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Practice Areas

ACE Test for CPSC to Focus on Limited Targeting and Enforcement Data

Friday, August 21, 2015
Sandler, Travis & Rosenberg Trade Report

The Consumer Product Safety Commission has announced its intent to pilot test the electronic filing to the Automated Commercial Environment via the partner government agency message set of certain information for regulated finished consumer products and three products included on the substantial product hazard list (hand-supported hair dryers, extension cords, and seasonal and decorative lighting products). Requests to participate in this “eFiling alpha pilot” are due by Oct. 5 but only nine participants will be selected.

Test Coverage. Although the initial intent of this pilot was to require the electronic filing of certificates of compliance for all regulated imported products, it will instead be limited to the collection of certain targeting and enforcement data using one of two methods: filing the required data elements at the time of entry (PGA message set), or filing only a reference to the data elements stored in a registry (data registry and reference PGA message set). Data will be submitted in one of these two forms as part of an ACE entry or an ACE entry summary if both entry and entry summary are filed together. This data will then be made available to the CPSC for validation, risk assessment and admissibility determinations at entry.

Data Elements. The PGA message set test will evaluate the electronic filing of a minimum of the five data elements listed below for regulated finished products as well as those data elements listed below that are applicable to the three specified products on the substantial product hazard list.

- identification of the finished product

- each consumer product safety rule to which the finished product has been certified under 16 CFR part 1110

- the place where the finished product was manufactured, produced or assembled, including the identity and address of the manufacturing party

- the parties on whose testing a certificate under 16 CFR part 1110 depends (name and contact information of the testing entity)

- a check box indicating that a required certificate currently exists for the finished product

The CPSC is including a data registry concept in this test to determine whether it will alleviate stakeholder concerns that having to repeatedly re-enter large amounts of data or lack of access to required data could slow the import process. Instead of filing complete targeting and enforcement data in ACE with each entry, participants may elect to file information into a data registry created and maintained by the CPSC before filing an entry. Once the data is filed in the registry filers will only need to provide a reference, or identifier, to the data using the PGA message set during the entry process.

Eligibility. A total of nine companies, including small and large firms with an assortment of products under CPSC jurisdiction, are being sought to participate in this test. To be eligible to apply an applicant must (1) import the covered products, (2) file consumption entries and entry summaries in ACE or have a broker who files in ACE, (3) use a software program that has completed ACE certification testing for the PGA message set, (4) be willing to participate in the Trade Support Network, (5) provide feedback on all aspects of the test, including information on costs to build to the requirements and time necessary to file targeting and enforcement data, (6) and have a history of compliance with CPSC requirements.

Benefits. Among the benefits participants can expect during the test are a reduction of product safety tests on imported goods, a conditional release of shipments to the importer’s premises in the event of an examination, front-of-the-line testing from CPSC laboratories if testing is required, and permission to destroy products, if required, in lieu of redelivering them to CBP for destruction.

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