Deborah BonardiDeborah BonardiImport Surveillance DivisionImport Surveillance DivisionU.S. Consumer Product Safety U.S. Consumer Product Safety CommissionCommission

This presentation has not been reviewed or approved by the Commission and may not reflect its views

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BackgroundBackground

Independent federal agency Independent federal agency established in 1973established in 1973

5 Commissioners 5 Commissioners Approximately 550 staff Approximately 550 staff Office of Compliance and Field Office of Compliance and Field

OperationsOperations Division of Import Surveillance (Feb 2008)Division of Import Surveillance (Feb 2008) Compliance Officers (Subject Matter Compliance Officers (Subject Matter

Experts)Experts) Field InvestigatorsField Investigators

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Consumer Product Safety Consumer Product Safety Improvement Act (CPSIA)Improvement Act (CPSIA)

Consumer Product Safety Act (CPSA)Consumer Product Safety Act (CPSA) Federal Hazardous Substances Act Federal Hazardous Substances Act

(FHSA)(FHSA) Flammable Fabrics Act (FFA)Flammable Fabrics Act (FFA) Poison Prevention Packaging Act (PPPA)Poison Prevention Packaging Act (PPPA) Refrigerator Safety Act Refrigerator Safety Act Virginia Graeme Baker Pool and Spa Virginia Graeme Baker Pool and Spa

Safety ActSafety Act Children’s Gasoline Burn Prevention ActChildren’s Gasoline Burn Prevention Act

Jurisdictional Jurisdictional Authority Authority

Import UpdatesImport Updates

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DetentionDetention CPSC began detaining shipments CPSC began detaining shipments

under its authority on June 14, 2010. under its authority on June 14, 2010. CBP remains the custodian of the CBP remains the custodian of the

merchandise.merchandise. Recipient has five business days to Recipient has five business days to

provide information that may help provide information that may help resolve the detention. resolve the detention.

TimeframeTimeframeEffort to match existing CBP detention Effort to match existing CBP detention

time frame.time frame.

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Conditional ReleaseConditional Release

CPSC may allow conditional release CPSC may allow conditional release of merchandise under bond, pending of merchandise under bond, pending results of examination and testing.results of examination and testing.

Merchandise may not be distributed Merchandise may not be distributed while under Conditional Release.while under Conditional Release.

Redelivery of Merchandise is Redelivery of Merchandise is possible if the product is found to be possible if the product is found to be violative.violative.

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Resolution of a Resolution of a DetentionDetention

ReleaseRelease ReconditioningReconditioning Voluntary Exportation/DestructionVoluntary Exportation/Destruction Seizure by CBPSeizure by CBP Refusal of AdmissionRefusal of Admission

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Refusal of AdmissionRefusal of Admission

Products refused admission Products refused admission must be must be destroyeddestroyed unless the Secretary of unless the Secretary of Treasury permits export.Treasury permits export.

All expenses of destruction (including All expenses of destruction (including salaries, travel, per diem) shall be paid salaries, travel, per diem) shall be paid by the owner or consignee.by the owner or consignee.

If expenses of destruction are not paid, If expenses of destruction are not paid, they become a lien against future they become a lien against future imports by the same owner or consignee.imports by the same owner or consignee.

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Request for a HearingRequest for a Hearing

CPSA Violations OnlyCPSA Violations Only Importer/owner/consignee can seek Importer/owner/consignee can seek

a full hearing under the a full hearing under the Administrative Procedures Act.Administrative Procedures Act.

Product will remain under Product will remain under government custody at importer’s government custody at importer’s expense during the pendency of the expense during the pendency of the hearing.hearing.

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Harmonized Tariff Harmonized Tariff SchedulesSchedules

Working through the International Working through the International Trade Commission, CPSC has made Trade Commission, CPSC has made changes to the Harmonized Tariff changes to the Harmonized Tariff Schedule (HTS) codes to match up Schedule (HTS) codes to match up more closely with our regulated more closely with our regulated products.products.

Finer HTS codes will allow CPSC Finer HTS codes will allow CPSC and CBP to pinpoint shipments for and CBP to pinpoint shipments for inspection at the ports.inspection at the ports.

CTACCTAC

Commercial Targeting Analysis CenterCommercial Targeting Analysis Center Operated from CBP HQ in Washington Operated from CBP HQ in Washington

DCDC Staffed by CBP, CPSC, and other Staffed by CBP, CPSC, and other

agencies responsible for import safetyagencies responsible for import safety Access to manifest and entry data that Access to manifest and entry data that

assists in targeting assists in targeting National operations coordinated National operations coordinated

through CTACthrough CTAC11

What’s New at CPSCWhat’s New at CPSC New LaboratoryNew Laboratory

Scheduled to be completed in spring Scheduled to be completed in spring 20112011

Modern, purpose-built facilityModern, purpose-built facility

Local storage of active samplesLocal storage of active samples New Public DatabaseNew Public Database

Launch scheduled for March 2011Launch scheduled for March 2011

Incident reports available to the publicIncident reports available to the public

Businesses have opportunity to respond Businesses have opportunity to respond to incidents involving their productsto incidents involving their products

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CPSIA HighlightsCPSIA Highlights

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Lead LimitsLead Limits

300 ppm limit for lead content300 ppm limit for lead content 90 ppm limit for lead paint90 ppm limit for lead paint RetroactiveRetroactive XRF technology used to screen lead at XRF technology used to screen lead at

the portsthe ports Highly accurate in screening Highly accurate in screening

homogenous plastic materialshomogenous plastic materials Demonstration of XRF by Luz and KarlaDemonstration of XRF by Luz and Karla

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CertificationCertification

See 16 C.F.R. Part 1110 for details See 16 C.F.R. Part 1110 for details regarding certification.regarding certification.

