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Consumer Products Safety Improvements Act : CPSIA and GCC form
Let me start by saying I am NOT an authority on this subject. I am learning just as you are and do NOT have all the answers. Below is simply my summary of the CPSIA and GCC form. You MUST do your own research and consult directly with the appropriate agencies or advisors on this subject. Rules and regulations "change" often. This may be time sensitive information. Again, do NOT rely on the accuracy of below. You must do your own research for the most current rules. Use below at your own risk.
It appears that the US government has made some changes to a few relevant regulations. The new act is called the Consumer Products Safety Improvements Act (CPSIA). It appears that this new Act applies to all consumer products imported to the USA. This includes sleepwear, intimates, daywear etc. The act appears to be in regard to flammability of textiles and clothing. The important note on this act is that is is NOT only in regard to children's clothing. This is act is relevant to men's, women's and children's.
The new act has a requirement for a General Certificate of Conformity (GCC) starting November 12, 2008.
The GCC must certify that the product is in conformance with the Flammable Fabrics Act (FFA) - 16 CFR Part 1610
The GCC does not have to accompany the shipment. HOWEVER, it must be available when the product arrives at the port in which it will clear US Customs.
Here are two links that may help you.
Consumer Products Safety Improvements Act (CPSIA) http://www.cpsc.gov/ABOUT/Cpsia/cpsia.html
Flammable Fabrics Act http://www.cpsc.gov/businfo/ffa.pdf
Questions and Answers as of November 13, 2008 (these may change)
Q. Can electronic certificates be used to meet the requirements of Section 102 rather than
paper?
A. The CPSC staff's opinion is that so long as the Commission has reasonable access to the certificate electronically and it contains all of the information required by section 102 of the CPSIA, electronic certificates can be used to satisfy the CPSIA.
Q. Must each shipment be "accompanied" by a certificate?
A. Yes, the law requires that each import (and domestic manufacturer) shipment be "accompanied" by the required certificate. The requirement applies to imports and products manufactured domestically. CPSC staff believes that an electronic certificate is "accompanying" a shipment if the certificate is identified by a unique identifier and can be accessed via a World Wide Web URL or other electronic means, provided the URL or other electronic means and the unique identifier are created in advance and available with the shipment.
Q. Must I supply the certificate to my distributors and retailers?
A. You are required to "furnish" the certificate to your distributors and retailers. CPSC staff believes that this requirement is satisfied if you provide your distributors and retailers a reasonable means to access the certificate.
Q. Must the certifier(s) sign the certificate?
A. No. Issuing the certificate satisfies the new law. It does not have to be signed by the issuer(s).
Q. On what does my certification have to be based?
A. The general conformity certification must be based on a test of each product or a reasonable testing program.
Q. Where must these certificates be filed?
A. A certificate does not have to be filed with the government. As noted above, the certificate must "accompany" the product shipment, and be "furnished" to distributors and retailers, and be furnished to CPSC upon request.
These FAQs are unofficial descriptions and interpretations of various features of CPSIA and do not replace or supersede the statutory requirements of the new legislation. These FAQs were prepared by CPSC staff, have not been reviewed or approved by, and may not necessarily reflect the views of, the Commission. Some FAQs may be subject to change based on Commission action.
You may also want to check the apparel and textiles customs section on Apparel Search for other relevant topics. Such as the Flammable Fabrics Act and CPSIA.
It appears that the US government has made some changes to a few relevant regulations. The new act is called the Consumer Products Safety Improvements Act (CPSIA). It appears that this new Act applies to all consumer products imported to the USA. This includes sleepwear, intimates, daywear etc. The act appears to be in regard to flammability of textiles and clothing. The important note on this act is that is is NOT only in regard to children's clothing. This is act is relevant to men's, women's and children's.
The new act has a requirement for a General Certificate of Conformity (GCC) starting November 12, 2008.
The GCC must certify that the product is in conformance with the Flammable Fabrics Act (FFA) - 16 CFR Part 1610
The GCC does not have to accompany the shipment. HOWEVER, it must be available when the product arrives at the port in which it will clear US Customs.
Here are two links that may help you.
