Procedural Changes for Shipments Detained for Product Safety Violations

(World Trade Interactive)

U.S. Customs and Border Protection has announced that effective June 14 the Consumer Product Safety Commission is implementing the use of its detention authority under the Consumer Product Safety Improvement Act of 2008. As a result, unless there is a customs violation, CBP will no longer detain CPSC-regulated products under 19 USC 1499; instead, CPSC will detain under its own authority and CBP will act as custodian of the merchandise.

Notices of detention will be issued by CPSC to the importer with copies to CBP and the customs broker. These notices will provide a description of the suspected violation, a citation of the statute governing the suspected violation and contact information for the CPSC officer. All concerns related to a CPSC detention should be addressed to the CPSC contact and not to CBP. However, if a shipment is detained under both CBP and CPSC authority, detention notices will be issued by both agencies and resolution will need to be sought with both to obtain release of the shipment.