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8/5/2010

Consumer Product Safety Commission Inspectors Now Responsible for Enforcement of Product Safety Laws at U.S. Ports of Entry

An article written by Cincinnati partner Robin E. Harvey, with assistance from summer associate Lourdes Perrino, appeared in the August 5th issue of the Bureau of National Affairs' Toxics Law Reporter publication. Titled "Consumer Product Safety Commission Inspectors Now Responsible for Enforcement of Product Safety Laws at U.S. Ports of Entry," the article highlights the implications of procedural changes in how goods are inspected as they enter the United States.

Prior to June of this year, “screening always had been performed by Customs inspectors, who could call in CPSC inspectors when they thought it necessary or appropriate,” the article notes. “The move to police ports directly includes procedures for CPSC independent of Customs and increases penalties for consumer safety violations very substantially.”

The article goes on to explain the reasoning behind the change. “These steps are intended to reassure Americans that the CPSC is serious about consumer protection, particularly as to imported goods,” Harvey writes. “They also communicate to American trade partners, however, that increased vigilance and tougher penalties do not necessarily mean the exclusion of goods. U.S. agencies have been meticulous in establishing the new practice as an act of protection, not protectionism. Properly tested and certified goods remain welcome and free of penalties.” 

Click here to read the complete article.