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This article has been provided the National Customs Brokers and Forwarders Association of America (NCBFAA) for your information:

CPSC Webinar Provides Insight on Managing the 1USG Messaging in ACE

Consumer Product Safety Commission (CPSC) officials joined with customs brokers in a stimulating and informative webinar on CPSC’s 1USG Messaging at Import on June 18. CPSC panelists Deputy Director Sabrina Keller and International Trade Specialist John Blachere explained and clarified key elements of their newly implemented messaging system.  Customs broker, Adam Lees of Geodis, who has experience with the messaging system since the original pilot was launched over a year ago, shared useful pointers and best practice tips. Mike Lahar of AN Deringer and chairman of the Regulatory Agencies Committee (RAC) kept the conversation moving as moderator, highlighting areas of confusion and concern.

John Blachere explained that whenever a broker files an entry for a product in one of 320 targeted HTS categories of CPSC-regulated products, the broker will receive an “Under Review” message in ACE from the CPSC. This message does not mean the product is being held or subject to physical exam, it simply signifies that CPSC is looking at the entry documentation.

Following the Under Review message, a broker will in most cases receive a “May Proceed” message. Less common, the broker may receive a “Hold Intact” or “Intensive Exam Requested.”

Blachere emphasized: The Under Review message does not mean the product cannot move from the port. “If CBP provides a release before CPSC issues a May Proceed, the shipment can move from the port and proceed on its journey to the importer’s warehouse,” Blachere explained. “If CPSC then decides that we need to do an Intensive Exam, we will make arrangements to come to the importer. There will not be a redelivery notice.”

Adam Lees of Geodis asked, “Can the importer distribute the product before CPSC issues the May Procced?” Blachere responded, “No, tell the importer to leave it in the warehouse. The broker should contact CPSC to see where it is in the process.”

The CPSC has established a clock to determine when a May Proceed (or alternatively, a Hold Intact) will be issued. The clock depends in part on whether the importer has a poor compliance history, no compliance history. In those circumstances, a May Proceed will issue within 8 business hours after arrival (for entries filed at least 3 days before arrival) for air/truck and 16 business hours for ocean shipments.  If the entry is filed fewer than 3 days before estimated arrival, or if no estimated arrival is provided, the May Proceed message will issue within 8/16 business hours after arrival or after the entry is received, whichever is later.

For importers with a good compliance history, the May Proceed will issue 5 minutes after actual arrival for all transportation modes, if the entry is filed more than 3 days before arrival.

If CPSC does not decide within the established times, a May Proceed will automatically issue.

Key takeaways from the discussion include:

• Once you get a CBP release, your goods may proceed from the port of arrival, but CPSC may require further information for shipments which are still “under review.”
• File early!
• Always provide an estimated arrival date.
• Make sure the arrival posts in ACE (or CPSC’s clock will not start). Contact the steamship line or carrier, if necessary.
• Don’t wait – if no message is received from CPSC, reach out to RAM-2way@cpsc.gov.
• Understand the clock and the sequencing of messages, so you know what to expect.
• Keep the communication going – with CPSC, with the importer.

For more information about the CPSC 1USG Messaging, go to www.cpsc.gov/imports. You can also view a replay of the webinar here.