‘Protect Consumers From Unsafe Products in the E-Commerce Era: Leveraging CPSC eFiling and Testing to Ensure Safety and Compliance’
Plenary session 6 featured Jim Joholske, director of the US Consumer Product Safety Commission (CSPC) Office of Import Surveillance, and speakers from SGS North America, Hasbro and The Step2 Company.
The panel provided an overview of the CPSC’s incoming eFiling system, which is set to revolutionise product compliance data reporting in the United States. Hasbro and The Step2 Company, both early adopters of the eFiling process, offered insights into their learnings. Key takeaways included:
- Don’t wait until July 2026, start preparing now. This was the overriding message from industry, who acknowledged difficulties in data collection and processing at scale, as well as the need to communicate to all relevant stakeholders (e.g., companies overseas, third-party testing labs, etc.). Although the legal requirements for eFiling take effect for most imported products on July 8, 2026, and January 8, 2027, for those products imported from a Foreign Trade Zone, there are options to engage with the eFiling process already. CPSC is expanding its eFiling Beta Pilot to 2,000 companies, presenting a good opportunity for companies to get accustomed to the new requirements voluntarily in advance of the enforcement date. Currently, prospective registrants still need to request access via the email address, but the CPSC Product Registry is expected to shift to an on-demand service in the coming months, allowing businesses to create accounts instantaneously. As there is no de minimis rule exempting importers of regulated consumer products from e-filing, businesses were encouraged to assess whether they are likely to be impacted by this new rule and act swiftly.
- Businesses should identify the eFiling model that works for them and communicate these decisions to their trade partners. The CPSC Product Registry, a secure online application where importers can store and manage their product certificate data to file, has been established by the CPSC to give registered importers greater flexibility when complying with incoming eFiling requirements. While use of the CPSC Product Registry is not mandatory, it gives businesses the option to file a Reference PGA Message Set rather than a Full PGA Message Set each time they import a product. While a Full PGA Message Set requires businesses to transmit all required certificate data elements into the US Customs and Border Protection (CBP) Automated Commercial Environment (ACE) system, the Reference PGA Message Set saves businesses from having to file seven product data points each time. The Full PGA Message Set is recommended for those who import a limited number of regulated consumer products or do not repeatedly import the same product. The Reference PGA Message Set is recommended for those who repeatedly import regulated consumer products covered by the same product certificates.
- Best practices for eFiling implementation. The CSPC already offers multiple resources (available online) to help importers and trade partners familiarize themselves with the eFiling process. Best practices raised to prepare for the incoming rule were:
- Establish integrated communication channels, setting clearly defined roles and responsibilities among stakeholders at each step.
- Develop technical solutions to enable data flow.
- Assess readiness for compliance to ensure that you have sufficient staffing support and resources.
- Identify the eFiling model that works best for you.
- Start communication early, especially with those shipping direct to US retailers.
- Implications for enforcement. eFiling is expected to support more targeted enforcement efforts by the CPSC allowing current product risk scoring to move away from Harmonized Tariff Schedule (HTS) codes. New codes – possible once the eFiling regime is up and running – will be based on a broader set of data points, including manufacturer, test labs, etc. For reputable importers, this is anticipated to result in lower risk scores, reducing the risk of CPSC involvement.
The Cooley products team will be posting highlights from other plenary panel sessions on our blog throughout the event.
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