The following information on the Consumer Product Safety Improvement Act of 2008 was gleaned from the Consumer Product Safety Commission website at http://www.cpsc.gov/about/cpsia/cpsia.html.  

On August 14, 2008, President Bush signed the Consumer Product Safety Improvement Act of 2008 (CPSIA).  The Act resulted chiefly from concern over dangerous toys with lead paint and other unsafe products that were imported into the United States in 2007.  The CPSIA expanded, among other things, testing and certificate requirements for potentially harmful goods entering the U.S..

Previously, under the Consumer Products Safety Act (CPSA), certification was generally required only for consumer products that were subject to a consumer product safety standard such as swimming pool slides, matchbooks, bicycle helmets, architectural glazing materials, omni directional citizens band base station antennas, walk-behind power lawn mowers, cellulose insulation, cigarette lighters, residential door operators, multi-purpose lighters, and bunk beds.  Other consumer products did not require certification under the CPSA. 

The CPSA amended the certification provision of the CPSA to require each manufacturer and importer of a consumer product to issue a certificate that the product complies with the Consumer Product Safety Commission (CPSC) rules under the CPSA or similar requirements under any of the other Acts that are administered by the CPSC, such as the Poison Prevention Packaging Act or the Flammable Fabrics Act.  This certification, known as the general conformity certification, must be based on a test of the product or on a reasonable testing program.  The effect of this amendment is to increase substantially the kinds of products that require certification.  However, general conformity certification is not required for a consumer product if there is no CPSC enforced standard, regulation or ban that covers the product.

General conformity certificate, also known as supplier certification or self-certification, is required for all products subject to Consumer Product Safety Act bans as well as standards, or to any similar rule, ban, standard, or regulation under any other Act enforced by the CPSC.  Certification is based on "a test of each product or upon a reasonable testing program."  Third party testing is not required for consumer products that require certification on November 12, 2008.

There can be found a list of products at http://www.cpsc.gov/businfo/reg1.html that are regulated by the CPSC.  If the product you import is on this list, it likely will require certification on November 12, 2008 as described.  Products on this list are CPSC regulated products and therefore, on November 12, 2008, the only thing that will change is the addition of a certification requirement.  The list provides the ban or standard or similar rule, ban, standard, or regulation under any other Act enforced by the CPSC to which the product must be certified. 

Third party testing is not required on November 12, 2008.  As described above, certification for children's products will be based on third-party testing according to a schedule set out by Congress.  The first mandatory third party testing will be required for children's products containing lead paint on December 22, 2008. 

General conformity certification is required for products that are subject to an existing standard, bans, etc., and are manufactured on or after November 12, 2008.  The CPSC has not yet clarified the status of products arriving after November 12, 2008 that were manufactured before November 12, 2008.   

Both the manufacturer and the importer must certify.  If the product bears a private label, the private labeler must also issue a certificate.  Generally an importer can certify based on tests conducted by the foreign manufacturer, provided that a copy of the test records is in English and kept in the United States, and the importer is a resident of the United States or has a resident agent.  The CPSC has required test records to be maintained for a period of at least three years; however, we recommend maintaining them for five years from the date of entry.

Certification must be based on a test of each product or upon a reasonable testing program that provides reasonable assurance that the product meets all requirements of the standard.  Type and frequency of tests are up to the issuer of the certificate.

The Certificate must accompany each product or shipment of products covered by the same certificate.  If the CPSC has not prescribed the form of the certificate, it could be in the form of a label on the product, a separate document, included on the invoice, or on the shipping container.  If the importer and manufacturer work together, both parties may certify on one certificate.  A copy of the certificate must be furnished to each distributor or retailer of the product, which could occur electronically.  Presentation of the certificate is not required for release of the shipment and is not currently part of the entry process.  As a result of issues raised at the CPSC public meetings earlier this month, the CPSC staff is soliciting comments on how certificates, electronic or paper, can "accompany" the shipment of products.  The CPSC staff also promised over a month ago to provide a sample certificate on its website, but as of the date of issuance of this memorandum, no sample certificate has been posted on the CPSC website.

Under toecaps, if no certificate is issued, or if a certificate is false, the shipment may be refused admission and destroyed "unless the Secretary of Treasury permits export."  It is a violation of the CPSA to fail to furnish a certificate or to issue a false certificate if the issuer in exercise of due care has reason to know it is false or misleading in any material respect.  Knowing violations are subject to civil penalties; knowing and willful violations could lead to imprisonment.