The nation"s chief regulator for consumer safety told a congressional panel that the flood of small packages from China has rendered effective enforcement impossible.
Consumer Product Safety Commission (CPSC) director of the Office of Import Surveillance James Joholske told the panel that his agency's resources were overwhelmed by fast-fashion and Fulfilled by Amazon third party shipments.
Mr. Joholske noted that the lack of data associated with duty-free small package imports does not designate an "importer of record" responsible for consumer safety and other matters of import compliance.
“any way you slice it, consumer goods from China warrant and receive a disproportionate share of CPSC’s attention," said Mr. Joholske.
“Currently, we have fewer than 50 investigators stationed at some of the largest ports in the country. Despite our relatively small size, in FY 2023, CPSC port investigators conducted more than 66,000 examinations of consumer products arriving in the United States and stopped approximately 13.7 million noncompliant or hazardous units from reaching consumers.
“CPSC has little ability to act against third party sellers who are small manufacturers based overseas. Products including baby mattresses, lithium-ion batteries, magnets, baby loungers, and more are left unrecalled because the manufacturer cannot be held responsible.
“Moreover, most online marketplaces assert that they do not fall under CPSC’s jurisdiction for some or all their sales. They state that for the purposes of consumer safety, they are not retailers, manufacturers, distributors, or importers.
“CPSC is currently engaged in a lawsuit with Amazon over the Fulfillment by Amazon aspect of its business model, and a decision from the Commission is expected soon. [CPSC Docket 21-2]
“However, that is just one portion of one online marketplace, and it does not address all situations in which online marketplaces provide a platform for third party sellers.
“The bottom line then is that we have many goods coming from China about which CPSC receives limited data. That coupled with the volume of imports and limited staff at major entry points presents significant challenges to CPSC and our ability to stop dangerous products before they enter the stream of commerce."
Mr. Joholske testified before the U.S.-China Economic Security and Review Commission (USCC) Friday. The hearing was co-chaired by USCC commissioner Kim Glas, president and CEO of the National Council of Textile Organizations, which has been vocal in its calls for effective enforcement of the Uyghur Forced Labor Prevention Act's ban on cotton produced under conditions of modern slavery.
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