Update: February 9, 2026
Since our January 27 alert on CPSC eFiling (see below), CPSC has now published its list of approximately 600 “flagged” HTS codes. CPSC staff has identified these codes as likely to be used for products subject to mandatory standards or considered higher risk by the agency. Importers using one or more flagged HTS codes should expect electronic warning messages if complete certificate information is not provided at entry, and may face increased scrutiny of affected shipments.
Originally published January 27, 2026
Prior Alert
Earlier this month, the U.S. Consumer Product Safety Commission (CPSC) hosted a webinar to prepare importers, brokers, and trade partners for the transition to mandatory electronic filing (eFiling) of data from product certificates of compliance. With more than 700 stakeholders in attendance, the webinar marked the start of the six-month countdown to implementation of CPSC’s new eFiling rule, which takes effect on July 8, 2026, for most imports, and on January 8, 2027, for products entering from foreign trade zones.
As companies prepare for this shift, it is important to understand how existing compliance obligations will be affected by earlier and more systemic data submission. The Poison Prevention Packaging Act (PPPA) applies broadly to orally administered prescription drugs, which generally must be distributed in child-resistant packaging unless an exemption applies, as well as to certain OTC drugs and consumer products depending on formulation. With PPPA compliance information increasingly surfaced at the time of import, companies across the life sciences and consumer products sectors should review their packaging practices and assess both child safety and accessibility considerations.
Although Children’s Product Certificates (CPCs) and General Certificates of Conformity (GCCs) have broadly been required for new consumer products within CPSC’s jurisdiction since 2008, the eFiling Final Rule introduces a new electronic submission process designed to provide CPSC and U.S. Customs & Border Protection (CBP) with more product data at the time of import. Certificate data will have to be entered for all import shipments subject to certificate requirements. This marks a dramatic change from the process in place since Congress established certificate requirements nearly two decades ago, under which CPSC typically collected certificate data only after targeting a specific shipment for review.
The January 2026 webinar opened with an overview of eFiling methods:
- Full Partner Government Agency (PGA) Message Set, under which all certificate information is submitted for each shipment through CBP’s Automated Commercial Environment (ACE) system; or
- Reference PGA Message Set, which draws from certificate data previously submitted and stored in the CPSC Product Registry.
CPSC staff emphasized that the agency has no preference between these methods, but noted that it will make more sense for businesses to store their product data in CPSC’s Product Registry if it expects to have recurring shipments of the same or similar products.
CPSC staff provided insight into how the agency intends to promote compliance with certificate requirements through Harmonized Tariff Schedule (HTS) “flagging.” According to the agency, they expect to publish a list of approximately 600 HTS Codes for which at least half of the included products normally require a CPC or GCC, or that include products of special enforcement interest.
Starting on July 8, 2026, importers using one or more of the flagged HTS Codes for their shipment can expect to receive an electronic warning message if complete certificate information has not been provided. Shipments with flagged codes are more likely to be subject to examination at the port of entry. CPSC’s flagging process does not change the requirement of eFiling for all imported products that must have a CPC or GCC, whatever the applicable HTS Code.
CPSC plans to use eFiled data extensively to target imported products for inspection and potential seizure. During the webinar, CPSC staff reviewed how the agency informs importers about the status of their shipments. When a shipment is designated as “Under Review,” CPSC is reviewing the submitted eFiled information. Although such shipments can be taken to the importer’s warehouse or other storage location, they cannot be introduced into commerce (i.e., sent to distributors, retailers, or consumers) until CPSC issues a “May Proceed” message.
A “May Proceed” status message indicates that CPSC has cleared the shipment, though CBP or another federal agency might still delay the shipment. Shipments selected for further examination will receive an “Intensive Exam” message (for shipments that are still at the port) or a “Hold Intact” message (for shipments that have left the port). CPSC’s website provides detailed information regarding the agency’s product detention processes.
The party responsible for a shipment (such as the manufacturer or importer of the products) is ultimately responsible for complying with CPSC’s certificate requirements. In practice, particularly for GCCs, some firms have relied on CPSC’s “upon request” review process to update or generate certificates after receiving a documentation request from the agency.
Under eFiling, however, CPSC will require certificate information to be submitted before and during the entry process, and the agency plans to target shipments for which certificate data are absent or suggest an elevated risk of non-compliance with substantive safety requirements.
Firms importing products under one of CPSC’s flagged HTS Codes should anticipate scrutiny of their eFiling submissions, including review by CPSC personnel and/or AI tools. It is especially critical that the responsible party has an up-to-date CPC or GCC prepared before shipping, enabling complete eFiling and prompt response to an agency request for supporting documentation.
- For both CPCs and GCCs, firms must identify and list every CPSC product safety rule that applies to the product. Businesses that have not undertaken a comprehensive review of their product certificates should do so well in advance of the July 8, 2026 deadline.
- Where a product classified under a flagged HTS Code does not require a CPSC certificate, importers can greatly reduce the likelihood of shipment delays by eFiling a Disclaimer Message Set. A disclaimer informs CPSC that the product falls outside CPSC jurisdiction, has no applicable CPSC safety requirements, or is being imported pursuant to formal enforcement discretion. This approach signals that the importer understands CPSC’s requirements and has a reason for not submitting certificate data.
Firms that anticipate doing eFiling internally (rather than through a customs broker, for example) may wish to enroll in CPSC’s “Voluntary Stage” program, which allows businesses to test their electronic systems before eFiling becomes mandatory. Other importers may wish to use the Voluntary Stage to confirm their ability to create a business account and give access to their intended filer(s). CPSC indicated during the webinar that while the Voluntary Stage can accommodate up to 2,000 importers, only approximately 500 business accounts have been created to date.
The January webinar offered no indication that CPSC is backing away from implementing eFiling on July 8, 2026. Several factors suggest an extension is unlikely. First, it appears no deal-breaking technical issues have emerged in the Voluntary Stage testing. Second, the CPSC Commissioners set the July 8 deadline by rule, and there is a significant question whether the current Commission, operating with a single Commissioner and no quorum, is able to change it; staff-level enforcement discretion would have to fill the gap. Third, to the extent industry raises concerns about increased burdens on imports, the Trump Administration may be unsympathetic, as eFiling is required only for imported products, and domestic production is a way to avoid eFiling obligations.
Companies that manufacture, import, distribute, or sell imported consumer products should be actively preparing for the July 8, 2026 deadline by reviewing the CPSC certification requirements for their products and generating, updating, or collecting certificates as required. Once CPSC issues its list of approximately 600 flagged HTS Codes, products imported under those classifications should receive particular attention, including contingency plans for shipment delays or product seizures.
Importers may wish to participate in CPSC’s Voluntary Stage to test their readiness for eFiling, and companies that work with importers should confirm their partners’ preparedness. Businesses that import through an authorized customs broker acting as the importer of record should also determine in advance which parties the broker is authorized to designate as responsible for fulfilling CPSC testing and certification requirements.
For additional information on the eFiling Rule and its implications, see our article, CPSC Revises Requirements for Certificates of Compliance.
If you have any questions concerning the material discussed in this client alert, please contact the following members of our Product Safety, Investigations, and Recalls Practice Group.
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