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U.S. Consumer Product Safety U.S. Consumer Product Safety CommissionCommission

This presentation has not been reviewed or approved by the Commission and may not reflect its views

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Consumer Products Exported to the Consumer Products Exported to the United StatesUnited States

Who is Responsible for Safety?Who is Responsible for Safety?

This presentation has not been reviewed or approved by the Commission and may not reflect its views

Richard O’BrienRichard O’Brien

Director, Office of International Programs Director, Office of International Programs and Intergovernmental Affairsand Intergovernmental Affairs

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Imported Products AreImported Products AreEssential for the U.S. EconomyEssential for the U.S. Economy

and Represent Important Revenue for the and Represent Important Revenue for the Exporting Economy. Exporting Economy. But Know the Rules But Know the Rules

BeforeBefore You Agree on the Order! You Agree on the Order! U.S. Consumer Product Safety CommissionU.S. Consumer Product Safety Commission Department of TransportationDepartment of Transportation Department of CommerceDepartment of Commerce Environmental Protection AgencyEnvironmental Protection Agency Department of AgricultureDepartment of Agriculture

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Imported Products AreImported Products AreEssential for the U.S. EconomyEssential for the U.S. Economy

and Represent Important Revenue for the and Represent Important Revenue for the Exporting Economy. Exporting Economy. But Know the Rules But Know the Rules

BeforeBefore You Agree on the Order You Agree on the Order!! U.S. Food and Drug AdministrationU.S. Food and Drug Administration Department of Homeland SecurityDepartment of Homeland Security Federal Communications CommissionFederal Communications Commission Department of EnergyDepartment of Energy Some States Some States

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U.S. Consumer Product U.S. Consumer Product Safety Commission (CPSC)Safety Commission (CPSC)

An independent federal agencyAn independent federal agency Established May 1973Established May 1973 Responsible for Consumer Product Safety Responsible for Consumer Product Safety

functions of the Federal Governmentfunctions of the Federal Government Three Commissioners, appointed by the Three Commissioners, appointed by the

President and confirmed by the SenatePresident and confirmed by the Senate

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Will You Be Trading in Any of 15,000 Will You Be Trading in Any of 15,000 Types of Consumer Products?Types of Consumer Products?

““. . . any article, or component part thereof, produced or . . . any article, or component part thereof, produced or distributed (i) for sale to a consumer for use in or around a distributed (i) for sale to a consumer for use in or around a

permanent or temporary household or residence, a school, in permanent or temporary household or residence, a school, in recreation, or otherwise, or (ii) for the personal use, recreation, or otherwise, or (ii) for the personal use,

consumption or enjoyment of a consumer in or around a consumption or enjoyment of a consumer in or around a permanent or temporary household or residence, a permanent or temporary household or residence, a

school, in recreation, or otherwise…”school, in recreation, or otherwise…”22

2 Section 3(a)(1) of the Consumer Product Safety Act, 15 U.S.C. § 2052 (a)(1)

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NotNot Within CPSC Jurisdiction Within CPSC Jurisdiction“… “… any article which is not customarily produced or distributed for any article which is not customarily produced or distributed for

sale to, or use or consumption by, or enjoyment of, a consumer…”sale to, or use or consumption by, or enjoyment of, a consumer…”33

Alcoholic beverages, tobacco, firearms and explosives (BATFE) Alcoholic beverages, tobacco, firearms and explosives (BATFE)  Motor vehicles and equipment (NHTSA) Motor vehicles and equipment (NHTSA)  Pesticides (EPA)Pesticides (EPA) Aircraft (FAA)Aircraft (FAA) Boats (Coast Guard)Boats (Coast Guard) Food and drugs (USDA and FDA)Food and drugs (USDA and FDA) Occupational products (OSHA)Occupational products (OSHA) Fixed-site amusement park rides (State jurisdiction)Fixed-site amusement park rides (State jurisdiction)

3 Section 3(a)(1)(A) of the Consumer Product Safety Act, 15 U.S.C. § 2052 (a)(1)(A)

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Laws That Give CPSC Jurisdiction Laws That Give CPSC Jurisdiction Over Consumer ProductsOver Consumer Products

Whether Made in USA or ImportedWhether Made in USA or Imported

Consumer Product Safety Act (CPSA)Consumer Product Safety Act (CPSA)

Federal Hazardous Substances Act (FHSA)Federal Hazardous Substances Act (FHSA)

Flammable Fabrics Act (FFA)Flammable Fabrics Act (FFA)

