CPSC E-Filing Rule Gets 18-Month General Compliance Period

Commissioners approved the e-filing implementation rule with an extended general effective date of 18 months from publication. The 24-month alternative involving foreign trade zones (PSL, 12/2/24) was unchanged. The 3-0-2 vote reflected unanimous approval of the rule but with Commissioners Mary Boyle and Richard Trumka voting to keep 12 months.

Trumka wrote (bit.ly/4gnAXC2):

"I have concerns with delaying this rule beyond our staff's recommendation. Each day we delay will allow more hazardous foreign products that violate American laws to flood into American homes."

Commissioners Peter Feldman and Douglas Dziak jointed commented (bit.ly/41GYVDE):

"[W]e…recognize as a practical matter that many firms will need to overhaul their software and data management systems to transition to electronic filing. Rather than set unrealistic effective dates that could place the entire eFiling rule at risk…we believe an 18-month deadline is reasonable based on numerous stakeholder meetings, comments in the rulemaking, and our discussions with agency staff.

Commissioner Mary Boyle focused (bit.ly/4gJzmpP) on the facts that the rule covers only products subject to CPSC regulations and that its focus is surveillance versus direct safety.

"[I]t does not preclude noncompliant products from entering the country. American consumers remain vulnerable to such dangerous products, particularly those sold through e-commerce sites."

Chairman Alexander Hoehn-Saric focused (bit.ly/4gDVim8) on the inclusion of de minimis shipments and the goal of having better risk scores for regularly compliant products to reduce their hold times.