New U.S. Import Documentation Requirements for CPSC
The Consumer Product Safety Improvement Act of 2008 (Public Law 110-314) was signed into law on August 14, 2008. The act reauthorizes the Consumer Product Safety Commission (CPSC) for fiscal years 2010 – 2014 and expands CPSC’s role in making sure consumer products are safe, especially those designed for children.
Because the Consumer Product Safety Improvement Act of 2008 expands the general conformity certification requirements under 15 USC 2063(a), manufacturers, importers and private labelers will be required to certify in writing that products being imported into the U.S. for warehousing and/or consumption conform with the rules, bans, regulations or standards administered or enforced by the CPSC. This new certification requirement will go into effect on November 12, 2008. A list of the products subject to this requirement is located on the CPSC’s Web site.
The highlights of the requirements for the new certificates of conformity are as follows:
- A general conformity certificate (also called a consumer products certificate or supplier’s declaration of conformity) based on self-testing must accompany the product or shipment of products, and the certification must be based on a test of each product or a reasonable testing program. The certificate must be in English, although it may be in another language as well. It must include information on the identity of the manufacturer or private labeler of the product and the date and place of manufacturing and testing the product. This rule will begin with products manufactured after November 12.
NOTE: The testing requirements are different for all consumer products primarily intended for children twelve years of age or younger. These products must be tested by an accredited independent testing lab, and the manufacturer (including an importer) or private labeler of a children’s product must issue a certificate that the product meets all applicable CPSC requirements. Information on the identity of the testing laboratory must be included on the certificate. This requirement will be effective by the end of 2008.
- The foreign manufacturer and the importer must each issue a separate certificate, as well as a private labeler, if applicable. One certificate can be used by all three parties if they knowingly cooperate to issue it.
- Much detail is required on the certificate, including the following: (1) It must have the full contact information of the manufacturer, the importer, and the person maintaining the test result records upon which the certification is based; (2) it must specify, by name, each rule, standard, or regulation for which the product was tested and is being certified (blanket statements are not acceptable); and (3) it must indicate the place and date of the product’s manufacture.
- Every certificate must accompany the applicable product or shipment of products covered by the same certificate, and copy of the certificate must be furnished to each distributor or retailer of the product.
For more information please visit:
The White House press release announcing the signing of Public Law 100-314
The CPSC Web site