View Rule

View EO 12866 Meetings Printer-Friendly Version     Download RIN Data in XML
CPSC RIN: 3041-AC94 Publication ID: Fall 2010 
Title: ●Certificates of Compliance 
Abstract: Section 3 of the Consumer Product Safety Improvement Act (CPSIA) amended section 14(a)(1) of the Consumer Product Safety Act (CPSA) to require manufacturers and private labelers of certain products to issue certificates declaring that their products being imported or distributed in commerce have been tested and are in compliance with all safety rules under the CPSA or similar rules, bans, standards, or regulations under any other Act enforced by the Consumer Product Safety Commission (CPSC). Pursuant to amendments made to section 14(a)(4) of the CPSA, the Commission may designate who must issue the certificate if there is more than one manufacturer or more than one private labeler. The rule may exempt all other manufacturers of such product or all other private labelers of the product (as the case may be) from the requirement under section 14(a)(1), (2), or (3) of the CPSA to issue a certificate with respect to such product. On November 18, 2008, the Commission published a Final Rule in the Federal Register (73 FR 68328) limiting the parties who must issue certificates of testing to the importer and, in the case of domestically produced products, the U.S. manufacturer. The rule, now codified at 16 CFR part 1110, permits the use of electronic certificates and specifies the requirements that electronic certificates must meet. The rule establishes obligations on importers, describing the timing of availability of certificates. The rule defines how certificates could be made available to meet a statutory requirement that they accompany each product or product shipment and be furnished to each distributor or retailer of the product. The rule did not place obligations on private labelers. The Commission is considering proposing an amendment to the regulations to clarify which parties must issue a certificate and to make the rule consistent with laws administered by Customs and Border Protection (Customs). 
Agency: Consumer Product Safety Commission(CPSC)  Priority: Substantive, Nonsignificant 
RIN Status: First time published in the Unified Agenda Agenda Stage of Rulemaking: Proposed 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  12/00/2010    
Commission Decision  12/00/2010    
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:
Jeremy Baskin
Project Manager
Consumer Product Safety Commission
Office of the General Counsel, 4330 East West Highway,
Bethesda, MD 20814
Phone:301 504-7580
Email: jbaskin@cpsc.gov