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CPSC Seeks Greater Input on Proposed Amendment to Its Certificate of Compliance Rule

Nathan S. Cardon
Sheila A. Millar
Jean-Cyril Walker
Keller and Heckman LLP - Washington Office

May 26, 2014

Previously published on May 15, 2014

The CPSC said it would reconsider a proposed amendment to its “Certificate of Compliance” rule (Certificate Rule) as part of its regular mid-year adjustment to its operating plan. As part of this reconsideration, the CPSC will re-open the comment period and conduct a public workshop with stakeholders to discuss how to improve the Certificate Rule.

The amendment, initially proposed in May 2013, would have made significant reporting changes, including changing the burden of responsibility for providing certificates of compliance from the manufacturer to the private labeler. In an effort to streamline the import process, the amendment also would have required importers of consumer products to file certificates electronically with the U.S. Customs and Border Protection (CBP) at the time of entry or when filing the entry or entry summary. The amendment also would have required manufacturers, importers, and private labelers to produce certificates demonstrating that their products are not subject to a CPSC ban.

The CPSC originally planned to approve a final rule by September 2014. After receiving criticism from 32 trade associations and 58 public comments regarding the proposed amendment, however, the CPSC notice announces the Commission’s intent to delay finalizing the rule and to seek broader stakeholder input. Among the concerns that triggered the CPSC’s decision to reconsider the amendment were:

  • changing the responsibility for providing certificates to private labelers from domestic manufactures, as previously required;

  • requiring certificates demonstrating that a product does not fall under a CPSC ban;

  • requiring names of foreign manufactures to be listed on certificates;

  • requiring certificates for products subject to exemptions; and

  • prohibiting password protection for certificates posted on the Internet.

The CPSC has not announced the details of the workshop, but it will undoubtedly attract wide participation from manufacturers, importers, shipping interests, and consumer advocacy groups.


The views expressed in this document are solely the views of the author and not Martindale-Hubbell. This document is intended for informational purposes only and is not legal advice or a substitute for consultation with a licensed legal professional in a particular case or circumstance.

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