 All right. Hello, everyone. I see folks are still coming into the room. That's fine We're just going to go ahead and get introductions out of the way and get started First off to everybody who's here now. Thank you for joining us for the Consumer Product Safety Commission's webinar today Our topic is going to be CPSC safety 101 and an importing overview You'll have two presenters today. The first will be myself. I'm Shelby Mathis I'm the small business ombudsman at the CPSC and joining me is Marcy Hi, everyone. I'm Marcy Van Winkle I am a compliance investigator with the Office of Import Surveillance at the Port of Tacoma, Seattle and Today's presentation is we're going to take up just about the full two-hour period The great news is that there will be plenty of time for you guys to ask questions You can ask questions throughout the presentation today But I do want to kind of give you a broad overview of what we're expecting for the next two hours We've got a presentation that's broken really into three sections The first is going to be safety 101 Which I will be presenting and during the safety 101 section Obviously, I'm going to cover the requirements for children's products toys general use products I'm also going to highlight testing exceptions and exemptions that may be of benefit to the folks attending today I'm going to give a regulatory update where I talk about some of the changes and In the mandatory safety standards and the regulations that have happened from present day going all the way back to January of 2019 and I'm going to talk about COVID-19 related Consumer products that you may be wondering about our agency has just posted a new business education page on this topic And we're going to talk about some of those products and you'll get an opportunity to ask questions and Throughout this whole time while I'm doing safety 101, which can sometimes be a little dry I'm going to do audience polling and we're going to see how we do on Questions that I pose to you and how you as a group perform and then I'm going to Take questions from the audience and then I will turn it over to Marcy who's going to give an importing overview Yes in my portion of the presentation will cover how CPSC functions at the port So we'll cover Targeting screening will cover the detention and conditional release processes And also what happens behind the scenes when products are being evaluated and tested at the CPSC laboratory We'll also review the detention and violation rates for fiscal year 2019 and I will give a brief overview of the two-way messaging Which is set to roll out as early as this this Thursday, September 24th, 2020 And at the end of Marcy's presentation on the importing overview She's going to take questions from you guys based on the content she provides and then we're going to have the final section Which is actually going to be Something that we would normally do in person We're going to play you a series of field screening demonstration videos where Marcy is actually going to show you What she would normally be doing at the port of Seattle or what she does at the port of Seattle And highlight some products that are violative and explain why they are violative and then again at the end of that Video portion you'll have an opportunity to ask us questions So with all that said I've got just a few housekeeping things to go through before we get started The first is I feel like we're all living in a very digital virtual world now So you probably know all this but if you are not familiar with this program on the right-hand side of your screen You have a control panel that will allow you to do a few things It's going to allow you to submit questions to us via the questions chat feature We have CPSC folks that are attending while Marcy and I are presenting that may be able to write you back with an answer to your question Or Marcy or I may address it in each of the three sections that we just discussed when we're handling audience questions You also have the ability to download a copy of today's slides as a handout Which is a PDF available in the handout section of your control panel on the right-hand side I have been told when you click the handout You'll want to make sure that you download it because if you're just viewing it in a web browser and you start clicking hyperlinks You will potentially lose the ability to watch this webinar It will change your screen potentially to whatever link you have selected So just make sure you're downloading a PDF of the slides and you know follow along while we're doing the webinar today The only other thing that I have to say and it's something we always say before I kick off the safety 101 section is The disclaimer the standard disclaimer at the presentation today was prepared by CPSC staff With specifically myself and Marcy Van Winkle. We are not commissioners and therefore The views expressed here today may not necessarily reflect the views of the commission So for the safety 101 agenda I am going to start with children's products and give you a broad overview of the requirements that apply to every children's product And we'll talk about what the definition of a children's product is I'll talk about children's toys and the requirements specific to children's toys Then we'll move to durable infant and toddler products Just like the two Durables that you see on your screen the stroller and also the carrier system and Then we'll move to apparel and sleepwear and this will cover adult and children's sleepwear Requirements again each time there's a testing requirement I'm going to do my best to highlight the testing exceptions and exemptions that could apply Then I'll move to general use products and talk about the requirements there from a general certificate of conformity standpoint and then talk about COVID-19 products and The updated guidance that our agency has released related to consumer products that may relate to COVID-19 I'll do a regulatory update and as I mentioned It's going to go from present day rulemaking all the way back to January of 2019 So it'll be a nice snapshot for the past two calendar years of the regulatory updates and standard updates that our agency has issued And then we'll do audience Q&A So start with the children's product overview. First of all, what is a children's product? It is a product that is primarily intended for ages 12 and under The first thing I want to highlight here is that in terms of requirements with complying with You know the labeling testing and certification requirements that we're going to go through today It's really the responsibility of domestic manufacturers and US importers They are the responsible parties from the CPSC standpoint So I know we've got a lot of those folks on the line here today, and I really appreciate your attendance For children's products, there is a permanent tracking information requirement that applies to every children's product We'll go into more detail there, but it's also known as a tracking label There are testing requirements that apply to all children's products that are intended for ages 12 and under and it that is total Leg content and accessible components. The limit is 100 parts per million Lead in paint and surface coatings the limit there is 90 parts per million Thalates testing and the limit is 0.1 percent per band thalate We'll talk about that more in detail of what those thalates are But that testing applies to all toys and child care articles and again We'll talk about the definition of a child care article and all children's products required third-party testing be done at a CPSC accepted testing lab Children's products also require certification in a children's product certificate or a CPC So let's look at each of these requirements a little bit more in depth So first off tracking information This is probably one of the hottest topic areas that we get questions about in our small business ombudsman office The key takeaways here are that tracking labels need to be permanently affixed meaning, you know We're not talking about a post-it note here. We need something that's going to stick To the product and the packaging it needs to be on the product and the packaging we're practicable to do so And the identifying information that the tracking label needs to contain our manufacturer or private label or name Location and date of production of the product detailed information on the manufacturing process such as batch or run number and Any other information to ascertain the source of the product and in this case? We usually give folks a recommendation that they maybe put their company website there as an Other piece of information to ascertain the source of the product. I Cannot recommend highly enough our tracking label website Which is available at the site on it shown on your screen again? You are looking at a picture of my screen for me. This is a clickable hyperlink for you This is just a picture So if you do want a copy of the slides that have the clickable hyperlinks again You'll need to download the handout from your right hand tool bar so that you'll be able to follow that link But the nice thing about the tracking labels page is that the frequently asked questions cover a lot of things that we hear quite often about tracking labels and Different circumstances and what to do based on the product type So we think you'll find some helpful information there and recommend that you visit that page So I mentioned I'm going to be doing audience polling We've come to our first audience poll question and this question is actually on tracking labels So the question is I sell children's products and clear packaging in this case It's a poly bag and already have a tracking label on the product itself Do I also need to put a tracking label on the clear packaging and your answer options are yes or no I'm going to launch the poll I'm going to ask you guys to tell me whether or not tracking labels are needed on the clear poly bag in this case All right, and I'm going to give folks just a few more seconds to get their answers in thank you everybody for voting All right, I'm going to close the poll and let's see what we as a group thought the answer was oh My goodness This is why this is such a great question. It looks like we're almost evenly split between yes and no So to the question of whether or not You put a tracking label on the clear poly bag Let's see what the answer is it looks like the majority just barely said the answer was yes The correct answer here is actually no And this is a new question that we've just added to the tracking labels page And the reason that the answer is no is that our staff has interpreted that if all tracking information is visible on the product Through outer or clear packaging so a clear poly bag for something like a children's shirt would certainly meet that standard Then there is not a requirement that you include a tracking label on the clear poly bag itself So the next testing requirement that I guess the first testing requirement that I want to talk about is total leg content testing And this comes from the US code The limit is 100 parts per million and accessible component parts but the thing I want to highlight really here is that there are several substances that you can make a children's product out of that based on Years of testing at the CPSC we know are not going to exceed the lead limits And those substances are listed in our regulation 1500.91 which again is hyperlinked in your handout and Those materials are wood paper and similar materials CMYK process printing inks and CMYK process printing inks or inks that do that fully absorb into a substrate So they don't sit on the surface. They can't be scraped off Natural fibers that are dyed or undyed manufactured fibers that are dyed or undyed Precious and semi precious gemstones and other minerals. So what does this mean this 1500.91 mean? It means that if you are making a children's product where lead testing applies lead testing applies to all children's products if they're meant for ages 12 and under and your product is made completely of one of the Substances listed here. Maybe it's completely made of wood Then you would fall under the lead testing exception a 1500.91 You can find out more information about the materials by visiting the actual regulation itself and by visiting our lead testing page At the site