The CPSC Approves Final Rule for eFiling of Certificates, and will include de minimis shipments

The CPSC Approves Final Rule for eFiling of Certificates, and will include de minimis shipments

by | Dec 19, 2024 | Insights

New Rule Aims to Better Target Risky Shipments and Protect Consumers

December 18, 2024

Washington, D.C. – The U.S. Consumer Product Safety Commission (CPSC) has approved a Final Rule to implement electronic filing (eFiling) of Certificate information for regulated, imported consumer products and to revise requirements for Certificates of Compliance. The Commission vote was 3-0-2, with all five Commissioners voting to approve the rule; and a majority voting to approve the rule with an amendment extending the general implementation date from 12 months to 18 months. 

Under the new rule, requirements impacting most imported consumer products and those produced domestically will take effect 18 months from publication in the Federal Register. A 24-month effective date will apply to consumer products imported into a Foreign Trade Zone1 (FTZ) and subsequently entered for consumption or warehousing.

CPSC’s new eFiling program will apply to all imported consumer products subject to a mandatory safety standard, as set forth in the rule, including de minimis2shipments. The program will require importers of regulated products that require certification3 to electronically file data elements at the time of filing an entry including:

Using this information, CPSC will drive greater efficiencies in product inspections and more effectively target high-risk products being imported into the United States. eFiling will also reduce inspection frequency and hold times for compliant product importers, rewarding firms with a record of compliance and enabling their imports to move more quickly.

“The bipartisan passage of the eFiling rule is one of the most consequential steps CPSC will take to modernize our screening process at ports of entry,” said CPSC Chair Alex Hoehn-Saric. “Ensuring that imported products are safe for Americans, especially our kids, is a priority for the agency. eFiling will strengthen CPSC’s ability to target unsafe products and prevent them from entering the country and consumers’ homes.” 

The eFiling program was informed by industry testing and feedback through alpha and beta pilots conducted between 2016 and 2024. In addition, CPSC is inviting up to 2,000 additional importers to sign up for the eFiling voluntary stage to develop and test their systems before eFiling becomes mandatory. 

Among its provisions, the new rule will require private labelers to certify domestic products unless the manufacturer certifies the product and aligns the agency’s existing certificate rule with other CPSC rules on testing and certification.

CPSC approves eFiling, Start early with Comply PRO+

Prepare now for eFiling using Comply PRO+.

Comply PRO+ has been part of the eFiling beta program, and if you are an early filer, once approved, you can use Comply PRO+ to automate your filing using our API for the product registry. Since you still need to prepare CPC and GCC certificates until the rule goes live, you can prepare now and generate certificates today and automate this process so that when efiling goes into effect, you will be ready on day one. We have automated the process to collect the data needed to file so that you do not need to add extra steps to your current process, and suppliers can add relevant data with their access to the platform. Learn more about preparing today and streamlining compliance activities by scheduling a demo to see Comply PRO+ and get discounts and a Free additional user.

Get on the CPSC Voluntary eFiling List

Get on the CPSC Voluntary eFiling List

by | Nov 19, 2024 | Insights

The CPSC began a phased invitation schedule on October 28, 2024. This approach allows them to provide dedicated support and guidance to each group of participants as they come on board. This phased rollout is designed to maximize the efficiency and quality of the onboarding process. The CPSC says its staff is committed to providing all participants with a seamless and successful filing experience.

The CPSC will continue to accept registration requests for the eFiling voluntary stage on an ongoing basis. Registration will remain active until the CPSC reaches its maximum capacity of 2,000 importers participating in the eFiling voluntary stage. Please note invitations to establish a Business Account in the Product Registry are being provided on a first-come, first-served basis. Each importer company will receive their invitation based on when they requested access, so if you want to eFile during the voluntary stage, you need to get on the list today.

