HTSBase
CPSC children'sUnited StatesSchool supplies

Are school supplies children's products?

Updated

Short answer

Usually no for plain supplies. Yes when they are designed or marketed for kids.

A children's product is one designed or intended primarily for children 12 and under, not one children happen to use (16 CFR 1200.2). CPSC says a pen is generally a general use product even though young children write with it, and that most office supplies are general use because they are sold to the general public. A plain notebook, ruler or ballpoint sold to everyone needs no CPC. The same item with cartoon themes, child sizing or play features may be a children's product.

What changes the answer

  • Decoration and play value. CPSC says adding childish themes or features with play value to a pen means it may be, but is not necessarily, a children's product. It then weighs size, color and whether the decorations appeal equally to people older and younger than 12.
  • School channels. Selling general use items in bulk to schools or camps does not by itself convert them into children's products. Packaging, graphics or instructions that say or imply the item is for kids 12 and under can.
  • Art materials. Crayons, finger paints and modeling dough sized, decorated and marketed to children are children's products by CPSC's own example. Art materials of any age also need LHAMA labeling.
  • Furniture and fixtures. Desks and chairs found in schools are general use unless they are child-sized or carry childish themes. Child-sized desks and chairs are listed as children's products.
  • Backpacks and lunch boxes. These are judged by the same factors; kid sizing and themes usually tip them into children's products.

What to do

  1. For each SKU, write down the four statutory factors from 1200.2: your stated intended use, how packaging and ads present it, how consumers see it, and the CPSC age determination guidelines.
  2. If it is a children's product, test it at a CPSC-accepted lab for lead content and lead in coatings, plus any toy or art material rules, then issue a CPC, add tracking labels and eFile the CPC data at entry.
  3. If it is general use, keep your analysis on file. A general use product needs a GCC only if a CPSC rule applies to it, which is rare for plain stationery.
  4. Do not rely on an age label alone. CPSC says a "not for children" label does not decide the question if the product's main appeal is to children.
HTS lines for common school supplies
  • 9608.10.00.00

    9608: Ball point pens; felt tipped and other porous-tipped pens and markers; fountain pens, stylograph pens and other pens; duplicating styli; propelling or sliding pencils (for example, mechanical pencils); pen-holders, pencil-holders and similar holders; parts (including caps and clips) of the foregoing articles, other than those of heading 9609

    Ball point pens

    Ball point pens.

    General rate
    0.8¢ each + 5.4%
    Free or reduced under 17 programs
  • 4820.10.20.40

    4820: Registers, account books, notebooks, order books, receipt books, letter pads, memorandum pads, diaries and similar articles, exercise books, blotting pads, binders (looseleaf or other), folders, file covers, manifold business forms, interleaved carbon sets and other articles of stationery, of paper or paperboard; albums for samples or for collections and book covers (including cover boards and book jackets) of paper or paperboard

    Other note books with dimensions of 152.4-381 mm (6" - 15"), inclusive (small side) X 222.5-381 mm (8.75" -15"), inclusive (large side)

    Note books of the common 6 to 15 inch sizes, other than sewn composition books.

    General rate
    Free
  • 9609.10.00.00

    9609: Pencils (other than those pencils of heading 9608), crayons, pencil leads, pastels, drawing charcoals, writing or drawing chalks and tailors' chalks

    Pencils and crayons, with leads encased in a sheath

    Pencils and crayons with leads encased in a sheath.

    General rate
    14¢/gross + 4.3%
    Free or reduced under 17 programs

Next steps

Frequently asked questions

Is a pencil case with unicorns a children's product?
Probably, if the theme, size and marketing aim at children 12 and under. CPSC treats childish motifs and colors as signs of a children's product, though no single factor decides it.
Is a pen with a school's name printed on it a children's product?
CPSC's example says a simple ballpoint pen with an elementary school's name and no other decoration is likely to appeal to students, teachers and parents alike, so it is general use.
Do general use school supplies need any testing?
Not under CPSIA's children's product rules. Art materials still need the LHAMA toxicological review and labeling, and California Prop 65 may apply.

Sources

  1. 16 CFR 1200.2, Definition of children's product, eCFR, National Archives
  2. Children's Products business guidance, U.S. Consumer Product Safety Commission
  3. 16 CFR 1500.14, Products requiring special labeling, including art materials, eCFR, National Archives

This is general information drawn from the official sources linked above. It is not legal advice. Rules change and often turn on the facts of your product, so confirm your test plan with an accredited lab and your obligations with qualified counsel before you import or sell.