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CPSC Detention Notices Now Expected to Begin June 2010 or Later

Consumer Product Safety Commission sources have confirmed that senior management from CPSC and U.S. Customs and Border Protection (CBP) are in the final stages of negotiations concerning detentions, and CPSC now expects to begin issuing its own detention notices as early as June 2010.

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May 2010 Was Previous Launch Date

CPSC officials had announced the agency’s plan to start issuing its own detention notices at the April 2010 National Association of Customs Brokers and Forwarders Association of America annual conference, though the officials had hoped for an earlier start date of May 2010. [See ITT’s Online Archives or 04/20/10 news, (Ref: 10042010), for BP summary.]

CPSC Detention Notices Will Have More Information

CPSC’s detention notices are expected to have more information than the current detention notices on CPSC issues provided by CBP, as they would state the potential violation(s) for which the product is being detained and include contact information for the CPSC investigator. (CPSC has previously stated that CBP detention notices on CPSC issues just state that the product is being detained for CPSC purposes.)

Expected to Be in Lieu of CBP Detention Notices

In cases in which a shipment is only being detained for CPSC purposes, CPSC detention notices may be issued in lieu of a CBP detention notice.

CPSC Favors Conditional Release of Goods While Testing Occurs

Sources add that CPSC is in favor of a policy of “conditional release,” in which CPSC would take samples of detained merchandise and the rest of the shipment would be released to the importer while the testing takes place. However, this would be on a case-by-case basis, and the importer would also have to ensure that none of the merchandise detained for testing is introduced into U.S. commerce until approval to do so is received.

CPSC Intends to Resolve Detentions w/in 60 Days

It is CPSC’s intention to resolve all detentions within 60 days, though there may be instances when the detention period may last beyond that.

Details to be Provided After Negotiations Complete

According to CPSC sources, specific details regarding these detention notices will be provided after negotiations between CPSC and CBP are finalized.