shown on your screen So the next testing requirement that applies to all children's products is lead in paint and surface coatings And this actually comes from our regulation 1303 the limit is 90 parts per million in paint or surface coatings And we define a surface coating as something that does not absorb into the substrate So it sits on the surface if you were to scrape a razor blade across the top then that substance would would flake off So unfortunately unlike lead, which we just talked about had some determinations that didn't Substances that didn't require lead testing lead in paint and surface coatings Does not have any exceptions or exemptions So if this if you're making a children's product and it contains paint or surface coatings Or if you're importing a children's product that contains paint or surface coatings, you're going to need to do lead in paint and surface coatings testing In this case the majority of screen printed fabrics generally require this test as Do painted zippers and snaps and in the case of painted zippers and snaps? They will need to be tested for both total lead content Which is going to be done on the substrate itself and lead in paint on the surface coatings themselves and again We have a lead in paint business education page that is available at this site shown on your screen Now the next test that I want to move on to is one that can sometimes trip folks up And that's actually phthalates testing phthalates are chemical plasticizers used in the production of many types of plastics also in certain inks paints and other products and This testing applies to the plasticized parts of both toys and child care articles So we've defined what a phthalate is. Let's define what a child care article is Well, a child care article is an item for a child under the age of three That facilitates eating or sleeping or helps a child in sucking or teething an example would be a children's bib Or children's sleepwear if it's meant for children ages three and under So we also have a phthalates business guidance page Which I would encourage everybody to visit the site is at the address shown on your screen So I mentioned we get a lot of questions about phthalates I think it's time for another audience poll and this one is going to be on phthalates So the question here is I am importing reusable cloth diapers that have plasticized components Do these diapers require phthalates testing and your options are yes or no All right answers are furiously coming in I'm going to give folks just a little bit more time to get their guesses in on whether or not reusable cloth diapers Plasticized components would require phthalates testing. All right, it looks like just about everybody has voted Let's see what we as a group thought the answer was It looks like the majority 79% thought that the reusable cloth diapers would require phthalates testing So let's see if everybody was correct This was kind of a tricky question the answer here is actually no Reusable cloth diapers are not considered child care articles and why is that well child care articles are defined as facilitating sleeping Feeding sucking or teething for children under age three and I know many of you are probably around children under the age of three a Lot more now than you used to be and I am aware that a child under the age of three does an awful lot of sleeping feeding sucking and teething Regardless of what they're wearing, but it's not the cloth diapers that are actually facilitating any of those four functions So as a result reusable cloth diapers are not child care articles and therefore would not require phthalates testing However, other examples of child care articles are children's sleepwear, which I mentioned in the previous slide infant and toddler bottles sippy cups utensils bibs pacifiers and Teeters and again, you can see our phthalates page for additional frequently asked questions So we've talked about what phthalates are we've talked about the types of products that require phthalates testing Let's actually talk about the phthalates that have to be tested for Phthalates testing comes from our regulation 1307 this became effective on April the 25th of 2018 and The regulation states that all children's toys and child care articles must not contain more than point one percent of Any of the following eight phthalates and each of the acronyms for the phthalates are listed after the eight phthalates shown Now keep in mind that I know I've mentioned this multiple times the phthalates testing applies only to the plasticized component materials So be that an ink a surface coating or an actual plastic part That's what the phthalates testing would apply to and each individual phthalates is subject to a separate point one percent limit Which means that you could in theory have a children's toy or child care article that contained Point one percent of every single one of these eight phthalates shown and that would not be exceeding the point one percent limit And it would be in compliance with our regulation 1307 So just as I mentioned there were testing determinations for lead or substances that you could make a product out of that wouldn't require lead testing our agency has Done the same thing for phthalates testing and we've made determinations regarding seven plastics This testing determination or testing exception comes from our regulation 1308 and this became effective actually in September of 2017, but re effective in April 2018 when we finalized our phthalates regulation The seven plastics if included in toys or child care articles are not required to undergo third-party testing for phthalates And they are polypropylene polyethylene hips ABS g pps mips and ships So I'm happy to pronounce all the chemical compounds, but I think for purposes of today's webinar It's probably best if we just rely on the acronyms because I think you know folks ask us about ships or mips And don't spell out super high-impact polystyrene So let's move on to children's toys by and large the largest Category of consumer products that we receive questions about for children's toys They have to comply with the toy standard final rule, which is our regulation 1250 Our regulation 1250 incorporated as mandatory ASTM of 963 dash 17 with a modification that sound producing pull push toys must comply with the testing requirements outlined in our reg at 1250.2 c instead of complying with the section for sound producing pull push toys from the toy standard So why do I point that out? Because that's the only modification that our agency put in place when we adopted as mandatory The US toy standard ASTM f 963 17 So if you are manufacturing or importing into the US a Pull push sound producing toy Then just know that the testing requirements that you'll need to comply with Art on the sound producing pull push toy are actually from our reg and not the section of the US toy standard other than that F963 dash 17 all the other sections are required except for flammability testing which I'll address in just a second In a little bit more detail. So the ASTM f 963 dash 17 toy standard applies to toys manufactured on or after February the 28th of 2018 and requires that toys be tested to all applicable standards The standard is available for purchase via ASTM dot org and it contains not only physical or mechanical Use and abuse type test for the toys, but it also contains a chemical testing requirement For eight heavy elements, which you'll hear more from Marcy about in the field screening demo videos Those eight heavy elements in the toy standard also include lead in our end section four point three point five point two So I mentioned sound producing pull push toys have a different Testing requirement applicable to them based on our reg flammability testing which is included in the US toy standard at section four point two is Not mandatory on toys that are not primarily intended to be used near a flame source So what does that mean? This actually comes from the CPSIA or public law 110 314 So this is from Congress to us An example of a toy that would be meant to be used near a flame source Would be something like a play tent if the advertising of the play tent shows children in the tent Outside with a campfire or a fire pit in front of them that would imply to a consumer when they were purchasing that product That it was meant to be used near a flame source in that case the CPSC would require flammability testing But that is an exception to the general rule Which is that you know something like a stuffed teddy bear is not primarily intended to be used near a flame source The CPSC would not require flammability testing on a stuffed teddy bear Despite the fact that there is a flammability testing requirement within the toy standard itself So we've talked about a lot of testing burden reduction type things on lead and phthalates There are also ones for children's products toys and childcare articles specifically the heavy elements in the toy standard If you are making a children's product toy or childcare article out of unfinished or untreated wood Our regulation 1251 which became effective in January of 2016 Says that toys made from unfinished and untreated wood do not exceed the heavy elements of the toy standard So unfinished and untreated wood means there's no added surface coatings such as varnish paint shellac or polyurethane And no materials added to the wood substrate such as stains dyes preservatives Antifungals or insecticides so this would be a Testing exemption for unfinished and untreated wood for children's toys that are subject to the heavy elements testing from the toy standard We have a similar or a companion regulation for engineered wood products That relates to lead testing the heavy elements testing from the toy standard and phthalates testing This is our regulation 1252 and it became effective in July of 2018 in this case products made from the following Engineered wood products are exempt from third-party testing for lead The ASTM F 963 heavy elements or phthalates So those three things are particle board hardwood plywood or medium density fiberboard and then lastly in terms of testing burden reduction if you are Making or importing a product that is comprised of unfinished manufactured fibers that The unfinished manufactured fibers themselves would not require testing for heavy elements to the US toy standard or phthalates testing And that's pursuant to our regulation 1253 this testing burden reduction became effective on July 1st of 2020 and states the following Products made from the following unfinished manufactured fibers are exempt from third-party testing for ASTM F 963 elements or phthalates So things something like a stuffed toy would be a good example of something that could be made from an unfinished manufactured fiber Would in general be subject to the heavy elements Chemical tests associated with the toy standard and phthalates testing applicable to children's toys if they were plasticized components but if you're making a stuffed toy out of polyester or peat nylon polyurethane Spandex viscose rayon natural rubber latex acrylic or moto acrylic then pursuant to our regulation 1253 you would not be required to conduct either heavy elements testing under the toy standard or Phthalates testing on that children's toy All right, let's move on to small parts Which is another section that that oftentimes trips folks up again our regulation here is 1501 It's also part of the toy standard section 4.6. It's known as small objects there Small parts present a choking aspiration or ingestion hazard You're going to hear a lot more about this from Marcy in the field screening demo videos a small part that's entirely into a small part cylinder and the reason that is shown in blue on your screen is because it's actually hyperlinked in your handout to the small part cylinder portion of our page That includes the dimensions of the small part cylinder for small parts Products that are intended for use by children under the age of three years cannot contain small parts They are actually banned products and products intended for children at least age three But less than age six which contains small parts as received must bear appropriate small parts warning labeling and that labeling Needs to be affixed to not only the product, but also advertising So I would encourage you if you are making