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CPSC

RIN: 3041-AC94

Publication ID: Spring 2014

Title: Certificates of Compliance
Abstract: Section 14(a) of the Consumer Product Safety Act (CPSA), as amended by section 102 of the Consumer Product Safety Improvement Act of 2008 (CPSIA), requires that manufacturers and private labelers of regulated products test their products before distribution in commerce and issue certificates of compliance certifying that their products are compliant with all applicable consumer product safety rules under the CPSA or similar rules, bans, standards, or regulations under any other Act enforced by the Consumer Product Safety Commission (CPSC). On November 18, 2008, the Commission published a direct final rule in the Federal Register (73 FR 68328) implementing sections 14(a), (b), and (g) of the CPSA, and limiting the parties who must issue certificates of compliance to the importer and, in the case of domestically produced products, the U.S. manufacturer. The rule, now codified at 16 CFR part 1110, did not place obligations on private labelers. On December 5, 2012, staff sent a proposed rule to amend part 1110. The proposed rule would clarify certificate requirements in light of new rules on testing and labeling and component part testing, would require that electronic certificates be filed at the time of entry for imported products, and would place the obligation to certify domestically produced products on the domestic manufacturer or private labeler (for products that are privately labeled as defined by the CPSA). Staff sent a revised draft proposed rule to the Commission on March 13, 2013. The Commission voted to approve publication in the Federal Register of the draft proposed rule, with changes. The comment period ended on July 29, 2013. Following review of the comments, staff will send to the Commission for consideration a briefing package on the final rule.
Agency: Consumer Product Safety Commission(CPSC)	Priority: Substantive, Nonsignificant
RIN Status: Previously published in the Unified Agenda	Agenda Stage of Rulemaking: Final Rule Stage
Major: Undetermined	Unfunded Mandates: No
CFR Citation: 16 CFR 1110
Legal Authority: PL 110-314, sec 3 15 USC 2063

Legal Deadline: None

Timetable:

Action	Date	FR Cite
Staff Sends Briefing Package to Commission	12/05/2012
Staff Sends Additional Information to Commission	03/13/2013
Commission Decision	05/01/2013
NPRM	05/13/2013	78 FR 28080
NPRM Comment Period End	07/29/2013
Staff Sends Final Rule to Commission	12/00/2014

Regulatory Flexibility Analysis Required: Undetermined	Government Levels Affected: None
Federalism: No
Included in the Regulatory Plan: No
International Impacts: This regulatory action will be likely to have international trade and investment effects, or otherwise be of international interest.
RIN Data Printed in the FR: No
Agency Contact: Carol J. Cave Consumer Product Safety Commission Office of Import Surveillance, 4330 East West Highway, Bethesda, MD 20814 Phone:301 504-7677 Email: ccave@cpsc.gov