Imported productsImported products – Certification is – Certification is the responsibility of the importer.the responsibility of the importer.

Domestically manufactured products Domestically manufactured products – Certification is the responsibility of – Certification is the responsibility of the domestic manufacturer.the domestic manufacturer.

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What Must be Certified?What Must be Certified?

Any product that is subject to a Any product that is subject to a consumer product safety rule or consumer product safety rule or similar rule, ban, standard, or similar rule, ban, standard, or regulation regulation andand which is “ which is “importedimported for consumption or warehousing” for consumption or warehousing” oror ““distributeddistributed in commerce.” in commerce.”

Stays of Enforcement are in effect. Stays of Enforcement are in effect. See See www.cpsc.gov for a complete for a complete list. list.

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Content of CertificatesContent of Certificates Certificates must Certificates must

identify the product, manufacturer (importer) identify the product, manufacturer (importer) issuing the certificate, and any third party on issuing the certificate, and any third party on whose testing the certificate depends, by whose testing the certificate depends, by name, address, and phone numbername, address, and phone number

Must spell out the date and place where the Must spell out the date and place where the product was manufactured and date and product was manufactured and date and place of testingplace of testing

Must show contact information for person Must show contact information for person maintaining test recordsmaintaining test records

Must specify each applicable standard, ban, Must specify each applicable standard, ban, etc. etc.

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Availability of Availability of CertificatesCertificates

Certificates must “Certificates must “accompanyaccompany” each ” each product or shipment of products covered product or shipment of products covered by the same certificate.by the same certificate.

A copy of the certificate must be A copy of the certificate must be ““furnishedfurnished to each distributor or retailer to each distributor or retailer of the product” (no requirement to of the product” (no requirement to provide to ultimate consumer)provide to ultimate consumer) Not necessarily a paper copy.Not necessarily a paper copy.

A copy of the certificate must be made A copy of the certificate must be made available to the Commission and Customs available to the Commission and Customs upon request.upon request.

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Third-Party TestingThird-Party Testing The requirement for third-party testing The requirement for third-party testing

applies to every children’s product that is applies to every children’s product that is subject to a “children’s product safety subject to a “children’s product safety rule.”rule.”

For children’s products, certification will For children’s products, certification will have to be based on testing by an have to be based on testing by an independent, third-party laboratory that is independent, third-party laboratory that is accredited under rules issued by the accredited under rules issued by the Commission.Commission.

The Commission must promulgate rules The Commission must promulgate rules over time to give greater specificity to the over time to give greater specificity to the requirements for third-party testing.requirements for third-party testing.

Tracking LabelsTracking Labels

Required on all children’s productsRequired on all children’s products Requires a label or permanent mark Requires a label or permanent mark

on product – “to the extent on product – “to the extent practicable” practicable”

Mark must enable the consumer to Mark must enable the consumer to ascertain:ascertain:Manufacturer or private labeler Manufacturer or private labeler

Date and place of productionDate and place of production

Cohort/Batch informationCohort/Batch information

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For durable infant and toddler For durable infant and toddler productsproducts

Effective Date: 6/28/2010Effective Date: 6/28/2010 Applied to 12 products initially:Applied to 12 products initially:

Product Registration Product Registration CardsCards

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Cribs Toddler Beds

High Chairs/Booster Chairs

Bath Seats

Gates & Other Enclosures

Play Yards

Stationary Activity Centers

Infant Carriers

Strollers Walkers

Swings Basinets & Cradles

Product Registration Product Registration CardsCards

6 Additional products added on 6 Additional products added on 12/29/201012/29/2010

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Children’s Folding Chairs

Changing Tables

Infant Bouncers Infant Bathtubs

Portable Toddler Bed Rails

Infant Slings

Generic Defect RulesGeneric Defect Rules

Section 223(a) of CPSIASection 223(a) of CPSIA Also known as 15(j) rulesAlso known as 15(j) rules Allows Commission, by rule, to define the Allows Commission, by rule, to define the

presence or absence of certain presence or absence of certain characteristics as a defect for a class of characteristics as a defect for a class of productsproducts

First two rules: Drawstrings on children’s First two rules: Drawstrings on children’s upper outerwear and lack of a GFCI on upper outerwear and lack of a GFCI on hairdryershairdryers

Will allow for quick action at importWill allow for quick action at import

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PenaltiesPenalties

Not to exceed $100,000 per violation Not to exceed $100,000 per violation with a maximum of $15 million for with a maximum of $15 million for any related series of violationsany related series of violations

ConsiderationsConsiderations Nature, circumstances, extent, and Nature, circumstances, extent, and

gravity of the situation.gravity of the situation. Appropriateness of penalty in relation Appropriateness of penalty in relation

to size of businessto size of business Other factors as appropriateOther factors as appropriate

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Questions?Questions?

Getting the most up-to-date Getting the most up-to-date information: GO TOinformation: GO TO

www.cpsc.gov..