If your goods are subject to current Consumer Product Safety Commission (CPSC) regulations, generally requiring that products conform with safety standards or regulations, there are additional procedures that you must meet. As a result of the Consumer Product Safety Improvement Act of 2008, which became law Aug. 14, there are new declarations and documentation required for goods subject to the Act. On that date manufacturers and importers must certify in writing that products being imported for warehousing and/or consumption in the U.S. conform to the rules, bans, regulations or standards administered by the CPSC. This requirement applies to nearly all categories of consumer goods, including fabrics, wearing apparel, toys, jewelry, sporting goods, refrigerators, furniture, hazardous materials, lighters, and child sleep wear, among other items that are currently regulated.

The new certificates of conformity must be based on reasonable testing that the importer or shipper has undertaken on the CPSC regulated goods. Regardless of where the testing is completed, the importer must make the declaration, and must have a copy of the testing results in hand to base the certification on. Additionally the certifications must be issued by all applicable parties in the supply chain (i.e., manufacturer, importer, and any private labeler, as appropriate); must accompany the product or the shipment of the product; and must be furnished to each distributor or retailer of the product.

A separate certificate (or certificates) is required for each product in a container, blanket declarations will not be accepted at this time. If a certificate is not issued or with the shipment, or if a false certificate is found to be on hand, the shipment may be refused admission and destroyed under Customs supervision. Certificates of conformity must include the full contact information of the manufacturer and importer, as well as the person maintaining records of the test results upon which the certification is based; must reference the specific standard to which the product is subject; and must indicate the place and date of manufacture.

CPSC officials have indicated that the certificate of conformity requirement applies to imported goods manufactured or produced on or after Nov. 12. However, no advice has yet been provided as to how the CPSC or U.S. Customs and Border Protection will determine the manufacture or production dates of importations arriving after Nov. 12.