Baltimore CBP and the CPSC Seize Children’s “Activity Cubes” due to Potential Choking Hazard.

ToyScreengrab

Above photo is a screengrab from the Customs website showing the seized children’s mini activity cubes.

As the U.S. Customs and Border Protection (CBP) functions as the USA’s border security agency – CBP enforces hundreds of laws from different agencies. For example, CBP may seize imported automotive parts that violate Department of Transportation regulations or CBP may seize counterfeit and tainted foods products that violate Food and Drug Administration rules.

On January 15th, CBP officers in Baltimore examined a shipment of toys valued at $5,600 from Hong Kong and submitted samples of the toys to the Consumer Products Safety Commission (CPSC). CBP officers initially sent this sample to the CPSC because the toys appeared to contain potential choking hazards.

CPSC subsequently tested the activity cubes and determined the toys violated the small parts requirement of the Federal Hazardous Substances Act [15 USC §1263]. A copy of the FHSA can be found at this link: https://www.cpsc.gov/s3fs-public/fhsa.pdf

Unfortunately for this importer, they won’t be able to get their goods and may face further penalties from Customs. If you have had your imports seized by Customs due to DOT, CPSC, FDA or any of the other alphabet soup of government agency regulations, please call David Hsu at 832.896.6288, or by email at dhsu@givensjohnston.com, free consultations.

Importers of “durable infant or toddler products” now includes children’s folding chairs and stools.

pexels-photo-374756.jpegIn early December, the United States Consumer Product Safety Commission (CPSC) approved the final rules for Safety Standard for Children’s Folding Chairs and Stools. The final amended rule to 16 CFR Part 1130 includes children’s folding chairs and stools.

As indicated in the Federal Register, the “Commission considers folding stools to be a subset of folding chairs. The configuration of children’s folding chairs and folding stools are similar”. As the designs are similar, the Commission found the potential hazards in the folding mechanism are also similar.

The final rule amends section 1130.2(a)(13) to make clear that children’s folding chairs and children’s folding stools are now considered durable infant or toddler products.

The CPSC gives suppliers 6 months to come into compliance with the new standard and the final rule will apply to products manufactured or imported on or after June 15, 2018.

Producers and importers of infant and toddler products must follow safety standards to minimize the risk to children using the products. Additionally, the nation’s border security agency, CBP, enforces over 400 laws regulated by about 40 different agencies (such as the CPSC) at 328 air, land and sea ports of entry.

If you or your company receives any notices from CBP or the CPSC and you would like a free consultation, please do not hesitate to contact David Hsu at 713.932.1540 or by email at dhsu@givensjohnston.com