or importing a product intended for kids between the ages of three and six That contains small parts as received You know something very small akin to a Lego Then you're going to want to make sure you meet the small parts labeling requirements of regulations 1500 point one nine fifteen hundred point two zero and fifteen hundred point one two one And again, those are hyperlinked in your downloadable handout So all children's products require that a children's product certificate be generated for them Domestic manufacturers or US importers certify the products comply with applicable product safety rules through the children's product certificate or the CPC It's required for all children's products. So anything meant for a child ages 12 and under would require a CPC and The CPC itself and the support and lab testing report must be in English and Issued by the domestic manufacturer or US importer You can find out more information about the requirements for children's product certificates Including what goes into a certificate in the seven sections by visiting our CPC website at the address shown on your screen If you do visit that site the great news is that we have two sample children's product certificates that are available on that site We've got one for a children's toy and one for children's clothing that you can basically use as a template to generate your own CPC So in terms of availability of certificates This is either a children's product certificate or a GCC a general certificate of conformity for a general use product Which we'll cover in a second three things to remember here The certificate must accompany each product or shipment covered by the certificate a Copy must be furnished to each distributor or retailer of the product Although there is no requirement that you provide it to the ultimate consumer and a copy must be made available upon request to CPSC and Customs Electronic certificates have been approved by the Commission the Commission voted by rule that Certificates in electronic form are acceptable. However, they must be reasonably accessible to the Commission So meaning our CPSC field folks have easy access to them And they must be created no later than the time of shipment or first distribution within the United States Per our regulation eleven ten point one three All right, so we've talked an awful lot about children's products as a whole Let's move on to the special category of durable infant or toddler products And what you're seeing on your screen is actually a screenshot of our durable infant and toddler products or durable infant or toddler products Business guidance page, which is available at the link shown at the bottom of your screen You'll see there are 25 Product categories that are listed there and the reason they're all shown in blue is because the great news So that our team in the small business ombudsman group has put together a business guidance page for each of these products So if you are importing an infant swing And you want to know what the labeling testing and certification requirements are for your infant swing Or you want to know the definition of an infant swing because you're not sure if you are importing one You can always go to the durables page click infant swings And it will take you right to the business guidance page until you each of the requirements for that product category So durable infant or toddler products those 25 categories that we just saw are all required To include a product registration card attached to the product and this is from our regulation 1130 the product registration card needs to be postage prepaid and And manufacturers of durable infant or toddler products are required to maintain records of the names addresses emails and other contact info of consumers who register their product Manufacturers of durables must also permanently place their manufacturer name and contact info Model name and number and the date of manufacture of each durable product onto the product itself And why is that so important? Well, those are the things you're actually asking the consumer to provide to you when they register their product with you You're going to need the manufacturer name and contact info Model number and name and the date of manufacture So you can find out more information about the requirements of product registration cards for durables By visiting our business education page at the link shown at the bottom of your screen downloadable in the handout All right, I can tell everybody is ready for another audience poll question because I you know, I think the first two were very tricky So now we've got our third one and it's on durables. I can't promise it's going to be less tricky The question here is is which of these products? Require a product registration card to be attached to the product and your option choices are a children's bicycle a High chair a pass the fire a stroller or a ride-on toy car and the good news here is you can select all that apply So I'm gonna publish this poll on your screen. I'm essentially asking which of these are durable products It's so neat to watch these poll answers come in. Thank you everybody for participating in the poll I'm gonna give you just a few more seconds to get your answers in again You can select all that applies so feel free to select as many of those five listed products As you think are durables and have a product registration card requirement applicable to them All right, it looks like just about everybody's voted. I'm gonna close the poll Let's see what we as a group thought the answer was here in terms of what required a product registration card okay It looks like high chair and stroller ran away with it But children's bicycle and ride-on toy car are pretty close So I would say by interpreting these results that high chair and stroller by and large were the winners So Let's see if you guys were right that those are the two product categories that require an attached product registration card See I can't fool you guys, you know your durable infant or toddler products You're exactly right The high chair and stroller are the two durables and they're the ones that require product registration card A children's bicycle does not it's actually a bicycle. It's not a children's toy It's not a durable So it does not require a product registration card a high chair is of course a durable So it does a pacifier is a child care article that facilitates sucking for a child under the age of three But it is not a durable infant or toddler product a stroller is so it requires the card And a ride-on toy car is a toy itself So it does not require a product registration card because it is not a durable All right, let's turn to Apparel we're going to talk about adult and children's apparel and the requirements here for general wearing apparel or day wear as we kind of term it because it is not sleepwear It's everything the sleepwear The day wear are subjected to the 1610 flammability testing requirements So this applies to all adult and children's wearing apparel The exceptions here are that hats gloves footwear and inner lining fabrics Do not need to comply with flammability testing as long as they meet the exceptions that are outlined in 1610 And on the flip side children's sleepwear must meet a more stringent standard than the flammability testing requirements of 1610 Just as i've done with the lead testing requirements and phthalates testing requirements and the heavy elements for a toy standard And i've talked about testing burden reduction and testing exceptions and exemptions There are flammability testing exemptions that i want to bring to your attention in 1610.1d Plain surface fabrics that are equal to or greater than 88.2 grams per square meter or 2.6 ounces per square yard Do not require flammability testing to 1610 Plain and raised surface fabrics made of any combination of these fibers regardless of their weight Also, do not require flammability testing exemptions and those are acrylic Moda acrylic nylon olefin polyester and wool So common non-compliant fabrics Are sheer 100 rayon Shear 100 silk 100 rayon chenille Certain rayon nylon chenille Certain polyester And cotton blends and 100 cotton fleece in addition to 100 cotton terry cloth Are common non-compliant fabrics with the flammability testing requirements So we talked a little bit ago about the fact that children's sleepwear Have a more stringent flammability testing requirement that is applicable to them Children's sleepwear means any wearing apparel sized larger than nine months through size 14 Intended to be worn primarily for sleeping or activities related to sleep Our agency has interpreted this to include Nightgowns pajamas robes or similar loungewear for children So those are all considered children's sleepwear by our agency And we look at several factors to determine if a garment is sleepwear including The product suitability for sleeping The likelihood the garment will be used for sleeping the garment and fabric features How it's marketed how it's merchandised or displayed and its overall intended use So children's sleepwear actually must pass the more stringent flammability requirements Of our regulation 1615 if it's size nine months to 6x or 1616 if it's size 7 to 14 And all fabrics and garments defined as children's sleepwear must be flame resistant and self extinguish or not continue to burn When removed from a small open flame ignition source There are three exceptions from children's sleepwear flammability testing If you fall into these exceptions, you will still need to meet the flammability testing requirements of 1610 Which we discussed earlier those three exceptions for children's sleepwear are diapers and underwear infant garments that are size nine months or younger and that is from our regulation 1610.1c Or tight fitting garments tight fitting sleepwear Has sizing limitations And this is something that we kind of have to explain to small businesses pretty frequently because this is complicated Tight fitting sleepwear would not need to meet the sleepwear flammability standard As long as it doesn't exceed the specific dimensions that are outlined in the regulations shown on your screen So if the children's tight fitting sleepwear is size nine months to 6x It needs to not exceed the dimensions in 1615.10 Or if the tight fitting sleepwear is size 7 to 14 It needs to not exceed the dimensions of 1616.2 m and again Even if you are making tight fitting children's sleepwear that does not exceed these dimensions It doesn't mean you're off the hook from flammability testing standpoint. You still have to comply with 1610 Which is the flammability of clothing textiles You also Are required for all children's tight fitting sleepwear to meet label and hang tag requirements and let's talk about what that means Do you see we've got two examples here The first is a neck label The neck label is required in all children's tight fitting sleepwear It needs to be at least five point sans serif font in all capital letters Set apart from other text by a line border on a contrasting background and not covered by other labels So you see two Examples here on the left hand side of your screen. You see a traditional top zone label that says in The box wear snug fitting not flame resistant On the right hand side of your screen in the red example You see printed in the neck label itself just actually printed onto the fabric It says wear snug fitting not flame resistant. So both of those would be compliant neck labels You also need to meet the hang tag requirement for children's tight fitting sleepwear And the hang tag must be yellow that color is actually specified in the code And the hang tag itself has dimensions that it must meet an example is shown in the bottom left of your screen And the aerial helvetica black 18 point font needs to be used and the text box Needs to meet the dimensions shown on your screen That yellow hang tag needs to state the following for child safety Garment should fit snugly. This garment is not flame resistant loose fitting garment is more likely to catch fire So the yellow hang tag shown here would be a compliant Children's tight fitting sleepwear hang tag All right, the last topic for children's apparel something that catches Importers and domestic manufacturers is draw strings The hazard here is that young children can be seriously injured