CPSC Working on Finalizing Which HTS Codes Will Require E-Filed Certificates

"The list is currently [being] finalized, is under terminal review and should be out soon," said John Blachere, international trade specialist in CPSC's Office of Import Surveillance. "Generally, the overall approach [is] that certain [Harmonized Tariff Schedule, or] HTS codes are going to be flagged in ACE, and a signal will be provided for those products that likely need a certificate to be e-filed."

As a result, the ability to flag HTS codes is not live, according to staff on the webinar.

The webinar noted that six months from now, on July 8, importers of regulated consumer products will need to electronically file their products' certificates of compliance. CPSC said in December 2024, when the commission voted in favor of the regulation (see 2412200065), that the change would make product inspections more efficient and improve the ability to target high-risk products imported into the U.S. It could also enable CPSC inspectors to identify and seize imported consumer products at the ports should they violate regulated safety standards, and it could reduce inspection frequency and hold times for compliant product importers.

A fact sheet on CPSC's website notes that the e-filing requirement for regulated consumer products entered into a foreign-trade zone will apply on Jan. 8, 2027.

Over the last 24 months, CPSC has been conducting internal expert reviews on which HTS codes would be included on the list, and it has identified approximately 600 HTS codes so far, according to Blanchere. At least half of these will be tariff subheadings that cover some goods that require certification, and some that don't.

Blanchere said that the list is evolving and subject to change. For instance, children's clothing when the age and size ranges are not clearly identified with the HTS classification may still require a certificate of compliance.

"HTS classification changes are routinely made by agencies outside of CPSC. Those changes can cause HTS codes to be added or removed from the posted list as needed. So, recognize that this list is going to change," Blachere said.

While importers will be responsible for complying with this submission change, CPSC's FAQ on its website also note that the agency doesn't intend to request that CBP deny entry of products into the U.S. solely based on failure to eFile certificate data via a Full PGA Message Set or a Reference PGA Message Set.

"To this end, CPSC does not intend initially to have the ACE system send reject messages for missing PGA data, only warning messages. However, CPSC will continue to enforce certificate requirements for imported consumer products and submit requests to CBP to initiate seizure of non-compliant products," CPSC said. "Furthermore, CPSC intends to adjust an entry line’s risk score based on certificate data provided via a full PGA message set or a reference PGA message set, which should reduce holds and examinations for compliant products and better focus resources on non-compliant products."

If there are problems with an e-filing, CPSC operations at the port may be notified, according to staff on the webinar.

"But again, just because it's not flagged in ACE does not mean that a certificate is not required," staff on the webinar said. "Importers must make sure that they are focused on the product requirements and that they know their product requirements, because just because a flag isn't there doesn't mean it doesn't require a certificate."

Information on how to register for the program, including registering for the voluntary phase of the program, can be found on CPSC's website, staff said.

CPSC representatives also said new application program interface (API) endpoints are coming, which will enable software developers integrating with CPSC's API to get a lot of the data that is currently only available within the registry application.