Only a few days left to comment – Proposed Rule On Certificates Of Compliance (16 C.F.R. 1110)

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With the deadline for comments regarding the Proposed Rule On Certificates Of Compliance only 4 days away, you would think there would be more items posted on the website to date but surprisingly there have only been a few.

Three points of contention posted so far with the proposed rule changes to 16 CFR 1110 (Certificates of Compliance)

  1. The requirement to list on the certificate the place “including street address” where the product(s) were manufactured, produced or assembled. Commenters have objected based on the fact that by providing this information the identification of suppliers would be made public and open to competitors or even large customers to by-pass and go directly to these suppliers.
  2. The requirement that “a certifier shall list all applicable testing exclusions and include on the certificate the basis for the statutory or regulatory testing exclusion to such regulation.” Commenters have objected based on the burden to administer these exclusions on the certificate.  For example even though the CPSC has given guidance on the testing of certain components of a product from lead testing due to the material (unadulterated  wood, gold, silver, bone, textiles, etc.) of the component it would require that these exemptions be listed on the certificate.  Most test reports currently list exemptions from testing that apply to the product being tested; they are not currently being listed on the product certificates.  It is unclear at this point how extensive these “exemptions” must be.  For example, if you have a product evaluated for Toy Safety using the current ASTM F963 standard, there would be portions of the standard that would not apply to that product.  If it were not battery powered, the sections that apply to battery powered toys would not apply to the product and therefore it would be exempt by exclusion.  Would there be a need to include these types of exemptions?
  3. The requirement for certificates of imported products to be filed electronically with Customs and Border Patrol (CBP) at the time of entry or entry summary.Commenters have objected based on the previous definition of electronic certificates under section 1110.9 which allows for the use of a unique identifier (URL) when referencing the certificate, as opposed to the certificate itself.  The feeling is that by requiring the filing of the certificate with CBP rather than providing a reference for it through a unique identifier (URL) would again cause additional administrative burdens.

 

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