FAQs: Durable Infant or Toddler Product Consumer Registration

June 18, 2013

General Requirements

 

What is the consumer registration requirement for durable infant or toddler products?

In order to improve recall effectiveness, Congress has required that manufacturers of covered products:

  • Provide consumers with a postage-paid consumer registration form with each product;
  • Maintain a record of the names, addresses, e-mail addresses, and other contact information of consumers who register their products; and
  • Permanently place the manufacturer name and contact information, model name and number, and the date of manufacture on each durable infant or toddler product.

 

Which durable infant or toddler products are covered by this rule?

The rule applies to the following product categories: full-size cribs and non-full-size cribs; toddler beds; high chairs, booster chairs, and hook-on chairs; bath seats; gates and other enclosures for confining a child; play yards; stationary activity centers; infant carriers; strollers; walkers; swings; bassinets and cradles; children's folding chairs; changing tables; infant bouncers; infant bathtubs; portable toddler bed rails; and infant slings.

 

Is a product registration card required to be attached to each component of a multifunctional system?

No.  A single product registration card attached to one of the principal components is sufficient. 

 

Does the rule cover accessories of these products?

 

No, accessories sold independently of the nursery product are not covered by the registration rule.

 

Who is required to comply with this rule?

The domestic manufacturer or the importer (of foreign made products) is responsible for compliance.

 

I am an importer of durable infant goods, but I do not actually manufacture these goods. What do I need to do to comply with the rule?

The importer is responsible for complying with all of the requirements of the rule (which are summarized in response to the first question above). See 16 CFR § 1130.3. The rule applies to "manufacturers" of durable infant or toddler products. However, for a foreign-made product, the manufacturer is the importer of the product.

 

Marketing and Labeling

 

How must the product be marked or labeled?

Each durable infant or toddler product shall be permanently marked or labeled with the manufacturer's name and contact information (U.S. address and telephone number, toll-free if available), model name and number for the product, if applicable, and the date of manufacture.

The marking or labeling must be permanent (i.e., reasonably expected to remain on the product during its useful life). The marking or labeling must be legible, in English, and in a location on the product that is conspicuous to the consumer. See 16 CFR § 1130.4.

 

Is marking or labeling a condition of admissibility of a product?

Yes. Section 104(d) of the Consumer Product Safety Improvement Act states that the product registration rule, which contains these requirements for marking or labeling, is a consumer product safety rule. A consumer product that fails to comply with an applicable consumer product safety rule shall be refused admission. 15 U.S.C. § 2066(a)(1). Alternatively, the CPSC may request that Customs and Border Protection (CBP) seize and forfeit the product under the Tariff Act.

 

What if my product is not marked or labeled at the time it is imported?

If a product is not marked or labeled at the time of importation, it still may be physically entered into the United States, but it will not be deemed legally admissible into the United States until marking or labeling occurs.

The product can be entered into the United States for warehousing, and it can be marked or labeled in the warehouse before it is withdrawn for consumption. You can file a consumption entry with Customs and Border Protection (CBP), and the product may be released conditionally by the CPSC and CBP under the CBP basic importation bond for the purposes of marking or labeling the product at the importer's premises or another location agreeable to the CPSC and CBP.

If an importer seeks to use these options to mark or label its product, the product is subject to an inspection by CPSC staff to verify that the newly affixed markings and labels satisfy the requirements.

 

If my product is released conditionally, how much time do I have to provide the correct marking or labeling?

The CPSC will notify the importer of the duration of the conditional release period on a case-by-case basis, although the typical timeframe will be 30 days. Individual circumstances concerning the type of product and the complexity of marking and labeling will be taken into account.

 

If the product is released conditionally, but labeling or marking doesn't occur, what can happen?

A failure to mark or label a product, as required by the product registration rule, or inadequate marking or labeling of a product, will result in the product being refused admission into the United States by the CPSC. See 15 U.S.C. § 2066(a)(1). Alternatively, the CPSC may request that Customs and Border Protection (CBP) seize and forfeit the product under the Tariff Act.

 

If merchandise is refused admission because of a failure to mark or label, what happens?

If a product is refused admission, it must be destroyed at the importer's expense or exported under government supervision. Failure to export or destroy the product will result in the assessment of liquidated damages against the importer, usually in an amount equal to three times the value of the product upon entry into the United States. Alternatively, the CPSC may request that Customs and Border Protection (CBP) seize and forfeit the product under the Tariff Act.

 

If I have imported merchandise and I don't want to mark or label the merchandise to bring it into compliance, can I export the product from the United States even if it hasn't been refused admission formally?

Yes. If the product arrives without the required marking or labeling, you can export the product under a Customs and Border Protection (CBP) in-bond entry for export without having to mark or label it, and there is no need to file a consumption entry. If you have filed a consumption entry and ask for a conditional release, you can export the product even before the CPSC refuses admission. But you must notify the CPSC and CBP if that is your decision, and then you must follow CBP instructions regarding exportation.