Poison Prevention Packaging Act (PPPA)Poison Prevention Packaging Act (PPPA)

Refrigerator Safety Act (RSA)Refrigerator Safety Act (RSA)

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Other Jurisdictional IssuesOther Jurisdictional Issues Manufacturers, distributors and retailers:Manufacturers, distributors and retailers: all all

equally responsible and liable under the actsequally responsible and liable under the acts4 4 (but (but common carriers are specifically excluded)common carriers are specifically excluded)55  

Exported goods:Exported goods: excluded from jurisdiction unless excluded from jurisdiction unless the Commission finds such export presents an the Commission finds such export presents an unreasonable risk of injury to consumers within unreasonable risk of injury to consumers within the United Statesthe United States66

Preemption:Preemption: all state and local regulations that all state and local regulations that conflict with CPSC regulationsconflict with CPSC regulations addressing the addressing the same riskssame risks77

4 Section 15 (b) of the Consumer Product Safety Act, 15 U.S.C. § 2064(b)5 Section 3 (b) of the Consumer Product Safety Act, 15 U.S.C. § 2052(b)6 Section 18 (a)(1)(B) of the Consumer Product Safety Act, 15 U.S.C. § 2067(a)(1)(B)7 Section 26 (a) of the Consumer Product Safety Act, 15 U.S.C. § 2075(a)

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Product Safety StandardsProduct Safety Standards CPSA provides for regulations CPSA provides for regulations

(mandatory) and private sector (mandatory) and private sector consensus (voluntary) product safety consensus (voluntary) product safety standardsstandards

Regulatory process for a mandatory Regulatory process for a mandatory standard can be started by vote of the standard can be started by vote of the Commission or by a petition from an Commission or by a petition from an interested partyinterested party

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Product Safety StandardsProduct Safety Standards Private sector consensus voluntary Private sector consensus voluntary

standards are developed in standards are developed in cooperation with the CPSC staffcooperation with the CPSC staff

CPSC statutes set a preference for CPSC statutes set a preference for consensus voluntary private sector consensus voluntary private sector standardsstandards

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Standards Exist to Standards Exist to Prevent…Prevent…

Reporting RequirementsReporting Requirements1010

Manufacturers, retailers and distributors must report Manufacturers, retailers and distributors must report immediately to the Commission if they obtain immediately to the Commission if they obtain information which reasonably supports the conclusion information which reasonably supports the conclusion that the product:that the product:

contains a defect which could create a contains a defect which could create a ““substantial product hazardsubstantial product hazard,”,” oror

creates creates ““an unreasonable risk of an unreasonable risk of serious injury or deathserious injury or death..””

10 Section 15 (b)(1),(2),(3) of the Consumer Product Safety Act, 15 U.S.C. § 2064(b)

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Primary Voluntary Standard Development Coordinators Utilized

for Consumer Products ANSI (American National Standards Institute)

Motorized Equipment Lawn & Garden Equipment Household Products Safety Labeling

ASTM International (formerly American Society for Testing and Materials) Children’s Products

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Primary Voluntary Standard Development Coordinators Utilized

for Consumer ProductsNFPA (National Fire Protection Association)

ElectricalFire Suppression (sprinklers, fire

extinguishers)Fueled Devices

Underwriters Laboratories (UL)Electrical and other products

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CPSC Mandatory Toy Standards CPSC Mandatory Toy Standards Title 16 CFR, Part:Title 16 CFR, Part:

1117. Reporting of choking incidents involving 1117. Reporting of choking incidents involving marbles, small balls, latex balloons and other small parts marbles, small balls, latex balloons and other small parts

1500.18 Banned toys and other banned articles 1500.18 Banned toys and other banned articles intended for use by children. intended for use by children.

1500.19 Misbranded toys and other articles for use 1500.19 Misbranded toys and other articles for use by children. Markings for Small Parts/Toysby children. Markings for Small Parts/Toys

1500.40 Method of testing toxic substances.1500.40 Method of testing toxic substances. 1500.47 Method for determining the sound pressure 1500.47 Method for determining the sound pressure

level produced by toy caps.level produced by toy caps. 1500.48 Technical requirements for determining a 1500.48 Technical requirements for determining a

sharp point in toys and other articles intended for use by sharp point in toys and other articles intended for use by children under 8 years of age.children under 8 years of age.

