CPSC Approves Final Rule to Implement eFiling for Certificates of Compliance

New Rule Aims to Better Target Risky Shipments and Protect Consumers

WASHINGTON, Dec. 18, 2024 /PRNewswire/ -- The U.S. Consumer Product Safety Commission (CPSC) has approved a Final Rule to implement electronic filing (eFiling) of Certificate information for regulated, imported consumer products and to revise requirements for Certificates of Compliance. The Commission vote was 3-0-2, with all five Commissioners voting to approve the rule; and a majority voting to approve the rule with an amendment extending the general implementation date from 12 months to 18 months.

Under the new rule, requirements impacting most imported consumer products and those produced domestically will take effect 18 months from publication in the Federal Register. A 24-month effective date will apply to consumer products imported into a Foreign Trade Zone¹ (FTZ) and subsequently entered for consumption or warehousing.

CPSC's new eFiling program will apply to all imported consumer products subject to a mandatory safety standard, as set forth in the rule, including de minimis² shipments. The program will require importers of regulated products that require certification³ to electronically file data elements at the time of filing an entry including:

• identification of the finished product;
• party certifying compliance;
• each consumer product safety rule to which the finished product has been certified;
• date and place the finished product was manufactured;
• when and where the finished product was most recently tested for compliance; and
• contact information for the person maintaining test records.

By using this information, CPSC will drive greater efficiencies in product inspections and more effectively target high-risk products being imported into the United States. eFiling will also reduce inspection frequency and hold times for compliant product importers – rewarding firms with a record of compliance and enabling their imports to move more quickly.

"The bipartisan passage of the eFiling rule is one of the most consequential steps CPSC will take to modernize our screening process at ports of entry," said CPSC Chair Alex Hoehn-Saric. "Ensuring that imported products are safe for Americans, especially our kids, is a priority for the agency. eFiling will strengthen CPSC's ability to target unsafe products and prevent them from coming into the country and into consumers' homes."

The eFiling program was informed by industry testing and feedback through alpha and beta pilots conducted between 2016 and 2024. In addition, CPSC is inviting up to 2,000 additional importers to sign up for the eFiling voluntary stage to develop and test their systems before eFiling becomes mandatory.

Among its provisions, the new rule will require private labelers to certify domestic products, unless the manufacturer certifies the product; and align the agency's existing certificate rule with other CPSC rules on testing and certification.  

CPSC Resources and Business Education Efforts
CPSC has a robust program of engagement to educate industry on the eFiling process.  CPSC also hosts a Document Library, including guidance and training materials, FAQs, and recordings from past meetings to enable importers and their trade partners to familiarize themselves with eFiling.  Additionally, CPSC staff engages with industry through various conferences and events and will post a schedule of regular office hours where businesses can pose questions directly to expert staff. 

Editor's Resources:
^1/ Foreign Trade Zones (FTZ) are secure areas under U.S. Customs and Border Protection (CBP) supervision that are generally considered outside CBP territory upon activation. Located in or near CBP ports of entry, they are the United States' version of what are known internationally as free-trade zones.
^2/ A de minimis shipment is a shipment below $800 that meets the requirements for the administrative exemption under the Tariff Act (19 U.S.C. 1321). De minimis shipments are limited to an aggregate value less than $800 per day by a single importer.
^3/ General Certificate of Conformity | CPSC.gov and Children's Product Certificate | CPSC.gov

• Visit CPSC's eFiling – CPSC's Modern Approach for Filing Certificate Data | CPSC.gov
• Browse the eFiling Document Library
• View the CPSC Briefing on Final Rules to Revise 16 C.F.R. Certificates of Compliance and to Implement eFiling

Commissioner Statements:
Chairman Alexander Hoehn-Saric
Joint Statement of Commissioner Peter A. Feldman and Commissioner Douglas Dziak
Commissioner Richard Trumka
Commissioner Mary T. Boyle

About the U.S. CPSC 
The U.S. Consumer Product Safety Commission (CPSC) is charged with protecting the public from unreasonable risk of injury or death associated with the use of thousands of types of consumer products. Deaths, injuries, and property damage from consumer product-related incidents cost the nation more than $1 trillion annually. CPSC's work to ensure the safety of consumer products has contributed to a decline in the rate of injuries associated with consumer products over the past 50 years.

Federal law prohibits any person from selling products subject to a Commission ordered recall or a voluntary recall undertaken in consultation with the CPSC.

For lifesaving information:

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• Report a dangerous product or a product-related injury on www.SaferProducts.gov.
• Call CPSC's Hotline at 800-638-2772 (TTY 301-595-7054).
• Contact a media specialist.

Release Number: 24-068

SOURCE U.S. Consumer Product Safety Commission