Background

1. Hank Tapy, Supervisory Compliance InvestigatorImport Surveillance U.S. Consumer Product Safety Commission This presentation has not been reviewed or approved by the Commission and may not reflect its views

2. Background Independent Federal Agency 1973 Headed by 5 Commissioners (1 Chair) Approximately 500 staff total 3 main Sections of the Agency Office of Compliance and Field Operations • Division of Import Surveillance (Feb 2008) • Compliance Officers (Subject Matter Experts) • Field Investigators

3. Jurisdictional Authority Many Acts • Consumer Product Safety Improvement Act (CPSIA) • Consumer Product Safety Act (CPSA) • Lighters • Children’s Products/Toys • Federal Hazardous Substances Act (FHSA) • Fireworks • Flammable Fabrics Act (FFA) • Sleepwear/mattresses • Poison Prevention Packaging Act (PPPA) • Refrigerator Safety Act (RSA) • Virginia Graham Baker Pool and Spa Act

4. Definition of Durable Infant or Toddler Product Intended for use, or reasonably expected to be used by children under the age of 5. • Cribs • Toddler beds • High chairs, booster seats and hook on chairs • Bath seats • Gates and other closures for confining a child • Play yards • Stationary activity centers

5. Durable Products Continued Infant Carriers Strollers Walkers Swings Bassinets and cradles

6. Standards for Durable Infant & Toddler Products Most will become effective in 2011. First standards • Infant Walkers • Baby Bath Seats Next standards • Bassinets and Cradles

7. Generic Defect Rules Section 223(a) of CPSIA Allows commission, by rule, to define the presence or absence of certain characteristics as a defect for a class of products

8. Certification • Certification generally means vouching that a product complies with a certain requirement, such as a government standard • Sometimes called a “supplier’s declaration of conformity” • May or may not involve any test laboratory • May or may not involve a label on the product

9. Who Must Certify? • “Every manufacturer” of a product that is subject to a consumer product safety rule or similar rule, ban, standard or regulation and which is “imported for consumption or warehousing” or “distributed in commerce”

10. Testing for Certification • Certification must be based on a test of each product or upon a reasonable testing program • Component Parts Testing to be allowed

11. Content of Certificates • Certificates must • identify the product, manufacturer (importer) or private labeler issuing the certificate, and any third party on whose testing the certificate depends, by name, address and phone number • Must spell out the date and place where the product was manufactured and date and place of testing • Must show contact information for person maintaining test records • Must specify each applicable standard, ban, etc.

12. Availability of Certificates • Certificates must “accompany” each product or shipment of products covered by the same certificate • A copy of the certificate must be “furnished to each distributor or retailer of the product” (no requirement to provide to ultimate consumer) • Not necessarily a paper copy • A copy of the certificate must be made available to the Commission and Customs upon request

13. Third-Party Testing • The requirement for third party testing applies to every children’s product that is subject to a “children’s product safety rule” • For children’s products, certification will have to be based on testing by an independent, third-party laboratory that is accredited under rules issued by the Commission • The Commission must promulgate rules over time to give greater specificity to the requirements for third-party testing

14. Tracking Labels Required on children’s products Requires permanent mark on product and packaging

15. Product Registration Cards For durable infant and toddler products Effective Date: 6/28/2010 Will apply to 12 products initially:

16. Product Registration Cards 6 Additional products to be added 12/29/2010

17. CTAC Commercial Targeting Analysis Center Operated by CBP Staffed by CBP, CPSC, and other agencies responsible for import safety

18. Detention • Inherent Authority • CPSC has begun issuance of Notices of Detention • CBP remains custodian of the merchandise

19. Detention • Time Frame • Effort to match existing CBP detention time frame • Joint CBP/CPSC Detentions

20. Conditional Release • CPSC may allow conditional release of merchandise under bond pending results of examination and testing • Merchandise may not be distributed while under Conditional Release • Redelivery of Merchandise

21. Resolution of a Detention • Release • Reconditioning • Voluntary Exportation/Destruction • Seizure by CBP • Refusal of Admission

22. CBP Enforcement • Seizure • CPSC can request seizure by CBP • Liquidated Damages • Three times the entered value of the shipment

23. Refusal of Admission • Products refused admission must be destroyed unless the Secretary of Treasury permits export • All expenses of destruction (including salaries, 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.

24. 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

25. Questions? Getting the most up-to-date information: GO TO www.cpsc.gov under CPSIA legislation Hank Tapy , Supervisory Compliance Investigator (636) 536-0567 HTapy@cpsc.gov