§ 1202. — Exemptions.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 15USC1202]
TITLE 15--COMMERCE AND TRADE
CHAPTER 25--FLAMMABLE FABRICS
Sec. 1202. Exemptions
(a) Exports; risk of injury to residents of United States
This chapter shall not apply to any fabric, related material, or
product which is to be exported 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 material, or
product is in fact exported from the United States; unless the Consumer
Product Safety Commission (hereinafter in this section referred to as
the ``Commission'') determines 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 fabric, related material, or product manufactured for sale,
offered for sale, or intended 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, related 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
material, or product is in fact exported from the United States, unless
the Commission determines 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 material, or product manufactured
for sale, offered for sale, or intended for shipment to any installation
of the United States located outside of the United States.
(c) Statement of exportation: filing period, information; notification
of foreign country; petition for minimum filing period; good
cause
Not less than thirty days before any person exports 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 statement filed with the Commission under
the preceding sentence shall specify the anticipated date of shipment of
such fabric, related material, or product, the country and port of
destination of such fabric, related material, or product, and the
quantity of such fabric, related material, or product that will be
exported, and shall contain such other information as the Commission may
by regulation require. Upon petition filed with the Commission by any
person required 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 before 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.
(June 30, 1953, ch. 164, Sec. 15, as added Pub. L. 90-189, Sec. 10, Dec.
14, 1967, 81 Stat. 574; amended Pub. L. 95-631, Sec. 8(a), Nov. 10,
1978, 92 Stat. 3746.)
Amendments
1978--Subsec. (a). Pub. L. 95-631, Sec. 8(a)(1), made chapter
applicable to exports when the Commission determines that exportation
presents an unreasonable risk of injury to persons residing within the
United States.
Subsec. (b). Pub. L. 95-631, Sec. 8(a)(2), made chapter applicable
to imports intended for export when the Commission determines that
exportation presents an unreasonable risk of injury to persons residing
within the United States.
Subsec. (c). Pub. L. 95-631, Sec. 8(a)(3), added subsec. (c).
Section Referred to in Other Sections
This section is referred to in section 1196 of this title.