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Changes to Certificates of Compliance with Product Safety Rules to be Delayed

Monday, May 12, 2014
Sandler, Travis & Rosenberg Trade Report

According to press reports, the Consumer Product Safety Commission has voted to delay significant changes to its regulations on the certificates of compliance required to be submitted for imported and domestically-made consumer products. The CPSC had been working to issue a final rule by the end of September but in light of issues raised by commenters and requests from stakeholders has decided to solicit further input. A Federal Register notice reopening the comment period on the proposed rule is expected to be published shortly, and the Commission is also planning to hold a public workshop sometime this summer.

The workshop was requested by dozens of business associations in a March 17 letter to the CPSC expressing concern that the proposed requirement for product compliance certificates to be filed at entry “is a significant change to current supply chain operations and will have a major adverse impact on businesses’ operations.” The letter said such a forum should include discussion of the following issues to help the Commission “fully understand how the current entry process works and how this change would not only impact the industry, but Customs and Border Protection (CBP) and the CPSC as well.”

- current certification of conformity procedures and data processing

- current and future development of the Automated Commercial Environment, how to incorporate conformity certificate data into ACE and the timetable for effective implementation

- development of a clear list of what commodities require a conformance certificate

- current risk assessment methodology and efforts to improve targeting

- the impact of the proposed changes on companies, including business confidentiality considerations

- the role of third-party logistics providers, including customs brokers, freight forwarders and transportation providers

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