Registration Cards

 

What information must the cards contain?

Registration cards must state all information in English, include the manufacturer's name, the model name, and number for the product, and the date of manufacture, and they must include an option for consumers to register through the Internet. Registration cards also must include a statement that information provided by the consumer shall not be used for any purpose other than to facilitate a recall of or safety alert regarding that product. See 16 CFR § 1130.5; see also, 16 CFR § 1130.6 for format and § 1130.7 for text of the registration card.

 

How must the cards accompany each product?

The cards must be attached to the surface of each infant and toddler product so that the consumer can notice and handle the form after purchasing the product. See 16 C.F.R. § 1130.5(c).

 

Is having the accompanying registration card a condition of admissibility of the product?

Yes, because the registration card is a requirement of a consumer product safety rule.

 

What if my product does not have the registration card accompanying the product at the time it is imported?

If a product does not have the registration card accompanying the product at the time of importation, it still may be entered physically into the United States, but it will not be deemed legally admissible into the United States until the registration card is properly affixed.

The product can be entered into the United States for warehousing, and it can be marked or labeled in the warehouse before it is withdrawn for consumption. You can file a consumption entry with Customs and Border Protection (CBP), and the product may be released conditionally by the CPSC and CBP under the CBP basic importation bond for the purposes of affixing the product registration card at the importer's premises or another location agreeable to the CPSC and CBP.

If an importer seeks to use these options to affix the product registration card, the product is subject to an inspection by CPSC staff to verify that the newly affixed product registration card satisfies the requirements.

 

If the product is released conditionally, but a product registration card is not properly attached, what can happen?

A failure to attach a product registration card as required by the product registration rule, or inadequate marking or labeling of a product, will result in the product being refused admission into the United States by the CPSC. See 15 U.S.C. § 2066(a)(1). Alternatively, the CPSC may request that Customs and Border Protection (CBP) seize and forfeit the product under the Tariff Act

 

If my product is released conditionally, how long do I have to provide a registration card?

The CPSC will notify the importer of the duration of the conditional release period on a case-by-case basis, typically 30 days. Individual circumstances concerning the type of product and the complexity of attaching the accompanying registration card will be taken into account.

 

If merchandise is refused admission because of a failure to attach a registration card, what happens?

If product is refused admission, it must be destroyed at the importer's expense or exported under government supervision. Failure to export or destroy the product will result in the assessment of liquidated damages against the importer, usually in an amount equal to three times the entered value of the product. (See 19 C.F.R. § 113.6(m)). Alternatively, the CPSC may request that Customs and Border Protection (CBP) seize and forfeit the product under the Tariff Act.

 

If I have imported merchandise and I don't want to attach the accompanying registration card to bring it into compliance, can I export the product out of the United States even if it hasn't been formally refused admission?

Yes. If the product arrives without being in compliance, you can export the product under a Customs and Border Protection (CBP) in-bond entry for export, without having to bring it into compliance; and there is no need to file a consumption entry. If you have filed a consumption entry and ask for a conditional release, and then you decide that you don't want to attach the accompanying registration card, you can export the product even before the CPSC refuses admission, if you decide that you don't want to attach a registration card to the product. You must notify the CPSC and CBP if that is your decision and follow CBP instructions regarding exportation.

 

If a product is sold at retail without the registration card, will the government look to the importer for redress?

If the importer did not make registration cards available, or failed to attach the registration cards to the products that are subject to the requirements, the importer may be held liable.

 

Is the importer required to establish a website for the purpose of registration as required by 16 C.F.R. § 1130.8?

No. The importer may use a website established by others, or the importer may provide an e-mail address where consumers can send their registration information, but only if the importer lacks a website for consumers to register their products. If importers provide an e-mail address, the e-mail address must be set up to provide an automatic reply to confirm receipt of the consumer's information. Limited information is required for the consumer to submit the registration form.

Recordkeeping and Notification

 

What records must a manufacturer maintain?

The manufacturer must maintain a list of registrants and all information provided by those registrants in their registration forms.

 

What are legitimate uses of our consumer product record of registrants?

The record of registrants may be used only to notify registrants of a voluntary or involuntary recall or of another safety alert regarding the product. Records shall not be used or disseminated for any purpose other than to facilitate a recall of or safety alert regarding that product.

 

How long must the manufacturer maintain the records of consumer registration?

Records must be maintained for not less than six years after the date of manufacture of the product.

 

Is the importer of the product required to maintain a record of registrants for each product as required by 16 C.F.R. § 1130.9?

Yes. If necessary, the importer is allowed to use the facilities and capabilities of a third party located in the United States for maintaining these records.