CPSC Disclaim A and B: How to File a Disclaim Line in ACE

Since July 8, 2026, every finished consumer product that needs a certificate under 16 CFR part 1110 has to carry that certificate’s data into ACE at entry. The harder operational question for large importers sits on the other side of the ledger: what to transmit for the thousands of lines that share a CPSC-flagged HTS code but need no certificate at all. The answer is the CPSC disclaim, a short PGA record that tells CPSC staff why nothing else is attached.

A disclaim is optional under the final rule. CPSC chose not to require it, but it encourages filers to use one because a disclaim informs its staff why a certificate does not accompany the shipment, which reduces the possibility of a hold. This piece covers only the disclaim mechanism: the two codes, the intended use codes that must travel with them, how a disclaim differs from a testing exclusion, and where a disclaim is the wrong filing. For the full regulatory picture, start with our CPSC compliance guide.

What a Disclaim Line Contains in the CPSC PGA Message Set

CPSC accepts three ways to report a flagged line: the Full PGA Message Set with every certificate data element, the Reference PGA Message Set pointing to a certificate held in the Product Registry, and the Disclaim message. The disclaim is by far the lightest. Per the CBP implementation guide (CATAIR v2.5, June 22, 2026), it consists of an OI record plus a PG01 record with the disclaimer code in position 80 and a mandatory intended use code. There is no certifier, no lab, no manufacture date and no citation block.

Methods can be mixed within one entry, so a single invoice with coin-cell remotes, adult knit hats and adult polyester jackets can carry a Reference set on one line and disclaims on the others. The constraint that matters for data mapping is that CATAIR allows only one OI record per HTS code, so the broker’s software has to resolve the method line by line, not entry by entry.

The disclaim is also the CPSC filing a licensed customs brokerage team is best placed to prepare with the importer. Full and Reference filings depend on data the certifier owns. A disclaim depends on a correct reading of whether any certificate rule applies, which is a classification and scope judgment. Our CPSC eFiling service builds that disclaim logic line by line alongside Full and Reference filings.

Disclaim A vs Disclaim B

The two codes are not interchangeable, and the choice fixes which intended use codes are valid. Disclaim A states that the product is not regulated by this agency. Disclaim B states that data is not required per agency guidance, which in practice means CPSC has announced enforcement discretion for that product.

Disclaim A covers four situations. First, the product is within CPSC jurisdiction but no rule requiring a certificate applies: CPSC’s own examples include hats and gloves, collectible toys intended for adults, and sport helmets other than bicycle helmets. Second, the product is outside CPSC jurisdiction, such as medical products that resemble general-use products or non-consumer industrial equipment. Third, component parts imported for further manufacturing in the United States. Fourth, upholstered furniture where 16 CFR 1640 is the only applicable rule, because 1640 requires a label, not a certificate. Personal-use products returned after repair and consumer-to-consumer gifts also fall under Disclaim A.

Disclaim B is narrow. It applies to adult wearing apparel made only of fabrics exempt under 16 CFR 1610.1(d)(1) or (d)(2), and to household refrigerators that bear an appropriate safety certification mark under 16 CFR 1750. The apparel discretion dates to 81 FR 12587 (March 10, 2016); the refrigerator discretion to 84 FR 37767.

Intended Use Codes That Must Travel With Each Disclaim

A disclaim without an intended use code is incomplete. For Disclaim A, CATAIR v2.5 lists as guidance codes in the 081, 090, 100, 130 (except 130.001 through 130.005), 155, 940 and 970 families, plus 980.000 with a free-text description; other intended use codes may be used. The code tells CPSC what the goods are for, and that context is what lets a targeter accept a claim that no certificate applies.

For Disclaim B the rule is absolute: intended use code 130.006 is mandatory and no other code is allowed. A Disclaim B filed with any other code is on the list of rejection and hold risks derived from the rule and CATAIR, and it is an easy error to automate away because the pairing never varies.

Operationally, intended use codes belong in the product master, not in the broker’s head. For an importer with a large catalog, the cleanest setup is one field per SKU holding the CPSC method (Full, Reference, Disclaim A, Disclaim B) and, for disclaims, the intended use code. The broker’s software then reads the field at entry. A trade compliance management program that already keeps HTS and origin at SKU level can carry these two extra attributes without a new system.

Testing Exclusion vs Disclaim: Two Different Filings

The most expensive confusion in this area is treating a testing exclusion as if it were a disclaim. They answer different questions. A disclaim says no certificate is required for this line. A testing exclusion says a certificate is required, and for one specific rule on that certificate the product relies on a statutory or regulatory exemption or determination instead of test results.

Testing exclusions are mandatory when relied on. They are filed inside a Full message set with PG19 entity role NOL (no lab testing) and a PG60 exclusion code, and the underlying rule still has to be cited. Examples from CPSC’s code workbook: a children’s garment made of a fabric exempt under 1610.1(d)(1) is certified on a Children’s Product Certificate that lists 1610 with the exemption as an exclusion code; unfinished and untreated wood relies on the determination at 16 CFR 1251.2; textiles rely on the lead determination at 1500.91(d)(7); one-of-a-kind rugs rely on 1630.2(b) or 1631.2(b).

The rug case shows the trap clearly. An antique or hide rug sounds like something exempt from the flammability standard, so the instinct is to disclaim it. It is not exempt from certification: the one-of-a-kind status is a testing exclusion, and a certificate is still required. The same logic applies to children’s apparel made of exempt fabric, where the 2016 discretion does not extend to children’s products at all.