or subject to fatal entanglement If the draw strings of their upper outerwear catch or snag Children's upper outerwear in sizes 2t through 12 cannot contain hood or neck draw strings And children's upper outerwear in sizes 2t to 16 with waist and bottom draw strings must meet astm 1816-97 So a question we often receive is what is children's upper outerwear defined as? Examples are jackets ski vests anoraks and sweatshirts And all children's upper outerwear should comply with the requirements of voluntary safety standard astm f 1816-97 to meet the draw string requirements from the cpsc And again, this is another topic area that We're going to see demonstration from marcy on how they field screen for draw strings in children's apparel All right, so we've made our way through the entire universe of children's products Let's talk for just a moment about general use products general use products are meant for age 13 and up They're not primarily intended for children ages 12 and under which would be a children's product. They're everything else and there is a certain universe of general use products that require a general certificate of conformity or a gcc And those are listed on your screen You can see there's many categories that are construction related. You see architectural glazing materials emberizing materials consumer patching compounds drywall Cellulose insulation You also see categories of goods that you're probably familiar with from a flammability testing standpoint things like carpets and rugs mattresses We've also got lighters there The reason that these general use products are shown on the screen to require a general certificate of conformity is because there is a regulation Or a safety rule associated with them in terms of labeling Or safety testing requirements and a sort of certification requirement flows from that So if you are wondering whether or not the general use product that you are importing or manufacturing requires a gcc I recommend that you visit our rules requiring a gcc page, which is hyperlinked at the bottom Of the screen and again available as a clickable link in the downloadable handout today All right, let's move on to probably the first new topic area For folks that attend a lot of our webinars much of the content that I've just discussed has been a bit of a refresher probably covid 19 related products When the pandemic started We started getting questions about all kinds of consumer related products That were linked to covid or prevention of coronavirus The first one and the most common one that we got questions about were consumer face masks that are not meant for medical use The things to remember here are that all consumer face masks are considered wearing apparel And they are therefore subject to flammability testing under our regulation 1610 If the consumer face mask Not for medical use is meant for children 12 and under based on sizing design marketing Those sorts of things will also be subject to total lead testing Lead in paint The testing must be conducted as cpsc accepted lab and it's a children's product So it requires a children's product certificate For consumer face masks They also want to draw your attention to the fact that there are testing exceptions and exemptions all of which we've covered today For flammability. They're at 1610.1 d and for total leg content if it's a children's face mask Those are at 1500.91 of our regulations We've also gotten questions about non medical gowns and gloves that are meant for patient or consumer wear They have the same requirements as face masks above so flammability For the gowns, uh, if there are children's gowns, you'd also have the total leg content led in paint testing at a cpsc accepted lab and cpc requirements For gloves gloves are likely exempted from flammability testing under 1610.1 c2 Which is a specific flammability testing exemption for gloves that meet certain dimensions Uh, and another question we've gotten quite frequently Is whether or not products that are disposable specifically disposable gowns need to be laundered Uh, that is part of the 1610 flammability testing requirement. The answer there is no Disposable gowns do not require laundering before flammability testing if they are not meant to be laundered in their traditional use meaning they are disposable All of this information is available on our new covet 19 related products business education page Which is available at cpsc.gov forward slash covet dash 19 The other category of products that we've gotten a lot of questions about are cleaning products So cleaning products things to remember here is that the poison prevention packaging act or pvpa Is under the cpsc jurisdiction It requires that products that contain any of the substances listed in our regulation 16 cfr 1700.14 Are in special packaging and again that regulation is hyperlinked in your handout So you can easily follow the link and look at the long list of substances that require special packaging If your product contains any of those substances you would need to meet the poison prevention packaging act packaging requirements For consumer cleaning solutions You also want to keep in mind that the federal hazardous substances act or fhsa Labeling may apply if it meets the fhsa definitions And again, there's more information about this on our covet 19 business education page linked at the bottom of the slide For soaps that are made of fats and alkalis those also fall under the jurisdiction of the cpsc and They would also potentially require fhsa labeling again if they met the definitions and again Best point of resource here or point of contact. I guess is probably To visit our covet 19 page to get more information there on soaps Hand sanitizers fall under the jurisdiction of the u.s food and drug administration or the fda There's more information on the covet page about that Disinfectants are actually under the jurisdiction of the u.s environmental protection agency Which maintains a list of registered disinfectants that list is hyperlinked Again in the downloadable handout And then uv or ultraviolet disinfecting devices are under the jurisdiction of the fda All right now i'll move on to a regulatory update And as promised i've started at present day and it actually goes backwards so to Get you accustomed to this chart on the left hand side i've listed the consumer product type In the middle i've got Both things the standard itself, which is the astm or ancy rova standard in the case of Atvs at the end of this list The safety standard and the regulation that incorporates that safety standard is mandatory In the center of the chart we've also made note of Times when our agency has incorporated as mandatory an astm standard with the modification and we've identified the modification where it was just a singular modification And then we've got the effective date on the far right So a few things to point out here. I won't belabor it. I know you guys you can certainly read and You are able to download the handout and have a copy of this for yourself But two of these consumer product categories have standards that are becoming effective after today's date In 2021 the first is gates and other enclosures That new standard will become effective July the 6th of 2021 and that is The first mandatory standard applicable to gates and other enclosures Handheld infant carriers have an updated standard going into effect on January 1st of 2021 On this next page. You'll see that there are Mostly durable products actually these are all durable products that have updated safety standards And these became effective from december 2019 running back through mid summer of 2019 Again, we've done the same thing here included the regulation number and also the mandatory safety standard that we've incorporated as mandatory in this case There were no modifications And then finally the last group going back to effective dates in january of 2019 We've got infant bathtubs portable hook-on chairs and all terrain vehicles I do want to bring two other things to your attention during this regulatory update We've got a lot of folks attending today The great news is we had a lot of interest in this webinar The even better news is is that tomorrow there is another webinar that our agency is participating in along with our Colleagues at health canada and prefeco in mexico And it is a north america toy safety seminar Happening tomorrow wednesday september the 23rd 2020 from 2 to 3 p.m. Eastern During that webinar the three agencies in north the government agencies in north america Are going to compare and contrast their toy safety standards And as i understand it there is even a handout There's a chart that shows you across north america what the toy safety requirements are for the u.s Canada and mexico if you are interested in attending that webinar you have the ability to register By following the link in the handout Available for download here. This is also available on our public calendar If you want to go to cpsc.gov And just find it on our public calendar as well, but we would love to have folks register For tomorrow's webinar and get to see cpsc health canada and prefeco presenting there The last topic that i want to cover in the regulatory update is that our agency is currently seeking public comment Under a regulatory flexibility act review of the product certification of children's products and the component part testing rules That's 1107 and 1109 If you have experiences that you would like to share or changes You would like to see in the component part testing rules or product certification requirements of 1107 or 1109 Please submit those to us by the deadline, which is friday october 23rd You have the ability to submit comments through the federal register by clicking the hyperlink in the downloadable slides All right, last thing here is our agency in january of 2020 published updates to our age determination guidelines That document had previously been issued in 2002 The updated january 2020 document can be found in the hyperlink on the screen And staff has begun using these updated guidelines to make age determinations as of june 1st of 2020 Why is this important? This is now what our agency is using to make age determinations On your consumer products that you're importing or manufacturing. So now if your product says 18 months plus on the side And there's a question as to whether or not that is appropriate And samples are collected marcie will talk more about this in her demo videos Samples are collected and they're sent to our testing lab and reviewed by our human factors staff They are going to be relying on these new age determination guidelines to make a determination of whether 18 months plus is an appropriate age grade for that product if you would like to see Basically a summary of the edits or the updates between 2002 and 2020 Your best bet is to watch the briefing to the commission on the updated document That's available on our cpsc youtube channel at the address shown on your screen All right, everybody who knows me knows that I couldn't do a presentation Without heralding the benefits of using the regulatory robot For those of you that have never used it the regulatory robot is meant to be a one-stop shop To ask you a few questions about your consumer product and generate For you an end report that tells you all the labeling testing and certification requirements applicable to that product It can be accessed at business.cpsc.gov forward slash robot and I always have to give a disclaimer Which is that the robot is for general informational purposes only and it's not meant to be legal advice The end report is generated based on information provided by the user So the questions and answers that you provide are going to generate that end report The benefits of using the regulatory robot Are taken a screenshot of the landing page within the regulatory robot Which asks you to pick whether your consumer product falls into one of nine categories, which are shown on your screen A few benefits here. You have a downloadable end report The end report that tells you your testing labeling and certification requirements Is unique And it has a shareable url Meaning you can copy the address Of that generated end report and paste it into an email and send it to your manufacturer in another country They can open the end report and if their