CPSC Could Propose New Conformity Certificate Requirements Soon
NEW YORK -- The Consumer Product Safety Commission will soon vote on whether to propose a rule that would overhaul product certification and testing requirements, said Commissioner Nancy Nord at the annual meeting of the U.S. Association of Importers of Textiles and Apparel Jan. 9. The rule would require electronic filing of CPSC compliance certificates along with other entry documents, and add new required data elements, she said. It would also require the manufacturer or labeler to file the compliance certificate if the product is directly received by a consumer.
Sign up for a free preview to unlock the rest of this article
If your job depends on informed compliance, you need International Trade Today. Delivered every business day and available any time online, only International Trade Today helps you stay current on the increasingly complex international trade regulatory environment.
The compliance certification requirement originally took effect in 2008, after passage of the Consumer Product Safety Improvement Act (CPSIA). Nord said intervening regulations, including several rules on product testing, prompted CPSC’s reexamination of certification requirements.
Electronic Filing of Compliance Certifications
While the 2008 regulation is “basically agnostic as to what form [certifications] look like,” the draft changes would require electronic certification to be filed along with CBP entry documents, said Nord. While CPSIA says certificates have to accompany product, CPSC’s view is that an electronic certificate would suffice, she said. The important thing is the ability of CPSC and the retailer to retrieve the certificate, if they need it, Nord said.
Manuf. Filing of Certs When Direct-to-Consumer
Another change in the draft is the requirement that the manufacturer or private labeler of a product submit the certification if that product is directly destined for a U.S. consumer. Nord expressed skepticism about the enforceability of this provision. “I am a little concerned that perhaps in our regulatory mode -- regulators don’t like vacuums in regulations -- it seems we may be trying to plug a vacuum with a requirement that may not be terribly practical,” she said.
New Certification Data Elements
Finally, the proposed rule would increase the number of information elements required on the compliance certifications, Nord said. CPSC’s draft proposed rule would require:
- Email address for the issuer of the certificate and the tester
- Place of manufacture and testing
- Date of initial certification
- Identification of scope of products to which the certificate applies (i.e., start date, end date, lot number)
Additional information would be permitted, though not required, as well. A Universal Product Code (UPC) or global trade item number would be accepted on the certification, and would help with product identification, said Nord. And there is even the possibility that the certification could be integrated into the UPC, she said.—Brian Feito