The U.S. Consumer Product Safety Commission (“CPSC”) has long required importers of products that are subject to a consumer product safety rule, ban, standard or regulation to certify that their product complies with the applicable product safety rule. For general-use products (i.e., non-children’s products), the compliance certification must be based on a test of the product or a reasonable testing program[1] – 3rd party accredited lab testing is not required. For children’s products, the certification must be based on testing by a CPSC-accredited 3rd party lab. These certifications must be created in advance of the entry of merchandise into the United States and be made available upon request when the product or shipment is presented for inspection.
The CPSC has issued a final rule revising the certificate of compliance requirements under 16 C.F.R. Part 1110. This new rule implements a mandatory electronic filing of compliance certification data at the time of entry for CPSC-regulated consumer products that are imported into the U.S. For most merchandise, the rule applies to goods imported on or after July 8, 2026. For products entered from a Foreign Trade Zone (“FTZ”) for consumption or warehousing, the compliance date is January 8, 2027.
- Electronic Filing Required at Time of Entry – Importers of CPSC-regulated consumer products must eFile compliance certification data through CBP’s Automated Commercial Environment (“ACE”) at the time of entry. Importers must provide their customs brokers with the compliance certification data prior to entry in order to avoid clearance delays.
- The importer is responsible for issuing the compliance certification
- Two eFiling options are available. Importers may use either:
- a Full PGA (“Parter Government Agency”) Message Set, under which all certificate data elements are submitted through ACE; or
- a Reference PGA Message Set, under which certificate data is entered in CPSC’s Product Registry and a unique reference ID is transmitted through ACE. This is useful for importers who repeatedly import goods covered by the same product certificates.[2]
- Required data elements include product identification, applicable CPSC rules, the certifier’s contact information, the records custodian, manufacturing date and location, testing date and location, and an attestation of compliance. Product identification must include at least one unique identifier, such as a GTIN, model number, serial number, SKU, UPC, registered number, or alternate identifier, along with a description sufficient to match the product to the certificate.
- Importers must maintain compliance certificates and supporting test or certification records for at least five years from the certificate creation date.
- De minimis shipments are not exempt – any product requiring certification must have an eFiled certificate, regardless of the value of the imported shipment.
This new rule does not create any additional testing obligations for products that were not previously subject to certification. However, it materially changes how certificate information must be made available to CPSC and CBP at the time of importation. Importers that are not compliant with this new rule by the applicable effective date will likely experience delays in the release of their shipments and increased scrutiny by the CPSC at the port of entry.
Should you have any questions, please do not hesitate to contact one of our attorneys.
[1] A reasonable testing program should provide a manufacturer or importer with a high degree of assurance that its consumer product complies with the applicable consumer product safety rule or standard.
[2] The Reference PGA Message Set is intended to streamline eFiling for importers that repeatedly import regulated products covered by the same product certificate. The certificate may be referenced for each product/entry line covered by that same certificate, provided the certificate data remains accurate and applicable.
