Updates to Partner Government Agency Regulations

Partner Government Agencies Updates

Customs and Border Protection (CBP) collaborates with Partner Government Agencies (PGAs) to ensure compliance with U.S. import regulations by collecting and reviewing necessary documentation, such as permits, licenses, and certificates. CBP facilitates the electronic exchange of data with PGAs through the Automated Commercial Environment, commonly known as ACE, to enable the efficient enforcement of laws related to safety, health, agriculture, and more. Importers need to be aware if their shipments fall under the jurisdiction of PGAs to make sure they are submitting all required documentation with their entries. Please see below for recent compliance updates and documentation changes for key PGAs. Please note this is not a complete list, but a comprehensive overview of commonly used PGA updates, and there may be additional changes related to PGA updates not listed below.

Consumer Product Safety Commission (CPSC) Children’s Product Certificate and General Certificate of Conformity

eFiling is a new CPSC initiative under which importers of regulated, finished consumer products will electronically file data elements from a certificate of compliance with CBP, via a PGA Message Set on ACE. This has been an 8-year initiative that CPSC has been rolling out in phases, and we are currently in phase 3, the Final Rulemaking Phase. Phase 4, for Full Implementation, is projected to take place in early 2025. In this process, CPSC is moving to an electronic system that requires an importer or their broker to file certificates of compliance digitally in ACE upon importation of affected products.

There are two certificates that importers need to be aware of:

The Children’s Product Certificate: the manufacturer or importer certifies that its children’s product complies with all applicable children’s product safety rules, bans, standards, similar rules, or regulations.
The Children’s Product Certificate: the manufacturer or importer certifies that its children’s product complies with all applicable children’s product safety rules, bans, standards, similar rules, or regulations.

Products need to be certified if they meet two requirements: A product is subject to certification if that product is subject to a consumer product safety rule, ban, similar rule, standard, or regulation; and if it is imported for consumption or warehousing, or otherwise distributed into commerce. Some examples of children’s products that require certification include baby changing products, infant and children’s clothing and wearing apparel, infant walkers, electronic or non-electronic toys, and children’s furniture. Some examples of general use products subject to certification are bicycles, lawnmowers, multipurpose or cigarette lighters, and carpets and rugs. There must be one certificate per regulated, finished product.

Please reach out to the Brokerage Team at KRIEGER Worldwide for assistance determining if your product is subject to filing a certificate via ACE.

Participants will file the seven Certificate of Compliance data elements listed below for regulated finished products:

Identification of the finished product
Each consumer product safety rule to which the finished product has been certified under 16 CFR part 1110
Date when the finished product was manufactured
Place where the finished product was manufactured, produced, or assembled, including the name, full address, and contact information of the manufacturing party
Date when the finished product was most recently tested for compliance with the consumer product safety rule cited above
Party(ies) used for testing a certificate per 16 CFR part 1110, including name, full address, and contact information of the testing entity
Contact information for the party maintaining records of test results, including name, full address, and contact information.

While e-Filing these certificates is a process change for importers, it should improve efficiency and transparency as CPSC will be able to monitor compliance in real-time. Plus, importers may see a reduction of their Risk Score over time based on the amount of data provided. Reductions in Risk Scores may result in reduced hold times and fewer exams, which in turn may reduce costs to the importer. CPSC’s increased focus on higher risk shipments will result in fewer holds to check for paper certificates. Overall, this new approach makes it simpler to ensure that your products meet all the necessary safety standards before they hit the market.

Consumer Product Safety Commission and Reese’s Law

Another CPSC change is the updated requirements for button or coin-batteries. Reese’s Law, enacted in 2022, requires the CPSC to establish safety standards for products that contain button cell or coin batteries. The law was named after an 18-month-old toddler named Reese who tragically passed away after ingesting a button cell battery. As a result of the law, battery compartments must be secured with a tool or at least two hand movements to open and packaging and any instructions must include a warning about the battery. If you are an importer who has a product that uses button cell or coin batteries, regardless of whether it is a children’s product, you need to ensure that your product is compliant with the new regulations.

