CPSC Official Says More OGAs to Issue Detention Notices, Notes CPSIA Problems

Other Agencies Expected to Follow CPSC Lead & Issue Own Detention Notices

The official gave an overview of CPSC-issued detention notices which the agency began issuing on June 14, 2010.

Though most of the information reinforced recent CPSC presentations¹ (e.g. that the agency’s detention notices will generally be in lieu of notices issued by U.S. Customs and Border Protection (CBP), that they will contain a CPSC contact and information on the potential violation, that the trade will have 5 business days to respond, that conditional release of the merchandise may be allowed while CPSC resolves the detention, etc.), the official did state that CPSC is just the first agency to start issuing its own detention notices. According to him, the plan is for other government agencies (OGAs) to follow suit.

Sample CPSC detention notice. The official also provided a sample CPSC Notice of Detention which contains the following information: importer of record, importer number, customs broker, product, model/item, date, CPSC sample number, entry number and date, invoice number & date, port of entry, examination site, program/operation, country of origin, and the suspected violation.

It includes instructions for the importer, such as instructions on providing, within 5 working days from receipt of the notice, any evidence or information regarding the detained products to the CPSC contact officer listed on the notice It also explains the possible outcomes of a detention.

Sample conditional release notice. He also provided a sample Notice of Sampling and Conditional Release, which states that a sample product from an entry described on the form has been taken for examination by CPSC but that the remainder of the sampled product is released conditionally for 30 days or until CPSC resolves the detention. The notice adds that the conditionally released products must be held at the importer of record’s risk and expense at the importer’s premises or other location agreeable to CPSC and must not be distributed in commerce while the examination continues.

These sample documents are available by emailing documents@brokerpower.com.

CPSC Is Seeing Some Common CPSIATesting & Certification Problems

According to the official, CPSC is finding certain problems to be more common than others as it enforces the Consumer Product Safety Improvement Act (CPSIA) testing and certification requirements. These include:

Not testing all parts. Testing and certification is not always sufficiently thorough. For example, a children’s product might have seven accessible components that should have been tested for lead content, but CPSC testing and in some cases, even the importer’s own certification, reveal that only 5 of the 7 parts have passing results.

Not testing for all rules. Manufacturers and importers must also be careful to test and certify for all requirements affecting a given product. For example, an importer might have tested a children’s product for lead paint, but not tested it for the small parts requirements that it must also meet.

Electronic Certificates Preferred, 5% of Firms Noting URL on Carton

The CPSC official reminded the trade that CPSC is not interpreting the CPSIA requirement that conformity certificates must “accompany” each product or shipment and be “furnished” to each distributor or retailer of the product as meaning that importers must put a paper conformity certificate in the boxes of their shipments. For now, it is sufficient that these documents be readily available if CPSC asks for it. He adds that supplying certificates in electronic form is preferable.

He also stated that CPSC is seeing about 5% of companies write an Internet address or URL on the side of their cardboard cartons, which allows CPSC to pull up all of the certifications and test results applicable to that carton. The official stated that with this approach, CPSC is able to view the certificates, and the importer meets both the CPSIA “accompanying” and “furnishing” requirements, as the URL is with the product through the distribution chain until it arrives at the distributor or retailer.

(He added that there is a provision in the CPSIA that would allow CPSC to require conformity certificates to be submitted up to 24 hours prior to arrival, though there is currently nothing on the drawing board to implement this. See ITT’s Online Archives or 11/18/08 news, 08111805, for BP summary of CSPC’s November 2008 final rule streamlining CPSIA certification requirements, which notes this CPSIA provision.)

Slow Compliance with Tracking Label Requirement for Children’s Products

The official also stated that the trade has been slow to adopt appropriate compliance with the CPSIA tracking label requirements, and that children’s products without them can be stopped at ports of entry. The tracking label requirements, which took effect for children’s products manufactured on or after August 14, 2009, require certain “permanent distinguishing marks” on children’s products, including the manufacturer’s name, date and place of manufacture, cohort information, etc. (See ITT’s Online Archives or 07/22/09 news, 09072205, for BP summary of CPSC’s July 2009 tracking label Policy Statement.)

2 New Infant Standards Take Effect on Dec, 6 More Products Need Consumer Cards

The official reminded the trade that several CPSC requirements take effect in December 2010. These include:

Infant bath seats. The new mandatory standard for infant bath seats takes effect on December 6, 2010, and applies to bath seats manufactured or imported on or after that date. (See ITT’s Online Archives or 06/04/10 news, 10060427, for BP summary of the final rule establishing the new bath seat standard.)

Infant walkers. The new mandatory standard for infant walkers takes effect on December 21, 2010 and applies to walkers manufactured or imported on or after that date. (See ITT’s Online Archives or 06/21/10 news, 10062165, for BP summary of the final rule establishing the new infant walker standard.)

Consumer registration cards. Consumer product registration cards will have to be included with 6 additional durable infant and toddler products starting December 29, 2010. This means that manufacturers (or importers) of children’s folding chairs, changing tables, infant bouncers, infant bath tubs, bed rails, and infant slings that are manufactured on or after December 29, 2010 will have to provide a postage-paid consumer registration form with each such product and meet certain recordkeeping and labeling requirements. The consumer registration requirements have been in effect for 12 durable infant and toddler products (cribs, walkers, swings, strollers, etc.) since June 2010. (See ITT’s Online Archives or 12/29/09 news, 09122915, for BP summary.)

Crib and Drawstring/Hairdryer Rules Expected to be Finalized by End of 2010

He added that the rulemaking to establish new mandatory standards for cribs is expected to be finalized by the end of the year. (See ITT’s Online Archives or 07/23/10 news, 10072338 for BP summary of the July 2010 proposed rule.)

In addition, the rulemakings that would designate certain children’s upper outerwear with drawstring violations and handheld hairdryers without immersion protection to be substantial product hazards under section 15 (j) of the Consumer Product Safety Act (CPSA) and therefore refused entry, are also expected to be finalized by the end of the year. (See ITT’s Online Archives or 05/17/10 news, 10051763, for BP summary of the proposed rule.)

Testing/Certification Stay for Children’s Lead Content Scheduled to Lift Feb 2011

The official also reminded the trade that CPSC’s stay of enforcement that has been in effect since February 10, 2009 on the testing and certification requirements for lead content in children’s products (but not on the actual lead content limits) is scheduled to be lifted on February 10, 2011. (See ITT’s Online Archives or 12/29/09 news, 09122920, for BP summary of CPSC notice on lifting its stay in stages.)

¹See ITT’s Online Archives or 10/15/10, 07/13/10, and 06/16/10 news, 10101519, 10071321, and 10061666, for most recent BP summaries on CPSC detention notices.