CPSC at the Border: Challenges for Importers

When they think about US Customs and Border Protection (CBP), they think tariff payments and anti-dumping litigation. Increasingly, those worlds collide at the border as CBP, at CPSC’s direction, puts shipments on hold for safety review and testing at US seaports. Most detentions we see involve ocean containers, with waterborne cargo flows from China and other Asian origins driving the volume. 

Here is how a typical scenario unfolds. The importer of record or broker gets word that one or more ocean containers are on hold for CPSC review at the seaport. If one container is flagged, “sister” containers with similar product profiles are often stopped as well. CBP detains at least one container for CPSC inspection and testing, while the other containers wait in storage pending results. Storage, demurrage, and other carrying costs add up fast; significant daily storage and demurrage charges are common, and these are rarely negotiable. The supplier, not the federal government, pays these extra charges. CPSC will inspect, test, and eventually issue findings, but that can take weeks. In some cases, the agency has said the process may take up to 60 days — and some testing is destructive.

If CPSC finds regulatory issues, the conversation shifts to outcomes. Depending on the problem, options can include release as‑is, correction, exportation in lieu of destruction (in theory), or disposal, each with its own cost and timing implications. Meanwhile, retailers and downstream partners are still expecting on‑time delivery, which means more delay, potential retailer penalties, and strain on hard‑won relationships. 

Experienced counsel cannot change the fundamentals of federal inspections, but we can materially reduce disruption. We help clients anticipate or contain “sweep” holds and, where practical, redirect cargo. We review children’s product certificates (CPCs), general certificates of conformity (GCCs), and test reports to spot and address issues that could prolong a hold. We work with your broker and the port to clarify container status from CPSC’s perspective, pursue timely release where warranted, and, when needed, negotiate practical remedies that avoid unnecessary disposal. Where multiple containers are stopped but only one is being tested, we press for the release of non‑tested, compliant units. 

What is CPSC looking at in these reviews? In simple terms, the agency uses risk‑based targeting to decide what to examine, and it pays close attention to documentation and test results, especially for children’s products that require testing by CPSC‑accepted labs before import. Documentation may be requested through CBP channels, and eFiling of certificates continues to expand. You do not need to be fluent in these systems — that is our job — but having clean, complete paperwork ready makes a real difference, particularly with CPSC eFiling going into effect for most imports on July 8. If the paperwork is not in order, we help clients clean it up as quickly as possible.

CPSC detentions are most common at major seaports such as Los Angeles/Long Beach, Seattle/Tacoma, Oakland, Houston, Savannah, and New York/New Jersey. Importers facing a hold (or potential hold) benefit from engaging counsel early — before positions harden — can shorten counsel’s response time by having the entry number(s), any CBP or CPSC notices, and certificates and test reports ready for that conversation. Counsel who routinely handle CPSC border matters can then often accelerate resolution and limit carrying costs. 

The stakes at the border are real, but with the right approach, you can manage the risk, control the timeline, and keep your supply chain moving.