primary language is not english They can easily toggle From english to another language Using the top row that is shown on your screen in navy blue Currently the regulatory robot is Multilingual and available completely in english Spanish simplified chinese traditional chinese and korean for most of the nine categories shown on your screen It's also available in vietnamese and bahasa indonesia for some of the categories shown on your screen Another business resource that you may find helpful are our business education pages. I talked about this on the durables Page showed that snapshot with the 25 product categories in light blue because they all had Their own business education page associated with them If you visit our business education landing page, which is cpsc.gov Forward slash business education. You'll see on the right hand side alphabetized a list of consumer products You can click on any of those consumer products and open up a page unique to that product category That will tell you all the requirements associated with that product type at last count. There were 58 Pages on the business education right rail, which is circled That are going to provide that information to you All right, the last Resource that I want to let you know about are our webinars just like today's webinar We've recorded many webinars historically and they are available via the cpsc youtube channel Which is at youtube.com forward slash us cpsc When you go to that page, you'll need to click playlist and business education. You can see there are 14 videos there Of interest may be our webinar on Certificates where we talk about how to make a children's product certificate what goes into one And show examples for different types of products We also go through general certificates of conformity and how to create those and when you need to create them That's a very popular webinar. Also popular is our stuff toys webinar where we actually have some stuff toys testing in the testing videos All right, with all that said Let me leave you with a few resources and then I'll take a few questions before I turn it over to marcy My name is shelby mathis. I'm the small business on buds man If you have questions that you would rather email then, you know, type into the box today You're welcome to email our group at sbo at cpsc.gov And you'll hear from any of the three folks on our team You're also welcome to give us a call at 301-504-7945 and leave us a voicemail if we don't answer And we'll get back to you and hopefully provide some helpful business guidance on a product that you're making or importing Can also follow us on twitter as cpsc small biz I mentioned a regulatory robot And its address is shown on your screen The desktop reference guide is a summation of all of the testing requirements or most of them that i've talked about today And then lastly, uh, I would be remiss if I didn't do a plug For our business newsletter. This is a monthly newsletter that I email out to folks that register to receive it Things that I include are upcoming webinars upcoming public hearings at the commission um Rules that are mandatory standards that are going into effect open comment periods Basically the things that I've shown you today if you think that's of interest to you Please go to cpsc.gov Forward slash email and sign up to receive our business newsletter You'll need to include your email and select small business ombudsman updates to get our newsletter Okay with that I am conscious of time and I am going to take Three questions from the audience Let me give myself just a second to review a few of the questions And I will read them out All right, I have a question here Does the cpsc require that a certificate either a cpc or a gcc Be submitted and approved by the agency prior to importing products The answer here is no we are not an agency that requires you to submit things or get pre-approval before importing However, there are two caveats there for specific product types, and they are lighters And they are atvs Are all terrain vehicles But for the most part that answer is no the cpsc does not require That your certificate be submitted and approved by the agency prior to importing and I guess with lighters and atvs I will caveat it. We're not looking for a certificate in that case We're looking for other information, but it does require contacting us before an import on lighters and atvs Does the cpsc require that my product testing be conducted in the us The answer there is no I mentioned earlier in the broadcast that Children's products must be tested at a cpsc accepted lab That is a requirement. However, cpsc accepted labs are all over the globe So if you are importing or manufacturing a children's product meant for ages 12 and under You do need to test at a cpsc accepted lab. However, we do not require you to test at a lab in the us For general use products There is not a requirement that you tested a cpsc accepted lab So if you're hearing that there is a requirement that you test in the us that may be a requirement Specific to the retailer or distributor with which you're working Okay, and last question and then I will turn it over to marcie Is if I am relying on testing determinations or exemptions that you've shown here How do I cite to them in a cpsc or a gcc? Great question. The answer is those citations should go in section 6 of your children's product certificate or general certificate of conformity and again It's a shameless plug for the robot, but I can't help myself One thing the robot does really well Is the end report that it generates is broken out by testing requirement And it will also highlight for you potentially applicable testing determinations that may benefit you And meaning that you don't need to get your product tested for lead because you fall under these testing exceptions If that's the case the robot actually tells you at the end of the section If you are relying on this testing determination exception exemption Site this in section 6 of your children's product certificate or general certificate of conformity So your best bet In properly citing those testing determinations or exemptions It's probably to run a report in the regulatory robot and just follow the recommendations there You can also of course always get more information By contacting us or by going to the individual product page on the business education landing page at cpsc.gov forward slash business education All right with that I am going to turn it over to my co-presenter Marcy van Winkle who is going to take it from here Hello everyone again marcy van Winkle here I am a compliance investigator with the office of import surveillance and I'm based at the Seattle Tacoma port So I am going to give you an overview of the import process And again as a disclaimer this presentation was Prepared by cpsc staff and may not necessarily reflect the views of the commission Okay, again the presentation agenda. I'm going to give you an overview of how cpsc functions at the port We're going to cover targeting screening Detention and conditional release processes And also what happens behind the scenes when products are being evaluated at our At our cpsc laboratory Also, we'll discuss the detention and violation rates for fiscal year 2019 And I will give you a brief overview Of the 2a messaging which again is set to roll out as early as this thursday september 24 2020 So i'm going to take you through this journey if you will through the cpsc port process We'll follow this flow chart from the beginning when the entry is filed to the end Which is ideally the release of cargo into commerce But as you can see and maybe even have experienced the end May actually be seizure of the cargo Now notice that this flow chart describes the import of ocean cargo So although the examination of cargo is similar between modes of transportation The targeting and detention procedures may differ significantly between seaports airports Border ports and express consignment ports such as the dhl fedex and ups But regardless of the mode of transportation The goal of cpsc is always to ensure that only safe and compliant products make it to the hands of consumers And we do this not only by screening products against the safety standards But also by providing product line specific guidance Directly to the importers and to the import community as a whole Okay, so here we are at the first step The customs broker has filed the entry into ace or the automated commercial environment Ace is a customs and border protection or cbp program And it's the primary system Through which the trade community reports imports and exports to the regulatory agencies And the government determines admissibility So how does cpsc target entries? Entries can be targeted for or by cpsc In typically three different ways The first is through the ctach program or the targeting the commercial targeting and analysis center And ctach is a cbp run program of which 11 partner government agencies are a part of Including cpsc, of course Fish and wildlife service FDA aphis And epa just to name a few Cpsc may have several ctach programs running at a time A couple examples of these programs could include One that hits on past violators and continues to target them until a pattern of compliance can be established Another example is a program that targets first time importers and manufacturers of children's products And the purpose of this program would be to ensure That new importers and manufacturers of children's products are complying with all applicable safety standards The second method of targeting is via the ram or the risk assessment methodology And the ram is a cpsc run program that feeds off the data entered into ace And ram is updated every couple of minutes and includes only tariffs within cpsc's jurisdiction Lastly exams can be targeted by customs Or cpsc or they can be customs exams and then referred to cpsc When product is discovered that may be under our jurisdiction So if an entry is not targeted and the the entry is released without an exam and the product is allowed to move into commerce But if an entry is targeted The container will move to a centralized exam station or a ces So the exam site is responsible for offloading the cargo into the warehouse And when the shipment is on the floor and ready for exam CBP will notify cpsc and we must take action within five business days Take action means either to release to detain or to conditionally release a shipment And we'll talk more about how this decision is made in a little bit Let me see if I can advance the slide here we go Okay, so what happens at the exam site So we screen products at the exam site And products are screened according to the applicable safety standards Listed here are the primary statutes the cpsc administers Other than the astm f 963, which is a voluntary standard However in 2008 the consumer product safety improvement act Mandated that the voluntary toy standard become a nationwide mandatory children's product safety rule So how do we screen products? Well, we screen products by using screening tools templates and screening guides The two main pieces of equipment we use are the xrf and the ftir And I will be giving you a brief demonstration of these two pieces of equipment in the next portion of this presentation We also use screening templates for certain types of products We have screening templates for small parts rattles pacifiers small balls toys with spherical ends and also an expanding materials template And again, some of these templates will also be demonstrated for you So here are some Types of products that we screen at the port These products are called regulatory products or regulated products because they have a mandatory Standard by which they must comply examples of these include clothing Durable infant toddler products rattles children's toys balloons and much much more Any product that is under cpsc jurisdiction, but does not have a standard or a ban A mandatory standard or ban is considered an unregulated product examples of these types of products may be like lawn chairs or bookshelves or adult snowboards basically any consumer product under cpsc's jurisdiction for which there is no standard or ban The burden to report defective or dangerous product to cpsc Lies with the us importers the us manufacturers The us distributors and the us retailers And defective