CPSC Import Director Discusses How to Avoid Entry Delays, New Informed Compliance Inspections
A “multitude” of issues can trigger a Consumer Product Safety Commission inspection, but the commission also sees “a lot of problems that are really avoidable, but that create a delay,” said Carol Cave, director of import surveillance at CPSC. Cave spoke at the International Consumer Product Health and Safety Organization’s (ICPHSO) Annual Meeting and Training Symposium Feb. 27. CPSC has been working with CBP to regulate consumer products at the port, she said, and getting entry documentation right can mean avoiding the pitfalls that delay entry.
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Inspection Triggers
CPSC inspections can be triggered by many different issues, Cave said. She identified several key problems as areas of concern for CPSC when deciding whether to inspect:
- Repetitive use of a foreign supplier that has been found in violation.
- Incorrect filing of a manufacturer ID number on entry documentation.
- Product targeted by CPSC compliance office as a priority.
- Intellectual property issues.
- Ensuring compliance with the terms of a consent order.
Steps to Avoid Entry Delays
But there are many steps that importers and brokers can take to avoid entry delays, she said. Specifically, Cave touted the Importer Self Assessment Product Safety Program as a way to expedite entry, and urged filers to submit correct and complete entry documentation. Specific steps cited by Cave to avoid pitfalls include:
Make certificates readily available. Certificates are currently either in a product’s packaging or in the possession of the broker, but a proposal currently before the commission includes provisions that would allow for electronic filing with entry documentation (see ITT’s Online Archives 13020528 for summary).
Ensure goods are classified appropriately. For example, CPSC sees lots of toys classified as plastics, Cave said. When that happens, “you’re going to get dinged by us and you’re going to get dinged by CBP for classification issues.”
Include product detail on the invoice. “Help us know that you know your product,” Cave said. She recommended inclusion of G10 identification numbers, for example.
Make sure the third-party tester is accredited. CPSC frequently sees certificates that list an unaccredited tester, she said.
If importing ATVs, have a CPSC Action Plan on file. The action plan must be already approved by CPSC, and not under review, she said.
Sign up for ISA and ISAPS. CPSC created the Importer Self Assessment Product Safety Problem several years ago, Cave said. The program allows for expedited testing, mitigating factors in civil penalty actions, and conditional release of goods when products are stopped for exam. “Most importantly, it allows companies to label themselves as low risk,” she said.
To apply for the program, importers must first be cleared through C-TPAT, and then ISA, after which they may apply for ISAPS. The application is available by emailing isa@dhs.gov. The evaluation process takes four to six months after receipt of an application, and looks at a company’s internal controls, Cave said.
CPSC Conducting Informed Compliance Inspection
CPSC recently started conducting “informed compliance inspections,” Cave said. The announced inspections are used to provide CPSC regulatory information and guidance to importers. “The goal of the ICI is to eliminate the necessity for future enforcement action with this company,” Cave said. It is not intended to be enforcement-oriented.
The ICIs are used for firms that have had no recent CPSC import exams, and limited violations. “The intent of the ICI is to get to the root cause of the problem as early as possible, and to allow those who wish to be compliant to have the tools they need to be compliant,” Cave said.