CPSC Compliance and Consumer Products Not Intended for Children

Importers and the government can often take radically opposite positions when it comes to what is considered a children’s product. Given the myriad of extra regulations surrounding goods for children, it is no wonder that so many importers try to steer clear of having what they consider to not be children's product, identified as such.

The difficulty arises however, when dealing with an article that could be considered attractive to a child. A 3-inch sized colorfully painted object, intended to be merely a decorative household item, could ultimately be considered a toy or children’s product by a government agency. The same holds for a decorative plush good that had not been intended for sale to children but could easily double as a children’s plush toy.

While some imports are an obvious decorative housewares product, such as a large wall plaque with a beer logo on it, with such attachments for hanging already affixed to it, and is therefore, clearly identifiable as not being intended for a child, others simply do not hold water when it comes to the government’s determination as to it not being a children’s article.

With regards to compliance, any imported article with paint or some other surface coating would be subject to Consumer Product Safety Commission’s (CPSC) rules and require lead paint testing if it is considered a “children’s product” by the government.

In addition to the surface coating issue, when children’s products are involved, there are also lead testing (separate from the lead paint issue), tracking label and other possible rules, such as that regarding small parts which must be adhered to.

Once the testing is complete, then there is the general certificate of conformity requirement that must accompany the shipment attesting to its compliance with the various CPSC rules. This certificate would need to be retained in accordance with Customs record keeping rules and be furnished upon request by Customs and retailers and distributors here in the US.

In addition, if you are planning to have goods shipped into California, or if you have reason to know that they might end up there, it should be noted that the state typically has more stringent rules than those at the national level.

For more information about importation of children’s products, go to www.cpsc.gov.

Questions comments? Post below or email me at clark.deanna@gmail.com

Are Your Imports Flammable?

Merchandise that is potentially flammable such as apparel, is subject to flammability testing in order to confirm its acceptability for importation. Wearing apparel that is determined to be flammable, or that for which has not been tested to gauge its ability to ignite, may not be imported into the U.S. nor offered for sale here.

Simply put, it is banned.

Banned from importation, banned from sale here in the U.S., and banned from even the offer of sale.

Articles such as sturdy textile costumes*, including those which would be tied on, whether of a bib style or a waist-to-knee variety, are typically treated as articles of apparel and clothing accessories by US Customs as well as under the Flammable Fabrics Act (FFA). (*This type of costume is not to be confused with a flimsy variety which would be classified under Chapter 95 HTSUS)

Since they are considered apparel, this merchandise is subject to the flammability regulations set forth in 16 CFR Part 1610.

All textile fabrics intended, or sold for use in, wearing apparel, and all such fabrics contained in articles of wearing apparel, are subject to the requirements of the FFA, which are enforced by the Consumer Product Safety Commission (“CPSC”). [1]

Under FFA, when a fabric (or any uncovered or exposed part of it) is so highly flammable as to be dangerous when worn by individuals, and where it exhibits a rapid and intense burning when tested under the testing conditions set forth in Subpart A of 16 CFR Part 1610, it is prohibited from importation, and banned for sale or offer for sale here in the U.S.

The purpose of the FFA testing requirements is to prohibit the use of any dangerously flammable clothing textiles in order to reduce the danger of injury and loss of life. [2] With regards to general labeling requirements for adult wearing apparel, information about the fiber content, country of origin and RN number information should be included.

While a label is not required to be sewn onto the apparel indicating CPSC compliance, or non-compliance,[3] a General Certificate of Conformity is required with importations of apparel that declares that compliance with CPSC enforced laws – including FFA - has been met. This certificate must also be kept for both recordkeeping purposes as well as to furnish to retailers and/or CPSC upon request.

CPSC is the enforcement agency for violations of the FFA and under the current regulations, the maximum penalty amount for a known violation is $100,000, with a maximum penalty for any related series of violations being $15,000,000.[4]

With penalties this extreme, it is imperative that importers obtain the requisite compliance advice pre-importation rather than to cut corners and be put out of business later.

Questions/comments? Post below or email me at clark.deanna@gmail.com

[1] The requirements of 16 CFR §1610.1(e) state that “[t]he requirements of this part 1610 shall apply to textile fabric or related material in a form or state ready for use in an article of wearing apparel, including garments and costumes finished for consumer use.”
[2] 16 CFR §1610.1.
[3] While California’s Proposition 65, which deals with levels of chemicals, requires a label when a product is not in compliance, federal regulations do not require such labeling under the flammability rules as the product is merely banned from importation and/or sale.
[4] CPSIA Sec. 217(a)(4).

Duty Drawback Event This Wed. With OWIT-NY

Come join me Wednesday evening for an informative discussion exploring the benefits of using drawback for duty savings.

Date: Wednesday, November 16th, 2011
Time: Networking and refreshments at 6:00pm. Program commences at 6:30pm.
Location: Law offices of Baker & McKenzie in the Grace Building, 1114 Avenue of the Americas (the entrance is on 42nd Street directly across from Bryant Park.) New York, NY
Cost: $20 for OWIT-NY members, students and government employees, $25 for non-members

OWIT-NY guest speaker Brenda L. Sweetman has 25 + years experience in the field. She is the Vice President of C.J. Holt & Co., Inc. (CJH), a company that specializes in full service duty drawback assistance. She has managed drawback programs for companies in a wide variety of industries and now focuses on new account development. Brenda taught drawback courses for the World Trade Institute for many years and is now doing the same for World Academy. She is also a member of the teaching staff at Global Trade Academy and has also authored many articles on the topic of duty drawback.

About OWIT-NY:

The Organization of Women in International Trade - New York (OWIT-NY) is a non-profit organization that provides support, inspiration, information and networking opportunities to women and men who are active members of the international trade community.

Our members represent a diverse range of occupations, including banking, finance, communications, customs and trade law, education, government and diplomacy, import and export trade, insurance, technology, trade-related non-profits, transportation and international services.

OWIT-NY is an affiliate chapter of the Organization of Women in International Trade (OWIT).

To register for this event click here. Hope to see you there!