[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: 16CFR1611.39]

[Page 630-631]
 
                     TITLE 16--COMMERCIAL PRACTICES
 
             CHAPTER II--CONSUMER PRODUCT SAFETY COMMISSION
 
PART 1611_STANDARD FOR THE FLAMMABILITY OF VINYL PLASTIC FILM--Table 
of Contents
 
                     Subpart B_Rules and Regulations
 
Sec.  1611.39  Shipments under section 11(c) of the act.

    (a) The invoice or other paper relating to the shipment or delivery 
for shipment in commerce of articles of wearing apparel or textile 
fabrics for the purpose of finishing or processing to render them not so 
highly flammable as to be dangerous when worn by individuals, shall 
contain a statement disclosing such purpose.
    (b) An article of wearing apparel or textile fabric shall not be 
deemed to fall within the provisions of section 11(c) of the act as 
being shipped or delivered for shipment in commerce for the purpose of 
finishing or processing to render such article of wearing apparel or 
textile fabric not so highly

[[Page 631]]

flammable under section 4 of the act, as to be dangerous when worn by 
individuals, unless the shipment or delivery for shipment in commerce of 
such article of wearing apparel or textile fabric is made direct to 
person engaged in the business of processing or finishing textile 
products for the prearranged purpose of having such article of apparel 
or textile fabric processed or finished to render it not so highly 
flammable under section 4 of the act, as to be dangerous when worn by 
individuals, and any person shipping or delivering for shipment the 
article of wearing apparel or fabric in commerce for such purpose 
maintains records which establish (1) that the textile fabric or article 
of wearing apparel has been shipped for appropriate flammability 
treatment, and (2) that such treatment has been completed, as well as 
records to show the disposition of such textile fabric or article of 
wearing apparel subsequent to the completion of such treatment.
    (c) The importation of textile fabrics or articles of wearing 
apparel may be considered as incidental to a transaction involving 
shipment or delivery for shipment for the purpose of rendering such 
textile fabrics or articles of wearing apparel not so highly flammable 
under the provisions of section 4 of the act, as to be dangerous when 
worn by individuals, if:
    (1) The importer maintains records which establish (i) that the 
imported textile fabrics or articles of wearing apparel have been 
shipped for appropriate flammability treatment, and (ii) that such 
treatment has been completed, as well as records to show the disposition 
of such textile fabrics or articles of wearing apparel subsequent to the 
completion of such treatment.
    (2) The importer, at the time of importation, execute and furnishes 
to the Bureau of Customs an affidavit stating
    These fabrics (or articles of wearing apparel) are dangerously 
flammable under the provisions of section 4 of the Flammable Fabrics 
Act, and will not be sold or used in their present condition but will be 
processed or finished by the undersigned or by a duly authorized agent 
so as to render them not so highly flammable under the provisions of 
section 4 of the Flammable Fabrics Act, as to be dangerously flammable 
when worn by individuals. The importer agrees to maintain the records 
required by 16 CFR 1610.39(c)(1).
    (3) The importer, if requested to do so by the Bureau of Customs, 
furnishes an adequate specific-performance bond conditioned upon the 
complete discharge of the obligations assumed in paragraphs (c) (1) and 
(2) of this section.

    Note: The purpose of section 11(c) is only to permit articles of 
wearing apparel or textile fabrics which are dangerously flammable to be 
shipped or delivered for shipment in commerce for the purpose of 
treatment or processing to render them not dangerously flammable. 
Section 11(c) does not in any other respect limit the force and effect 
of sections 3, 6, 7, and 9 of the act. In particular, section 11(c) does 
not authorize the sale or offering for sale of any article of wearing 
apparel or textile fabric which is in fact dangerously flammable at the 
time of sale or offering for sale, even though the seller intends to 
ship the article for treatment prior to delivery to the purchaser or has 
already done so. Moreover, under section 3 of the act a person is liable 
for a subsequent sale or offering for sale if, despite the purported 
completion of treatment to render it not dangerously flammable, the 
article in fact remains dangerously flammable.