In a memo posted to their website on November 25th, the Consumer Product Safety Commission (CPSC) outlined a draft final rule to modify its section of the Code of Federal Regulations and initiate the formal requirement for eFiling.
This document confirms the matter is not up for vote, however a meeting is scheduled for December 18, 2024, where a final decision will be made on the issue. The CPSC is recommending:
A 12-month implementation date following the date of publication of the Final Rule in the Federal Register, as opposed to the earlier proposed timing of 120 days.
Merchandise entered or released from a Foreign Trade Zone (FTZ) is proposed to follow a 24-month implementation schedule to allow for additional programming, as necessary.
CPSC will not require a disclaimer when
o An imported product is not within their jurisdiction
o The product is under their jurisdiction, but there is no rule, ban, standard or regulation requiring certification
o The product is a component to a consumer product, and is imported for further production into a finished good, but itself is not available for sale to consumers
o The product is subject to enforcement discretion and no certificate is required
The draft also clarifies many relevant definitions, such as
o Importer to align with CBP’s IOR concept for right to make entry and ensure that they are also legally responsible for the certification requirements.
o Finished product certifier – to require that this party be a manufacturer, importer, or private labeler, and attaches this requirement to finished products and not component parts.
The full text of the memo can be found at:
Final-Rule-Revise-16-CFR-part-1110-eFiling-and-Certificates-for-imported-Consumer-Products.pdf
We will continue to follow this initiative and provide updates as they occur. Please contact [email protected] with any questions.