This article is provided by BRC Associate Member and Partner, UL Solutions.

On Dec. 8, 2023, the U.S. Consumer Product Safety Commission (CPSC) introduced a supplemental notice of proposed rulemaking (SNPR) amending 16 CFR 1110, Certificates of Compliance. eFiling is a CPSC initiative requesting consumer products importers to electronically file compliance data on the Automated Commercial Environment (ACE) system from U.S. Customs and Border Protection (CBP). Companies can file data from a certificate of compliance using the ACE partner government agency (PGA) message set.

This initiative aligns with the CPSC’s purpose of supporting U.S. consumers’ safety by reducing unreasonable risk of injury or death related to consumer goods products. At the same time, it aims to enable a risk assessment approach to product safety and compliance monitoring.

eFiling will impact all products that currently require the issuance of a general certificate of conformity (GCC) or children’s product certificate (CPC). This includes private-label products, national brands and all apparel covered under 16 CFR 1610, Standard for the Flammability of Clothing Textiles, regardless of exemptions (this may significantly expand the scope of which products require a GCC).

Information, documents and data stored via eFiling will not be made public; only government agencies and those allowed by user accounts can review them.

How is the CPSC managing the implementation of eFiling?

The CPSC is utilizing a phased approach to implement the eFiling program. The initial timeline is listed below. There have been some modifications; however, the phase categories remain intact. The main modifications currently are the expansion of the beta pilot from 35 participants to 2,000 participants and the timeline extension for full implementation with enforcement up to 2027. This was announced in June 2024.

The publication of the final ruling is expected in the first quarter of 2025. Full enforcement of eFiling has yet to be announced but will be by the third quarter of 2027. All dates are subject to CPSC changes.

How can companies be ready for this new initiative?

Importers interested in getting involved in the extended beta pilot can apply to the CPSC for consideration. The official document “Application Process and Test Duration” outlines the process for this application.

The CPSC will consider applications to participate for three years until the expanded beta pilot test capacity of 2,000 participants is reached, or until the effective date of a final rule, whichever comes first. The CPSC will notify expanded beta pilot test applicants of approval to participate by email and will work with importers to onboard into the pilot on a first-come, first-served basis. Depending on the level of interest, the CPSC may restrict the onboarding of new participants at least at the beginning of the expanded beta pilot test to accommodate all participants successfully and smoothly.

How can UL Solutions help?

As a third-party service provider, UL Solutions can assist companies in performing consumer products compliance testing, support them in setting up internal systems for eFiling or, as a trade partner, assist importers of record with eFiling into the CPSC Product Registry. Reach out for more details at RCP@UL.com.

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