U.S. Consumer Product Safety Commission CPSC Frequently Asked Questions on Imported Product Detention

Reason for issue

The CPSC has the authority to determine compliance of imported merchandise and issue sampling and detention notices as necessary. Importers or customs brokers can communicate directly with CPSC on detention matters.

Content of the notice

The Notice of Detention contains all pertinent information, including the reason for the detention and the contact information for the CPSC Commissioner of Investigations.

Double Detention

If CBP and CPSC detain the shipment at the same time under different authorities, the importer will be notified by both agencies at the same time, and the CPSC detention will continue until the CBP issue is resolved.

Information received by importers

When an entry is submitted that contains an HTS code of interest to CPSC, the importer will first receive an "Under Review" message. If further inspection is required, the importer will be notified of an "Intensive Exam" or "Hold Intact". Until the "May Proceed" message is sent, the shipment may continue through the port unless further inspection is required and approved by CBP.

Risk-based targeting

CPSC uses a risk-based targeting approach to identify potentially non-compliant products. This messaging alone will not stop the shipment and requires CBP approval for enhanced inspection.

Inspection Time

According to the agreement with CBP, CPSC has five working days to decide whether to detain the shipment and issue a detention notice to the importer within this period. If no notice of detention is received within the period and there are no problems with CBP or other government agencies, CBP will release the shipment.

Review Time

If Entry information is provided prior to arrival, the review can be completed before the shipment actually arrives. Otherwise, CPSC requires 16 business hours (ocean) or 8 business hours (air) for review. Reviews are conducted during business hours only, and a "May Proceed" message is automatically sent if no action is taken.

Partial withholding

CPSC will only detain the products described in the notice, the rest of the shipment will need to be negotiated with CBP for release.

Detention period

The CPSC usually makes an acceptance decision on a product within 45-60 calendar days.

Conditional release

Under certain circumstances, CPSC allows merchandise to be transferred to the importer's premises or other agreed upon location pending inspection results. The conditional release period is generally 45-60 calendar days, depending on the type of product and complexity of the inspection.

Importers' Response

  • Communicating with CPSC: Upon receipt of a Notice of Detention, importers should contact CPSC in a timely manner to provide the required information to expedite the review process.
  • Providing accurate information: Ensure that product information submitted is accurate and complies with the CPSC's regulatory requirements.
  • Prepare an emergency program: Prepare contingency plans, including a backup supply chain and legal support, in the event that products may be detained.

Compliance advice for importers

  • Understanding of the lawFamiliarize yourself with CPSC and CBP regulations and requirements to ensure that your product meets all safety standards before it is imported.
  • Regular Inspection: Conduct regular product safety inspections to identify and resolve potential compliance issues in advance.
  • Maintaining Communication: Maintain close communication with suppliers and logistics partners to ensure that all documentation and procedures are correct.

Conclusion

CPSC's sampling and detention notices are designed to ensure the safety and compliance of imported products. Importers are required to respond to the notices in a timely manner, communicate with the relevant authorities, and provide the necessary information and documentation to ensure the smooth clearance of their products. By complying with CPSC's regulatory requirements, importers can minimize the risk of detention and ensure the smooth operation of their business.

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