CPSC Posts FAQ on Its Detention Notices for Imported Products
The Consumer Product Safety Commission has posted a frequently asked questions document on the agency's issuance of its own detention notices, which CPSC began to rollout on June 14, 2010.
Sign up for a free preview to unlock the rest of this article
Communications Daily is required reading for senior executives at top telecom corporations, law firms, lobbying organizations, associations and government agencies (including the FCC). Join them today!
(U.S. Customs and Border Protection (CBP) has traditionally issued detention notices for products with possible CPSC violations. However, in April 2010, CPSC announced it was working on issuing its own such notices and by June 14, 2010, announced that it had started rolling them out.)
FAQ Has New Details on Importer Response Extensions, Conditional Release, Etc.
The FAQs are substantially similar to CPSC’s previous communications about the detention notices but have certain additional details, such as those on extension of the 5 day importer response time, conditional release, requesting hearings, etc.
Details of the FAQ include:
Description of Notices
CPSC describes its detention notices as follows:
Include reason for detention, CPSC contact. All information relevant to the detention is included in the notice, including the reason for the detention and the contact information for the CPSC Investigator responsible for processing the detention. CPSC adds that issuing its own detention notices eliminates CBP as the “information conduit” and allows the importer and/or broker to deal directly with CPSC.
Sent to importer of record, broker, CBP. CPSC detention notices are sent to the importer of record and the Customs broker handling the transaction. CBP will also receive copies of all Notices of Detention.
Email preferred. CPSC prefers to communicate a notice of detention by email if an email address is available on the entry documents. Express mail or fax may also be used. They prefer not to send anything via regular mail.
No ABI message yet. There is currently no ABI message that indicates to the broker that the entry is being held for CPSC exam. This functionality will be incorporated in ACE as part of the cargo release process per the CBP Concept of Operations.
CPSC Detention Procedures
The FAQ describes CPSC detention procedures as follows:
If CBP also detains, CBP detention resolved first. If a shipment is detained by both CBP and CPSC under separate authorities, both agencies will send separate notices of detention. However, the CBP detention will be resolved first, and if CBP seizes the product under its authority, the CPSC detention will end. If CBP finds no violation and releases the product from its detention, the product will not be released to the importer until the CPSC detention is resolved.
Custody. CPSC explains that it does not take custody of the detained products. Any products detained by CPSC will continue to be held in a bonded facility regulated by CBP.
Release of non-detained products. CPSC only detains products described in the Notice of Detention. Therefore, the importer and/or broker should contact CBP if they wish to obtain release of remaining products in the shipment.
Conditional release of detained products. There will be situations in which CPSC will allow merchandise under examination to be moved to the importer’s premises or other place agreeable to CPSC and CBP pending the results of the examination. Any such release will be conditional and must occur under CBP bond. (Products will not be constructively detained at the importer’s premises.)
CPSC will notify the importer of the length of the conditional release period on a case by case basis, although the typical timeframe will be 30 days. Individual circumstances concerning the type of product and the complexity of examination will be taken into account.
Export or destruction requests. CPSC may also allow, on a case-by-case basis, the export or destruction of the merchandise prior to CPSC making a decision as to admissibility. The trade should contact the CPSC investigator processing the detention for further information if that is an outcome they would choose.
Recipient Response, CPSC Decision
The Notice of Detention will allow 5 working days for the recipient to respond. During this time, the importer and/or broker are encouraged to submit any reasonable testing results or other evidence that would support the admissibility of the detained product. CPSC is seeking a quick response from the importer and/or broker in order to expedite resolution of the detention.
Extensions. Reasonable extensions of time to produce necessary evidence will be allowed under certain circumstances.
CPSC decision generally within 30 days. CPSC will try to make admissibility decisions on products within 30 days of detention.
Contesting CPSC Detention Decisions
CPSC detention decisions are not made pursuant to 19 USC 1499 and are not subject to protest.
However, in lieu of submitting evidence to the CPSC officer, the importer can request a full hearing before an administrative law judge under the Administrative Procedure Act (APA), unless the product is detained under the Federal Hazardous Substances Act, the Poison Prevention Packaging Act, or the Federal Food, Drug and Cosmetic Act. However, there will be considerable delay in the detention, and the merchandise will continue to be held at the importer’s risk and expense.
(See ITT’s Online Archives or 06/16/10 and 06/04/10 news, 10061666 and 10060423, for BP summaries of CPSC confirming it had started issuing its own detention notices and a joint CBP/CPSC webinar on the topic.)
(FAQ dated 06/30/10)