The Director of CPSC Import Surveillance Carol Cave and CBP's Jeremy Baskin used this presentation in a discussion about consumer product imports.

1. U.S. Consumer Product Safety
Commission-2012 Safety
Academy
Navigating the CPSC Import
Process
This presentation was prepared by CPSC staff, has not been reviewed or
approved by, and may not reflect the views of, the Commission.

2. Office of Import Surveillance and
Inspection
• Director
• 3 Supervisory Compliance Investigators
(East, West, Central)
• 2 International Trade Specialists (CTAC)
• Twenty people stationed at 15 major ports
(various modes)
• Will expand to other ports as soon as budget
resources permit; meanwhile, Field personnel
continue to cover other ports as necessary
2

3. Coordination with Customs
• ITDS/ Risk Assessment Methodology
• Joint audits of importers (informed
compliance)
• Joint programs targeting unsafe consumer
products by class
• Importer Self Assessment (ISA) Product
Safety
3

4. Border Interagency Executive
Council (BIEC)
• Information Sharing
• Partnerships
• Trade Modernization
– Safe Port Act
– CPSIA

5. ITDS/ACE
• Systems and Process integration with CBP
• Development of Risk Assessment
Methodology
• In the Fall of 2011, CPSC became the only
agency to receive a live data feed from CBP
• This web services tool gives qualified CPSC
staff access to much better information for
targeting “high risk” consumer products
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6. Risk Assessment Methodology (RAM)
Goals (Short Term)
• Support Hazard Programs manually
• Guide planning of system integration
ITDS/RAM
Goals (Long Term)
• Implementation of system that supports
ITDS/RAM
• Implement Electronic Messaging
• Automate hazard program reporting.
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7. Entry Review Process in FY 2011
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8. Entry Review Process with ITDS/RAM
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9. Informed Compliance
• Joint Programs by class of product
• Joint Inspections
– Provides specific guidance on CPSC
regulations
– Provides specific importation requirements
for future activity with Customs
• Informed Compliance Inspections (ICI)
9

10. Importer Self Assessment- Product
Safety
• Allows companies to apply for a program
that labels them “low-risk”
• Provides benefits
– Expedited testing
– Conditional release of goods
• Good Importer Practices
• Where to I get more Information?
– www.cbp.gov
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11. Navigating the CPSC/CBP Import
Process
• CPSIA
• Prohibited Acts (15 USC 2068)
 Import any product not in conformity with rule, standard or ban
 Import any product subject to a voluntary corrective action taken
by manufacturer, Commission has notified the public and
manufacturer knew or should have known
 Fail to furnish certificate or present false certificate of conformity
 Unauthorized use of a safety mark
• Imported Products (15 USC 2066)
 Product refused admission shall be destroyed unless …
 Upon application by importer, Secretary of the Treasury permits
the export in lieu of destruction
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12. CPSC – Import Procedures
• CPSC Sampling and Detentions
 Specific statutory authority for sampling (15 USC 2066, 15
USC 1273)
 Detained merchandise remains under CBP custody
• CPSC Issues Notices of Detention
 Compliance Investigator or Field Investigator will issue
 Notice will describe the suspected violation and the statute
governing that suspected violation; CPSC officer contact
information will be on the Notice
 Notice issued to importer with copies to Customs broker
and CBP
 Deal directly with CPSC
12

13. CPSC – Import Procedures
• Detentions – Time Frames
 Detention notices to be issued as soon as possible after
sampling/examination
 Recipient of Notice has 5 business days to provide information to help
resolve the detention; extensions can be granted
 Policy is to try to resolve detentions within 30 days
• Detentions of shipments under both CBP and CPSC authority
 Detention notifications will be issued by both agencies
 If CBP seizes that will resolve the CPSC detention but not final CPSC
action (Letter of Advice could be issued)
 If CBP resolves its detention in favor of the importer, it will not release the
merchandise without resolution of the CPSC detention
13

14. Reconditioning
• If it appears that a consumer product can be
modified so it would not need to be refused
admission, the CPSC may permit the product
to be delivered from customs custody under
bond to give the owner or consignee that
opportunity
• If it turns out the product cannot be modified
or the owner/consignee is not acting
satisfactorily, CPSC may direct CBP to
demand redelivery
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15. CPSC – Import Procedures
• Conditional Release of Merchandise
 CPSC can allow conditional release of merchandise under CBP
bond pending results of examination and testing
 Merchandise cannot be distributed while under conditional release
 Case-by-case consideration
• Redelivery of Merchandise
 Redelivery notice issued by CBP. Must be within 30 days after the
end of the conditional release period
 Redelivery could lead to seizure, destruction or exportation
 Failure to redeliver results in assessment of liquidated damages
against importer (bond principal) and surety
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16. CPSC – Import Procedures
• Request for a Hearing
CPSA violations only
Importer/owner/consignee can seek a full
hearing under the Administrative Procedures
Act
Product will remain under Government
custody at importer’s expense during the
pendency of the hearing
Custody of goods remains with CBP
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17. Destruction or Export
• Products refused admission must be
destroyed unless, upon application by the
owner, consignee or importer of record,
the Secretary of Treasury permits export in
lieu of destruction
• If the product is not actually exported
within 90 days of such approval, it must
be destroyed
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18. Cost of Destruction
• All expenses of destruction (including
salaries, storage fees, travel, per diem, etc)
shall be paid by the owner or consignee
• If expenses of destruction are not paid,
they become a lien against future imports
by the same owner or consignee.
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19. CPSC – Import Procedures
• Exportation/Destruction
 Importer may ask to export or destroy at any time
 Per agreement, exportation or destruction at importer’s
expense and must occur under Government supervision
• Seizure
 CPSC can request CBP to seize the product under Tariff Act
authority
 If seized, then CBP takes over the process
 Fines, Penalties and Forfeitures Office issues notices; CBP
has authority to remit the forfeiture upon terms and
conditions deemed appropriate
 CPSC can suggest disposition but cannot compel it
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20. CPSC – Import Procedures
• Assessment of liquidated damages
– Three times the entered value of the
shipment (cannot exceed bond amount)
– CPSC does control the mitigation
decision for liquidated damages claims
(16 CFR 1500.271(b))
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21. Certification at the Ports
• There is currently no requirement to file a
certificate with CBP or any government
agency as part of the entry process or
otherwise
• CPSC may, by rule, provide for electronic
filing of certificates up to 24 hours before
arrival
• Electronic filing is currently being evaluated
with Customs for submission at entry
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22. Questions
Carol Cave, Director, Office of Import
Surveillance and Inspection
ccave@cpsc.gov
Jeremy Baskin, Senior Advisor to the
Executive Director, Office of Regulations
and Rulings, CBP
Jeremy.baskin@dhs.gov
22

23. Consumer Product Safety
•
Commission
Mr. Dean W. Woodard U.S. CPSC
Director Office of Education, Global Outreach, and Small
Business Ombudsman
dwoodard@cpsc.gov
business@cpsc.gov