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CPSC Issues Notice of Proposed Rulemaking to Revise 16 CFR 1110

July 16, 2013

On May 1, 2013 the U.S. Consumer Product Safety Commission (CPSC) voted to publish a Notice of Proposed Rulemaking (NPR) to revise 16 C.F.R. part 1110-the rule describing the agency's requirements for Congressionally-mandated certificates of compliance. Some of the key proposed changes include:

  • New definitions specifying the different types of certificates required under the CPSIA, such as children's product certificate, general conformity certificate, finished product certificate and component part certificate, among others;
  • New definition of "importer" to mean importer of record as used in the Customs statute, and an indication that a common carrier, express courier, third-party logistics provider or freight forward will become subject to the certification requirements if such party "chooses to become a licensed Customs broker and ... agrees to serve as the importer of record";
  • Clarification that the importer must certify products manufactured outside the U.S., except when foreign manufacturers sell and ship products directly to consumers in the U.S., such as those purchased via the Internet;
  • Confirmation that brand owners are not required finished product certifiers unless they are the importer of record, domestic manufacturer or otherwise meet the "private labeler" definition;

Written comments must be received by July 29, 2013.

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