Articles

Customs Alert - Consumer Product Safety Improvement Act Tracking Label Guidance

By C. J. Erickson & Carl R. Soller

Jul. 27, 2009

The CPSC has issued a policy statement concerning the children’s products tracking label requirement. The following summarizes the key points of the statement:

(1) The tracking label requirement relates to goods manufactured on or after August 14, 2009. It applies to goods and their packaging. It has not been stayed, phased in, or suspended. The CPSC recognizes that some manufacturers (defined under the Act to include importers) may require additional time, and will measure their “good faith” efforts in evaluating compliance. Proactive importers who have taken steps to be in compliance with the marking provision “as they understand it” will NOT be penalized for having guessed wrong as to the Commission’s interpretation. While the CPSC has stated it will initially focus on compliance in the context of recalls, it is unclear whether their reference to “penalties” relates to the assessment of monetary fines, or the issuance of a notice of penalty which would require the filing of a petition.

(2) The CPSC has indicated that city and state, or administrative unit, is the level of detail expected, not just the country of manufacture. However, the required information does not have to appear on a label, but must be “ascertainable” from “distinguishing marks” on the product. “Ascertainable” means that overall the information should allow the manufacturer/importer to determine the specific source of each product. There are no uniform requirements and manufacturers/importers should consider the practices of their peers. The CPSC has confirmed that a manufacturer may choose to employ a code or numbering system, provided the underlying information is ascertainable.

(3) The information does not have to appear on a single label, and can appear elsewhere on the product depending on
its size and shape. The CPSC recognizes that much of the required information may already appear on the product
through compliance with other agency requirements, such as the RN number, style number, and country of origin.

(4) The CPSC guidance seems to broaden the scope of “date of manufacture” by stating that the date of production
could be a date range if the product is made over a period of time.

Please contact either Carl R. Soller (212) 790-9231 (crs@cll.com) or C.J. Erickson (212) 790-9274 (cje@cll.com) for information

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