
The U.S. Consumer Product Safety Commission voted unanimously in favor of a final rule to implement electronic filing (eFiling) of certificate information for regulated imported consumer products.
The new e-filing scheme will apply to all imported consumer goods subject to mandatory safety standards, including minimum shipments. The requirements affecting most imported consumer goods and domestically produced consumer goods will come into effect in June 2025.
Background – CPSC’s Electronic Filing Proposal
Since 2008, importers have been required to hold a certificate of conformity proving that the products they import meet all applicable safety standards. However, these certificates do not need to be submitted at the time of import.
In June 2022, the U.S. Consumer Product Safety Commission (CPSC) announced a beta pilot test with U.S. Customs and Border Protection (CBP) to electronically archive certificate data for regulated consumer products. In 2023, CPSC and CBP began testing 38 importer participants. In December 2023, the agencies issued a notice expanding the scope of the Beta pilot test to include up to 2,000 new importer participants and extending the test period by up to three years. In announcing the expanded testing, the CPSC also proposed a new rule that would require importers of regulated consumer products to provide electronic certificates of compliance at the time of importation.
On November 22, 2024, the CPSC General Counsel distributed a staff briefing memorandum recommending approval and publication of a final rule implementing the electronic filing proposal.
Electronic filing requirements
The e-filing rules will impose new requirements on how importers manage product certificate data, rather than which products require certificates. Any consumer product subject to CPSC rules, bans, standards or regulations will continue to require a Certificate of Compliance and be filed electronically upon entry.
Importers are required to transfer message set data to CBP’s Automated Commercial Environment (ACE) system at the time of import.
There are two options for transferring this data:
- Complete set of PGA messages: Importers provide complete product certificates for imported products to their brokers, who file them into the CPSC PGA message set.
- Reference PGA message set: Importers pre-enter certificate data into the CPSC Product Registry and then provide their broker with the certificate identifier to be filed in the PGA message set.
What importers should do
CPSC staff recommends a 12-month implementation period for the electronic filing requirements. However, importers should take steps now to familiarize themselves with e-filing requirements and ensure they are prepared to submit the required information.
The U.S. Consumer Product Safety Commission has released various resources to assist importers in implementing this new requirement:
Diaz Trade Law can help importers update their compliance programs to ensure they meet all CPSC requirements. Contact us today at info@diaztradelaw.com or 305-456-3830.
Read more:
Leave a Reply Cancel reply
You must be logged in to post a comment.