or dangerous product must be reported to the cpsc Within 24 hours of becoming aware of the issue Okay, so we have arrived at the first poll question of this presentation Which product category does not have an applicable mandatory safety standard? So i'm going to put the poll Up for you and give you a minute or so to answer Your options are matches adult clothing bedrails or unicycles I see that the Answers are coming in I'll give you another Five seconds or so Okay, we'll close the poll And see what you have Answered it looks like the majority of you 41 percent Said unicycles with a close second of adult adult clothing. So let's see if you are correct The correct answer Is unicycles so matches adult clothing bedrails all do have an applicable mandatory safety standard Unicycles we do have a mandatory standard for bicycles A bicycle is defined as a two-wheeled vehicle having a rear A rear drive wheel that is solely human powered And it's also defined as a two or three wheeled vehicle With fully operable pedals and an electric motor That has that is of less than one horsepower And whose maximum speed on a paved level surface Is less than 20 miles an hour when powered solely by such a motor while ridden by an operator who weighs 170 pounds that's a mouthful But the short answer is because a unicycle is has a one-wheel It's not considered a bicycle and there is no mandatory safety standard Okay So here we are still at the port and we're screening product according to the standard If no violations are found The entry is considered clean and released into commerce as far as cpsc purposes go So what happens then when a product fails screening? When products fail screening samples are collected from the shipment and sent to the cpsc laboratory for testing When cpsc collects samples from an entry a receipt and a notice is provided to customs The customs broker and to the importer of record Whether a notice of detention or a notice of conditional release is issued depends on a variety of issues Including the severity of the potential violation The compliance history of the importer and also CBP's procedures for that court Okay, and the next we have another poll question already Who receives the cpsc notice of sampling and detention? Is it the broker the importer customs and border protection or all of the above? Go ahead and lock in your votes Wonderful. I see I see the votes coming in. We'll give you another five seconds Okay, and we'll close the the poll And look at your answers and it looks like Overwhelming majority said all of the above 91% and let's see if you are correct You are all correct. You're all geniuses. Yep, that's true the broker the importer and customs does Do all get the notice of sampling and and detention also the notice of sampling and condition release release Okay So here are the differences between a detention and a conditional release and then that shell In a detention the product is held at the centralized exam station or ces Until the completion of cpsc testing and evaluation Cpsc has our own detention authority, which is up to 60 days CBP's detention authority on the other hand is 30 days The 60-day detention can be extended and is extended on occasion But the majority of detentions last approximately 45 days In a conditional release the product is held at the us importer or consenese premises Until completion of cpsc testing and evaluation The product under the conditional release cannot be distributed and is held under the importer or the broker's cbp bond And just like in a detention Cpsc can hold product in the status for up to 60 days, which again can be extended In my experience as an investigator The majority of the time that detentions or conditional releases are extended beyond 60 days Are the instances Where the importer is unresponsive to cpsc's request for more information All right, we are moving at a fast pace. We have already gotten to our next poll question How long is cpsc's detention authority? Let's see if you've been paying attention. Is it 30 days? 60 days 90 days or we use cbp's detention authority Go ahead and lock in your votes Votes are coming in fast Okay, another five seconds Excellent, so we'll close the poll and we'll look at what you have voted Most of you in 75 percent have said that 60 days is cpsc's detention authority So let's see if you are correct And it doesn't look like I can fool you. You are correct 60 days Is cpsc's detention authority? Very good Okay, so here we are a potential violation has been detected And the decision to detain has been made And for the purposes of simplicity, we will also include the decision to conditional release in this step Okay, so what happens now? Where do the samples go? The units for one sample are sent to different offices within cpsc for testing and evaluation And the destination of the units is and the number of units collected is dependent on the type of product and the type of testing required In most cases a unit is sent to a compliance officer within the office of compliance Additionally, a unit could be sent to human factors Human factors is the office responsible for age grading the product And again, remember safety standards for children's products depend on the age of the child That product is primarily intended for Both human factors determines the product is intended for 12 plus Then the lead phthalate tracking label and certificate Certification requirements do not apply Again and likely likewise if a product is primarily intended for a child over three years Then the small parts requirements do not apply So the evaluation really begins at human factors to determine which safety standards the product must be tested against Several units may be sent for chemical or mechanical testing in the cpsc laboratory And again, the number of units is dependent on the potential violation And one unit is typically stored at our sample storage facility Samples are never returned to the shipment or to the importer after testing or evaluation We always collect the minimum number of units in order to complete the required testing Okay, so here we are again. The sample is at the lab Now what happens next? Well, if the lab report comes back clean The product did not produce small parts during use and abuse testing or the product was found not to contain excessive lead Then the compliance officer will review the cpsc laboratory test report to ensure it's complete And will issue to cvp the recommendation to release the product into commerce without condition If the product is Is confirmed violative by the cpsc laboratory The compliance officer again will review the test report Look at the firm's compliance history And if the product can be corrected or reconditioned The compliance officer may Allow the importer to correct the product by bringing it into compliance And if the product cannot be reconditioned or the importer has an extensive compliance history The most likely outcome is seizure to prevent the violative product from entering commerce So again the options for a violative product are seizure Reconditioning but also correct future production This option is typically allowed only for administrative type violations such as tracking label or certificate violations But again the compliance history of the importer is taken into account A firm that continues to import product without required tracking labels or certificates After having been warned For example may be subject to seizure of their products And when the decision has been made by the compliance officer either to seize release for reconditioning Correct future production or unconditionally release The compliance officer will issue a form 330 to customs And notice the violation to the importer if applicable Okay, so here we are at this point The product was found violative and the compliance officer has allowed the product to be reconditioned into compliance In most cases the importer is required to bring the product into compliance within 90 days But that Time period is always specified in the notice of violation The importer must provide proof of reconditioning which can come in the form of updated third party test reports and certificates pictures of reconditioned product And or a signed affidavit that the product is now compliant with all applicable standards In some cases a compliance investigator will be asked to physically verify that the reconditioning process has been completed And when completed another form 330 is issued to customs Requesting that the bond be removed from the product and releasing the product into commerce If the importer is unable to complete the reconditioning within the allotted period of time Or elects not to recondition the products for whatever reason whether it be the cost to do so or the time required is too extensive The compliance officer may require that the importer Redeliver the product back to the port for seizure or may allow the importer to destroy the product Okay, so here we have completed the process from entry to either released into commerce or seizure of the product So we're going to turn the page here into Exam and sampling statistics for fiscal year 2019 The first line in this table represents the number of entry lines scored in ram Now remember ram is our cpsc's internal targeting system which feeds from ace There were over 4.2 million entry lines scored in ram And one entry line may have multiple or one entry may have multiple entry lines And only the entry lines with a tariff under cpsc's jurisdiction And considered to be a priority for the agency are represented as scored in ram Now of those 4.2 plus million entry lines only point 21 percent Were examined at the port which is 8,816 exams Of those exams 2600 samples were collected 87 percent of the samples collected were found violative And of the violations found 48 percent were seized 14 percent were permitted to be reconditioned And 21.2 percent were allowed to be recon released into commerce With a notice notice of violation and with the understanding that future production would be corrected CFP is correct future production A very small number of products 10 in fiscal year 2019 Is allowed to be destroyed by the importer or or exported from the united states And the average detention time was 44 days This graph here is represents cpsc seizures by commodity You can see that children's toys were the majority of seizures Last fiscal year at 47 percent Followed by clothing and footwear at 23 percent and bags and backpacks at 8 percent The remaining products were under 5 percent baby toddler products hair dryers Art materials etc And this is a breakout of cpsc seizures by mode of transport overwhelmingly Ocean cargo or sea cargo was were was the number one mode of transport for seizures at 60 percent followed by truck at 21 percent Air cargo at 18 percent and rail at 1 percent And this is a breakout of violations by primary and secondary violations Your secondary violations are your administrative type violations like certificates tracking labels and product registration cards And the primary violations are your lead your mechanical, which is a small part chemical phthalates, etc Entries can have more than one violation type. So for example One product could be violative for certificates tracking labels and lead So take that into consideration, but overwhelmingly Three quarters of the products sampled were violative for certificates And nearly three quarters were violative for tracking labels As far as primary goes The lead was the number one violation at 20 percent Followed by small parts mechanical at 12 percent And then the last couple of slides is on two-way messaging So two-way messaging is a messaging system that will allow cpsc to communicate directly with cbp And the trade via ace within existing cbp messaging structures How will this affect filers? Well, the filers will receive an under review message from ace Which signifies that cpsc is reviewing the entry If no examination is required or if the allotted timeframe for review has expired CBP and the filer will receive a may proceed message If an examination or further review is required CBP and the filer will receive a hold intact notice or an intensive exam request The benefits of two-way messaging are that they it facilitates real-time communications among all trade parties By automating requests through ace cpsc