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CPSC Mandatory Toy CPSC Mandatory Toy Standards Title 16 CFR, Part:Standards Title 16 CFR, Part: 1500.49 Technical requirements for determining a 1500.49 Technical requirements for determining a

sharp metal or glass edge in toys and other articles sharp metal or glass edge in toys and other articles intended for use by children under 8 years of age.intended for use by children under 8 years of age.

1500.50 Test methods for simulating use and 1500.50 Test methods for simulating use and abuse of toys and other articles intended for use by abuse of toys and other articles intended for use by children.children.

1500.51 Test methods for simulating use and 1500.51 Test methods for simulating use and abuse of toys and other articles intended for use by abuse of toys and other articles intended for use by children 18 months of age or less.children 18 months of age or less.

1500.52 Test methods for simulating use and 1500.52 Test methods for simulating use and abuse of toys and other articles intended for use by abuse of toys and other articles intended for use by children over 18 but not over 36 months of age.children over 18 but not over 36 months of age.

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CPSC Mandatory Toy CPSC Mandatory Toy Standards Title 16 CFR, Part:Standards Title 16 CFR, Part:

1500.53 Test methods for simulating use and abuse of toys 1500.53 Test methods for simulating use and abuse of toys and other articles intended for use by children over 36 but not and other articles intended for use by children over 36 but not over 96 months of age.over 96 months of age.

1500.85 Exemptions from classification as banned hazardous 1500.85 Exemptions from classification as banned hazardous substancessubstances

1500.86 Exemptions from classification as a banned toy or 1500.86 Exemptions from classification as a banned toy or other banned article for use by children. other banned article for use by children.

1500.121 Labeling requirements; prominence, placement, and 1500.121 Labeling requirements; prominence, placement, and conspicuousness.conspicuousness.

1500.230 Guidance for lead (Pb) in consumer products.1500.230 Guidance for lead (Pb) in consumer products. 1500.231 Guidance for hazardous liquid chemicals in 1500.231 Guidance for hazardous liquid chemicals in

children's products.children's products. 1505 Requirements for electrically operated toys or other 1505 Requirements for electrically operated toys or other

electrically operated articles for use by childrenelectrically operated articles for use by children

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What are Importer’s* Responsibilities?What are Importer’s* Responsibilities? Safety ConsciousnessSafety Consciousness Specifications (standards)Specifications (standards) Mandatory and Voluntary CertificationMandatory and Voluntary Certification TestingTesting Market SurveillanceMarket Surveillance ReportingReporting Corrective ActionCorrective Action____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

* * Importer and Supplier Must Work TogetherImporter and Supplier Must Work Together

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Basic ResponsibilityBasic Responsibility Under the Consumer Product Safety Act, Under the Consumer Product Safety Act,

the term “manufacturer” is defined to the term “manufacturer” is defined to include any person who imports a include any person who imports a consumer product.consumer product.

ImportersImporters, although reliant on foreign , although reliant on foreign producers, are producers, are directly responsibledirectly responsible for for the safety of products they bring into the the safety of products they bring into the United States.United States.

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Safety ConsciousnessSafety Consciousness Do your homework – know exactly which Do your homework – know exactly which

standards apply to the product you plan to standards apply to the product you plan to sellsell Mandatory standards are the bare minimumMandatory standards are the bare minimum Consensus standards will help avoid troubleConsensus standards will help avoid trouble

Learn the safety issues Learn the safety issues beforebefore you make a you make a deal, not afterdeal, not after Use the information from CPSC websiteUse the information from CPSC website Sign up to receive notice of CPSC recallsSign up to receive notice of CPSC recalls Talk to experts in the fieldTalk to experts in the field

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Communicating SpecificationsCommunicating Specifications Importers and manufacturers must have a Importers and manufacturers must have a

clear understanding of clear understanding of exactlyexactly which which standards need to be metstandards need to be met

Itemize the mandatory standards that applyItemize the mandatory standards that apply Specify consensus standards and other Specify consensus standards and other

safety requirementssafety requirements Foreign manufacturers/suppliers should Foreign manufacturers/suppliers should

insist on a list of which mandatory and insist on a list of which mandatory and consensus standards applyconsensus standards apply

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Some Products Require CertificationSome Products Require Certification Section 14 of the Consumer Product Safety Section 14 of the Consumer Product Safety

Act requires certification of some Act requires certification of some consumer products consumer products

Under this law, which dates from 1972, the Under this law, which dates from 1972, the term “certification” has a different meaning term “certification” has a different meaning than it does in recent international usagethan it does in recent international usage

Certification under section 14 is more like Certification under section 14 is more like a “supplier’s declaration of conformity”a “supplier’s declaration of conformity”

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Which CPSC Standards Currently Which CPSC Standards Currently Require Certification?Require Certification?

