During the recent CPSC Safety Academy held in Seattle, WA this month, there was a presentation given by Carol Cave, the Assistant Executive Director (AED) of the Office of Import Surveillance and John Blachere, an International Trade Specialist in the Office of Import Surveillance for the CPSC on how the CPSC reviews shipments at ports.
With the expansion of the tariff codes, the CPSC has the ability to target shipments with either high profile product groups, which may have experienced recalls or manufacturers who may have had problem products in the past. Based on this system, there were over 2 million shipments that were eligible for examination and out of these only 1,400 (0.070%) were detained with an average detention time of 13.4 days.
The products detained included; Toys (55%), Fireworks (14%), Clothing (9%), Holiday Light Sets (3%), Other Electrical Products (5%) and All Others (14%). Most of these products entered the United States by Sea (86%) with the other categories being; Rail (2%), Truck (6%) and Air (6%).
Of the 1,400 shipments stopped for examination 77% (1,022) were found to have violations with 61% (622) of those requiring seizure. These shipments were over the period from October 1, 2011 to September 5, 2013.
Of those violations that required seizure, the number one reason was for lead (34%) followed by a mechanical hazard (15%). While all of this was interesting, most of this information has been issued throughout the year in CPSC press releases. What was interesting was that during the QA portion of the presentation a question came up with regard to Children’s Product Certificates. The question was, how did the CPSC observe company’s complying with the requirement of certificates “accompanying each shipment”?
Carol and John both said that certificates were either physically with the products (in the containers themselves), included with the importation documents submitted by brokers or in a unique URL printed on the invoice, PO or other importation document.
They were then asked if they stopped and seized shipments strictly for not having a certificate for which they responded no. However, they did say that beginning in the fiscal year 2014 they will be looking to see if the shipment does have a proper certificate. This means that even if the shipment has passed the examination for chemical or physical hazard, the shipment can still be help up for a documentation (certificate) violation.
https://jacobysolutions.com/wp-content/uploads/2023/08/Jacobysolutions-300x150.jpg00BillJhttps://jacobysolutions.com/wp-content/uploads/2023/08/Jacobysolutions-300x150.jpgBillJ2013-09-25 15:59:552013-09-25 15:59:55Notes from the Recent CPSC Safety Academy 2013
The Fiscal Year (FY) 2013 Operating Budget for the Consumer Product Safety Commission (CPSC) has some items that are likely to make either the biggest or most news in the coming year. They are the CPSC’s compliance, import surveillance and hazard identification activity.
Compliance: Enforcement activities under the rulemaking of the Consumer Product Safety Improvement Act of 2008 (CPSIA) will be stepped up. These compliance efforts will include; data analysis, investigations and assessing the level of compliance with new regulations. The 2013 budget targets compliance and enforcement programs for;
CPSIA-mandated requirements for cribs, toddler beds, play yards, bed rails, strollers, and swings
Federal Hazardous Substances Act regulations for toys, bath seats, rattles, pacifiers and infant pillows
Import Surveillance: With the passage of the CPSIA, the CPSC was directed to create an International Trade Data System/Risk Assessment Methodology (ITDS/RAM) to help identify products entering into the U.S. that have a high probability for violation of consumer product safety rules and regulations. Based on this the CPSC launched a “proof-of-concept” pilot program that uses data collected at the port by U.S. Customs and Border Protection’s (CBP) International Trade Data System, and integrates the data with CPSC surveillance systems to analyze incoming imports. Imports which are identified as “high risk” are targeted based on predetermined rule sets and stopped at the port for inspection. In 2013, this pilot program is expected to expand to 15 major U.S. ports. The CPSC has established four areas for measuring successes with the program;
Improve working effectiveness with CBP to harness existing federal port resources in the interdiction of noncompliant consumer product imports
Protect U.S. intellectual property, consistent with the CPSC’s safety mission
The CPSC is expected to continue its collaboration with the CBP to implement national operations designed to optimize the federal government’s response to product’s that are imported into the U.S. that may put consumers at risk.
