15 U.S.C. § 1202 — Exemptions

Page 1353 TITLE 15—COMMERCE AND TRADE § 1202 to administration and enforcement of this chapter, see section 2079 of this title. § 1201. Study and investigation; research, devel- opment and training (a) The Consumer Product Safety Commission shall conduct a continuing study and investiga- tion of the deaths, injuries, and economic losses resulting from accidental burning of products, fabrics, or related materials. (b) In cooperation with appropriate public and private agencies, the Commission is authorized to— (1) conduct research into the flammability of products, fabrics, and materials; (2) conduct feasibility studies on reduction of flammability of products, fabrics, and mate- rials; (3) develop flammability test methods and testing devices; and (4) offer appropriate training in the use of flammability test methods and testing de- vices. (June 30, 1953, ch. 164, § 14, as added Pub. L. 90–189, § 10, Dec. 14, 1967, 81 Stat. 573; amended Pub. L. 92–573, § 30(b), Oct. 27, 1972, 86 Stat. 1231; Pub. L. 96–470, title I, § 114, Oct. 19, 1980, 94 Stat. 2240; Pub. L. 97–35, title XII, § 1211(e), Aug. 13, 1981, 95 Stat. 721; Pub. L. 110–314, title II, § 204(c)(2)(B), Aug. 14, 2008, 122 Stat. 3042.) Editorial Notes CODIFICATION In subsec. (a), pursuant to Pub. L. 92–573 and as amended by Pub. L. 110–314, the words ‘‘in cooperation with the Commission’’, meaning the Consumer Product Safety Commission, which followed ‘‘Consumer Prod- uct Safety Commission’’, have been omitted from the Code as redundant in that they would provide for the Consumer Product Safety Commission to cooperate with itself. AMENDMENTS 2008—Pub. L. 110–314 substituted ‘‘Commission’’ for ‘‘Secretary of Commerce’’ in subsecs. (a) and (b). 1981—Subsec. (a). Pub. L. 97–35 struck out provisions relating to the submission of an annual report by the Secretary of Health and Human Services to the Presi- dent and to the Congress containing the results of a study and investigation. 1980—Subsec. (b). Pub. L. 96–470 struck out provision requiring the Secretary to report the results of activi- ties under this subsection to Congress. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1981 AMENDMENT Amendment by Pub. L. 97–35 effective Aug. 13, 1981, see section 1215 of Pub. L. 97–35, set out as a note under section 2052 of this title. TRANSFER OF FUNCTIONS ‘‘Consumer Product Safety Commission’’ substituted for ‘‘Secretary of Health, Education, and Welfare’’ in subsec. (a) pursuant to section 30(b) of Pub. L. 92–573, which is classified to section 2079(b) of this title and which transferred functions of Secretary of Health, Education, and Welfare, Secretary of Commerce, and Federal Trade Commission under this chapter to Con- sumer Product Safety Commission. TOXICOLOGIC RISKS OF FLAME-RETARDANT CHEMICALS IN RESIDENTIAL UPHOLSTERED FURNITURE Pub. L. 105–276, title IV, § 423, Oct. 21, 1998, 112 Stat. 2510, provided that within 90 days of Oct. 21, 1998, the Consumer Product Safety Commission was to make all necessary arrangements for the Committee on Toxi- cology of the National Academy of Sciences (NAS) to conduct an independent 12-month study of the poten- tial toxicologic risks of all flame-retardant chemicals identified by the NAS and the Commission as likely candidates for use in residential upholstered furniture for the purpose of meeting regulations proposed by the Commission for flame resistance of residential uphol- stered furniture, and that the Academy would send the report, when complete, to the Commission, which would provide the report to Congress. § 1202. Exemptions (a) Exports; risk of injury to residents of United States This chapter shall not apply to any fabric, re- lated material, or product which is to be ex- ported from the United States, if such fabric, re- lated material, or product, and any container in which it is enclosed, bears a stamp or label stat- ing that such fabric, related material, or prod- uct is intended for export and such fabric, re- lated material, or product is in fact exported from the United States; unless the Commission determines that exportation of such fabric, re- lated material, or product presents an unreason- able risk of injury to persons residing within the United States; except that this chapter shall apply to any fabric, related material, or product manufactured for sale, offered for sale, or in- tended for shipment to any installation of the United States located outside of the United States. (b) Imports intended for export; risk of injury to residents of United States This chapter shall not apply to any fabric, re- lated material, or product which is imported into the United States for dyeing, finishing, other processing, or storage in bond, and export from the United States, if such fabric, related material, or product, and any container in which it is enclosed, bears a stamp or label stating that such fabric, related material, or product is intended for export, and such fabric, related ma- terial, or product is in fact exported from the United States, unless the Commission deter- mines that exportation of such fabric, related material, or product presents an unreasonable risk of injury to persons residing within the United States; except that this chapter shall apply to any such imported fabric, related mate- rial, or product manufactured for sale, offered for sale, or intended for shipment to any instal- lation of the United States located outside of the United States. (c) Statement of exportation: filing period, infor- mation; notification of foreign country; peti- tion for minimum filing period; good cause Not less than thirty days before any person ex- ports to a foreign country any fabric, related material, or product that fails to conform to an applicable flammability standard or regulation in effect under this chapter, such person shall file a statement with the Commission notifying the Commission of such exportation, and the Commission, upon receipt of such statement, shall promptly notify the government of such country of such exportation and of the basis for such flammability standard or regulation. Any Page 1354 TITLE 15—COMMERCE AND TRADE § 1203 statement filed with the Commission under