CPSC Says Conformity Certificates Sent to Broker Can Meet the CPSIA "Accompanying" Requirement
In a revised frequently-asked-questions document, the Consumer Product Safety Commission has added an additional method to meet the requirement in the Consumer Product Safety Improvement Act of 2008 (CPSIA1) that certificates of conformity "accompany" each product or shipment of products required to have such certificates.2
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(While the CPSC originally indicated that "accompanying" meant that the conformity certificates needed to be physically present (i.e., in paper form), CPSC later clarified in a final rule that conformity certificates could also meet the requirement electronically as long as certain conditions were met (see below for latest conditions). (See ITT's Online Archives or 11/18/08 news, (Ref:0811805), for BP summary of the final rule.))
"Accompanying" Requirement Met if Certificate Electronically Sent to Broker Before Shipment Arrives
CPSC has revised its FAQ to state that conformity certificates transmitted electronically to a Customs broker with other customs entry documents before a shipment arrives can also meet the CPSIA "accompanying" requirement as long as they are available to CPSC or U.S. Customs and Border Protection (CBP) if the product or shipment is inspected.
Specifically, CPSC changed its answer to the question, "Must each shipment be "accompanied" by a certificate?" to state:
"Yes, the law requires that each import (and domestic manufacturer) shipment be "accompanied" by the required certificate. The requirement applies to imports and products manufactured domestically.
Under the rule3 issued by the CPSC an electronic certificate is "accompanying" a shipment if the certificate is identified by a unique identifier and can be accessed via a World Wide Web URL or other electronic means, provided the URL or other electronic means and the unique identifier are created in advance and available with the shipment.
Certificates can also be transmitted electronically to a broker with other customs entry documents before a shipment arrives so long as they are available to the Commission or Customs and Border Protection staff if the product or shipment is inspected."
CPSC Official Says Paper Certificate Sent to Broker Also Acceptable
According to the law firm of Meeks, Sheppard, Leo & Pillsbury, a CPSC official added by phone that either an e-mailed or paper conformity certificate may meet the "accompany" requirement [as described in the FAQ answer above].
(CPSC has previously stated any certificate, whether issued in electronic or paper form, must meet the statutory content and language requirements. As with paper certificates, for an electronic certificate to ''accompany'' a shipment, it must be created prior to arrival of the shipment in question into U.S. domestic commerce. The CPSC would expect that an electronic certificate would have a means to verify the date of its creation or last modification.)
1Enacted as Public Law 110-314 on August 14, 2008.
2 The Consumer Product Safety Act (CPSA), as amended by the CPSIA, requires that the manufacturer (including the importer) and the private labeler, if any, of a product that is subject to an applicable consumer product safety rule under the CPSA, or similar rule, ban, standard, or regulation under any other Act enforced by the CPSC issue a conformity certificate. The CPSIA requires that this certificate "accompany" each product or shipment of products, but does not define or explain "accompany."
3On November 18, 2008, CPSC issued a final rule which: (1) states that electronic conformity certificates can meet the CPSIA "accompanying" requirement as long as certain requirements are met; (2) limits, at least in the initial implementation phase, the certification requirement to domestic manufacturers and importers, as applicable; and (3) states CPSC would initially concentrate more on the substantive requirements underlying the certificate rather than on the certificate or the form of the certificate itself. (See ITT's Online Archives or 11/18/08 news, 08111805, for BP summary of the final rule.)
(See ITT's Online Archives or 10/22/08 and 10/28/08 news, 08102205 and 08102805, for previous BP summaries of CPSIA conformity certification requirements and CPSC clarifications of the requirement, respectively.)
CPSC revised Section 102 FAQ available at http://www.cpsc.gov/about/cpsia/faq/102faq.htmlaccompanied
CPSC's Website on the CPSIA available at http://www.cpsc.gov/about/cpsia/cpsia.html