On December 18, 2024, the US Consumer Product Safety Commission (CPSC) approved a Final Rule to implement electronic filing (e-Filing) of Certificate information for regulated, imported consumer products and to revise requirements for Certificates of Compliance. This new rule will take effect 18 months from the date of publication in the Federal Register, with a 24-month effective date for consumer products imported into a Foreign Trade Zone (FTZ) and subsequently entered the US market for consumption or warehousing.

The CPSC’s new e-Filing program will apply to all imported consumer products subject to a mandatory safety standard, including de minimis shipments. The program will require importers of regulated products that require certification to electronically file data elements at the time of filing an entry, including:

• Identification of the finished product
• Party certifying compliance
• Each consumer product safety rule to which the finished product has been certified
• Date and place the finished product was manufactured
• When and where the finished product was most recently tested for compliance
• Contact information for the person maintaining test records

CPSC is inviting up to 2,000 additional importers to sign up for the e-Filing voluntary stage to develop and test their systems before e-Filing becomes mandatory. The upcoming mandatory e-Filing requirement will significantly impact the way products enter the US market.

For fashion, textiles and childrenswear, the eFiling requirements will likely include:

1. Flammability Standards: Ensuring that clothing textiles, carpets, rugs, children’s sleepwear and mattresses meet the flammability requirements set forth by the FFA, such as those for general wearing apparel and children’s sleepwear.
2. Chemical Safety: Compliance with regulations regarding the use of certain chemicals in textiles, such as lead and phthalates, which are particularly relevant for children’s products.
3. Labeling Requirements: Ensuring that products are properly labelled with information about their flammability, chemical content, and care instructions.
4. Testing and Certification: Providing documentation that products have been tested and certified to meet all applicable safety standards.
5. Tracking and Record-Keeping: Maintaining records of where and when products were manufactured and tested, as well as contact information for the person responsible for maintaining these records.