Certificate of Conformity for Export to USA

US Congress enacted the Consumer Product Safety Improvement Act of 2008. Although children’s products were the impetus for the Act, it affects all consumer products.

The Act addresses general conformity certification for all regulated consumer products, expedited rulemaking and enhanced penalties for noncompliance. That means manufacturers, importers, distributors and retailers must now meet higher product safety standards.

Who Should Test?

Beginning Nov. 12, every importer of a regulated consumer product will be required to supply a certificate showing that the product has been tested, and that it complies with the applicable regulations. Children’s products must be tested by certain accredited third-party testing facilities.

A certificate is required, however, only for those consumer products whose manufacture is guided in some way by a rule, ban, standard or regulation under any act enforced by the Consumer Product Safety Commission (CPSC).

Generally, a consumer product is any product produced or distributed for sale to a consumer for use in the home, at school, or for recreation, and governed by the CPSC.

There are more than 15,000 consumer products over which the CPSC has jurisdiction, but only about 280 categories of regulated products. Still, there are a large number of regulated consumer products, ranging from antennas to wearing apparel.

For children’s products, Congress set a schedule under which all certification must eventually be based on third-party testing.

Who should supply the certificate?

The Commission determined that for imported products, only the importer needs to issue the conformity certificate. This certificate must be available to the Commission no later than the time when the product or shipment is available for inspection in the United States.

Foreign manufacturers and private labelers of imported products do not need to issue certificates, and they do not need to be listed as parties on certificates.

Availability of Certificates

A copy of the certificate must be “furnished to each distributor or retailer of the product” (no requirement to provide to ultimate consumer). However, the certificate not necessarily a paper copy. Besides, a copy of the certificate must be made available to the Commission and Customs upon request.

Content of Certificates

The requirements for the general conformity certificate are fairly straightforward: It must certify that the consumer product complies with the applicable regulations based upon a test of the product, or upon a reasonable testing program. Each certificate must specifically identify the particular rule, ban, standard or regulation that applies to that product as well as the manufacturer, importer or private labeler issuing the certification.

The general conformity certificate must include the date and place where the product was tested and the name, address and telephone number of the individual responsible for maintaining records of the test results. The certificate must be in English—though it may also include the same content in another language—and accompany the product or shipment and be furnished to the distributor or retailer.

Handling of Certificates at the Ports

There is currently no requirement to file a certificate with CBP or any government agency as part of the entry process. Release of the shipment does not depend on presentation of the certificate. In future, the Commission, after consultation with CBP, may by rule provide for electronic filing of certificates up to 24 hours before arrival. 

For details, please browse http://www.cpsc.gov/ABOUT/Cpsia/conformity.pdf or click here.

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