eFiling and Advisory Services for Consumer Products

eFiling: Digitizing Certificates of Compliance for the U.S. market

Importers of Consumer Product Safety Commission (CPSC)-regulated consumer products in the U.S. will soon need to electronically file (eFile) specific Certificate of Compliance data elements.

The CPSC issued a supplemental notice of proposed rulemaking (SNPR) on Dec. 8, 2023. This proposal aims to revise the agency's Certificates of Compliance (Certificates) rule and align it with existing CPSC testing and certification rules. It also introduces mandatory electronic filing of certificates (eFiling) for imported CPSC-regulated products and substances with U.S. Customs and Border Protection (CBP).

These certificates include:

• General Conformity Certificate (GCC) for consumer products not intended for children
• Children’s Product Certificate (CPC) for products designed for children 12 years of age or younger

The applicable technical data from either of these certificates must be electronically filed with the CPSC before consumer products arrive at their first U.S. port of entry.

Navigating these CPSC requirements can be complex. UL Solutions is here to support importers as they adapt to these eFiling regulations.

Consumer products requiring mandatory eFiling

All consumer products requiring a GCC or a CPC must comply with eFiling requirements. This includes Private Label products and National Brands.

Understanding key specifications for eFiling

The Consumer Product Safety Commission (CPSC):

• Specifies the entities responsible for certificates that must be issued for finished products as stated in section 14(a) of the Consumer Product Safety Act (CPSA), as amended,15 U.S.C. 2063(a).
• Determines certificate content, form and availability requirements that must be met, outlined in section 14 of the CPSA.
• Requires mandatory eFiling with CBP for imported finished products that are required to be certified.
• Clarifies which provisions that apply to component part certificates.

For finished products that are manufactured outside the U.S. and imported as a shipment, product certifiers must enter the GCC or CPC data elements required under § 1110.11 into the CPSC's Product Registry before the product or substance reaches U.S. ports.

The proposed rule specifies the following regarding certificate availability:

• Furnishing certificates (§ 1110.13(b)) — A finished product certifier must provide a required GCC or CPC to distributors or retailers of the finished product.
• Certificate availability (§ 1110.13(c)) — Certifiers must make certificates available for inspection within 24 hours of request by CPSC or CBP.

Electronic certificates meet these requirements of § 1110.13(b) and (c) if they are:

• Clearly identified with a unique marking on the finished product, shipping carton or invoice.
• Accessible via a URL or other electronic means to the CPSC, CBP, distributors and retailers by the date the finished product is distributed in commerce.

If the electronic certificate is password-protected, the password must be provided immediately upon request by the CPSC or CBP.

The CPSC has announced a transition period between implementation and enforcement to allow companies to adapt.

How UL Solutions supports CPSC eFiling compliance

With extensive expertise in consumer product regulations, UL Solutions offers a global network of experts and laboratories to help you meet CPSC eFiling requirements. Our services include:

• Product evaluation to assess your products and determine applicability to CPSC rules, bans or standards requiring compliance and eFiling.
• Product testing and certification to demonstrate compliance and issue the required CPC and GCC as applicable.
• Electronic filing support to submit product compliance information as required by the CPSC.
• Technical guidance to help you navigate the new eFiling requirements set by the CPSC and U.S. Customs Border Protection (CBP).

Partner with UL Solutions to develop and implement a compliance program to help support a seamless process for importing products into the U.S. market.