The U.S. Consumer Product Safety Commission

Report
Deborah Bonardi
Import Surveillance Division
U.S. Consumer Product Safety Commission
This presentation has not been reviewed or approved by the Commission
and may not reflect its views
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Background
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Independent federal agency established in 1973
5 Commissioners
Approximately 550 staff
Office of Compliance and Field Operations
Division of Import Surveillance (Feb 2008)
 Compliance Officers (Subject Matter Experts)
 Field Investigators
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Jurisdictional Authority
Consumer Product Safety Improvement Act
(CPSIA)
 Consumer Product Safety Act (CPSA)
 Federal Hazardous Substances Act (FHSA)
 Flammable Fabrics Act (FFA)
 Poison Prevention Packaging Act (PPPA)
 Refrigerator Safety Act
 Virginia Graeme Baker Pool and Spa Safety Act
 Children’s Gasoline Burn Prevention Act
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Import Updates
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Detention
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CPSC began detaining shipments under its
authority on June 14, 2010.
CBP remains the custodian of the merchandise.
Recipient has five business days to provide
information that may help resolve the detention.
Timeframe
Effort to match existing CBP detention time frame.
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Conditional Release
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CPSC may allow conditional release of
merchandise under bond, pending results of
examination and testing.
Merchandise may not be distributed while under
Conditional Release.
Redelivery of Merchandise is possible if the
product is found to be violative.
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Resolution of a Detention
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Release
Reconditioning
Voluntary Exportation/Destruction
Seizure by CBP
Refusal of Admission
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Refusal of Admission
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Products refused admission must be destroyed
unless the Secretary of Treasury permits export.
All expenses of destruction (including salaries,
travel, per diem) shall be paid by the owner or
consignee.
If expenses of destruction are not paid, they
become a lien against future imports by the
same owner or consignee.
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Request for a Hearing
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CPSA Violations Only
Importer/owner/consignee can seek a full
hearing under the Administrative Procedures
Act.
Product will remain under government custody
at importer’s expense during the pendency of
the hearing.
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Harmonized Tariff Schedules
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Working through the International Trade
Commission, CPSC has made changes to the
Harmonized Tariff Schedule (HTS) codes to
match up more closely with our regulated
products.
Finer HTS codes will allow CPSC and CBP to
pinpoint shipments for inspection at the ports.
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CTAC
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Commercial Targeting Analysis Center
Operated from CBP HQ in Washington DC
Staffed by CBP, CPSC, and other agencies
responsible for import safety
Access to manifest and entry data that assists in
targeting
National operations coordinated through CTAC
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What’s New at CPSC
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New Laboratory
Scheduled to be completed in spring 2011
Modern, purpose-built facility
Local storage of active samples
New Public Database
Launch scheduled for March 2011
Incident reports available to the public
Businesses have opportunity to respond to incidents
involving their products
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CPSIA Highlights
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Lead Limits
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300 ppm limit for lead content
90 ppm limit for lead paint
Retroactive
XRF technology used to screen lead at the ports
Highly accurate in screening homogenous plastic
materials
Demonstration of XRF by Luz and Karla
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Certification
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See 16 C.F.R. Part 1110 for details regarding
certification.
Imported products – Certification is the
responsibility of the importer.
Domestically manufactured products –
Certification is the responsibility of the domestic
manufacturer.
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What Must be Certified?
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Any product that is subject to a consumer
product safety rule or similar rule, ban, standard,
or regulation and which is “imported for
consumption or warehousing” or “distributed
in commerce.”
Stays of Enforcement are in effect. See
www.cpsc.gov for a complete list.
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Content of Certificates
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Certificates must
identify the product, manufacturer (importer) issuing
the certificate, and any third party on whose testing
the certificate depends, by name, address, and phone
number
 Must spell out the date and place where the product
was manufactured and date and place of testing
 Must show contact information for person
maintaining test records
 Must specify each applicable standard, ban, etc.
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Availability of Certificates
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Certificates must “accompany” each product or
shipment of products covered by the same
certificate.
A copy of the certificate must be “furnished to
each distributor or retailer of the product” (no
requirement to provide to ultimate consumer)
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Not necessarily a paper copy.
A copy of the certificate must be made available
to the Commission and Customs upon request.
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Third-Party Testing
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The requirement for third-party testing applies
to every children’s product that is subject to a
“children’s product safety rule.”
For children’s products, certification will have to
be based on testing by an independent, thirdparty laboratory that is accredited under rules
issued by the Commission.
The Commission must promulgate rules over
time to give greater specificity to the
requirements for third-party testing.
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Tracking Labels
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Required on all children’s products
Requires a label or permanent mark on product
– “to the extent practicable”
Mark must enable the consumer to ascertain:
Manufacturer or private labeler
Date and place of production
Cohort/Batch information
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Product Registration Cards
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For durable infant and toddler products
Effective Date: 6/28/2010
Applied to 12 products initially:
Cribs
Toddler Beds
High Chairs/Booster Chairs
Bath Seats
Gates & Other Enclosures
Play Yards
Stationary Activity Centers
Infant Carriers
Strollers
Walkers
Swings
Basinets & Cradles
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Product Registration Cards
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6 Additional products added on 12/29/2010
Children’s Folding Chairs
Changing Tables
Infant Bouncers
Infant Bathtubs
Portable Toddler Bed Rails
Infant Slings
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Generic Defect Rules
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Section 223(a) of CPSIA
Also known as 15(j) rules
Allows Commission, by rule, to define the
presence or absence of certain characteristics as
a defect for a class of products
First two rules: Drawstrings on children’s upper
outerwear and lack of a GFCI on hairdryers
Will allow for quick action at import
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Penalties
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Not to exceed $100,000 per violation with a
maximum of $15 million for any related series of
violations
Considerations
Nature, circumstances, extent, and gravity of the
situation.
 Appropriateness of penalty in relation to size of
business
 Other factors as appropriate
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Questions?
Getting the most up-to-date information: GO TO
www.cpsc.gov.
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