[Code of Federal Regulations]
[Title 16, Volume 2]
[Revised as of January 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 16CFR1019.32]

[Page 59]
 
                     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.  1019.32  Statutory provisions.

    (a) Section 18(a) of the Consumer Product Safety Act (15 U.S.C. 
2057(a)) states:
    This Act [the Consumer Product Safety Act] shall not apply to any 
consumer product if: (1) It can be shown that such product is 
manufactured, sold, or held for sale for export from the United States 
(or that such product was imported for export), unless (A) such consumer 
product is in fact distributed in commerce for use in the United States, 
or (B) the Commission determines that exportation of such product 
presents an unreasonable risk of injury to consumers within the United 
States, and (2) such consumer product when distributed in commerce, or 
any container in which it is enclosed when so distributed, bears a stamp 
or label stating that such consumer product is intended for export; 
except that this Act shall apply to any consumer product manufactured 
for sale, offered for sale, or sold for shipment to any installation of 
the United States located outside of the United States.
    (b) Section 4 of the Federal Hazardous Substances Act (15 U.S.C. 
1263) states in part:
    The following acts and the causing thereof are hereby prohibited: 
(a) The introduction or delivery for introduction into interstate 
commerce of any misbranded hazardous substance or banned hazardous 
substance. * * * (c) The receipt in interstate commerce of any 
misbranded hazardous substance or banned hazardous substance and the 
delivery or proffered delivery thereof for pay or otherwise.
    (c) Section 5(b) of the Federal Hazardous Substances Act (15 U.S.C. 
1264(b)) provides in part:
    No person shall be subject to the penalties of this section * * * 
(3) for having violated subsection (a) or (c) of section 4 with respect 
to any hazardous substance shipped or delivered for shipment for export 
to any foreign country, in a package marked for export on the outside of 
the shipping container and labeled in accordance with the specifications 
of the foreign purchaser and in accordance with the laws of the foreign 
country, but if such hazardous substance is sold or offered for sale in 
domestic commerce, or if the Consumer Product Safety Commission 
determines that exportation of such substance presents an unreasonable 
risk of injury to persons residing within the United States, this clause 
shall not apply.