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Exporting toys from the US

US toy rules apply to toys sold in the US; a toy made and labelled for export is outside the Consumer Product Safety Act unless it is distributed in the US. A toy that fails a CPSC rule may be exported only after notice to the CPSC at least 30 days ahead. Most shipments need EEI.

Updated · Each section links to the official source it comes from

Regulator
Consumer Product Safety Commission (CPSC)
Export exemption
CPSA section 18, for goods made and labelled for export
Noncomplying exports
Notice to the CPSC 30 days before export
Exempt from notice
Foreign-language labelling only; marked samples
Export controls
EAR99 if not on the Commerce Control List
Export declaration
EEI in the AES, above $2,500 per Schedule B line

Before the goods leave

The questions to answer, in the order they usually come up.

  1. 1Does the toy meet the US rules, or is it made only for export? Read more
  2. 2If it fails a CPSC rule, has the CPSC had 30 days' notice? Read more
  3. 3Has it ever been sold or distributed in the US? Read more
  4. 4Does the shipment need EEI, and who files it? Read more
  5. 5Is the buyer, end use or destination restricted? Read more

The rules, by area

What each area covers, the texts that set it, and what the official pages say.

Toys made for export

When US consumer product rules do not reach an exported product.

  • Section 18(a) of the CPSA: the Act does not apply to a product made, sold or held for sale for export, if it bears a stamp or label stating it is intended for export, unless it is distributed in the US or the CPSC finds an unreasonable risk of injury in the US (16 CFR 1019.32).
  • Under the FHSA, a hazardous substance shipped for export in a package marked for export and labelled to the foreign buyer's specifications and the foreign country's laws is not penalised, unless sold in domestic commerce.
  • The CPSC interprets the CPSA to prohibit export of products that fail a safety standard or banning rule if they have at any time been distributed in commerce for use in the US (16 CFR 1019.33).
  • It interprets the FHSA the same way for misbranded or banned hazardous substances that have been sold or offered for sale in the US.

How we help: Compliant Always keeps the export labelling and the record of where each lot was sold with the lot, dated, so its US distribution history can be shown. Ask about this

Notifying the CPSC before exporting noncomplying toys

16 CFR Part 1019 sets the procedure for exporting products that are banned or fail an applicable standard.

  • Exporters of a consumer product that fails a CPSA safety rule, or of a misbranded or banned hazardous substance, file a statement with the CPSC at least 30 days before export (16 CFR 1019.3).
  • The exporter may ask for the period to be reduced to between 10 and 29 days, and the request may be granted for good cause.
  • No notice is needed where the only failing is labelling in a language other than English and the product carries the required information in the destination's language.
  • No notice is needed for samples not for resale, labelled "Sample only. Not for resale.", in quantities consistent with trade practice, or for products that fail only child-resistant packaging rules.
  • The CPSC informs the destination country's government of the export and the basis on which the goods fail US rules.
  • Changes to the notified details are reported within two working days, until the goods reach the destination (16 CFR 1019.6).

How we help: Compliant Always keeps the notice, its dates and the test reports behind it with the shipment, and shows where the 30-day period has not yet run. Ask about this

Export declaration: EEI in the AES

Electronic Export Information filed in the Automated Export System, the export component of ACE, before the goods leave.

  • The EEI is filed through the AES by the US principal party in interest (USPPI), its authorised agent, or the authorised US agent of the foreign principal party in interest, for exports of physical goods, including orders received over the internet (15 CFR 30.2).
  • No EEI is needed where the value under one Schedule B or HTSUSA number, from one USPPI to one consignee on one conveyance, is $2,500 or less, unless a licence is required (15 CFR 30.37(a)).
  • Shipments to Canada are exempt, except goods stored in Canada for a third country or moving through Canada to one (15 CFR 30.36).
  • Filed before departure: 24 hours before loading for vessel cargo, 2 hours before departure for air cargo, 1 hour before a truck reaches the border (15 CFR 30.4).
  • Each line carries a 10-digit Schedule B or HTSUSA number and, where it applies, the ECCN or EAR99 (15 CFR 30.6).
  • Parties to the export keep its documents for five years from the date of export (15 CFR 30.10).

