How eFiling is Changing Consumer Product Access in U.S. Markets

How the U.S. eFiling initiative is changing consumer product access in U.S. markets

On Dec. 8, 2023, the U.S. Consumer Product Safety Commission (CPSC) introduced a supplemental notice of proposed rulemaking (SNPR) amending 16 CFR 1110, Certificates of Compliance.

eFiling¹ is a CPSC initiative requesting consumer products importers to electronically file compliance data on the Automated Commercial Environment (ACE) system from U.S. Customs and Border Protection (CBP). Companies can file data from a Certificate of Compliance using the ACE partner government agency (PGA) message set.

This initiative aligns with the CPSC’s purpose of supporting U.S. consumers’ safety by reducing unreasonable risk of injury or death related to consumer goods products. At the same time, it aims to enable a risk assessment approach to product safety and compliance monitoring.

eFiling will impact all products that currently require the issuance of a general certificate of conformity (GCC) or children’s product certificate (CPC). This includes private-label products, national brands and all apparel covered under 16 CFR 1610, Standard for the Flammability of Clothing Textiles, regardless of exemptions (this may significantly expand the scope of which products require a GCC).

Information, documents and data stored via eFiling will not be made public; only government agencies and those allowed by user accounts can review them.

How is the CPSC managing the implementation of eFiling?

The CPSC is utilizing a phased approach to implement the eFiling program. The initial timeline is listed below. There have been some modifications; however, the phase categories remain intact. The main updates are the expansion of the beta pilot to what is now the Voluntary Phase, consisting of importers from 35 participants to 2,000 participants. The timeline for full implementation with enforcement has also been extended to July 8, 2026, for most imported products and Jan. 8, 2027, for products imported into Foreign Trade Zones (FTZ).

The final ruling was published in January 2025.

How can companies be ready for this new initiative?

Importers interested in getting involved in the extended beta pilot (now called the Voluntary Phase) can apply directly with the CPSC via “self-registration.”

Depending on the level of interest, the CPSC may restrict the onboarding of new participants at the beginning to accommodate all participants successfully and smoothly.

How can UL Solutions help?

As a third-party service provider, UL Solutions can assist companies in performing consumer products compliance testing, support them in setting up internal systems for eFiling or assist importers of record with eFiling into the CPSC Product Registry. Reach out for more details at RCP@UL.com. 

Reference

1. https://www.cpsc.gov/eFiling