CBP Announces New Importer Self-Assessment Product Safety Pilot

The ISA-PS is a partnership that will be created among CBP, the Consumer Product Safety Commission (CPSC), and importers, which will strive to maintain a high level of product safety compliance, and to achieve the goals of the Interagency Working Group on Import Safety by working collaboratively to prevent unsafe imports.

Best Practices and Product Life-Cycle

CBP and CPSC staff have developed a list of best practices to ensure compliance with CPSC's current regulations, and will be working through this program to adapt those best practices to meet the CPSC's new statutory scheme. Within the realm of their respective authorities, CBP and CPSC will verify that companies have adequate controls and processes in place to ensure product safety at all points in the product life-cycle of imported products and to comply with these mandatory standards.

Participation is Voluntary and is Open to Applications Beginning October 29th

Participation in the ISA-PS is voluntary, and beginning October 29, 2008, is open to applications from qualified importers who are participants in the ISA.

CBP and CPSC staff will designate a limited number of importers from the initial applicant pool and determine their eligibility for participation in the pilot program. For some applicants, the review will include a CPSC risk assessment to determine the applicant's readiness to assume responsibilities for ISA-PS self-assessment. CBP and CPSC will also perform a formal domestic site visit with the importer. At the discretion of CBP and CPSC, it may also be necessary to perform a formal visit with the applicant at a foreign facility.

ISA-PS Participation Requirements

In order to participate in ISA-PS, an importer must:

Be an active member in ISA and comply with all ISA requirements and obligations.

Complete an ISA-PS/CPSC Questionnaire and sign an ISA-PS/CPSC Addendum.

Agree to comply with all laws and regulations administered by CBP, as well as the CPSC including, but not limited to: the Consumer Product Safety Improvement Act of 2008, the Consumer Product Safety Act, the Federal Hazardous Substances Act, the Flammable Fabrics Act, the Poison Prevention Packaging Act, the Refrigerator Safety Act, the Virginia Graeme Baker Pool and Spa Safety Act, and the Children's Gasoline Burn Prevention Act of 2008.

Maintain an internal control system that ensures the integrity of product safety.

Notify CBP of any major organizational changes that may impact the importer's product safety controls.

Submit an annual written notification to CBP that sets forth the importer's ISA-PS point of contact and acknowledges that the importer continues to meet the requirements of ISA-PS.

ISA-PS Potential Benefits

In addition to the benefits received as a participant in ISA, once accepted into the ISA-PS, the participant also becomes eligible for the following benefits:

CPSC will provide the participant with a product-specific CPSC point of contact who can assist in providing National Electronic Injury Surveillance System (NEISS) Product Codes for entry lines.

CPSC will provide access to the participant with special training concerning product safety compliance, internal controls, and CPSC audit trails.

CPSC will allow the participant the opportunity to apply for external participation coverage of multiple business units (multiple IOR numbers) identified in the ISA-PS/CPSC Addendum.

CPSC will consider expansion of benefits to all products of approved participants if the entry line(s) contains all the applicable NEISS product code(s).

CPSC will reduce product safety tests on goods imported by ISA-PS participants.

CPSC laboratories will grant priority "front of the line testing" to ISA-PS participants when product safety testing is conducted.

CPSC may allow products to be destroyed by the ISA-PS participant in lieu of requesting redelivery to CBP of the product.

CPSC will acknowledge the participation of ISA-PS in CPSC's "Fast-Track Product Recall Program."

Additional benefits tailored to specific industry needs may later become available. The ISA-PS participant will also enjoy greater business certainty because a reliable system of internal controls ensures compliant product safety transactions.

Evaluation to Determine if Pilot Should Become Permanent Program

CBP and CPSC staff intend to review the ISA-PS pilot two years after its effective date to measure its effects and achievements, and recommend to CBP and the CPSC whether ISA-PS shall become a permanent program.

(CBP states that the ISA program is a trade facilitation partnership program that recruits trade compliant companies in order to reduce both CBP and company resources required during entry and post entry, and to build cooperative relationships that strengthen trade compliance with trade laws. Since the ISA program started in 2002, over 172 importers under 760 different Importer of Record numbers have been approved to participate in the program.)

(See ITT's Online Archives or 07/03/08 news, 08070310, for BP summary of Interagency Working Group on Import Safety's progress report on its Import Safety Action Plan.

See ITT's Online Archives or 05/23/08 news, 08052310, for BP summary of a CBP's official's discussion of CBP's initiatives for import safety.

See ITT's Online Archives or 06/17/02 and 06/18/02 news, 02061705 and 02061805, for BP summary of CBP's announcement of its ISA program.)

CBP contact: Cathy Sauceda (202) 863-6556

CBP general notice on ISA-PS (FR Pub 10/29/08), available at http://edocket.access.gpo.gov/2008/pdf/E8-25551.pdf