12/13/2024
Consumer Product Safety Commission (CPSC) eFiling Update
Check out this week’s Customs Corner to read about the CPSC eFiling update, Section 321, and more.
1) Consumer Product Safety Commission (CPSC) eFiling Update
Once the draft final rule is approved by the Commission, the rule would take effect 12 months after being published in the Federal Register. For products withdrawn from an FTZ, the final rule would take effect 24 months after being published in the Federal Register.
All consumer products that are regulated by CPSC will require a Certificate of Compliance to be eFiled at the time of entry.
eFiling can be done two ways:
- A full PGA message set, which is entered by the broker at the time of entry.
- A reference PGA message set, where the importer pre-enters certificate data into CPSC’s Product Registry, and then provides the broker with certificate identifiers to be filed at the time of entry.
CPSC’s webpage on eFiling contains information about the process.
2) Section 321 Warning Set to Deploy January 11, 2025
U.S. Customs & Border Protection issued CSMS # 63332114 stating their intent to deploy the second release of the Section 321 warning to ACE.
This will apply to all modes of transportation, except for mail. The threshold will be based on the Estimated Date of Arrival for Type 86 submissions and de minimis shipments to be released off the manifest only. The warnings do not require action, but action is encouraged.
The release was made available for testing in the ACE Certification environment on December 11, 2024.
3) State-Specific PFAS Requirements on Textiles & Apparel to Begin January 1, 2025
California:
- Beginning January 1, 2025, California will prohibit the manufacture, distribution, sale, or offer for sale of any new textile articles containing “regulated PFAS”. Regulated PFAS is defined as either PFAS added intentionally to a product for a functional or technical effect, or PFAS present in the product at a threshold at or above 100 ppm organic fluorine. The threshold drops to 50 ppm on January 1, 2027.
- Outdoor apparel with PFAS for severe wet weather will still be allowed until January 1, 2028; however, it must be accompanied by a legible disclosure reading “Made with PFAS chemicals”.
- Manufacturers will need to provide sellers or distributors with certificates of compliance stating that the textile items don’t contain any regulated PFAS.
New York:
- Effective January 1, 2025, New York prohibits the sale or offer for sale of any new apparel containing intentionally added PFAS.
- Outdoor apparel for severe wet weather will be allowed until January 1, 2028.
- Protective professional uniforms and PPE are excluded from these requirements.
- By January 1, 2027, there will be an enforceable numerical threshold level for PFAS in new apparel, whether the PFAS is intentionally or unintentionally added.
Colorado:
- On January 1, 2025, Colorado will prohibit the sale, offer for sale, distribution for sale, or distribution for use in the state of outdoor apparel for severe wet weather conditions containing intentionally added PFAS, unless the product contains a “Made with PFAS chemicals” disclosure.
- On January 1, 2026, the following products that contain intentionally added PFAS cannot be sold, offered for sale, or distributed in Colorado: cleaning products, cookware for home use, dental floss, menstruation products, and ski wax.
- On Jan 1, 2028, all apparel with intentionally added PFAS cannot be sold, offered for sale, or distributed in Colorado. This includes outdoor apparel for severe wet weather. The following products are also banned: cleaning products for floors used in medical settings, textile articles, and food-contact items for use in commercial settings.
4) Section 301 Investigation on Nicaragua
USTR Katherine Tai pointed to reports from several groups, including the U.S. Government and the UN Office of the High Commissioner for Human Rights, documenting that the current regime in Nicaragua “engages in labor rights and human rights violations and dismantling of the rule of law.” The reports include examples of politically motivated arrests and imprisonments, repression of members of religious groups and NGOs, extra-judicial killings, forced labor, and human trafficking. The USTR is concerned that Nicaragua’s actions may threaten U.S. commerce.
USTR is seeking public comments, due January 8, 2025, at 11:59 p.m. EST. The Section 301 Committee will hold a public hearing on January 16, 2025. More information can be found here.
EVENT: CBP’s Trade Facilitation and Cargo Security Summit
May 6 - 8, 2025 | Hilton New Orleans Riverside, Two Poydras St, New Orleans, LA 70130
This event will be hosted in person and webcasted. Event and registration details will be available soon and posted to the TFCS Summit web page. Click here for more information.
WEBINAR: Trade and Transportation Outlook for 2025
Tuesday, January 7, 2025 | | 1:00 pm CST
Join us for a Live Webinar Event hosted by GEODIS' Customs Brokerage Team on how to navigate the complexities of global trade and transportation in 2025. Click here to register.
Get expert advice on customs and foreign trade, direct from our comprehensive customs brokerage and trade services teams.