eFiling Final Rule for Certificates of Compliance


Trade Update • Jan 13, 2025

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he U.S. Consumer Product Safety Commission (CPSC) has finalized a rule mandating the electronic filing (eFiling) of Certificate information for regulated, imported consumer products. Published in the Federal Register on January 8, 2025, the rule sets forth new compliance requirements aimed at improving product inspections, targeting high-risk imports, and expediting clearance for compliant products.

Key Deadlines for Compliance

To allow for industry preparedness, CPSC has extended the mandatory compliance deadlines:

  • General Import Entries: eFiling will become mandatory by July 8, 2026 (18 months from publication).
  • Foreign Trade Zone (FTZ) Entries: The deadline for FTZ entries is January 8, 2027.
Voluntary Participation Phase

The CPSC encourages importers and customs brokers to voluntarily participate in the eFiling program before the mandatory deadlines. This transitional phase aims to familiarize participants with the system and provide time to adjust operational processes.

Filing Options Under the New System

Importers will have two eFiling options to comply with the new requirements:

1] CPSC Product Registry Filing

  • Certificate data can be stored in the CPSC-Product Registry.
  • A Reference Number is submitted in the Automated Commercial Environment (ACE) system during entry in place of providing all data elements.

2] Direct Data Element Submission

  • Importers may choose to submit all Certificate data elements directly in ACE for every product entry.
  • Both methods aim to streamline compliance processes and improve oversight.
Industry Preparation and Encouragement

The National Customs Brokers and Forwarders Association of America (NCBFAA) has urged customs brokers to actively engage their importer clients to ensure readiness. While the CPSC-Product Registry is expected to simplify the process over time, significant effort will be required for preparation, including:

  • Updating internal systems and processes.
  • Training teams on the new requirements.
  • Ensuring accurate and timely submissions.
Additional Clarifications in the Final Rule

The CPSC has also introduced significant updates and clarifications through this rule:

  • Updated Definition of “Importer”: The rule modifies the definition to ensure the party eligible to make entry for imported consumer products is legally responsible for meeting CPSC certificate requirements.
  • Elimination of Disclaimer Requirements: Importers will not need to file a disclaimer message set with U.S. Customs and Border Protection for products that do not require a certificate.
  • Applicability to Finished Products Only: The certification requirement applies only to finished products, not component parts.
  • Legal Responsibility for Certification: The rule clarifies the party legally responsible for the information on a finished product certificate.
  • Private Labeler Certification: Private labelers must certify domestic products unless the manufacturer provides certification.
  • Alignment with Existing Rules: The rule aligns the CPSC’s existing certification framework with other agency rules on testing and certification.
Benefits of the eFiling Rule

CPSC’s rule integrates lessons learned from pilot testing and includes provisions for:

  • Improved Safety and Efficiency: Requiring eFiling of key data, such as product identification and testing details, enhances safety oversight while reducing delays for compliant products.
  • Private Labeler Certifications: Aligning certificate rules with existing standards ensures clarity for manufacturers and private labelers.
  • Modernized Inspections: Digital submissions reduce reliance on physical documentation, streamlining inspections.

By embracing eFiling early, importers and brokers can ensure a seamless transition to this modernized compliance framework, setting the stage for safer, more efficient trade operations.

For comprehensive information about the rule and its implementation access the Federal Register final rule here.

Questions or concerns about how to file under the new system? Contact us today! gts@ghy.com, or call +1 (800) 667-0771.

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