01/10/2025
CPSC Certificates of Compliance
Check out this week’s Customs Corner to read about the CPSC certificates of compliance, FDA sets lead limits for baby and toddler foods, and more.
1) CPSC Certificates of Compliance
The U.S. Consumer Product Safety Commission (CPSC) has issued a final rule (the Final Rule) revising its regulations for Certificates of Compliance (certificates).
The U.S. Consumer Product Safety Commission (CPSC) has issued a Final Rule revising its regulations for Certificates of Compliance (certificates).
The Final Rule applies starting July 8, 2026, for most products. For products imported from FTZs and subsequently entered for consumption or warehousing, the rule is effective January 8, 2027.
The Final Rule applies to importers, domestic manufacturers, and private labelers required to issue certificates for consumer products regulated by the CPSC.
The Certificates must identify the manufacturer, importer, or private labeler, along with any testing bodies. They should also include details like the date and place of manufacture, testing, and contact information of responsible parties. In addition, they must be legible, in English (with optional additional languages), and accompany the shipment or product.
Certificates must be electronically filed with CBP up to 24 hours before an imported product’s arrival. Copies must be provided to distributors, retailers, the Commission, and CBP upon request.
The Final Rule updates and expands on the requirements set in 2008, ensuring improved compliance tracking and streamlined regulatory processes.
2) FDA Issues Guidance on Levels for Lead in Processed Food Intended for Babies and Young Children
The FDA has issued guidance for industry on action levels for lead in processed food intended for babies and young children under the "Closer to Zero" initiative, aimed at reducing toxic elements in food over time.
The FDA has issued guidance for industry on action levels for lead in processed food intended for babies and young children under the "Closer to Zero" initiative, aimed at reducing toxic elements in food over time. These action levels indicate lead concentrations at which the FDA may regard food as adulterated, per the Federal Food, Drug, and Cosmetic Act (FD&C Act).
Action Levels for Lead:
- 10 parts per billion (ppb): For fruits, vegetables (excluding single-ingredient root vegetables), mixtures (including grain- and meat-based mixtures), yogurts, custards/puddings, and single-ingredient meats.
- 20 ppb: For single-ingredient root vegetables and dry infant cereals.
The processed food within the guidance applies to packaged foods (e.g., jars, pouches, tubs, or boxes) for babies and young children under two years old, including ready-to-eat and semi-prepared foods.
The action levels serve as a benchmark for determining whether food is adulterated under section 402(a)(1) of the FD&C Act. Enforcement decisions will consider measured lead levels, the FDA's confidence in these measurements, and other case-specific factors.
The guidance is nonbinding, meaning compliance is not mandatory, but adherence is recommended. Manufacturers may use alternative approaches if they meet statutory and regulatory requirements.
The action levels are not intended to guide consumer food choices. FDA advises parents and caregivers are encouraged to provide a varied and nutrient-rich diet to support child development. The action levels aim to encourage manufacturers to minimize lead levels in products while maintaining access to nutritious foods. The guidance is part of broader efforts to reduce toxic element exposure in baby and young child foods to the lowest achievable levels.
3) January 9, 2025 CBP Holiday for Payments
The President has designated January 9, 2025, as a National Day of Mourning by Executive Order. U.S. Customs and Border Protection (CBP) will observe this day as a holiday.
CSMS # 63612638 confirms the President has designated January 9, 2025, as a National Day of Mourning by Executive Order. U.S. Customs and Border Protection (CBP) will observe this day as a holiday.
- Entry Summaries on Statement: Summaries already scheduled for January 9 will print as planned. For others, use a statement print date of January 10.
- Statements Created on January 9: Payments can be authorized on or after January 9. Regular Daily Statement Finals will transmit on January 15, 2025, due to the holiday. Payments made on January 10 will incur no penalty.
- Error Code 204: Attempts to place summaries on a statement dated January 9 will receive this error.
- Periodic Monthly Statements: Preliminary statements scheduled for January 16 will now be sent on January 17. Payment deadlines are extended to January 24, with ACH Debit payments automatically adjusted.
4) FDA Import Alert on E-Cigarettes and Other Tobacco Products
FDA updated two import alerts concerning unauthorized electronic nicotine delivery systems (ENDS), and other unauthorized tobacco products.