Another indication of this collaboration is the rewrite of 16 CFR 1110 which lays out the requirements for manufacturers/importers of record with regard to certificates of conformity (children’s and non-children’s products). Currently there is not a requirement for children’s product importers to file a certificate with the CBP or CPSC prior to the product entering into the U.S. The importer would only have to have the certificate “available upon request” to either the CBP or the CPSC. The proposed change would require the importer to electronically file a children’s product certificate with the CBP prior to the product entering into the U.S. as part of their importation documents.
Hazard Identification: In 2013, the CPSC will prepare draft final rules for the following products;
Bassinets
Bassinet attachments to play yards
Bedside sleepers
Handheld carriers
Soft infant carriers
Strollers
The CPSC will also prepare draft final rules for; rare earth magnet sets, mattresses and toy guns with caps. In addition draft rules will be prepared for infant slings, infant inclined sleep products, revisions to the FHSA definition of “strong sensitizer” and a petition for crib bumpers will be evaluated.
Voluntary Standards: The following voluntary standards are expected to have the most activity in 2013;
Baby monitors
Bassinets/cradles
Bath seats (infant)
Batteries
Bed rails
Bunk beds
Beds (toddler)
Bedside sleepers
Bicycles
Booster seats
High chairs
Youth chairs
Changing tables
Children’s metal jewelry
Full-size cribs
Non-full-size cribs/play yards
Infant bedding/accessories
Infant bouncers
Infant carriers (frame)
Infant carriers (handheld)
Infant carriers (soft)
Infant gates
Infant recline sleep products
Infant slings
Infant swings
Infant tubs
Infant walkers
Inflatable play devices
Phthalates
Playground equipment (for children under 2 years)
Playground equipment (home)
Strollers
Toys
Trampolines
Strategic Goals for Commitment to Prevention include;
Office
Performance Measurement
FY2013 Target
Hazard
Number of Voluntary standards activities supported or monitored by CPSC Staff
69
Hazard
Number of candidates for rulemaking prepared for Commission consideration
30
Compliance
Number of establishment inspections conducted by Field Staff
1,000
Compliance
Percentage of products screened by CPSC Field Staff resulting in violations
Baseline to be determined
Hazard
Number of items/component parts tested for specific standards and regulations
36,000
Import
Number of import examinations
13,000
Import
Sample yield per 100 import entries
26
Import
Establish a robust ITDS/RAM rule set to target intellectual property violations where a health and safety hazard is suspected in consumer product imports
To be determined
Compliance
Total number of products screened by CPSC Staff
Baseline to be determined
Compliance
Number of consumer products screened by CPSC Field Staff through Internet surveillance activities
Baseline to be determined
Additional Items: The Commission has added the following items to the FY 2013 budget which is targeted at reducing the testing burden by manufacturers and/or importers of record for children’s products;
Determinations Regarding Heavy Metals – the Commission would like to undertake the process of determining if there are materials that would qualify for exemption to the heavy metals specification found in section 4.3.5 of ASTM F963-11. The materials cannot be found to contain higher than allowed concentrations of the eight heavy metals.
Determinations Regarding Phthalates – the Commission would like to undertake the process of determining if there are materials that do not, and will not, contain prohibited phthalates, and would therefore be exempt from third party testing
Determination Regarding Adhesives in Manufactured Woods – the Commission would like to undertake the process of determining if there are any adhesives used in manufactured wood that can be determined not to contain lead in amounts above 100 ppm.
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https://jacobysolutions.com/wp-content/uploads/2023/08/Jacobysolutions-300x150.jpg00BillJhttps://jacobysolutions.com/wp-content/uploads/2023/08/Jacobysolutions-300x150.jpgBillJ2013-02-07 14:25:262013-02-07 14:25:26Top CPSC Developments to Watch for in 2013
Assistant Executive Director (AED) of the Office of Import Surveillance and John Blachere, an International Trade Specialist in the Office of Import Surveillance for the CPSC on how the CPSC reviews shipments at ports.