Section 1201 architectural glazingSection 1201 architectural glazing Section 1202 matchbooksSection 1202 matchbooks Section 1203 bicycle helmetsSection 1203 bicycle helmets Section 1205 walk-behind power lawn mowersSection 1205 walk-behind power lawn mowers Section 1210 cigarette lightersSection 1210 cigarette lighters Section 1212 multipurpose lightersSection 1212 multipurpose lighters Section 1213 bunk bedsSection 1213 bunk beds OthersOthers More in the future possible – stay current!More in the future possible – stay current!

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Who Must Certify?Who Must Certify? Section 14 applies to “every manufacturer” of a Section 14 applies to “every manufacturer” of a

product that is subject to a CPSA standard [it product that is subject to a CPSA standard [it does not apply to bans or to standards/bans does not apply to bans or to standards/bans under other Acts implemented by CPSC]under other Acts implemented by CPSC]

The term “manufacturer” includes each U.S. The term “manufacturer” includes each U.S. importer of a product as well as the original importer of a product as well as the original manufacturer (manufacturer (unless exempted by CPSC ruleunless exempted by CPSC rule))

Section 14 also applies to a private labeler if Section 14 also applies to a private labeler if the product bears a private labelthe product bears a private label

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What Does Certified Mean?What Does Certified Mean? Section 14 requires the issuance of a certificateSection 14 requires the issuance of a certificate Must certify that the product conforms to all Must certify that the product conforms to all

applicable consumer product safety standardsapplicable consumer product safety standards Must Must specify any standardspecify any standard that is applicable that is applicable Must Must accompany the productaccompany the product or otherwise be or otherwise be

given to any distributor or retailer of the productgiven to any distributor or retailer of the product Must state the name of the issuer and include the Must state the name of the issuer and include the

date and place of manufacturedate and place of manufacture

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Basis for CertificationBasis for Certification Each certificate must be based on a test of each Each certificate must be based on a test of each

product product oror a a reasonable testing programreasonable testing program The Commission may prescribe reasonable The Commission may prescribe reasonable

testing programs for products requiring testing programs for products requiring certificationcertification

Any test or testing program may be conducted Any test or testing program may be conducted by a qualified, independent third party, but the by a qualified, independent third party, but the Commission cannot require third-party testingCommission cannot require third-party testing

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Failure to Certify ImportsFailure to Certify Imports

Section 17 of the Consumer Product Section 17 of the Consumer Product Safety Act states that a product offered Safety Act states that a product offered for importation for importation “shall be refused “shall be refused admission”admission” if it is not accompanied by a if it is not accompanied by a certificate required by section 14certificate required by section 14

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Certification ViolationsCertification Violations CPSA Section 19(a)(6) makes it unlawful for CPSA Section 19(a)(6) makes it unlawful for

any person eitherany person either to to fail to furnishfail to furnish a certificate required by a certificate required by

section 14; orsection 14; or to to issue a false certificateissue a false certificate if the issuer has if the issuer has

reason to know it is false or misleading in reason to know it is false or misleading in any material respectany material respect

Knowing violations of section 19 are subject Knowing violations of section 19 are subject to civil penalties; knowing and willful to civil penalties; knowing and willful violations are subject to criminal penaltiesviolations are subject to criminal penalties

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Certification Under Other StatutesCertification Under Other Statutes

The new Standard for the Flammability The new Standard for the Flammability (Open Flame) of Mattress Sets contains (Open Flame) of Mattress Sets contains its own certification requirement [ § its own certification requirement [ § 1633.12(a)(6) ]1633.12(a)(6) ]

Advance Notice of Proposed Rulemaking Advance Notice of Proposed Rulemaking for Fireworks discusses the possibility of for Fireworks discusses the possibility of adding a certification requirementadding a certification requirement

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Expansion of Mandatory Expansion of Mandatory Certification Is LikelyCertification Is Likely

Bills pending in Congress could Bills pending in Congress could make certification requirements make certification requirements applicable to other products, applicable to other products, particularly toysparticularly toys

Importers and their suppliers must Importers and their suppliers must perform due diligenceperform due diligence

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Other Certification RequirementsOther Certification Requirements Third-party certification may be required by Third-party certification may be required by

others for imported productsothers for imported products For example, some States require For example, some States require

certification of electrical products by certification of electrical products by recognized organizations like UL, CSA, recognized organizations like UL, CSA, ETLETL

