Customs Announces New Importer Self-Assessment-Product Safety Pilot Program

October 29, 2008

On October 21, 2008, Customs and Border Protection (CBP) announced that it has created a new, voluntary pilot program with the goal of reducing unsafe imports, the Importer Self-Assessment-Product Safety Pilot (ISA-PS).   ISA-PS, although it is an expansion of the Importer Self-Assessment Program (ISA), involves not only CBP but the Consumer Product Safety Commission (CPCS); both of these agencies will be working with importers to achieve safety compliance.

Application to be part of the ISA-PS is open to all importers who are ISA participants, starting October 29, 2008.  To participate, applicants must be an active ISA member and comply with all ISA requirements and obligations, complete an ISA-PS/CPSC Questionnaire, sign an ISA-PS/CPSC Addendum, agree to comply with relevant laws such as for example the Consumer Product Safety Act, agree to maintain an internal control system that ensures the integrity of product safety, agree to notify CBP of any major organizational changes that might affect its product safety controls, and agree to submit an annual written notification to CBP that sets forth its ISA-PS point of contact and acknowledges that it continues to meet ISA-PS obligations.  However, not all applicants will be selected for the ISA-PS pilot program; some importers will be selected by CBP and CPSC and undergo risk assessment to determine their readiness to assume responsibilities for self-assessment.

CBP and CPSC have been working together to develop a list of best practices and to develop procedures allowing them to verify that companies have adequate safety controls and processes and to ensure compliance with CPSC regulations.   CBP and CPSC have also developed a list of anticipated benefits to encourage participation in the pilot program.  These benefits may include: a product-specific CPSC point of contact who can assist in providing National Electronic Injury Surveillance System (NEISS) Product Codes for entry lines, CPSC special training concerning product safety compliance, internal controls, and CPSC audit trails, the opportunity to apply for external participation coverage of multiple business units (multiple IOR numbers) identified in the ISA-PS/CPSC Addendum, possible expansion of benefits to all products of approved participants if the entry line(s) contains all the applicable NEISS product code(s), reduction of CPSC product safety tests on goods imported by ISA-PS participants, priority ``front of the line' treatment at CPSC laboratories of ISA-PS participants when product safety testing is conducted, potentially allowing products to be destroyed by the ISA-PS participant in lieu of requesting redelivery to CBP of the product, acknowledgement by CPSC of the importer’s participation of ISA-PS in CPSC's ``Fast-Track Product Recall Program', and additional benefits tailored to specific industry needs as may later become available.  CBP additionally notes its belief that ISA-PS participants will enjoy greater business certainty because of a reliable system of internal controls ensuring compliant product safety transactions. 

To remain in the pilot program, the ISA-PS participant must remain an active ISA member and comply with all ISA obligations (including those listed in the Addendum), provide annual notification to CBP that it continues to meet ISA-PS requirements, and make ongoing changes to internal controls as needed.  If an importer fails to meet these obligations, it may be removed from the ISA-PS program upon 30 days notice (or immediately, where there is a pressing public health or safety concern).

ISA participants who are interested in participating in the new pilot program can get the ISA-PS/CPSC Questionnaire and Addendum by emailing isa@dhs.gov.   Currently, the intention is that CBP and CPSC review the pilot program after 2 years to determine whether it is effective enough to become a permanent program.