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We are pleased to share that four new Frequently Asked Questions (FAQs) have been added to the eFiling website. These additions are part of our continued effort to provide clear, accessible guidance to importers, brokers, and other stakeholders as we move toward full implementation of eFiling.
The new FAQs address common questions received by the eFiling Support Team and are intended to help users better understand their eFiling responsibilities.
Q. Does eFiling apply to shipments sent from one consumer to another?
A. Generally, yes, if the transaction is commercial in nature. eFiling is not required for noncommercial transactions between one consumer outside the United States to another consumer in the United States. For the purposes of eFiling, a noncommercial transaction means a product sent outside of a commercial transaction, such as a gift or transfer of personal effects. The consumer outside the United States must have physical possession of the product before it is sent to the consumer in the United States for this exemption to apply.
Transactions involving the sale of a product, including sales by one consumer to another consumer through an online marketplace or other sales platform, are commercial transactions and are not covered by this exemption.
Although not required, these entries may utilize Disclaim A.
Q. Does eFiling apply to used products that were manufactured before a CPSC rule, ban, or standard went into effect?
A. No. For used products that were manufactured prior to the effective date of a CPSC rule, ban, or standard, a certificate is not required, and therefore eFiling does not apply. If a used product did not previously require a certificate pursuant to the Consumer Product Safety Improvement Act of 2008, eFiling does not impose a new requirement for a certificate. Although not required, these entries may utilize Disclaim A. For more information, visit Testing & Certification | CPSC.gov.
Q. Does eFiling apply to used products that were manufactured after a CPSC rule, ban, or standard went into effect?
A. Yes. If a used product was manufactured after the effective date of a CPSC rule, ban or standard, a certificate is required and if the product is imported as part of a commercial transaction, eFiling also applies. Commercial transactions include, but are not limited to, business-to-business, business-to-consumer and consumer-to-consumer sales.
If a product was previously required to be certified, pursuant to the Consumer Product Safety Improvement Act of 2008 or the CPSC implementing regulation, importers must continue to provide the required certificate information through eFiling. For more information, visit Testing & Certification | CPSC.gov.
Q. Does eFiling apply to resold or overstock products?
A. Yes. Regulated, finished consumer products subject to a CPSC rule, ban or standard that are to be distributed in commerce must comply with CPSC’s testing and certificate import requirements, including eFiling. This includes both resold products and overstock products.
Thank you for your continued engagement and partnership as we work together to strengthen consumer product safety. If you have any questions, please contact the eFiling Support Inbox at eFilingSupport@cpsc.gov.
As CPSC moves toward full implementation of eFiling, the Support Team is experiencing a high volume of inquiries. Stakeholders are encouraged to review the resources available on the CPSC website, including the eFiling Document Library.
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