Injury and Accident Law

Procedures for Obtaining Authorization to Recondition

Chapter 4 - Applications for Authorization to Recondition Violative Imports

This Chapter provides information to firms whose products have been sampled at a Port of Entry on the procedures to be followed in requesting authorization to recondition violative products. This Chapter also includes information on costs chargeable to firms for CPSC monitoring of the reconditioning process.

Procedures for Obtaining Authorization to Recondition

When CPSC notifies you in a LOA that a shipment of goods imported by your firm fails to comply with CPSC requirements, you may wish to recondition the goods to bring them into compliance with the applicable requirements. Before undertaking such reconditioning, however, you must request and obtain authorization from CPSC to do so before the goods will be released by U.S. Bureau of Customs and Border Protection.

The CPSC regulations at 16 C.F.R. § 1500.269 covering imported products subject to the Federal Hazardous Substances Act (FHSA) state that application for authorization to relabel or perform other action to bring violative goods into compliance with the FHSA may be filed only by the owner or consignee of the product. This procedure applies to violative imported products subject to all statutes administered by the Commission.

The application for authorization to recondition violative goods held at U.S. Bureau of Customs and Border Protection or released under bond must be submitted in writing to the Director of the Office of Compliance. The application must:

  1. Contain detailed proposals for bringing the article into compliance with CPSC requirements.
  2. Specify the time and place where the items will be brought into compliance and the approximate time for their completion. CPSC Form #332 may be used to submit this information to the Commission. A copy of the form generally is provided with the LOA or may be obtained by contacting the Compliance Officer.

If the request for authorization to recondition is granted, the CPSC staff will notify you in writing (or via CPSC Form #332 if the application was submitted using the form), that authorization has been granted. The notice from CPSC will specify:

  1. The procedure to be followed;
  2. Who will supervise the reconditioning (normally CPSC or U.S. Bureau of Customs and Border Protection personnel);
  3. A time limit for completing the operation;
  4. Such other conditions as are necessary to maintain adequate supervision and control over the article.

If you need an extension of time to complete the reconditioning, you must submit a request for an extension in writing to the Director of the Office of Compliance. The request must contain reasonable grounds for the extension, and the Director may grant additional time for completing the reconditioning as he or she deems appropriate.

Once you submit an application and it is approved, you may amend the application by filing an amended application with the Director of the Office of Compliance, stating reasonable grounds for the amendment. The Director may approve such a request for amendment as deemed appropriate.

If ownership of the goods covered by the authorization to recondition changes before the goods are reconditioned, the original owner will be held responsible, unless the new owner has executed a bond and obtained new authorization.