APHIS and the Lacey Act, Phase 7

The Lacey Act, which combats illegal trafficking of wildlife, fish, and plants, will enter Phase 7 on December 1, 2024. The Lacey Act is overseen by the Animal and Plant Health Inspection Service of the Department of Agriculture. Phase 7 revolves around illegally harvested plants or plant products, and certain products require a declaration. On December 1, all remaining plant product HTS codes that are not 100-percent composite materials will be enforced under the Lacey Act. This means that if your product is subject to Phase 7 and arrives at a port or is entered into commerce from a Foreign Trade Zone on December 1, 2024 or after, a declaration must be filed in ACE with details about your product. Some of the requirements for filing a declaration include if a product contains plant material and is imported under a formal entry or withdrawn from a warehouse for consumption and classified under an APHIS-listed HTS code. A declaration includes the scientific name of the plant material, a description of the product, the value of the product, the name of the country where the plant was harvested or taken from, the importer’s name and address, and other data elements. An importer or customs broker will file the Lacey Act declaration in ACE using the Lacey Act Message Set before the shipment’s arrival to the United States’ jurisdiction.

USDA and Certified Organic Products

In addition to overseeing wildlife or plant trafficking, the Department of Agriculture also plays a key role in certifying organic agricultural products. Recently, the USDA introduced a new rule called the Strengthening Organic Enforcement final rule. This rule requires the use of electronic NOP Import Certificates to enhance the oversight and traceability of organic products coming into the United States. Starting from March 19, 2024, every shipment of imported organic goods must have an NOP Import Certificate, which will be issued by an accredited certifying agent through the USDA’s Organic INTEGRITY Database.

These certificates can cover single or multiple shipments, or even a set time period, depending on how each certifying agent manages their oversight. Importantly, one NOP Import Certificate will be issued for each specific commodity or product, aligned with its HTS code.

Upon approval of the request for an import certificate, accredited certifiers generate the NOP Import Certificate in INTEGRITY and provide it to the requesting exporter or final handler. Then, the exporter or final handler provides the electronic NOP import certificate to the U.S. importer for entry into the ACE system.

Food and Drug Administration and the MoCRA Act

On October 1, 2024, FDA implemented a large reorganization that eliminated, created, or merged different departments. The changes are designed to modernize the FDA and streamline their process to regulating food products, pharmaceutical products, medical products, and more. At the same time, the FDA is also implementing the MoCRA Act, which is a large expansion over their authority to regulate cosmetics. The Modernization of Cosmetics Regulation Act has a few different aspects that importers of cosmetics need to be aware of. Importers of cosmetics now need to submit electronic mandatory adverse event reports, register their manufacturing and processing facilities, list their product ingredients, and substantiate the safety of their products.

The FDA has an electronic tool called Cosmetics Direct for cosmetic product facility registration and cosmetic product listing. Paper forms are also available. Serious adverse event reports for cosmetics are available on the FDA’s website for MoCRA, and those forms need to be completed and emailed or mailed to the FDA while they work on creating a portal for those adverse event submissions. Stay tuned for when that will be ready!

Contact our Brokerage Team at KRIEGER Worldwide for more information!

Importing products into the U.S. involves navigating a complex web of regulations and requirements, adding extra layers to your already busy operations. That’s why partnering with a licensed customs broker can make all the difference. We simplify the process, ensuring compliance at every step, so you can focus on growing your business.

Whether you need assistance determining if your product is a commodity that requires the submission of a CPSC certificate via ACE or you need to determine if your product is in an HTS Code that is subject to Phase 7 Lacey Act declarations, our experienced and dedicated Customs Brokerage team is ready to assist you. If you have any questions about Consumer Product Safety Commission certifications, Reese’s Law, the Lacey Act, USDA Organic Certification, or MoCRA, please do not hesitate to reach out to us at KRIEGER Worldwide for more information.

KRIEGER Worldwide will continue to monitor current events and trends within the logistics industry and keep our clients informed of breaking news, insights, and opportunities. Our experts are ready to answer any questions you have and offer solutions to even your most challenging logistics needs.

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