The US CPSC (Consumer Product Safety Commission) and CBP (Customs and Border Protection) will start reform on March 22 and will comprehensively carry out “Two Way Messaging”. All products within their jurisdiction will be marked for review.
This time the CPSC has been upgraded to a PGA (ParticipatingGovermentAgency) participating government agency to participate in customs declaration, and a new regulation has been added: even if the imported goods pass the declaration, if the CPSC does not release them, they will not be released. It cannot be sold and can only be stored in the warehouse.
The notice shows: Goods entering the United States transported by air, truck or ocean will be marked for review. If there are related products, it is recommended to prepare relevant documents in advance, such as CPC test reports, etc.
The light industrial products involved mainly include: multi-layer beds, mattresses, bicycles, bicycle helmets, lighters, swimming pool ladders, mattresses, children’s products (including toys, Clothing and child care products), etc.
1. What is the US CPSC?
CPSC is the U.S. Consumer Product Safety Commission, a consumer rights protection agency, and is the abbreviation of U.S. Consumer Product Safety Commission. Its responsibility is to protect the interests of consumers, formulate mandatory standards or bans for consumer products that have no standards to follow, and conduct inspections of potentially dangerous products.
2. Main responsibilities of the US CPSC
1. In the United States Establish a unified mandatory national standard;
2. Further standardize the lead content requirements in children’s products;
“>3. Add traceability labels on toys;
4. Convert the voluntary standard ASTMF963 into a mandatory standard;
5. Mandatory third-party testing of certain children’s products;
6. 8 types of toys and child care products Phthalates are regulated.
3. What is CPC certification?
CPC, Children’s Product Certificate (Children’s Product Certificate), manufacturer of children’s products (consumer products mainly designed for children 12 years old and under) and Importers must issue a CPC certificate in writing based on the children’s product test results from a CPSC-accredited laboratory to prove that their children’s products comply with the corresponding children’s product safety regulations. The CPC certificate and supporting test reports must be in English.
4. Who must issue the CPC certification?
The manufacturer or importer of children’s products always has the legal responsibility to issue a CPC certificate. Manufacturers or importers can draft CPC certificates on their own based on the qualified test results of third-party testing agencies, and third-party testing agencies can assist them in drafting.
5. What the CPC certificate must contain
Product information
All CPSC children’s product regulations and provisions applicable to the product
U.S. importer or U.S. domestic manufacturer Information: Includes name, address, and phone number
Contact information for the individual maintaining records of test results
Product Production date and address
Product testing time and address
Third-party testing agency information (CPSC accredited Laboratory): name, address, contact number
6. CPSC import frequently asked questions about product detention
Q: Why does the CPSC issue a detention notice?
A: The detention notice issued by the CPSC will eliminate the U.S. Customs and Border Protection (CBP) as an information channel in the acceptance process and allow imports Traders and/or their brokers communicate and collaborate directly with the CPSC.
Q: What information will be included in the Withholding Notice?
A: All information related to the detention will be included in the notification, including the reason for the detention and the contact of the CPSC investigator responsible for handling the detention. information.
Q: Who will receive a detention notice?
A: A detention notice will be sent to the importer of record and the customs broker processing the transaction. CBP will receive a copy of all detention notices.
Q: Will CPSC keep the detained products?
A: No.
Q: As an importer of a detained product or a broker conducting a transaction, can I provide evidence to support the acceptability of the product?
A: CPSC encourages importers and/or brokers to submit any reasonable test results or other evidence to support the acceptability of detained products . The withholding notice allows the recipient 5 working days to respond. In certain circumstances, reasonable extensions of time are allowed for the production of necessary evidence. The CPSC expects rapid responses from importers and/or brokers to expedite resolution of the detention.
Q: If CPSCIf the goods are detained, will the remaining goods excluding the detained goods be released?
A: CPSC only detains the products described in the “Detention Notice”. Importers and/or their brokers should contact CBP if they wish to obtain release of product remaining in a shipment.
Q: How long will the detention last?
A: The U.S. Consumer Product Safety Commission (CPSC) will attempt to make a decision on the admissibility of the product within 30 days of detention.
Q: Will CPSC allow conditional release of goods in lieu of withholding?
A: Yes. In some cases, CPSC will allow inspected merchandise to be moved to the importer’s location or another location agreed upon by CPSC and CBP until the results of the inspection are available. Any such release is a conditional release and must occur under CBP supervision.
Q: If my product is subject to conditional release, how long will the conditional release period last?
A: CPSC will notify the importer of the length of the conditional release period based on specific circumstances, but the usual time limit is 30 days. However, consideration will also be given to product type and inspection complexity.
Q: Can I export or destroy merchandise before the CPSC makes an admissibility decision?
A: CPSC may allow this depending on specific circumstances. If you choose this outcome, please contact a CPSC investigator for more information.
Q: Can I request a hearing under the Administrative Procedure Law?
A: If you choose this option, there will be a considerable delay in the detention, and the goods will continue to be borne by you at your risk and expense.
Q: Will CPSC detention be subject to protest?
A: No. The CPSC’s decision to withhold was not made in accordance with 19 U.S.C. § 1499, and therefore no protest may be made.
Q: If a shipment is detained separately by CBP and CPSC at the same time, will the importer receive notification from these two agencies?
A: Yes. CPSC and CBP will send separate detention notices. However, the issue of CBP detention must be resolved first. If CBP detains the product under its authority, the CPSC’s detention will end. If CBP finds no violations and releases the product from the hold, the product will not be released to the importer until the CPSC hold is resolved.
Q: How does CPSC hope to communicate the detention notice?
A: If an email is provided in the entry document, email is preferred.
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