To receive an invitation to establish a Business Account in the Product Registry, Importers should first confirm they do not already have any current type of Registry account, then email eFilingSupport@cpsc.gov with the following information:

  1. Company Name
  2. Initial Business Account Administrator’s Name
  3. Initial Business Account Administrator’s Email
  4. Importer of Record Number(s)
  5. Broker Filer Code(s)
  6. Types of Products Imported

The importer must create the business accounts. After you get approved, importers can invite additional users from trade partner organizations to collaborate, such as brokers, test laboratories, manufacturers, and service providers like Comply PRO+.

For more information, visit www.cpsc.gov/eFiling to review available training materials and sign up for the mailing list to keep up with the CPSC eFiling rollout.

Once you sign up for the Voluntary Filing, get accepted, and Create your Business Account, choose Comply PRO” as your service provider, and you can start building your data into Comply PRO+. Contact us as an early filer and get 20% off any plan. Once onboard, you can start generating all certificates for a shipment with one click and file your data into the CPSC product registry.

Comply PRO+ was developed for businesses, owners, executives, Amazon sellers, and compliance managers. Designed as brand protection software, our patent-pending PRO Check Audit automatic certificate generation and compliance verification module will never let you ship non-compliant products if you build proper protocols and test your products. Check our pricing page and get started today. Schedule a demo call and get a FREE additional user!

Amazon Now Requires Compliance Approval Before Listing

Amazon Now Requires Compliance Approval Before Listing

by | Oct 3, 2024 | Insights

Effective September 30, 2024,  Amazon requires you to submit product compliance documents for approval before listing the product. To ensure that the products sold on Amazon are held to the highest standards and are safe for customers to use, you must be able to demonstrate through appropriate compliance documentation that all the products you offer on Amazon meet regulatory and policy requirements. This update does not change existing compliance requirements; your existing product listings will not be impacted. New products will be listed once all required compliance documentation has been submitted and approved. You can do this through the Manage All Inventory dashboard. Customer safety is our top priority, and we may ask for additional information to verify product safety and compliance anytime.

For more information about this change, go to Creating new selection with compliance requirements.

Use Comply PRO+ to build your Compliance program to show Proof of Compliance and automatically generate Children’s Product Certificates and General Certificates of Conformity from a Purchase Order. Manage all compliance documentation, test reports, store instructions, packaging, labels, etc., and manage your other sales channel compliance. Be Ready for the EU General Product Safety Regulation and CPSC eFiling with Comply PRO+.

Biden Harris Administration Announces New Actions to Protect American Consumers,Workers, and Businesses by Cracking Down on De Minimis Shipments with Unsafe, Unfairly Traded Products

Biden Harris Administration Announces New Actions to Protect American Consumers,Workers, and Businesses by Cracking Down on De Minimis Shipments with Unsafe, Unfairly Traded Products