Retailers may require certification for Retailers may require certification for certain products they sellcertain products they sell

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Voluntary Third-Party CertificationVoluntary Third-Party Certification Certification by an independent third party is Certification by an independent third party is

meaningful in many settingsmeaningful in many settings CPSC takes certification into account in CPSC takes certification into account in

sampling products for testing (e.g.,AFSL-sampling products for testing (e.g.,AFSL-tested fireworks are generally sampled less tested fireworks are generally sampled less frequently)frequently)

Failure to comply with consensus standards Failure to comply with consensus standards can create problems in product liability suitscan create problems in product liability suits

Consumers recognize and buy safer productsConsumers recognize and buy safer products

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TestingTesting Importers and suppliers should make sure Importers and suppliers should make sure

that products meet all CPSC standards at a that products meet all CPSC standards at a minimumminimum

To avoid problems, samples should be To avoid problems, samples should be tested randomly, early and oftentested randomly, early and often

The cost of testing is a tiny fraction of the The cost of testing is a tiny fraction of the costs associated with recalls and violationscosts associated with recalls and violations

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Market SurveillanceMarket Surveillance Make sure you have a system for keeping Make sure you have a system for keeping

track of consumer complaints involving track of consumer complaints involving products in which you tradeproducts in which you trade

Pay attention to information from the Pay attention to information from the CPSC Clearinghouse [www.cpsc.gov] CPSC Clearinghouse [www.cpsc.gov] and reports from your retailersand reports from your retailers

Early identification of problems can Early identification of problems can avoid bigger problemsavoid bigger problems

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ReportingReporting

Importers must report to the CPSC Importers must report to the CPSC immediately if they learn that one of immediately if they learn that one of their products does not comply with a their products does not comply with a mandatory standard or ban under the mandatory standard or ban under the Consumer Product Safety ActConsumer Product Safety Act

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ReportingReporting

Failure to comply with a mandatory Failure to comply with a mandatory standard or ban under other laws standard or ban under other laws administered by the CPSC may constitute administered by the CPSC may constitute a reportable defect a reportable defect

Failure to meet consensus voluntary Failure to meet consensus voluntary standards may make a product defective standards may make a product defective and require a report to CPSCand require a report to CPSC

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Reporting WiselyReporting Wisely

Don’tDon’t assume that an incident without assume that an incident without injury means there’s no problem injury means there’s no problem

DoDo evaluate product failures to determine evaluate product failures to determine what what couldcould have occurred in worst case have occurred in worst case

Don’tDon’t wait to finish exhaustive wait to finish exhaustive investigation before telling CPSCinvestigation before telling CPSC

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Corrective ActionCorrective Action The CPSA provides for three The CPSA provides for three

alternative remedies in the case of the alternative remedies in the case of the recall of a product that creates a recall of a product that creates a substantial product hazardsubstantial product hazard1010::

RepairRepairReplacementReplacementRefund of purchase priceRefund of purchase price

10 15 U.S.C. § 2064(d)

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Corrective ActionCorrective Action

Not every safety issue requires a Not every safety issue requires a recall, but it is important to learn recall, but it is important to learn from mistakes and prevent the from mistakes and prevent the same problems from happening same problems from happening againagain

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Preventive ActionPreventive Action

Preventive action is better than Preventive action is better than corrective action, corrective action, for everyonefor everyone

Importer / Supplier must work as Importer / Supplier must work as a team. Everyone wins or a team. Everyone wins or everyone loses.everyone loses.

FACTORS OF CONFORMITY

Pa Z

q e

Conformity With Export Market Safety Standards

FACTORS OF CONFORMITY

Pa Z

q e

Pa = Pressure (production relative to capacity)

FACTORS OF CONFORMITY

Pa Z

q e

Z = Deviation potential (local or 3rd country standards relative to export market standards)

FACTORS OF CONFORMITY

Pa Z

q e

q = Quality oversight (level of supply chain quality management)

FACTORS OF CONFORMITY

Pa Z

q e

e = Enforcement (level of regulatory enforcement, including penalty )

FACTORS OF CONFORMITY

Pa Z

q e

Conformity With Export Market Safety Standards

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Questions?Questions?

Office of International Office of International ProgramsPrograms

Richard O’Brien, DirectorRichard O’Brien, Directorrobrien@cpsc.govrobrien@cpsc.gov