Eurofins Softlines & Leather eFiling Services

On 8 December 2023, the U.S. Consumer Product Safety Commission (CPSC) published in the Federal Register the supplemental notice of proposed rulemaking (SNPR) to revise the Commission's rule regarding the Certificates of Compliance – 16 CFR 1110.

The SNPR introduces a proposal for the electronic filing (eFiling) of the certificates with the U.S. Customs and Border Protection (CBP) for the imported products that have an applicable CPSC rule, regulation, ban or standard.

The CPSC has designed the eFiling System offering the importers two methods for entering the certificate data:

• The Full Message Set
  The importers submit all the certificate data directly through the CBP’s Automated Commercial Environment (ACE) system.
  
  
• The Reference Message Set via the Product Registry
  This method requires importers to enter their certificate data into the CPSC Product Registry first. Afterward, they submit a unique ID through the ACE system.

  The benefits of the Product Registry are that it not only allows the importers to manage and view their certificates, but also enables them to grant varying levels of access to third parties like brokers or testing labs.

The following are key revisions to the rule:

Certificate Content

The proposed rule retains the seven statutory data elements required by the current 16 CFR 1110 rule and includes one additional requirement – attestation. However, the SNPR provides additional detail on the required data elements.

The proposed rule will require the following content for each finished product certificate:

• Identify the finished product(s) covered by the certificate. Certifiers must provide at least one of the following unique identifiers: global trade item number (GTIN), model number, registered number, serial number, stock keeping number (SKU), universal product code (UPC), or alternate identifier, along with a sufficient description to match the finished product to the certificate.
• The list of all applicable CPSC rules, regulations, bans or standards, identified separately, to which the finished product is certified.
  
  
• Identify the party certifying compliance of the finished product(s), including the party's name, street address, city, state or province, country or administrative region, electronic mail (email) address, and telephone number.
  
  
• Identify and provide contact information (consisting, at a minimum, of the individual's name, street address, city, state or province, country or administrative region, email address, and telephone number) for the individual maintaining the records.
  
  
• Provide the date (month and year, at a minimum) and place (including a manufacturer name, street address, city, state or province, country or administrative region, email address, and telephone number) where the finished product(s) were manufactured, produced, or assembled. For manufacturing runs over a series of days, provide the initial date of manufacture (month and year, at a minimum).
  
  
• Provide the most recent date and places (including the name of each third party conformity assessment body or other party on whose testing the certificate depends: name, street address, city, state or province, country or administrative region, email address, and telephone number) where the finished product(s) were tested for compliance with the applicable CPSC rule(s), ban(s), standard(s), or regulation(s).
  
  
• Include the following attestation:
  I hereby certify that the finished product(s) covered by this certificate comply with the rules, bans, standards, and regulations stated herein, and that the information in this certificate is true and accurate to the best of my knowledge, information, and belief. I understand and acknowledge that it is a United States federal crime to knowingly and willfully make any materially false, fictitious, or fraudulent statement, representation, or omission on this certificate.

eFiling

The finished product certifier must eFile the General Certificate of Conformity (GCC) or Children's Product Certificate (CPC) data elements required under this rule in the ACE at the time of filing the CBP entry, or the time of filing the entry and entry summary, if both are filed together for all imported products, including de minimis shipments.

In the case of finished products imported as a mail shipment, the finished product certifier must enter the GCC or CPC data elements required by this rule into the CPSC's Product Registry prior to the product or substance arriving in the United States.

How can the Eurofins Softlines & Leather network of laboratories help?

The Eurofins Softlines & Leather network of testing laboratories has a long history of assisting the consumer products industry in ensuring compliance.

Our experts have designed solutions to facilitate the transition to eFiling, ensuring your products comply and reach the U.S. market efficiently. Contact us to prevent any supply chain disruptions and ensure your products comply with the regulations.