A related error runs in reverse: citing an exclusion code without the rule it excludes. A testing exclusion claimed without the underlying rule citation is one of the predictable failure points that follow from the rule and CATAIR. The certificate has to list the rule, then attach the exclusion to it.

When Not to Disclaim

A disclaim is a statement to a federal agency, and the attestation behind CPSC filings makes clear that knowingly false statements are a federal crime. Disclaiming a line that needs a certificate does not remove the certificate requirement. Goods not accompanied by a required certificate can be refused admission under 15 U.S.C. 2066(a)(2), and failure to furnish a certificate is a prohibited act under 15 U.S.C. 2068(a)(6), with civil penalty maxima currently at $120,000 per violation and $17,150,000 for a related series (86 FR 68244).

These are the lines that most often get disclaimed when they should not be:

• Children’s apparel of any fabric. Disclaim B covers adult apparel only; children’s garments always need a CPC, with the 1610.1(d) exemption entered as a testing exclusion code.
• Adult apparel containing any non-exempt fabric, such as lightweight silk under 2.6 oz per square yard, raised-surface cotton or rayon, or blends with fibers outside the 1610.1(d)(2) list. These need a General Certificate of Conformity citing 1610.
• Upholstered furniture with painted parts or intended for children. 1640 alone supports Disclaim A; lead paint under 16 CFR 1303 or a children’s furniture rule brings back a certificate.
• Consumer electronics that contain button or coin cells. These need a certificate to 16 CFR 1263 under Reese’s Law. Units under the same HTS code that contain no such cells are the ones eligible for Disclaim A.
• Candles with metal-cored wicks, which must meet the 0.06 percent lead limit in 16 CFR 1500.17(a)(13) and need a GCC citing it, while most other candles and home decor need no certificate.
• Toys marketed as adult collectibles where the age grading is doubtful. Disclaim A is available for collectibles intended for adults, but the age determination is the importer’s burden.

How a Disclaim Interacts With 1USG Review and Risk Scoring

CPSC runs its import screening through CBP’s 1USG messaging. Lines under CPSC-interest HTS codes return an Under Review status while CPSC evaluates them. The CPSC clock is 4 business hours for air and truck (8 with added risk factors) and 8 business hours for ocean (16 with added risk factors), counted 8am to 4pm port time on federal workdays. If CPSC takes no action, a May Proceed issues automatically. A May Proceed can still be followed by a CPSC exam at the importer’s premises.

ACE does not reject entries for missing CPSC data. CSMS #69382435 (July 29, 2026), which superseded the July 8 message, instructs software developers to let filers submit even when CPSC flagging requirements are not met, and states that CBP will not reject such entries. CPSC may still respond with an SO message reviewing or potentially rejecting the submitted data, and it may take enforcement action on any entry that lacks required eFiling data.

That is where the disclaim earns its place. CPSC’s rulemaking says missing or false data raises the risk score and the likelihood of an exam hold, while consistent filers will benefit from lowered risk scores. A flagged line that goes in with no CPSC record at all gives the targeter nothing to work with. The same line with a correct Disclaim A and intended use code explains itself. Hair dryers, holiday lights and power or extension cords illustrate the point: they are substantial product hazard items under 16 CFR 1120.3 with no certifiable rule, yet they appear on the June 2026 1USG list, so a disclaim reduces friction on goods that will otherwise draw review.

Status of any held entry can be checked in the CPSC Import Shipment Tracking Tool using the entry number with filer code, but those statuses are not official releases; the ABI message remains the record.

Building a Disclaim Rule Set for Mixed HTS Lines

CPSC’s September 2026 guidance lists about 600 HTS codes and states explicitly that the list does not cover every code where a certificate may be required. Many of those codes mix regulated and unregulated goods. Adult clothing chapters 61 and 62 are the obvious example; electronics headings that include both coin-cell and cell-free products are another. The decision cannot be made at HTS level alone.

A workable rule set has three layers. The first is scope: for each SKU, which CPSC rules apply, if any, based on product type and intended user. The second is method: certificate required (Full or Reference), Disclaim A with a specified intended use code, Disclaim B with 130.006, or no filing where the line is not flagged. The third is evidence: for every disclaimed SKU, a short record of why no certificate applies, such as the fiber content that places an adult garment inside 1610.1(d), or the product specification that confirms no button or coin cell.

Classification drives the first layer, so disclaim logic breaks whenever the tariff number moves. When a SKU is reclassified under the Harmonized Tariff Schedule, its CPSC method should be re-reviewed at the same time. Fiber content matters twice for apparel: once for the duty rate discussed in our note on apparel and footwear duties, and again for whether Disclaim B is available.

One area is not settled. How CPSC expects children’s drawstring garments, a 15(j) item with no citation code in the December 2025 code list, to be filed has not been confirmed, and it should be confirmed with eFilingSupport@cpsc.gov before a workflow is built around it. Scarves are a Disclaim A example in CPSC’s disclaim guidance, yet adult clothing including scarves is on the 1USG review list, so those lines will still show Under Review.

Timing also varies by entry type. Goods entered for consumption or warehousing from a foreign-trade zone become subject to eFiling on January 8, 2027, so importers running zone inventory should build the SKU method field now and apply it to zone withdrawals from that date. Our customs compliance platform holds SKU-level attributes alongside entry data, which is where this kind of rule set belongs.

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