CPSC Plans to Issue Its Own Import Detention Notices, Etc.
During the annual conference of the National Association of Customs Brokers and Forwarders Association of America on April 12-14, 2010, Consumer Product Safety Commission officials briefed the trade on various issues, including the agency’s plans to start issuing its own import detention notices, better match its product codes to the Harmonized Tariff Schedule, etc.
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CPSC’s Target Date for Issuing Import Detention Notices is May 2010
Starting in May 2010, CPSC hopes to begin issuing its own detention notices directly to importers and brokers. More specifically, CPSC plans to finalize the details of these notices in a meeting with U.S. Customs and Border Protection officials in early May and start issuing its own notices by mid-May.
Expected to be in lieu of CBP detention notices. In cases where a shipment is only being detained for CPSC purposes, CPSC sources state that a CPSC detention notice may often be issued in lieu of a CBP detention notice.
More info, including potential violation. According to the officials, CPSC’s detention notices will have more information than the current detention notices on CPSC issues provided by CBP, as they will state the potential violation(s) for which the product is being detained and include CPSC contact information. (According to the official, CBP detention notices on CPSC issues just state that the product is being detained for CPSC purposes.)
CPSC may allow goods to be picked up by importer pending sample results. CPSC is exploring the possibility of taking samples of detained merchandise and releasing the rest of the shipment to go to the importer while the testing takes place. However, the importer would have to ensure that none of the merchandise is introduced into U.S. commerce until approval to do so is received.
Working to Better Match Product Codes to HTS
Since CPSC has product codes1 that do not correspond to HTS numbers, the agency is working to improve this situation. For example, with all-terrain vehicles, the HTS number covers other products, but the agency only needs to only target ATVs.
Number of Collected Import Samples Has Nearly Doubled Since 2008
CPSC is trying to be more proactive in catching violating goods at the ports. Since 2008, the number of import samples collected has nearly doubled. CPSC is also creating a new lab in Maryland to conduct analysis of those samples.
Focus at Ports Is Now on Lead, More Testing of Phthalates Expected
CPSC’s main focus right now is on lead content and lead paint. They are using x-ray fluorescence (XRF) technology at the ports to screen for high lead levels and sending suspect products to its lab for further testing. CPSC would like to make more “on the spot” decisions in the field at the future, but this may depend on resolving certain flaws with XRF technology.
The officials added that increased testing of phthalates is coming soon.
CPSC Generally Honors CPSIA Certifications, But Does Some Spot-Checks
The official stated that CPSC generally honors manufacturer/importer certificates which, as required by the CPSIA, certify that a children’s product has been tested by a CPSC-recognized third-party lab and meets all applicable CPSC bans, rules, etc., however, they do conduct some spot checking. According to the officials, CPSC moves the shipment about 95% of the time.
ACS Not Programmed for CPSIA Certificates
According to the officials, the Automated Commercial System is not currently programmed in any way for CPSIA certificates. Officials also noted that there is no standardized format for certifications. Though certain information must be included on the certificate, CPSC officials state they mostly look for the name of the accredited lab and the test results.
(In a November 2008 final rule, CPSC laid out certain certification requirements including that manufacturers/importers could identify electronic certificates by a unique identifier that could be accessed by CPSC via the Internet. See ITT’s Online Archives or 11/18/08 news, (Ref: 08111805), for BP summary of the final rule.)
1CPSC product codes are organized by National Electronic Injury Surveillance System (NEISS) number. CPSC’s 2010 NEISS Product Code Comparability Table lists in numerical order all product codes ever used at CPSC.It also specifies any changes made to the product code including the dates of the changes. (CPSC 2010 NEISS Product Code Comparability Table (dated January 2010) available at http://www.cpsc.gov/neiss/comptable.pdf)