The editor of this blog would like to make a correction to the statement posted few days ago about CBP/CPSC joint webinar presentation. In the blog notice, it was stated that “one cannot make any specific conclusions about CPSC / CBP cooperation procedural applications to its business.” That is incorrect statement. Procedurally, notices of detention will come not from CBP pursuant to 19 USC 1499, but rather from CPSC pursuant to CPSIA of 2008. CBP will still act as a custodian (i.e. it will hold on to the goods, until CPSC gives a green light), but the importer will need to deal with CPSC officials before asking CBP officials to release the goods. According to CBP/CPSC MOU, CBP offices will be staffed with CPSC personnel (“CPSC has dedicated employees serving at 10 of the biggest ports of entry alongside CBP inspectors”), so on the surface it may look like communication is done with one entity. It is not.
Read “Procedural Changes for Shipments Detained for Product Safety Violations“, and “CPSC to Begin Issuing Import Detention Notices instead of Customs” for further acquaintance with the matter.