the preceding sentence shall specify the anticipated date of shipment of such fabric, related mate- rial, or product, the country and port of destina- tion of such fabric, related material, or product, and the quantity of such fabric, related mate- rial, or product that will be exported, and shall contain such other information as the Commis- sion may by regulation require. Upon petition filed with the Commission by any person re- quired to file a statement under this subsection respecting an exportation, the Commission may, for good cause shown, exempt such person from the requirement of this subsection that such a statement be filed no less than thirty days be- fore the date of the exportation, except that in no case shall the Commission permit such a statement to be filed later than the tenth day before such date. (d) Authority to prohibit exports Notwithstanding any other provision of this section, the Consumer Product Safety Commis- sion may prohibit, by order, a person from ex- porting from the United States for purpose of sale any fabric or related material that the Commission determines is not in conformity with an applicable standard or rule under this chapter, unless the importing country has noti- fied the Commission that such country accepts the importation of such fabric or related mate- rial, provided that if the importing country has not so notified the Commission within 30 days after the Commission has provided notice to the importing country of the impending shipment, the Commission may take such action as is ap- propriate with respect to the disposition of the fabric or related material under the cir- cumstances. (e) Export pursuant to section 2066(e) Nothing in this section shall apply to any fab- ric or related material, the export of which is permitted by the Secretary of the Treasury pur- suant to section 2066(e) of this title. (June 30, 1953, ch. 164, § 15, as added Pub. L. 90–189, § 10, Dec. 14, 1967, 81 Stat. 574; amended Pub. L. 95–631, § 8(a), Nov. 10, 1978, 92 Stat. 3746; Pub. L. 110–314, title II, §§ 204(c)(2)(F), 221(b), Aug. 14, 2008, 122 Stat. 3042, 3066.) Editorial Notes AMENDMENTS 2008—Subsec. (a). Pub. L. 110–314, § 204(c)(2)(F), which directed the substitution of ‘‘Commission’’ for ‘‘Con- sumer Product Safety Commission (hereinafter in this section referred to as the ‘Commission’) in section 15 (15 U.S.C. 1202)’’, was executed by making the substi- tution for ‘‘Consumer Product Safety Commission (hereinafter in this section referred to as the ‘Commis- sion’)’’ to reflect the probable intent of Congress. Subsecs. (d), (e). Pub. L. 110–314, § 221(b), added sub- secs. (d) and (e). 1978—Subsec. (a). Pub. L. 95–631, § 8(a)(1), made chap- ter applicable to exports when the Commission deter- mines that exportation presents an unreasonable risk of injury to persons residing within the United States. Subsec. (b). Pub. L. 95–631, § 8(a)(2), made chapter ap- plicable to imports intended for export when the Com- mission determines that exportation presents an unrea- sonable risk of injury to persons residing within the United States. Subsec. (c). Pub. L. 95–631, § 8(a)(3), added subsec. (c). § 1203. Preemption of Federal standards (a) Standards or regulations designed to protect against same risk as State standards or regu- lations; identical State standards Except as provided in subsections (b) and (c), whenever a flammability standard or other reg- ulation for a fabric, related material, or product is in effect under this chapter, no State or polit- ical subdivision of a State may establish or con- tinue in effect a flammability standard or other regulation for such fabric, related material, or product if the standard or other regulation is de- signed to protect against the same risk of occur- rence of fire with respect to which the standard or other regulation under this chapter is in ef- fect unless the State or political subdivision standard or other regulation is identical to the Federal standard or other regulation. (b) State standards or regulations which afford a higher degree of protection The Federal Government and the government of any State or political subdivision of a State may establish and continue in effect a flamma- bility standard or other regulation applicable to a fabric, related material, or product for its own use which standard or other regulation is de- signed to protect against a risk of occurrence of fire with respect to which a flammability stand- ard or other regulation is in effect under this chapter and which is not identical to such stand- ard or other regulation if the Federal, State, or political subdivision standard or other regula- tion provides a higher degree of protection from such risk of occurrence of fire than the standard or other regulation in effect under this chapter. (c) Exemption for State standards or regulations; requirements; determination of burden on interstate commerce; notice and hearing (1) Upon application of a State or political subdivision of a State, the Commission may, by regulation promulgated in accordance with paragraph (2), exempt from subsection (a), under such conditions as may be prescribed in such regulation, any flammability standard or other regulation of such State or political subdivision applicable to a fabric, related material, or prod- uct subject to a standard or other regulation in effect under this chapter, if— (A) compliance with the State or political subdivision requirement would not cause the fabric, related material, or product to be in violation of the standard or other regulation in effect under this chapter, and (B) the State or political subdivision stand- ard or other regulation (i) provides a signifi- cantly higher degree of protection from the risk of occurrence of fire with respect to which the Federal standard or other regulation is in effect, and (ii) does not unduly burden inter- state commerce. In determining the burden, if any, of a State or political subdivision flammability standard or other regulation on interstate commerce the Commission shall consider and make appro- priate (as determined by the Commission in its discretion) findings on the technological and economic feasibility of complying with such