How we help: Compliant Always keeps the invoices, classifications and certificates behind each declaration with the shipment and lot, dated, and answers importers' questions from that record. Ask about this

Export controls: EAR99 and the general prohibitions

Whether the Export Administration Regulations call for a licence, which for most consumer goods turns on the destination and the buyer.

  • Items in the United States and US-origin items wherever located are subject to the EAR (15 CFR 734.3).
  • Items subject to the EAR but not listed on the Commerce Control List are designated EAR99 (15 CFR 734.3(c)).
  • BIS: EAR99 items do not need a licence in most situations, but may if destined for a prohibited or restricted end user, end use or destination of concern.
  • Denial orders, prohibited end uses and end users, and embargoed destinations such as Cuba, Iran, North Korea and Syria apply to EAR99 items too (15 CFR 732.3).

How we help: Compliant Always keeps each product's export classification with its record, dated, and shows where one is missing before a shipment. Ask about this

Who answers for what

WhoWhat they answer forHow we help
ExporterThe CPSC notice for noncomplying goods, the export labelling and, as USPPI, the EEI.Notices, labels and declarations kept with each shipment, dated.
ManufacturerWhether the toy meets the US rules or is made for export only, and the export marking.Test reports and export labels kept with each lot.
Freight forwarder or customs brokerFiling EEI as the authorised agent.The commercial documents behind the filing, in one record.
RegulatorThe CPSC, which receives notices and informs the destination's government.The notice and its acknowledgement kept with the shipment.

Where are the goods going?

Most of what toys have to meet is set where they are sold. Each guide sets out the rules on arrival, with the official source for each.

Questions businesses ask

Do toys exported from the US have to meet US toy safety rules?
Not if made, sold or held for sale for export and labelled as intended for export, unless distributed in the US or the CPSC finds an unreasonable risk of injury in the US (CPSA section 18(a)).
Can I export toys that fail US safety standards?
Yes, if they have never been distributed in the US, after filing a statement with the CPSC at least 30 days before export under 16 CFR Part 1019.
Can I export toys that were recalled or sold in the US?
The CPSC interprets the CPSA to prohibit export of products failing a safety standard or banning rule if they have at any time been distributed in commerce for use in the US.
How far ahead must I notify the CPSC?
At least 30 days before the goods leave US customs territory. The exporter may ask for a reduction to between 10 and 29 days, granted for good cause.
Do I notify the CPSC if my toy is labelled only in a foreign language?
No, if that is the only failing and the toy carries the required information in the language of the destination country (16 CFR 1019.1(c)).
Do toy samples sent abroad need CPSC notice?
No, if they are for use only as samples, labelled in English "Sample only. Not for resale.", and in quantities consistent with trade practice (16 CFR 1019.1(d)).
What does the CPSC do with an export notice?
It informs the government of the destination country of the export and the basis on which the goods are banned or fail US rules, and seeks its acknowledgement.
Do toys need an export licence from the US?
A toy not listed on the Commerce Control List is designated EAR99, which needs no licence in most situations. One may be needed for a prohibited or restricted end user, end use or destination, such as an embargoed country.
Do I need to file EEI to export toys?
Yes, through the AES, unless an exemption applies, such as $2,500 or less under one Schedule B number to one consignee, or most shipments to Canada.
How long must export records for toys be kept?
Parties to the export keep documents for five years from the date of export under the Foreign Trade Regulations (15 CFR 30.10).
How does Compliant Always help with exporting from the US?
Our team reads the rules for the routes you ship. Compliant Always shows which export documents apply to your product, keeps them with the shipment beside what the destination asks for, and watches the sources for changes. It shows what the requirements say and what your documents show; you decide.

Sources

Compliant Always is a product of Lettuce Labs LLC. It shows what requirements say and what your documents show. It is not legal advice, and you decide.

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