The Consumer Product Safety Commission (CPSC or Agency) recently published a Supplemental Notice of Proposed Rulemaking (SNPR) (88 Fed. Reg. 85760 (December 8, 2023)) to revise the existing rule on Certificates of Compliance (CoC or certificates), 16 CFR § 1110 (Rule 1110). The last time CPSC proposed changes to Rule 1110 was in 2013, when the Agency received more than 500 comments responding to its Notice of Proposed Rulemaking (2013 NPR), many voicing specific legal and other objections to the proposed changes. A decade later, CPSC is reviving the CoC rulemaking process. This SNPR proposes a number of significant changes to Rule 1110, including the addition of an electronic filing (eFiling) requirement for all imported CPSC-regulated products or substances, an expanded definition of “importer” to include the importer of record and certain other entities, and new CoC content and recordkeeping requirements. 

Given the staggering number of imported consumer products and the expansive scope of proposed changes, the SNPR warrants close attention by anyone making CPSC-regulated products abroad for distribution in the United States or direct shipments to U.S. consumers. Comments are due February 6, 2024. Read more here.