by | Sep 18, 2024 | Insights

The Biden-Harris Administration is taking new actions to enforce our laws and protect American consumers, workers, and businesses by addressing the significant increased abuse of the de minimis exemption, in particular China-founded e-commerce platforms, and strengthening efforts to target and block shipments that violate U.S. laws. Over the last ten years, the number of shipments entering the United States claiming the de minimis exemption has increased significantly, from approximately 140 million a year to over one billion a year. This exponential increase in de minimis shipments makes it more challenging to enforce U.S. trade laws, health and safety requirements, intellectual property rights, and consumer protection rules, and to block illicit synthetic drugs such as fentanyl and synthetic drug raw materials and machinery from entering the country. The majority of shipments entering the United States claiming the de minimis exemption originate from several China-founded e-commerce platforms, putting American consumers at risk, undercutting American workers and businesses, and resulting in the importation of huge volumes of low-value products such as textiles and apparel into the U.S. market duty-free. A shipment is eligible for the de minimis exemption if the aggregate fair retail value of the articles imported is $800 or less. De minimis shipments enter the United States with less information than other imports and are not subject to duties and taxes. The growing volume of de minimis shipments makes it increasingly difficult to target and block illegal or unsafe shipments. Foreign corporate giants who exploit the de minimis exemption do so for a variety of reasons. Some companies exploit the de minimis to conceal shipments of illegal and dangerous products and avoid compliance with U.S. health and safety and consumer protection laws. Other foreign entities use it to circumvent U.S. trade enforcement actions intended to level the playing field for American workers, retailers, and manufacturers. With today’s announcement, the Administration is using executive authority to stop the abuse of the de minimis exemption. The Administration also calls on Congress to pass legislation this year to reform the de minimis exemption comprehensively to further protect American consumers, workers, and businesses. Administration Action Intended to Reduce De Minimis Import Volumes New Rulemaking to Reduce De Minimis Volume and Strengthen Trade Enforcement: The Administration intends to issue a Notice of Proposed Rulemaking that would exclude from the de minimis exemption all shipments containing products covered by tariffs imposed under Sections 201 or 301 of the Trade Act of 1974, or Section 232 of the Trade Expansion Act of 1962.
  • Section 301 tariffs currently cover approximately 40% of U.S. imports, including 70% of textile and apparel imports from China. Some e-commerce platforms and other foreign sellers circumvent these tariffs by shipping items from China to the United States claiming the de minimis exemption. If finalized, these goods would no longer be eligible for the de minimis exemption.
  • It would also ensure that de minimis exemption eligibility for products covered by trade enforcement actions is consistent across U.S. trade laws. Products covered by antidumping or countervailing duty orders are already excluded from de minimis exemption eligibility.
Administration Action to Protect U.S. Consumers, Workers, and Businesses New Rulemaking to Improve Accountability and Enforcement in De Minimis Shipments: The Administration intends to issue a Notice of Proposed Rulemaking regarding the entry of low-value shipments that will propose to strengthen information collection requirements to promote greater visibility into de minimis shipments.
  • This regulatory action will propose to require specific, additional data for de minimis shipments – including the 10-digit tariff classification number and the person claiming the de minimis exemption – which will improve targeting of de minimis shipments and facilitate expedited clearance of lawful de minimis shipments.
  • The proposed regulatory changes will also clarify who is eligible for the administrative exemption, and requires filers to identify the person on whose behalf the exemption is being claimed.
  • These new requirements would help U.S. Customs and Border Protection (CBP) protect consumers from goods that do not meet regulatory health and safety standards and protect U.S. businesses from unfair competition against imported goods that would otherwise be charged duties or restricted from entry.
Final Rule to Prevent De Minimis Shipments from Circumventing Safety Standards: Consumer Product Safety Commission (CPSC) staff intend to propose a final rule requiring importers of consumer products to file Certificates of Compliance (CoC) electronically with CBP and CPSC at the time of entry, including for de minimis shipments.
  • This regulation would strengthen CBP’s and CPSC’s ability to target and block unsafe products from entering the U.S. market and would help prevent foreign companies from using the de minimis exemption to circumvent consumer protection testing and certification requirements.
Read more Comply PRO+ Plus will be ready to create digital certificates for container and individual shipments when CPSC eFiling goes into law. Schedule a demo today to see how this game-changing software can streamline your compliance activities and save you time and money. Generate Certificates automatically today and be ready when CPSC eFiling is required.
Check Shipment Status with CPSC Import Tracking Tool

Check Shipment Status with CPSC Import Tracking Tool

by | Jul 16, 2024 | Insights

CPSC’s Office of Import Surveillance has created a new web-based application that allows any entity with an entry number (brokers, importers, etc.) that has a pending review with CPSC staff to retrieve real-time information on the status of their shipment. If you have been notified your container has been pulled for inspection, You can now check the status here

We encourage using this tool as your first stop for any import-related questions. Please note that the tracker only provides information about the data review and examination conducted by CPSC’s Import Surveillance team and does not include the status for compliance determinations. The new tracking tool can be found at the link here.

For any questions about the tool, please contact CPSC’s Office of Import Surveillance at importinquiries@cpsc.gov.