Section 14(a) of the Consumer Product Safety Act (CPSA) requires manufacturers (including importers) and private labelers of certain regulated consumer products manufactured outside the United States to test and issue a certificate of compliance (COC) certifying such products as compliant with applicable laws and regulations before importation. 15 U.S.C. 2063(a). Section 14(g)(1) of the CPSA describes the data required on a COC. Section 14(g)(3) requires a COC to accompany the applicable product or shipment of products covered by the COC, and that certifiers furnish the COC to each distributor or retailer of the product. Upon request, COCs must also be furnished to CPSC and CBP. However, section 14(g)(4) provides that â[i]n consultation with the Commissioner of Customs, the Commission may, by rule, provide for the electronic filing of [COCs] under this section up to 24 hours before arrival of an imported product.â CPSC refers to the electronic filing of COCs as eFiling.
To test CPSC and CBP systems and to receive participant feedback on the eFiling program, from October 2023 through June 2024, CPSC conducted a Beta Pilot test with 37 participants. 87 FR 35513 (June 10, 2022). During this test, CPSC worked with participants to develop and improve IT solutions and CPSC procedure. CPSC staff anticipates sending a final rule to implement eFiling in the coming months. To continue testing the eFiling system, and to allow sufficient time for importers of consumer products and substances to participate in eFiling and prepare for such a required program, CPSC now seeks to expand the Beta Pilot test (expanded Beta Pilot) from up to 50 participants to up to an additional 2,000 participating importers. 89 FR 47922 (June 4, 2024) (60-Day Notice); 89 FR 73392 (Sept. 10, 2024) (30-Day Notice).
CPSC is expanding its Beta Pilot to include 2000 firms test filing electronic certificates with CBP. This is expected to add another 63,000 hours in burden to the ICR.
On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).
The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:
(i) Why the information is being collected;
(ii) Use of information;
(iii) Burden estimate;
(iv) Nature of response (voluntary, required for a benefit, or mandatory);
(v) Nature and extent of confidentiality; and
(vi) Need to display currently valid OMB control number;
If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.