CPSC disclaim vs certificate: how to tell which one applies

CPSC's own guidance routes a flagged product through two questions, in order. First: does a CPSC rule, ban, standard, or regulation apply to the product? Second, if one does: is CPSC exercising enforcement discretion for it?

The answers map to three outcomes. A rule applies and CPSC is not exercising discretion — a certificate is required. A rule applies but CPSC is exercising enforcement discretion — a Disclaim B. No rule requiring a certificate applies — a Disclaim A. That routing is published by CPSC; it is not a judgment this page makes.

A Disclaim A means no CPSC rule requiring a certificate reaches the product, even though its HTS code sits on CPSC's flagged-code list. CPSC's own examples inside its jurisdiction are hats, scarves and gloves; collectible toys meant for adults; and sport helmets other than bicycle helmets. Its examples outside its jurisdiction entirely are products such as medical devices and non-consumer industrial equipment.

A Disclaim A is a submission made at entry, paired with a required intended-use code — a different filing from a certificate, and not something the CPSC Product Registry expresses.

A Disclaim B means a rule does apply, but CPSC is exercising enforcement discretion, so the certificate's data is not required. CPSC notes that only certain products qualify. Its own examples are adult wearing apparel claiming the flammability exemption at 16 CFR 1610.1(d)(1) or (d)(2), and household refrigerators that display an appropriate safety certification mark.

Like a Disclaim A, a Disclaim B is submitted at entry with a required intended-use code, rather than through the certificate route.

CPSC states the test — does a rule apply, and is CPSC exercising discretion — and then illustrates it with a few examples. A product that matches none of the examples is not automatically a certificate: the test is the rule, and the examples only show how it reads. Whether a specific product meets the test comes from the product's own attributes, and a licensed customs broker can confirm the route.

The two filings travel to different places. Certificate data can be filed electronically at entry and uploaded to the CPSC Product Registry, an account held in the certifier's own name. A disclaim — A or B — is a separate message at entry, the work a customs broker handles as part of clearing the goods.