Eurofins Toys & Hardlines 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) aimed at amending the Commission's rule concerning Certificates of Compliance – 16 CFR 1110.

This SNPR introduces a proposal for the electronic filing (eFiling) of the certificates with the U.S. Customs and Border Protection (CBP) for imported products subject to relevant CPSC rules, regulations, bans, or standards.

The CPSC has designed an eFiling System that offers importers two data entry methods:

• The Full Message Set
  Importers can input all certificate data directly through the CBP’s Automated Commercial Environment (ACE) system.
  
  
• The Reference Message Set via the Product Registry
  Importers initially enter their certificate data into the CPSC Product Registry. Subsequently, they submit a unique ID through the ACE system.
  

  The benefits of the Product Registry are it not only allows importers to manage and review their certificates but also permits them to provide different levels of access to third parties, such as brokers or testing labs.

The following are key revisions to the rule:

Certificate Content

The proposed rule maintains the seven essential statutory data elements mandated by the existing 16 CFR 1110 rule and introduces an additional requirement – attestation. Furthermore, the SNPR includes detailed information regarding the necessary data elements.

The proposed rule will mandate 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 party certifying the finished product is required to eFile the necessary General Certificate of Conformity (GCC) or Children's Product Certificate (CPC) data elements through the ACE system when filing the CBP entry or filing both the entry and entry summary together for all imported products, including de minimis shipments.

For finished products imported via mail shipment, the certifier must input the required GCC or CPC data elements into the CPSC's Product Registry before the product or substance arrives in the United States.

How can the Eurofins Toys & Hardlines network of laboratories help?

The Eurofins Toys & Hardlines network of testing laboratories has extensive experience supporting the consumer products industry in meeting compliance requirements.

Our specialists have developed tailored solutions to ease the shift 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.