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06-07-2010 - CPSC to Issue Detention Notices, June 14, 2010

On August 14, 2008, the Consumer Product Safety Improvement Act was signed into law. The purpose of the act is to establish consumer product safety standards for a variety of consumer products, beginning with children’s products. Since this time, CPSC’s involvement in the trade has greatly increased, and will continue to become a main factor when regulating import compliance.  All importers should reevaluate their product lines for possible CPSC scrutiny.

The CPSCwill begin issuing detention notices on June 14, 2010 for potentially violative cargo.  These notices may replace or be in addition to Customs and Border Protection (CBP) detention notices, however there may be instances where both agencies will hold cargo.  The detention notices will describe the suspected violation and the statute governing the violation, along with listing the CPSC investigating officer and contact information. 

If cargo is detained, a notice will be sent to the importer, CBP and the customs broker.  CPSC plans to issue its detention notices within five business days after a product is presented for examination.  The importer will then have five business days to provide information to help resolve the detention.  This information may include test records/certificates.  CPSC’s goal is to have all detentions resolved in 30 calendar days. 

In cases where the merchandise is conditionally released and the importer receives a redelivery notice from CBP (on behalf of CPSC), failure to redeliver the goods may result in liquidated damages assessed at three times the entered value of the cargo. 

Importers may request that products being detained for a possible CPSC violation be destroyed or exported before CPSC resolves the detention.  This will be considered on a case-by-case basis and if approved, would be at the importer’s expense and under agency supervision.  Importers also have a right to request an Administrative Procedures Act (APA) hearing.  CPSC officials state this is a slow process and CBP will hold the merchandise at the importer’s expense while a decision is made.  Please contact your GSB representative for more information or email, info@geosbush.com.