The Consumer Product Safety Commission has issued a report outlining how it plans to implement a set of recommendations by the Government Accountability Office to ensure that imported consumer products are safe. In an August 2009 report, GAO recommended that the CPSC (1) ensure expeditious implementation of key Consumer Product Safety Improvement Act provisions (including establishing a substantial product hazard list, implementing the testing and certification requirements that are subject to stay of enforcement until 10 February 2010, and completing all rulemaking requirements required under the CPSIA); (2) take several actions to strengthen its ability to target shipments of unsafe consumer products, such as resolving issues with CBP for obtaining more data on incoming shipments; and (3) develop a long-term plan for ensuring the safety of consumer products entering the United States, including long-term plans for international engagement. The CPSC fully agrees with these recommendations and has now announced the specific actions it will take to implement them. 

First, the CPSC intends to focus more time and resources on the development of so-called “generic defect” rules and will propose such rules for hairdryers and drawstrings within the next six months. Section 223(a) of the CPSIA allows the CPSC to adopt rules defining either the presence or absence of certain types of product characteristics as a defect that constitutes a “substantial product hazard” for an entire class of products. Such rules must be based on a readily observable characteristic that has already been addressed by voluntary standards, and there must be substantial compliance with those standards. Generic defect rules are an important tool for the CPSC because they streamline the agency’s ability to deal with products that are not subject to mandatory standards, in part because importers cannot challenge the validity of the generic product rule itself but rather whether the rule applies to their product.

The fact that the CPSC intends to issue a generic defect rule for drawstrings in children’s upper outerwear garments is a significant development for foreign clothing exporters, including exporters in mainland China and Hong Kong, given that outerwear with drawstrings continues to be the most commonly recalled apparel product due to a hazard of strangulation or entrapment. In fact, 18 of the 26 recalls issued on apparel products during January-August 2009 involved children’s apparel with drawstrings through the hood or waist, compared to 15 of 20 recalls issued during January-August 2008. Notably, 14 of the 17 recalls of mainland Chinese apparel during January-August 2009 involved drawstring-related issues, two involved choking hazards and one involved non-compliance with applicable flammability requirements.

The CPSC also intends to fully implement the testing and certification requirements included in the CPSIA that are subject to stay of enforcement until 10 February 2010 upon expiration of that stay. The stay delayed enforcement of the CPSIA’s requirement that regulated products, including products intended for children 12 years old and younger, be tested and certified regarding their conformity with certain standards, including lead content and flammability. This decision did not delay enforcement or change the actual safety standards for particular products, however. The stay does not apply to:

• Four requirements for third-party testing and certification of certain children’s products subject to (1) the ban on lead in paint and other surface coatings effective for products made after 21 December 2008, (2) the standards for full-size and non-full size cribs and pacifiers effective for products made after 20 January 2009, (3) the ban on small parts effective for products made after 15 February 2009, and (4) the limits on lead content of metal components of children’s jewellery effective for products made after 23 March 2009.
• Certification requirements applicable to all-terrain vehicles manufactured after 13 April 2009.
• Pre-CPSIA testing and certification requirements, including for automatic residential garage door openers, bicycle helmets, candles with metal core wicks, lawnmowers, lighters, mattresses and swimming pool slides.
• Certain pool drain cover requirements.

The CPSC intends to strengthen its targeting of imports in a variety of ways. First, the agency has drafted a memorandum of understanding governing the terms of access to import data through CBP’s Automated Commercial Environment database. The CPSC is seeking to change some aspects of how it works with CBP at the ports and will soon be able to access Automated Targeting System manifest data at a new import safety centre known as the Commercial Targeting Analysis Center, which was expected to become operational in October 2009. The CPSC notes that access to ATS data will give the agency the ability to investigate manifest information prior to the arrival of goods at U.S. ports and improve its ability to identify problem shipments.

The third and last GAO recommendation involves the development of a long-term plan for ensuring the safety of consumer products entering the United States. To achieve this, the CPSC plans to revise its strategic plan in 2010 to reflect the impact of the changing marketplace for consumer products. A component of that new plan will be the strengthening of surveillance activities at the ports in order to stop hazardous products from entering the marketplace. The CPSC notes that this enhanced surveillance must be well planned so that as agency staff increases at the ports, the infrastructure is in place to support the testing and analysis of more samples and the resources are available to follow up on hazardous products. The new strategic plan is also expected to focus on educating foreign manufacturers about U.S. product safety standards and best practices and co-ordinating the development of effective international frameworks for consumer product safety.

Finally, the CPSC states that it is on track to establish its first overseas presence at the U.S. embassy in Beijing. This will enable the CPSC to promote compliance with U.S. safety standards among mainland Chinese and other Asian exporters and co-ordinate with product safety regulators in the region.