can facilitate more effectively the flow of compliant products into the country While more effectively coordinating with cbp on removing non-compliant products from entering the marketplace And full rollout again as expected as early as this thursday september 24th september 24 2020 And we have arrived at our last polling question What is the first message the trade will receive from cpsc once two-way messaging is implemented? Is it under review? Hold intact Intensive exam Or may proceed I see the votes are coming in Thank you all for voting Okay, we'll give you another five seconds Okay, very good. Let's close the poll And see what you have said 89 percent overwhelming majority said under review Let's see if you are correct Very good under review That is the first message that you will receive from cpsc under review. Very good All right. Well that does it for this part of the presentation Again, i am marcie van winkel a compliance investigator with the office of import surveillance in the seattle field office Also on your screen. You see the contact information for the director of import surveillance and the deputy director of import surveillance I think I have a minute or two to answer a couple questions, so Let me see here Let's do some questions coming coming in or come in. Let's see. Here's one. I am a us importer of children's products My foreign manufacturer provides me with third-party test reports and a cp and a cpc prior To me importing my products. Is this acceptable? The short answer is no the regulations do state That children's product certificates must be issued by the importer if the product was manufactured overseas But by all means you can you can use that cpc that your manufacturer issued as a guide But you as the us importer Must issue it because you are certifying that the products you're importing mean all applicable u.s safety standards Okay, the next question I have Can I attach tracking labels to the product and packaging after they're imported into the united states The consumer product safety act actually requires that the tracking labels be on the product and packaging prior to import So you as a as an importer should work with your foreign manufacturers to to make sure your products are complying with the tracking label requirement prior to import But a note on tracking labels the term label can be a little bit misleading There are four tracking label elements required as shall be had mentioned And but all of these elements don't have to be on one label or in one place But as long as all of the elements are permanently affixed Somewhere on the product or the packaging as a whole Then the product is considered compliant for the tracking label requirement Okay, and I will I think I have time for one more question so under The under two-way messaging will my shipment automatically be stopped for an exam if it contains products covered under the tariff codes regulated by CPSC No Your shipments will not be automatically stopped There's it will only be stopped if there is an intensive exam requested or your But if it's under review status that will not hold your shipment Okay, so I think that's enough That's all that we have time for for questions. I'm gonna send it back to Shelby All right. Thank you marci for that excellent presentation on the importing overview Now we've got our field screening demo videos, which are going to last about 20 minutes This is going to actually be marci van winkel not just in your ears Via audio, but it's actually going to be videos of marci doing some field screening of products Before I start the video. I have two Disclaimers that I've got to say I wouldn't be a good CPSC employee if I didn't do this The products marci is going to show several products In these field screening videos and these products that are shown are Violative and marci will explain if they are violative and what they were violative for They're being shown for purposes of this demonstration only and for informational purposes It also doesn't represent the entire universe of children's toys She's going to show several children's toys or section 15j rule product. She's also going to talk about those Then the other thing I want to mention is that screening tools that marci is using in the upcoming videos Are again shown for informational purposes only and they're not meant to serve as an endorsement Of those field screening tools that she's using So with that said I will go ahead and start our video Hi, this is marci van winkel and I am a compliance investigator with the office of import surveillance In seattle washington, we're going to be showing you four short videos In which we are going to be doing a demonstration of the xrf and we're going to be screening a product for lead We're going to be doing a demonstration of the ftir and screening a sample for phthalates We're going to be looking at a llama sample, which is labeling of hazardous art materials act And we're going to be looking at a variety of products And evaluating them against the astm f 963 toy standard Looking at a product for small parts and also looking at a couple products That are considered substantial product hazards under the consumer product safety act 15j In this short video, we're going to do a demonstration of the xrf device We're going to field screen an exhibit for lead and an exhibit For the against the llama standard, which is the labeling of hazardous art materials act So this is a x-ray fluorescence device or an xrf for short And it's the device that investigators use in the field to detect hazardous elements in children's products And what I mean by elements are the elements listed in the periodic table of elements So of course we're interested in lead and also the The heavy elements listed in the astm f 963 toy standard Which are antimony arsenic barium chromium cadmium mercury and selenium So the xrf does this by using xrf fluorescence technology to determine And to quantify each element present in a sample And it does this by emitting a photon beam into a sample That excites the electrons in the atoms of the sample Displacing them which releases a specific energy And the xrf is able to determine the element present and the quantity of the element present based on the amount of specific energy released So for the purposes of this demonstration, we are going to be screening This children's product and it's a children's shoe So i'm going to be turning around and screening it behind me And when I do and I depress the trigger you're going to possibly see that the lights are flashing And that indicates to the user that there's radiation being emitted from the device So we need to be careful on where we're pointing it when the trigger is being depressed So i'm going to turn around and i'm going to place the xrf directly on the sample To press the trigger and within a matter of seconds it's going to give me a reading On the display and normally I would hold the trigger down for 30 to 60 seconds But for the purpose of this demonstration i'm going to stop And i'm going to show you what i'm seeing here So you can see that it is showing lead which is pb at 1,347 parts per million And we know that the legal limit for lead is 100 parts per million for lead content And 90 parts per million for lead and surface coating So this shoe is well above and beyond the legal limits for lead So if we were to come across this sample in the field we would collect random Random units from the shipment and send them send them to our laboratory for further analysis and testing Okay, so moving on to art materials An art material is any substance marketed as suitable For use in the creation of art and intended for users of any age We're going to be looking at a children's art material today Examples of art material include but are not limited to ceramics clay chalk colored pencils crayons markers paint and water color discs All formulations of art materials that are offered for sale to consumers of all ages in the united states must be evaluated By a toxicologist for the potential to cause adverse chronic health effects prior to such products being offered for sale After the chronic review has been performed toxicologists will recommend the appropriate statement to label that product such as conforms to ASTM D 42 36 and this statement can be placed on the product Or on the packaging as long as the consumer is informed that the products formulation has been reviewed So the products we're going to be looking at today Is this children's art set? And it's composed of three sharks a paint palette and a paintbrush So as we can see this product is a children's product. It's also marketed by the manufacturer for children. It says ages Three plus So it's a children's product. So not only are we going to be screening this product for against the llama standard But we're also going to be screening it for lead In all the components of the art kit We're also going to be looking for tracking information on the product on the front and on the back And on the product itself So in this case There was no lead in the product and so now we're going to be screening it for for llama standard And this is just looking for that statement conforms to ASTM D 42 36 And in this case the product did not have that statement on it So random samples were collected again into our laboratory for evaluation An analysis and it was determined that this product was violative for a llama In this next video, we're going to be doing a demonstration of the FTIR The AR uses infrared spectroscopy Which basically means that a light is passed through the tip of the device into a sample Some light is absorbed and some light is reflected And the FTIR looks for the missing light and uses that information to identify a sample The CPSC uses the FTIR to detect a certain set of band phthalates And phthalates are class of chemical additives Used as a plasticizer which imparts flexibility to otherwise rigid plastic currently eight band phthalates In toys and childcare articles under the consumer product safety improvement And when I mean childcare articles, I mean any articles that facilitate eating or sleeping for a child An example of this is the pacifier So the pacifier when we look at the pacifier Not only are we going to be screening this for lead In small parts, but we're also going to be screening the nipple portion for phthalates And what we would do in the field is cut a portion of this And put it into the holder of the device And then um, but for this purpose of the demonstration, we're not going to be cutting this But I do have a sample from our laboratory of a small piece of plastic Which does have confirmed phthalates in it So we would take the sample, which is just a very small piece Only a small piece is needed. We would put it in the holder of the sample in this little bull's eye here And we would take the device and Snap it into place press the scan button And I'm not sure if you can see that right now, but it is Scanning and now it is Performing the analysis And so what it's doing is it searching in the library within the device trying to match it to that sample We're analyzing you can see on the screen all of the different phthalates that this device has detected within the sample There's actually two pages and what's neat about this device is you can actually pick one And you can view the spectrum And it will show you the spectrum, which is actually a Molecular fingerprint of that molecule so if for some reason we would get a sample that Wasn't a clear reading we can actually look at the spectrum and compare it against known Spectrums for the band phthalates In this video, we're going to be screening four different products three of which are Toys according and we're going to be screening them against the astm f 96 to three toy standard But the first is the pacifier. We're going to revisit the pacifier We did speak a little bit about it during the last video about phthalates But also pacifiers must meet the requirements in 16 cfr 15 11 and how we do that is In the field we have a template and this and the dimensions of this template are broken out in the cfr And they're also in the astm f 96 three Because this is the same template that we would use for toy pacifiers Now this is not a toy pacifier. This is an infant pacifier, but it's the same template and how we would do this Is we would