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CPSC | RIN: 3041-AC94 | Publication ID: Spring 2015 |
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: (1) clarify certificate requirements in light of new rules on testing and labeling and component part testing, (2) require that electronic certificates be filed at the time of entry for imported products, and (3) 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. One focus of the proposed rule is a requirement that importers file certificates electronically with Customs and Border Protection (CPB) at the time of filing the CPB entry or the time of filing the entry summary, if both are filed together. On July 3, 2014, CPSC announced that a workshop on such electronic filing of certificates of compliance would be held on September 18, 2014, and that the comment period would be reopened through October 31, 2014, for comments on electronic filing. The staff is reviewing the information gathered at the workshop and the comments received in response to the NPRM and the July 3 requests for comments. Following this review, staff will send to the Commission for consideration a briefing package with a draft final rule. |
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Agency: Consumer Product Safety Commission(CPSC) | Priority: Substantive, Nonsignificant |
RIN Status: Previously published in the Unified Agenda | Agenda Stage of Rulemaking: Long-Term Actions |
Major: Undetermined | Unfunded Mandates: No |
CFR Citation: 16 CFR 1110 | |
Legal Authority: Pub. L. 110-314, sec 3 15 U.S.C. 2063 |
Legal Deadline:
None |
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Timetable:
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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: Jacqueline Campbell Project Manager, Directorate for Engineering Sciences Consumer Product Safety Commission National Product Testing and Evaluation Center, 5 Research Place, Rockville, MD 20850 Phone:301 987-2024 Email: jcampbell@cpsc.gov |