[Code of Federal Regulations]
[Title 16, Volume 2]
[Revised as of January 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 16CFR1019.1]

[Page 56-57]
 
                     TITLE 16--COMMERCIAL PRACTICES
 
             CHAPTER II--CONSUMER PRODUCT SAFETY COMMISSION
 
PART 1019--EXPORT OF NONCOMPLYING, MISBRANDED, OR BANNED PRODUCTS--Table 
of Contents
 
Subpart A--Procedures for Export of Noncomplying, Misbranded, or Banned 
                                Products
 
Sec.  1019.1  Purpose, applicability, and exemptions.


    (a) Purpose. The regulations in this subpart A of this part 1019 
establish the procedures exporters must use to notify the Consumer 
Product Safety Commission of their intent to export from the United 
States products which are banned or fail to comply with an applicable 
safety standard, regulation, or statute. These regulations also set 
forth the procedures the Commission uses in transmitting the 
notification of export of noncomplying products to the country to which 
those products will be sent. The Consumer Product Safety

[[Page 57]]

Act Authorization Act of 1978 (Pub. L. 95-631), which became effective 
November 10, 1978, established these notification requirements and 
authorizes the Commission to issue regulations to implement them.
    (b) Applicability. These regulations apply to any person or firm 
which exports from the United States and item which is:
    (1) A consumer product that does not conform to an applicable 
consumer product safety rule issued under sections 7 and 9 of the 
Consumer Product Safety Act (15 U.S.C. 2056, 2058), or which has been 
declared to be a banned hazardous product under provisions of sections 8 
and 9 of that Act (15 U.S.C. 2057, 2058); or
    (2) A misbranded hazardous substance or a banned hazardous substance 
within the meaning of sections 2(p) and 2(q) of the Federal Hazardous 
Substances Act (15 U.S.C. 1261); or
    (3) A fabric or related material or an item of wearing apparel or 
interior furnishing made of fabric or related material which fails to 
conform with an applicable flammability standard or regulations issued 
under section 4 of the Flammable Fabrics Act (15 U.S.C. 1191, 1193).
    (c) Exemption for certain items with noncomplying labeling. The 
exporter of an item that fails to comply with a standard or regulation 
only because it is labeled in a language other than English need not 
notify the Commission prior to export if the product is labeled with the 
required information in the language of the country to which the product 
will be sent.
    (d) Exemption for samples. The exporter of an item that fails to 
comply with a standard or regulation, but which is intended for use only 
as a sample and not for resale, need not notify the Commission prior to 
export, if the item is conspicuously and labeled in English with the 
statement: ``Sample only. Not for resale.'' (The Commission encourages 
exporters to provide this label, in addition, in the language of the 
importing country, but does not require the foreign language labeling.) 
To qualify as a sample shipment under this exemption, the quantity of 
goods involved must be consistent with prevalent trade practices with 
respect to the specific product.
    (e) Exemption for items not in child-resistant packaging. The 
exporter of an item which is a ``misbranded hazardous substance'' within 
the meaning of section 2(p) of the Federal Hazardous Substances Act (15 
U.S.C. 1261(p)) only because it fails to comply with an applicable 
requirement for child-resistant packaging under the Poison Prevention 
Packaging Act of 1970 (15 U.S.C. 1471 et seq.) need not notify the 
Commission prior to export.