[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: 16CFR1610.36]

[Page 613-614]
 
                     TITLE 16--COMMERCIAL PRACTICES
 
             CHAPTER II--CONSUMER PRODUCT SAFETY COMMISSION
 
PART 1610_STANDARD FOR THE FLAMMABILITY OF CLOTHING TEXTILES--Table 
of Contents
 
                     Subpart B_Rules and Regulations
 
Sec.  1610.36  Applications of act to particular types of products.

    (a) Fabrics intended or sold for processing into interlinings or 
other covered or unexposed parts of articles of wearing apparel shall 
not be subject to the provisions of section 3 of the act: Provided, That 
an invoice or other paper covering the marketing or handling of such 
fabrics is given which specifically designates their intended end use: 
And provided further, That with respect to fabrics which under the 
provisions of section 4 of the act, as amended, are so highly flammable 
as to be dangerous when worn by individuals, any person marketing or 
handling such fabrics maintains records which show the acquisition, 
disposition and intended end use of such fabrics, and any person 
manufacturing articles of wearing apparel containing such fabrics 
maintains records which show the acquisition, and use and disposition of 
such fabrics. Any person who fails to maintain such records or to 
furnish such invoice or other paper shall be deemed to have engaged in 
the marketing or handling of such products for purposes subject to the 
requirements of the act and such person and the products shall be 
subject to the provisions of sections 3, 6, 7, and 9 of the act.
    (b) Fabrics intended or sold for use in those hats, gloves, and 
footwear which are excluded under the definition of articles of wearing 
apparel in section 2(d) of the act shall not be subject to the 
provisions of section 3 of the act: Provided, That an invoice or other 
paper covering the marketing or handling of such fabrics is given which 
specifically designates their intended use in such products: And 
provided further, That with respect to fabrics which under the 
provisions of section 4 of the act, as amended, are so highly flammable 
as to be dangerous when worn by individuals, any person marketing or 
handling such fabrics maintains records which show the acquisition, 
disposition, and intended end use of such fabrics, and any person 
manufacturing hats, gloves, or footwear containing such fabrics 
maintains records which show the acquisition, end use and disposition of 
such fabrics. Any person who fails to maintain such records or to 
furnish such invoice or other paper shall be deemed to have engaged in 
the marketing or handling of such products for purposes subject to the 
requirements of the Act and such person and the products shall be 
subject to the provisions of sections 3, 6, 7, and 9 of the act.
    (c) Except as provided in paragraph (d) of this section, 
handkerchiefs not exceeding a finished size of twenty-four (24) inches 
on any side or not exceeding five hundred seventy-six (576) square 
inches in area are not deemed ``articles of wearing apparel'' as that 
term is used in the act.

[[Page 614]]

    (d) Handkerchiefs or other articles affixed to, incorporated in, or 
sold as a part of articles of wearing apparel as decoration, trimming, 
or for any other purpose, are considered an integral part of such 
articles of wearing apparel, and the articles of wearing apparel and all 
parts thereof are subject to the provisions of the act. Handkerchiefs or 
other articles intended or sold to be affixed to, incorporated in or 
sold as a part of articles of wearing apparel as aforesaid constitute 
``fabric'' as that term is defined in section 2(e) of the act and are 
subject to the provisions of the act which such handkerchiefs or other 
articles constitute textile fabrics as the term ``textile fabric'' is 
defined in Sec.  1610.31(f).
    (e) Where an article of wearing apparel has a raised-fiber surface 
which is intended for use as a covered or unexposed part of the article 
of wearing apparel but the article of wearing apparel is, because of its 
design and construction, capable of being worn with the raised-fiber 
surface exposed, such raised-fiber surface shall be considered to be an 
uncovered or exposed part of the article of wearing apparel. Examples of 
the type of products referred to in this paragraph are athletic shirts 
or so-called ``sweat shirts'' with a raised-fiber inner side.
    (f) Multilayer fabric and wearing apparel with a film or coating on 
the uncovered or exposed surface. Plastic film or plastic-coated fabric 
used, or intended for use, as the outer layer of disposable diapers is 
exempt from the requirements of the standard, provided that a full 
thickness of the assembled article passes the test in the standard 
otherwise applicable to the outer fabric or film when the flame is 
applied to the exposed or uncovered surface.

    Note: An interpretation to Sec.  302.0(c) issued by the Federal 
Trade Commission, 30 FR 16106, Dec. 28, 1965, provides as follows:
    ``Sec.  1610.36(c) does not exclude products from the act on the 
sole basis of the size, description or designation of such product.
    ``If, because of construction, design, color, type of fabric, or any 
other factor, a piece of cloth of a finished type or any other product 
of a finished type appears to be likely to be used as a covering for the 
head, neck, face, shoulders, or any part thereof, or otherwise appears 
likely to be used as an article of clothing, garment, or costume, such 
product is not a handkerchief and constitutes an article of wearing 
apparel as defined in and subject to the provisions of the Flammable 
Fabrics Act, irrespective of its size, or its description or designation 
as a handkerchief or any other term.''

(Secs. 4, 5, 67 Stat. 112, 113, as amended, 68 Stat. 770, 81 Stat. 571, 
90 Stat. 515 (15 U.S.C. 1193, 1194); Sec.  30(b), 86 Stat. 1207 (15 
U.S.C. 2079(b))

[40 FR 59891, Dec. 30, 1975, as amended at 50 FR 7762, Feb. 26, 1985]