New CPSIA Regulations Become Effective November 12, 2008

One of the most sweeping new requirements of the Consumer Product Safety Improvement Act (“CPSIA”) becomes effective on November 12, 2008.

Beginning on that date, foreign and domestic manufacturers, importers, and private labelers of products subject to any consumer product safety rule, ban, standard, or regulation under any act enforced by the Consumer Product Safety Commission (“CPSC” or “Commission”) must issue certificates of conformity to accompany every shipment of such products and to be furnished to each distributor and retailer.

The requirement covers products from toys and baby cribs to clothing and walk-behind lawn mowers. Although the Commission has issued some guidance for compliance, the requirement has created logistical burdens that companies must address quickly.

The following procedure needs to be discussed with all carriers and forwarders in order to implement the new Import Safety Law under the CPSC specific to the new Conformity Certification.

1. Shipments EXPORTED on or after NOVEMBER 12, 2008 will require a completed CPSIA Conformity Certificate for all adult wearing apparel and all children’s wearing apparel and footwear products.

2. The certificate must be completed by the ACTUAL MANUFACTURER.

3. The certificate must physically accompany each shipment by placing it in a sealed envelope clearly marked “CPSIA Conformity Certificate for MBL, HBL or HAWB #________”(whichever is applicable). An envelope must be placed in each shipping sea or air container. See below for additional specific instructions for the envelope information under “Flat Pack LCL “ and “GOH LCL”.

4. When goods are being shipped directly through the steamship line, the manufacturer will not know the MBL until after the goods are loaded. Therefore, in these circumstances the manufacturer should leave the certificate blank for the MBL when turning it over to the steamship carrier.

5. Flat Pack FCL: The envelope(s) MUST BE attached to the carton closest to the container door once loaded for each sea or air container.

6. GOH FCL: The envelope(s) MUST BE attached to the garment closest to the container door once loaded for each sea or air container.

7. Flat Pack LCL:

a. Include the following additional note on the envelope - “Note to consolidator: Once the container(s) is/are loaded, attach this envelope to the carton closest to the container door.”

b. Submit the envelope with the certificate to the consolidator

c. Instruct the consolidator to copy the contents of the envelope as needed based on the number of shipping containers

8. GOH LCL:
a. Include the following additional note on the envelope - “Note to consolidator: Once the container(s) is/are loaded, attach this envelope to the garment closest to the container door.”
b. Submit the envelope with the certificate to the consolidator.

c. Instruct the consolidator to copy the contents of the envelope as needed based on the number of shipping containers

9. The manufacturer MUST ALSO include a copy of the certificate with the shipping documents that are turned over to the forwarder who in turn will forward it to the customs broker.