Consumer Products Safety Improvements Act (CPSIA) http://www.cpsc.gov/ABOUT/Cpsia/cpsia.html
Flammable Fabrics Act http://www.cpsc.gov/businfo/ffa.pdf
Questions and Answers as of November 13, 2008 (these may change)
Q. Can electronic certificates be used to meet the requirements of Section 102 rather than
paper?
A. The CPSC staff's opinion is that so long as the Commission has reasonable access to the certificate electronically and it contains all of the information required by section 102 of the CPSIA, electronic certificates can be used to satisfy the CPSIA.
Q. Must each shipment be "accompanied" by a certificate?
A. Yes, the law requires that each import (and domestic manufacturer) shipment be "accompanied" by the required certificate. The requirement applies to imports and products manufactured domestically. CPSC staff believes that an electronic certificate is "accompanying" a shipment if the certificate is identified by a unique identifier and can be accessed via a World Wide Web URL or other electronic means, provided the URL or other electronic means and the unique identifier are created in advance and available with the shipment.
Q. Must I supply the certificate to my distributors and retailers?
A. You are required to "furnish" the certificate to your distributors and retailers. CPSC staff believes that this requirement is satisfied if you provide your distributors and retailers a reasonable means to access the certificate.
Q. Must the certifier(s) sign the certificate?
A. No. Issuing the certificate satisfies the new law. It does not have to be signed by the issuer(s).
Q. On what does my certification have to be based?
A. The general conformity certification must be based on a test of each product or a reasonable testing program.
Q. Where must these certificates be filed?
A. A certificate does not have to be filed with the government. As noted above, the certificate must "accompany" the product shipment, and be "furnished" to distributors and retailers, and be furnished to CPSC upon request.
These FAQs are unofficial descriptions and interpretations of various features of CPSIA and do not replace or supersede the statutory requirements of the new legislation. These FAQs were prepared by CPSC staff, have not been reviewed or approved by, and may not necessarily reflect the views of, the Commission. Some FAQs may be subject to change based on Commission action.
You may also want to check the apparel and textiles customs section on Apparel Search for other relevant topics. Such as the Flammable Fabrics Act and CPSIA.
Tags: act, certificate, conformity, consumer, cpsia, gcc, general, improvements, of, products
Comment
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Comment by Apparel1 on November 16, 2008 at 7:44pm
- It is good that your friend found a GCC form to follow as a guide. It is my understanding that the Consumer Product Safety Commission does not provide an actual form to follow as a guide. But they do provide a list of the forms requirements that need to be followed (list of details that must be included on the form). It appears that each company is responsible to develop their own GCC form by following the standard requirements.
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Comment by Jessie Yang on November 15, 2008 at 3:37am -
Tired, I don't like to read the long topic with so many professional words:) Sorry for my poor English...
But I knew CPSC and GCC form, because my friend received this notify from her forwarder, she is not good at English and asked me to translate it for her. Godness, I am also not understand about it, I don't know how to and from where to get a GCC form.
But luckily, her forwarder found a GCC form from another company, then she followed that GCC form then stamped on it. The goods were air-shipped to NY and it seems the GCC form is working:)
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On one of the documents, it uses the term private labelers. Thought it would be helpful to know what "private labelers" means.
http://www.cpsc.gov/cpscpub/prerel/prhtml09/09042.html in paragraph 4, 'Foreign manufacturers and private labelers of imported producst do not need to issue certificates, and they do not need to be listed as parties on certificates. For prodcuts manufactuered in the United States, only the domestic manufacturer needs to issue the certificate. Private labelers do not need to issue certificates, and do not need to be listed as parties on certificates.'
Private Labelers : This is actually the company that owns the brand. For example, the Jockey company is not responsible for providing a GCC for all product that is imported using their brand name. The company that imports the product would be responsible and not the owner of the actual brand name. For example, if we license the brand Jockey from Jockey International Corp., "we" are responsible for managing the GCC process for the orders that we bring into the country. The Jockey company would not be responsible for all of the companies that sell product with their brand label. Here is the definition of Private Labeler that I read to determine this conclusion. If you disagree after reading let me know. http://www.cpsc.gov/LIBRARY/FOIA/advisory/274.pdf
Again, I am not an expert on this subject. Do you own research to make your own determinations. Consult with the CPSC for the actual facts to make certain.
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