CPSC Publishes 16 CFR 1110 Final Rule for eFiling of Certificates

CPSC Publishes 16 CFR 1110 Final Rule for eFiling of Certificates

On January 8, 2025, the Final Rule to implement changes to 16 CFR 1110 requiring eFiling was published in the Federal Register. [CPSC Docket No. 2013-0017] 

This makes the mandatory effective date for the new rule and implementation of eFiling July 8, 2026, unless your product is imported into a Foreign Trade Zone (FTZ), which will have a mandatory effective date of January 8, 2027. 

You can access the published document here: Federal Register: Certificates of Compliance.

Find out more about how Comply PRO+ can help you prepare for this upcoming change and how you can start today by automating your current CPC and GCC generation so that when the time comes, you can eFile to the product registry with one click. Comply PRO+ enhances your compliance program, and with our patent-pending compliance verification module, we can tell you what is needed for each shipment so you will never ship non-compliant products.

If you are looking to automate efiling or want a platform to manage all your compliance-related activities, we can help.

Comply PRO+ has been part of the CPSC eFiling beta, and if you are an early filer, you can quickly start and start filing with your next shipment. Schedule a call today, and we will be happy to show you how to transform your business with this groundbreaking software.

CPSC eFiling Beta is Starting Soon

CPSC eFiling Beta is Starting Soon

Digital CPC’s and GCC’s are Coming

The CPSC is committed to continuously improving its import surveillance process so that it may help reduce unreasonable risk of injuries and deaths associated with consumer products and help the agency maintain its standing as a leader in consumer product safety in an ever-expanding global marketplace.

In support of continuous improvement, the Office of Import Surveillance (EXIS) has begun the phased implementation of electronic filing (eFiling) of Certificates of Compliance (see graphic below) to modernize the way import data are processed. This allows importers of regulated consumer products to easily store and eFile certain certificate data via CPSC’s Partner Government Agency (PGA) Message Set.

Phased Implementation Flow Chart

Benefits of the CPSC eFiling system include:

  • Fewer holds for compliant importers
  • Reduction in risk score for demonstrated compliance with CPSC’s requirements
  • Potentially shorter review periods
  • Increased CPSC focus on higher risk products

The CPSC understands the trade industry’s key role in helping develop a successful eFiling system. As such, a Beta Pilot effort will launch in the fall of 2023 to test IT systems. This pilot will include up to 50 volunteer participants who will be asked to provide feedback to inform the system design and final rulemaking for the full implementation of the eFiling system.

This public-private partnership is essential to the successful implementation of eFiling. We have exceeded our minimum threshold of 30 participants, but there is opportunity for more importers to participate in CPSC’s pilot.

The CPSC will continue to communicate regularly through future newsletters, fact sheets, and other information that will be available via their eFiling website (www.cpsc.gov/efiling), social media channels (@USCPSC), and their mailing list.

What is the IT-DAG?

The Information Technology-Data Advisory Group (IT-DAG) is an industry working group established to advise on the development of systems and processes for CPSC’s eFiling implementation. The IT-DAG kicked off in December 2022 and has made great progress in reviewing and providing valuable input to the CBP and Trade Automated Interface Requirements (CATAIR) and IT system requirements. Below is a summary of IT-DAG activities and results over the past several months:

  • Since December 2022, the IT-DAG has held six meetings where they  reviewed and discussed the draft Beta Pilot CATAIR, the PGA Message Set, and the Product Registry.
  • CPSC has highlighted system business rules and demonstrated functionality that supports entry and management of certificate data in the Product Registry database.
  • Participants have been instrumental in providing valuable feedback to increase the efficiency and effectiveness of the system design and functionality. 
  • The draft CATAIR has been updated, posted on www.cpsc.gov/efiling, and shared with IT-DAG participants as they begin their internal IT integration process, which will enable the electronic transmission of certificate data into the PGA Message Set.
  • The IT-DAG will continue to meet and review Product Registry functionality. The public is welcome to attend IT-DAG meetings as a non-member in listen-only mode or preview meeting summaries on the docket.

For more information about the eFiling program, go to CPSC eFiling Website

Jacoby Solutions has been part of the IT-DAG team and will be part of the eFile beta via COMPLY PRO+

Why every Company Should  Register with Safer Products.gov

Why every Company Should Register with Safer Products.gov

Monitor and Respond to Reports

SaferProducts.gov is where the public can file and read complaints about thousands of consumer products. The CPSC collects reports of harm or potential harm about dangerous or potentially unsafe consumer products. Each report is reviewed by the CPSC staff of investigators and consumer product safety experts to determine what actions should be taken to protect the American public. A report can provide information that may contribute to CPSC’s decision to seek a product recall, seek penalties against any person or firm, or create new safety regulations or take other action authorized by law. Companies should be prepared to respond to reports of harm posted on saferproducts.gov.  A best practice is to appoint a leader or the compliance manager to develop internal escalation procedures to gather customer incidents through company customer service representatives so that management can respond to all incident reports and escalate such incidents to determine whether a § 15(b) report is necessary.

After Registering, most businesses can receive notification of reports of harm on saferproducts.gov within the ten business days allotted by the CPSC, either on the website or offline with the CPSC.  By acknowledging a report of harm and stating that an investigation is underway, companies can preclude CPSC from taking action until the relevant facts have been thoroughly investigated.  As the investigation proceeds and more information becomes available, companies also can supplement their responses.  Some of the most effective actions in response to reports of harm posted on saferproducts.gov have included:

·       Responding within ten business days, regardless of whether the report has been investigated fully

·       Noting an investigation has just begun and will be supplemented promptly as additional information becomes available

·       Supplementing responses promptly and regularly as more information becomes known

·       Advising consumers to contact customer service and/or provide the company with the product for inspection of the reported harm

·       Communicating directly with the CPSC separately and offline instead of on the public website

·       Posting nothing online if the consumer has already contacted the company about the incident but advising the CPSC of this fact offline and promptly

·       Stressing that all complaints are taken seriously and that the company seeks to investigate them to the fullest extent possible

·       Where applicable, stating that the consumer failed to provide contact information or the product for inspection, which prevents the company from responding completely

·       Confirming that the product recently was subjected to rigorous third-party, expert, or other testing and analysis and that no problems were found

·       Explaining that the product is safe when used correctly (e.g., according to instructions and warnings)

 NOTE: Take time to craft any responses on the safer products site and do not be condescending, infer that the consumer is wrong, etc., as consumers look to see how your company responds to safety or quality issues. Best to have the response reviewed internally before posting.

If you still need to do so, please search for your company products on safer products.gov and regularly monitor the site so you can promptly respond to any reports.  Search for unsafe products

Comply PRO+ encourages company registration, and you can sign up right from the SaferProducts.gov section in settings.