[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: 16CFR1019.31]

[Page 60]
 
                     TITLE 16--COMMERCIAL PRACTICES
 
             CHAPTER II--CONSUMER PRODUCT SAFETY COMMISSION
 
PART 1019--EXPORT OF NONCOMPLYING, MISBRANDED, OR BANNED PRODUCTS--Table 
of Contents
 
 Subpart B--Statement of Policy and Interpretation Concerning Export of 
              Noncomplying, Misbranded, or Banned Products
 
Sec.  1019.31  Purpose and scope.


    (a) This subpart B of this part 1019 states the policy of the 
Consumer Product Safety Commission and its interpretation of the 
Consumer Product Safety Act and the Federal Hazardous Substances Act 
with regard to exportation of products which have been sold, offered for 
sale, or distributed in commerce for use in the United States which:
    (1) Fail to comply with an applicable consumer product safety 
standard or banning rule issued under provisions of the Consumer Product 
Safety Act (15 U.S.C. 2051 et seq.); or
    (2) Are ``misbranded hazardous substances'' or ``banned hazardous 
substances'' as those terms are used in the Federal Hazardous Substances 
Act (15 U.S.C. 1261 et seq.).
    (b) The policy expressed in this subpart B of part 1019 does not 
apply to any of the following products:
    (1) Products which could be regulated only under provisions of the 
Consumer Product Safety Act but which are not subject to a consumer 
product safety standard or banning rule issued under that Act.
    (2) Consumer products which are subject to and fail to comply with 
an applicable standard or banning rule issued under provisions of the 
Consumer Product Safety Act but which have never been distributed in 
commerce for use in the United States. See section 18(b) of the Consumer 
Product Safety Act 15, U.S.C. 2067(b), and subpart A of this part 1019 
for requirements governing export of such products.)
    (3) Products which could be regulated under one or more sections of 
the Federal Hazardous Substances Act but which are neither ``misbranded 
hazardous substances'' nor ``banned hazardous substances'' as those 
terms are used in the Act.
    (4) Products which are ``misbranded hazardous substances'' or 
``banned hazardous substances'' as those terms are used in the Federal 
Hazardous Substances Act but which have never been sold or offered for 
sale in domestic commerce. (See sections 5(b) and 14(d) of the Federal 
Hazardous Substances Act (15 U.S.C. 1264(b) and 1273(d) and subpart A of 
this part 1019 for requirements governing export of such products.)
    (5) Products for which the Commission has granted an exemption from 
an applicable standard, ban, or labeling requirement under the CPSA, 
FHSA, or FFA, in accordance with provisions of 16 CFR 1009.9. (These 
products remain subject to the notification requirements of subpart A of 
this part 1019.)
    (6) Products which fail to comply with an applicable standard of 
flammability issued under provisions of the Flammable Fabrics Act (15 
U.S.C. 1191 et seq.). The Commission's policy regarding export of such 
products is set forth in the Commission's Memorandum Decision and Order 
In the Matter of Imperial Carpet Mills, Inc., CPSC Docket No. 80-2, July 
7, 1983, and allows export without regard to whether the products have 
been distributed in domestic commerce. (See section 15 of the Flammable 
Fabrics Act, 15 U.S.C. 1202, and subpart A of this part 1019 for 
requirements governing export of such products.)