1. Frequently Asked Questions About
Consumer Product Imports
Panel 5
Carol Cave
John Blachère
Seattle Safety Academy 2013
Analysis dates cover 10/1/2011 to 9/4/2013, unless
otherwise noted.
2. How Does CPSC Review Shipments at the
Ports?
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Prior to Port At Port
Commerce
No Exam
3. Seattle Safety Academy 2013
Prior to Port At Port
Commerce
No Exam
How Does CPSC Review Shipments at the
Ports?
4. Seattle Safety Academy 2013
Prior to Port At Port
Commerce
No Exam
How Does CPSC Review Shipments at the
Ports?
5. Seattle Safety Academy 2013
Prior to Port At Port
Commerce
No Exam
How Does CPSC Review Shipments at the
Ports?
6. What is the Length of a Detention?
How Often Does CPSC Detain Shipments?
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Shipments
Estimated number of shipments
eligible for examination* 2,000,000
Detentions 1,400
Detention Rate 0.070%
Average Detention Time 13.4 days
* - Entry data collection based upon pilot system product codes
7. What is the Length of a Detention?
How Often Does CPSC Detain Shipments?
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• Detention time can be reduced by importers by
responding promptly to CPSC and CBP when
requests for information are made.
• 99.93% of eligible shipments to the CPSC were
not detained.
8. What Products are Being Detained?
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55%
14%
9%
3% 5%
14%
Samples
Toys
Fireworks
Clothing
Holiday Light Sets
Other Electrical Products
All Others
9. How Did Shipments that CPSC Detained
Enter the United States?
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6%
2%
6%
86%
Samples
Air
Rail
Truck
Sea
10. How Often are Detained Shipments Found
to be in Violation of a Regulation?
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Shipments Rate
Violations Found 1,022 77%
Violations that Required
Seizure 622 61%*
Correctable Shipments 400 39%*
• At least one violation found. Multiple are possible.
• 1,400 shipments detained October 1, 2011 to
September 5, 2013.
*- of violative shipments (1,022)
11. What Types of Violations are Seen at Import?
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Primary Shipments* Rate**
Lead 472 34%
Mechanical 206 15%
Phthalates 113 8%
Fireworks 92 7%
Electrical 87 6%
Chemical 36 3%
Lighters 22 2%
Flammability 19 1%
Secondary
Tracking Labels 534 38%
Certificates 492 35%
*- Shipments can have more than one violation type.
**- 1,400 shipments detained October 1, 2011 to September 5, 2013.
12. What are Some of the Larger Seizures?
• 1.5 million fireworks were seized at the port of
Baltimore for overloaded pyrotechnics in June 2012.
• 260,000 lighters were seized at the port of Newark in
March 2011 .
• 100,000 lighters were seized at the port of LA-Long
Beach in August 2011 .
• More recently, in July 2013, CBP seized 70,000 units
of counterfeit consumer products valued at $3.9M at
the port of Newark based upon targeting managed
by CPSC.
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13. Is There a Linkage Between Health and
Safety and Intellectual Property Rights (IPR)
Violations?
• RAM Pilot Trends
• Intellectual Property Center (Virginia)
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14. What is the General Concept Behind CPSC’s
Pilot System for Risk Assessment?
Integrates available risk information to model and
support Commission enforcement strategy involving
product hazards at importation.
Potential sources of risk data include:
–shipment (CBP)
–case history (CPSC & CBP)
–screening history (CPSC)
–injury and death (CPSC)
–commercial information (Third Party)
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15. What Improvements are Expected from CPSC’s
Production System for Risk Assessment?
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• Higher rate of product hazard detection at import.
• Higher volume of shipments sampled and detained
annually at import.
• Fewer shipments unnecessarily stopped
• Reduced recalls of dangerous products in commerce.
– In FY 2012, 3.6 million non-firework products were
stopped from entering commerce. The number of
shipments examined grew 190% over FY 2007 levels while
increasing the violation rate by 25% over the same period.
16. What are the Societal Benefits to CPSC’s
Production System for Risk Assessment?
• Save Lives and Prevent Injuries
• Facilitate Legitimate Trade
• Minimize Costs for the Trade,
Government Agencies and U.S. Customs
• Proactively Monitor Compliance
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17. Other Questions
• If I am an importer who brings in product that
does not meet mandatory requirements, am I
required to file a report with the Commission?
• What is the agency policy with respect to
enforcement of certificates at ports of entry?
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Hinweis der Redaktion
What is the length of an average detention? What factors affect the length of a detention (unanalyzed)? 99.93% of cargo that were of products in codes that are of potential interest to CPSC based upon potential hazard of product class.
What is the length of an average detention? What factors affect the length of a detention (unanalyzed)? 99.93% of cargo that were of products in codes that are of potential interest to CPSC based upon potential hazard of product class.
What kind of products are being stopped?3,694 samples that directly mapped to the 1,400 shipments
What mode of transport are products are being stopped?3,104 mapped to 1,150 entries – data cleaning necessary to study missing data.
How often are violations found?
What types of problems are being seen in products at import?
What are some examples of the products that have been removed from commerce due to the work on the Risk Assessment Methodology?
Any linkage to Intellectual Property Rights?Since CPSC has implemented its own Risk assessment strategy we are finding more and more connections to IPR and Health and Safety? While it does not appear to be an direct correlation it is true that importers who tend to avoid health and safety regulatory requirements, they too will avoid other agency requirements as well, including mis-classification, and port shopping.CPSC has been working closely over the past two months with the IPR center in Virginia to align our enforcement efforts.
What are the potential benefits, measured or anticipated, of having a fully built Production System?Expect to grow with additional efficiencies and staff.
What is the benefit to society?–Creation of a production risk system may save an estimated 19 lives and prevent an estimated 20,600 to 23,000 injuries annually that occur as a direct result of hazardous imported consumer products.– By identifying lower-risk importers and manufacturers who supply consistently compliant products into U.S. commerce, the CPSC can allow them reduced review at importation, resulting in reduced port processing and savings of costs and time. Through improved targeting, high-risk cargo will be stopped at ports of entry. Thus, the system will protect companies and industries better from the cost and legal exposure of distributing and retailing products that are hazardous and may ultimately be subject to recall.
YES, but if an importer is responsive and complying with addressing the problem, Compliance uses it’s discretion and would say that a separate report is not necessary.When CPSC screens a product at importation and finds the product to violative, we request the certificate to see if the product was tested. CPSC if first and foremost concerned about the health and safety aspect of the product. We currently treat certificates as a secondary violation. If however, product continues to be entered and product continues to not pass, it is highly unlikely that CPSC will allow the cargo to move until product is tested. This causes great delay in delivery schedules and costs for storage.