[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: 16CFR1615.62]

[Page 660-661]
 
                     TITLE 16--COMMERCIAL PRACTICES
 
             CHAPTER II--CONSUMER PRODUCT SAFETY COMMISSION
 
PART 1615_STANDARD FOR THE FLAMMABILITY OF CHILDREN'S SLEEPWEAR: 
SIZES 0 THROUGH 6X (FF 3-71)--Table of Contents
 
                 Subpart C_Interpretations and Policies
 
Sec.  1615.62  Policy and interpretation relative to items in inventory or as to recordkeeping requirements.

    (a) The Standard for the Flammability of Children's Sleepwear: Sizes 
0 through 6X (FF 3-71) (subpart A of this part) was published in the 
Federal Register on July 29, 1971, at 36 FR 14062 et seq., and amended 
in the Federal Register of July 21, 1972 (37 FR 14624). The Notice of 
Standard provided at 36 FR 14063 that ``Items in inventory or with the 
trade on the effective date of the Standard are exempt. All concerned 
parties shall be required to maintain records that these items offered 
for sale after the effective date of the Standard are eligible for the 
exemption.''
    (b) The Children's Sleepwear Standard was amended on July 21, 1972, 
at 37 FR 14624 et seq. to incorporate a sleepwear sampling plan therein 
and to make certain nonsubstantive technical

[[Page 661]]

corrections as to the test equipment. The effective date remained the 
same. In issuance of such amendment the Notice of Amendment specified at 
37 FR 14625 that ``It is emphasized that the only substantive change 
made to the standard involves the amendment necessary to include the 
sampling plan.''
    (c) The Notice of Amendment did not repeat the language in the 
original 1971 Notice of Standard relative to items in inventory or as to 
recordkeeping requirements.
    (d) Questions have arisen under this standard as to the application 
of the standard to goods manufactured outside the United States prior to 
the effective date of the standard on July 29, 1972, as to whether a 
person claiming the exemption specified in the standard must maintain 
records showing eligibility for exemption from the standard.
    (e) In the Commission's view, the provisions of the July 29, 1971, 
Notice of Standard as to exemption of items of children's sleepwear in 
inventory or with the trade on the effective date of the standard and as 
to the necessity of maintenance of records to show eligibility for such 
exemption are in full force and effect.

    Note: This policy was published by the Federal Trade Commission on 
January 31, 1973 (38 FR 3014). It continues in effect.