On January 3, 2025, the FDA updated two import alerts: 98-07, concerning unauthorized electronic nicotine delivery systems (ENDS), and 98-06, concerning other unauthorized tobacco products. The updates separate e-cigarettes from other tobacco products, providing clearer guidance for FDA staff, federal partners, and the trade community, including importers and customs brokers.
The revised Import Alert 98-07 emphasizes that unauthorized e-cigarettes may face detention without physical examination and refusal of admission, reinforcing existing policy while enhancing clarity. Similarly, Import Alert 98-06 now specifically addresses non-e-cigarette tobacco products.
The full announcement can be viewed here: FDA Updates Import Alerts to Reinforce that All Unauthorized E-Cigarettes May Be Detained Without Physical Examination | FDA
5) Canada Updates Trade Compliance Verification Priorities for January 2025
CBSA has updated its trade compliance verification priorities for January 2025.
The Canada Border Services Agency (CBSA) has updated its trade compliance verification priorities for January 2025. These verifications ensure that importers adhere to Canadian trade laws, focusing on accurate tariff classification, valuation, and origin declarations.
New Compliance Priorities:
- Tariff Rate Quota and Classification of Supply Managed Goods: Verifications will focus on the classification of frozen desserts containing 5% dairy products.
- Tariff Classification of Gloves: A third round of verifications targeting gloves classified under headings 39.26 and 42.03.
- GST and Excise Duties and Taxes: Examinations of GST exemption codes and vaping products subject to excise duties and taxes.
- Import Origin Verifications: Assessments under the Canada-European Union Comprehensive Economic and Trade Agreement (CETA) and the Canada-United Kingdom Trade Continuity Agreement (CUKTCA).
- Duties Relief Program (DRP): Verifications of licensees importing supply-managed goods.
- Most-Favoured-Nation (MFN) Tariff Treatment Withdrawn from Russia and Belarus: Ensuring compliance with the withdrawal of MFN status.
- China Surtax Orders (2024): Tariffs on electric vehicles, steel, and aluminum products from China.
These priorities are subject to change as the CBSA continuously assesses the risk environment. Importers should review their compliance practices to ensure adherence to Canadian trade regulations.
6) Proposed Rule to Mandate Electronic Export Manifest for Rail Cargo
U.S. Customs & Border Protection issued a proposed rule that would mandate the submission of electronic export manifest data for all rail cargo.
U.S. Customs & Border Protection issued a proposed rule that would mandate the submission of electronic export manifest data for all rail cargo. It would also identify the parties eligible to transmit information and describe the time frames prior to train departure in which the information is due. CBP says this is needed to reduce data gaps under current regulations for rail exports, and to align the data with that required by rail imports.
CBP is proposing a pre-departure export manifest, under which export data will be sent “from the source most likely to have correct information about the cargo.”
CBP identifies the outbound carrier as the party responsible for submitting the data, unless another eligible party chooses to (including the customs broker, ABI filer, NVOCC, freight forwarder, US Principal Party in Interest, or the Foreign Principal Party in Interest).
Seven initial data elements would need to be submitted at least 24 hours prior to departure:
- Bill of lading numbers
- Total quantity of items
- Total weight
- Cargo description
- Shipper’s name & address
- Consignee’s name and address
- Automated Export System Exemption Statement, if applicable
Additional data elements on the proposed export manifest proposal could be transmitted up to two hours before train departure. This includes date of departure, mode of transportation, potential hazmat code, and port of lading/unlading.
The proposal also includes changes to its regulations so that CBP can impose liquidated damages on parties that don’t provide the required electronic export manifest data in time. Penalties could be $5,000 for each violation, with a maximum of $100,000 per departure.
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.
CONTINUING EDUCATION: Licensed Customer Broker Continuing Education – The Requirement is Here!
Wednesday January 22, 2025, 2:00 PM EST
CBP has announced the Licensed Customs Broker Continuing Education – the Requirement is Here! Webinar.
The webinar will provide an overview of the new requirements for continuing education and the opportunities to earn credits. Sign up here.
CONTINUING EDUCATION: Licensed Customer Broker Continuing Education – What Do You Need to Do as an Education Provider?
Thursday January 23, 2025, 2:00 PM EST
CBP has announced the Licensed Customer Broker Continuing Education – What Do You Need to Do as an Education Provider?
The webinar will provide an overview of the necessary items to know as an education provider and the opportunity to earn credits. Sign up here.
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