Electronic Filing of Compliance Certificate Data to be Tested This Fall

The Consumer Product Safety Commission is now planning to launch this fall a second test of the electronic filing of data from certificates of compliance for regulated consumer products under the CPSC’s jurisdiction. The CPSC states that importers who participate in this test and provide accurate information could see shorter review periods, will have lower risk scores, and will be subject to fewer holds on their shipments at U.S. ports.

The beta test will follow an alpha test conducted in 2016 that examined the trade community’s ability to use a product registry and submit certificate data through the Automated Broker Interface, U.S. Customs and Border Protection’s ability to collect and transfer PGA message set data to the CPSC, and the CPSC’s ability to receive that data into its risk assessment methodology tool. The CPSC has said that the alpha test successfully demonstrated the ability of eight importers, their customs brokers, CBP, and the CPSC to work together to gather and electronically file data at import.

The beta test will build on the alpha test by (1) developing and testing the information technology infrastructure necessary to support a full-scale e-filing requirement, (2) advancing the concept of a single window to facilitate electronic collection, processing, sharing, and review of trade data and documents required by the CPSC during the cargo import process, and (3) assessing CPSC and importer capabilities for electronically filing certificate data elements via the PGA message set and incorporating those data elements into the risk assessment methodology tool to risk score and interdict noncompliant products.

Compared to the alpha test, the beta test will include more participants (up to 50), add two data elements, and involve products classified under about 300 HTSUS numbers.

The CPSC intends to train participants this summer and launch the test this fall. The findings of the test, which the CPSC plans to conduct for at least six months, will be used to inform a final rule anticipated by the end of 2024 that will permanently require the e-filing of certificate data.