CPSC Sets July 2026 and January 2027 for Phased Effective Dates of New eFiling Rule

The final rule is effective on July 8, 2026, for all CPSC-regulated consumer products that must be certified and are subject to the final rule. For products and substances imported into a foreign-trade zone and subsequently entered for consumption or warehousing, the final rule is effective on Jan. 8, 2027.

CPSC had voted in favor of the eFiling final rule in December (see 2412200065).

"The purpose of eFiling is to allow CPSC to use data from a certificate to assess the health and safety risk of consumer products when they are being imported into the United States, and to better focus CPSC’s resources for examinations and holds at the ports on products that are more likely to be non-complaint, while reducing inspection delays for compliant products," CPSC said. This would be unlike current procedures, wherein CPSC collects certificates only after staff identifies a shipment for examination.

CPSC was charged under the Consumer Product Safety Improvement Act of 2008 to develop a risk assessment methodology (RAM) to identify imported products with a higher probability of being in violation of section 17(a) of the Consumer Product Safety Act.

The agency's RAM will process data from sources such as entry data and certificate data, and it will use algorithms to increase or decrease RAM risk scores for each product shipment. Risk scores assist port staff in their assessment of incoming shipments and in interdicting non-compliant consumer products, CPSC said. "Using certificate data for more precise targeting will maximize examination efficiency for stakeholders and staff; help CPSC to keep hazardous, violative products out of consumer’s hands; and reduce burden on industry by reducing inspection delays for compliant products," CPSC said.

In developing the final rule, CPSC noted that some of the goods imported by small importers also may be subject to de minimis. These importers must file a Type 86 entry for de minimis shipments to submit CPSC's PGA Message Set.

"Staff estimate that a significant number of small importers would need to file type 86 entry for de minimis shipments containing a product subject to a CPSC rule, ban, standard, or regulation. These small businesses ship thousands of units of products through de minimis entries," CPSC said. "Staff considered current entry type 86 shipments in HTS codes that could fall within CPSC’s jurisdiction, although CPSC has no way to determine whether these shipments contain consumer products or whether such products are regulated by CPSC."

CPSC said that some firms may choose to cease using entry type 86 if this importation route becomes more costly, and they may choose to bundle shipments using another entry type, such as an 01 entry for consumption or warehousing.

CPSC also defined who is an importer according to the regulation so that a consumer wouldn't be defined as an importer under the rule: "CPSC will not typically consider a consumer purchasing or receiving products for personal use or enjoyment to be the importer responsible for certification."

Rather, in situations where the finished products are imported by mail, the importer is defined as the "party eligible to make entry for the finished products pursuant to CBP statutes and regulations, who may be an owner, purchaser, consignee, or authorized customs broker," CPSC said.

CPSC and CBP worked together on the final rule, which "aligns CPSC's current certificates rule with other CPSC rules on testing and certification, and implements the electronic filing of certificates with CBP" for those imported products subject to CPSC regulations, according to CPSC.

The final rule marks the culmination of efforts to advance the implementation of an eFiling requirement, as well as a broader effort by government agencies to transition away from paper-based procedures and take advantage of digital advancements that allow for more streamlined processes, CPSC said.

Since 2013, CPSC has undertaken a number of projects toward eFiling, including conducting an eFiling Alpha Pilot, a Certificate Study and an eFiling Beta Pilot, in addition to approving a multiyear plan to implement an eFiling program in December 2020, CPSC said. During this same time frame, CBP has completed the development and implementation of ACE, and it has developed the partner government agency (PGA) message set.