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CPSC | RIN: 3041-AC94 | Publication ID: Fall 2024 |
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 (including importers) and private labelers of regulated products test and certify their products before importing for consumption or warehousing or before distributing. Certificates of compliance must certify that consumer 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 to the Commission for consideration a proposed rule to amend part 1110. The proposed rule would: (1) clarify certificate requirements in light of 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 was a requirement that importers file certificates electronically with Customs and Border Protection (CBP) at the time of filing the CBP entry or the time of filing the entry summary, if both are filed together. Work on the amendment of 16 CFR 1110 was put on hold while the Commission tested electronic filing of certain targeting and enforcement data (Alpha Pilot), conducted a certificate study to better understand how the presence of certificates and the data on certificates are associated with a product's compliance with CPSC regulations, and considered options for moving forward with rulemaking. On September 23, 2020, staff submitted a briefing package to the Commission, "CPSC Plan to Create an eFiling Program for Imported Consumer Products.” Staff’s briefing package recommended a multi-year, four-phased approach to implement eFiling: (1) create and fund an eFiling program, (2) conduct an eFiling Beta Pilot, (3) continue rulemaking, and (4) dedicate ongoing resources. On December 18, 2020, the Commission voted to approve staff’s recommended plan. Consistent with the Commission’s vote on the eFiling plan, the Commission conducted a Beta Pilot in FY 2023 and 2024, and staff submitted a supplemental notice of proposed rulemaking (SNPRM) to the Commission on November 8, 2023, and on November 15, 2023, the Commission voted to publish the SNPRM. The Comment period for the SNPRM ended on February 6, 2024. Staff is preparing a draft final rule for Commission consideration in FY 2024. |
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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: Final Rule Stage |
Major: Undetermined | Unfunded Mandates: No |
CFR Citation: 16 CFR 1110 | |
Legal Authority: Pub. L. 110-314, sec. 3 15 U.S.C. 2063 5 U.S.C. 553 |
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: James Joholske Director, Office of Import Surveillance Consumer Product Safety Commission 4330 East West Highway, Bethesda, MD 20814 Phone:301 504-7527 Email: jjoholske@cpsc.gov |