rest the pacifier on the template like so and Apply two pounds of pressure Of course, this is not Official testing i'm estimating two pounds of pressure and this is what we do in the field We do have other technical equipment that we can use but this is not official So in the course of applying two pounds of pressure if the pacifier were to Come through the template that could potentially be a failure of the pacifier safety requirements likewise if we were to apply 10 pounds of pressure and The pacifier were to break And produce small parts that would fit within the small part cylinder That would potentially be a violation of the pacifier standard In that case we would collect random units and send them to our laboratory for further analysis And we're going to be talking a little bit more about this small part cylinder in our next product Which is the children's drawing board So this drawing board is for children And that's one of the first questions that we ask ourselves in the investigator as an investigator in the field is Is this product for children because that is what Determines what safety standards we're going to evaluate this product and how we do that is by looking at four criteria and the first is a statement by the manufacturer about the intended use of the product And that statement can be found here. The manufacturer is saying that this product is intended for children Three plus three years and older second Whether the product is represented in its packaging display or promotion As appropriate for use by children And so here we see A picture of a child that looks to me about The age of maybe 18 months maybe two years So i am seeing as investigator the conflicting information On the age grade that for this product third We're looking at how the product is common would commonly be recognized by consumers as being intended for a child would would consumers Look at this as a child for a toddler or a little bit older and lastly Age determination guidelines which are issued by the commission And recently revised in january of this year 2020 and on our website for anyone To look at so those four criteria we're going to be looking at when age grading a product So also because it's a children's product obviously children's product. We're going to be screening this for lead Potentially phthalates But also i'm going to be screening this for small parts even though the manufacturer is saying three plus i'm seeing conflicting information and as an investigator i am not Authorized to make age determination guidelines. So i'm going to be playing it safe in the field and and screening this for small parts so the product Out of its packaging is here and It's just a drawing board. It's got a little paper over the The magnetic board here and it's got a couple magnets a pen and so this these magnets Here they come off And they're pretty small. So and they actually fit Well within the small part cylinder So this small part cylinder Represents the breathing tube or suffagus of a three-year-old child So any part that fits within the cylinder without breaking the plane is considered a small part And is banned within products that are intended for children under three So as an investigator because of the conflicting age determination The the the conflicting ages on the product I would collect this for small parts And i did and it was confirmed to violative for small parts And then the last product we're going to be looking at is this Polo long dinosaur And this product comes in three components and it's meant uh for some um The adult to put it together somewhat So the wooden dowel screws into the back of the dinosaur And then the other wooden dowel screws into the top of that and it's for a child to play It's a push-pull dinosaur So it was age graded by the manufacturer at 18 months plus So it's under three years of age. We're going to be screening this for lead and surface coatings again There's no plastics on the product. It's all wood and painted wood. So there's no phthalates to consider But we're going to be screening this for small parts Now this product doesn't not does not contain small parts as sold But upon field screening This product the eyes did come off And so they do fit well within the small part cylinder And also in some instances the beads came off fairly fairly easy So in addition to small parts though, there's another Standard that we can apply to this and that is astm section 432 and that certain toys with nearly spherical ends So certain toys with nearly spherical ends the requirement is aren't These requirements are intended to address a potential impaction hazard Associated with nearly spherical hemispherical circular flare or dome shaped ends on toys or components of toys Nearly spherical ends of toys or components of toys shall not be capable of penetrating the full depth of the cavity Of the supplemental test fixture when tested under the force of their own weight and in a non-compressed state And this is the test fixture the dimensions are broken out in the astm of 963 toy standard so in order to screen this the The spherical end cannot penetrate the bottom of this test fixture under its own weight, which it clearly does And it would be considered violative Under three conditions if three conditions are met The first is the component must weigh less than 1.1 pounds, which it does And the and the spherical end must adjoin a shaft or handle or support That has a smaller cross section, which as you can see it does And then the third criteria is that it is these are prohibited in toys that are up to 18 months Now if you remember the manufacturer age graded this product at 18 months plus So if we were to take that at face value that would put it out of the scope of spherical ends in toys this this regulation So because like I said, I am an investigator and not Authorized to make age determination guidelines. I collected the sample not only for small parts But to be evaluated For for the age determination by our office of human factors And they did come back and age grade this product at 12 months plus what did which did put it back into the Required to meet the astm spherical ends requirement. So this product would sound violative for small parts and spherical ends In this video, we will discuss products deemed as substantial product hazards by section 15 of the consumer product safety act A substantial product hazard is a product defect which creates a substantial risk of Injury to the public. There are four products that are deemed to be substantial product hazards. One is hand supported hairdryers that do not have Integral immersion protection The second is children's upper outerwear in sizes 2t to 16 that contain One or more draw strings The third is seasonal and decorative lighting products that lack certain safety characteristics and lastly extension cords that last that lack certain characteristics safety characteristics So in this demonstration, I have two of those products. The first is a hand supported hairdryer And I'm going to read to you what the cpsc defines as a hand supported hairdryer Hand supported hairdryers are defined as an electrical appliance intended to be held with one hand during use Which creates a flow of air over or through a self contained heating element for the purpose of drying hair The reason I read that to you is because this Sample that I'm showing you is not your typical hairdryer. It looks like a hairbrush But it does meet the definition of a hand supported hairdryer because it is an electrical appliance It's intended to be held with one hand during use and it creates a flow of air over and through a self contained heating element for the purpose of drying hair The purpose of having an integral immersion Protection in the device is to reduce the risk of electric shock if the hairdryer is immersed or comes in contact with water And this protection is provided in a block shape plug that incorporates a type of circuit interrupter And as you can see this product does not have the required integral immersion protection So when we're looking at these types of products in the field, it's simply a visual inspection We are determining whether or not it meets the definition of a hand supported hairdryer and we're looking Whether or not it has an integral immersion protection. In this case it did not Samples were collected for further evaluation and this product was found violative The second sample that we're going to be looking at are children's upper outerwear for draw strings and this is A children's poncho a wool poncho And it's the size two So the commission has determined that hood and neck draw strings on children's upper outerwear in sizes two t to 12 Are a stringulation hazard and a substantial product hazard So in this case, this is a children's upper outerwear in size two. It has neck or hood draw strings. It's a violation of 15 j so in this case just as in the hairdryers. It's a simple visual Examination we determine it if it is a children's upper outerwear and if it and if it is within the size restrictions Size requirements then if it contains draw strings, then it would be a prohibited product Samples were collected and evaluated at our lab and this was determined to be violative for draw strings Hi every hi everyone we recognize that it is at two hours now So we are going to be conscious of your time, but I did want to get To at least one port question one import question that was asked during the videos and that was That i'm importing a product that has been detained at the port I've imported a product that has been detained at the port in the past and the storage charges add up fast Is there an option for importers to pay an expedited fee in order to speed up cpsc testing And reduce the detention time The answer to that is unfortunately no All samples are processed by the cpsc in the order that they are received, but there is a few best practices Uh that your as an importer you can instill in the first is to be responsive to cpsc's requests for more information The second and probably the most important well equally important Anyway, is to make sure that your certificates and third party test reports even are Provided to your customs broker and uploaded with your entry documents to dis And so that way even before your shipment is imported cpsc may have the opportunity to review your documents and May elect not to examine your product based on your provided Certificates so very good question Shelby i'm going to turn it back over to you for questions All right, thanks so much marcie Um first off, I want to say we understand that if folks were attending By phone call for audio that they might have had trouble hearing the videos I think some folks were having problems with their media player properly playing the videos or hearing the audio there Our apologies the great news is that within days of today's webinar Everyone who registered so folks that attended today and people that registered but couldn't make it today Are going to get an email from elizabeth erdman just like you did on the registration side That email is going to contain a link to today's recording. So you do have the ability to watch The 20 minute video that we just saw of marcie doing field screening and hopefully hear audio at that time This is the last time where you guys are going to be able to download the handout of today's presentation with the links Via pdf so i want to remind you to do that Anybody who submitted questions we tried to get to almost every question that we could We know we've run three minutes over so we're conscious of that We're going to download the questions We didn't answer today and you will be hearing from either somebody an import surveillance or somebody From the small business ombudsman team with an answer to your question very soon And then the last thing i've got is that um a feedback survey is going to pop up on your screen once I end this webinar We are doing our absolute best to offer content that folks find useful We would really love your input It's one question and the ability for you to type in any comments that you would like for us to receive So with that I will say thank you so much for attending today Thank you to marcie as well for presenting with me if you have questions You've got our contact info on the screen and we hope you have a great safe rest of your day