Get Ready to Comply with CPSC’s Upcoming eFiling Requirement

By Melissa Landau Steinman, Elizabeth Lowe & Alexander Rubel

Consumer products regulated by the U.S. Consumer Product Safety Commission (CPSC) may soon be denied entry into the United States unless the importer of record electronically files a detailed product certification with the U.S. Customs and Border Protection (CBP). In late 2023, the CPSC published a proposed CPSC rule that will require that importers of regulated consumer products eFile Certificates of Compliance at import.

Since 2008, importers and domestic manufacturers have been required to maintain Certificates of Compliance and to provide distributors and retailers a reasonable means to access the certificate, but the certificates did not need to be filed at import. In June, the CPSC expanded its beta program testing the eFiling system and issued an “eFiling Quick Start Guide,” which provided additional information about the program and predicted that “full implementation of eFiling will occur in or around 2025.”

Examples of products requiring a Certificate of Compliance include children’s products; magnets; products containing button-cell or coin batteries; mattresses, mattress pads, carpets, rugs, and upholstered furniture; clothing storage units; products covered by the Poison Prevention Packaging Act; ATVs, bicycles, and bicycle helmets; and drywall.

The proposed CPSC rule defines “importer” to align with CBP’s definition of importer of record, which broadly includes the consignee, owner, purchaser, and anyone with a financial interest in the product or substance who “effectively cause[s] [it] to be imported into the United States.” The importer is responsible for eFiling the Certificate of Compliance for the particular product, which will require inputting of specific product certificate data. eFiling would be required “at the time of filing the CBP entry, or the time of filing the entry and entry summary, if both are filed together.” Importers should coordinate closely with their customs brokers to ensure compliance if the proposed rule takes effect.

The Certificate of Compliance must identify the finished product (including identifying number such as GTIN, serial number, or SKU), describe the finished product, and include information such as:

• Applicable CPSC-enforced mandatory standards
• The most recent date and place where the product was tested to those standards (or the applicable exception to testing requirements)
• The name, address, and contact information for the manufacturer
• The date(s) of manufacture and the party certifying compliance

Traditionally, many companies treat the manufacturer’s identity as highly confidential, so the new requirement to provide the name and full address of the manufacturer may be surprising to companies that aren’t paying close attention to the CPSC rule’s requirements. Also new is a requirement to include the following attestation:

I hereby certify that the finished product(s) covered by this Certificate comply with the rules, bans, standards, and regulations stated herein, and that the information in this Certificate is true and accurate to the best of my knowledge, information, and belief. I understand and acknowledge that it is a United States federal crime to knowingly and willfully make any materially false, fictitious, or fraudulent statement, representation, or omission on this Certificate.

That said, consumer products that do not require a Certificate of Compliance, or that are exempt from all otherwise applicable testing requirements (e.g., certain adult apparel), must be specifically disclaimed by the importer in a PGA Message Set, using the applicable disclaim code. The proposed rule does not include exceptions for de minimis shipments or products brought into the U.S. from a foreign trade zone.

Have questions about whether your product needs a Certificate of Compliance, how to create one, or anything else about what you can do now to prepare for the final rule? Have other CPSC or CBP related questions? Contact the authors for more information and guidance on eFiling and other CPSC and trade compliance.