Under the Flammable Fabrics Act, CPSC can issue mandatory flammability standards. Standards have been established for the flammability of clothing textiles, vinyl plastic film (used in clothing), carpets and rugs, children’s sleepwear and mattresses and mattress pads. The importer, at the time of importation, executes and furnishes to the U.S. Customs and Border Protection an affidavit stating: These fabrics (or articles of wearing apparel) are dangerously flammable under the provisions of section 4 of the 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). Textile Classes: Class 1 textiles, those that exhibit normal flammability, are acceptable for use in clothing. §1610.4(a)(1) & (2). Class 2 textiles, applicable only to raised-fiber surfaces, are considered to be of intermediate flammability, but may be used in clothing. §1610.4(b)(1) & (2). Class 3 textiles, those that exhibit rapid and intense burning, are dangerously flammable and…
Consumer Product Safety Commission: General Observations on Scope, Jurisdiction, and Effect on Trade
The scope of Consumer Product Safety Commission authority is broadly established to extend to any consumer product from which the risk of injury could occur (see 16 CFR 1145.1). Legal authority includes: Consumer Product Safety Improvement Act Consumer Product Safety Act (15 U.S.C. §§ 2051-2084 (CPSA); 16 CFR Subchapter B Sections 1101 – 1412) Federal Hazardous Substances Act (15 U.S.C. §§ 1261-1278; 16 CFR Subchapter C; Sections 1500 – 1513) Flammable Fabrics Act (15 U.S.C. §§ 1191-1204; 16 CFR Subchapter D; §§ 1602 – 1633) Poison Prevention Packaging Act (15 U.S.C. §§ 1471-1476; 16 CFR Subchapter E; §§ 1700 – 1702) Importers and/or persons selling the product in the United States are required to certify their compliance. Certification requirements broadly apply to “all products subject to CPSA bans as well as standards, or to any “similar rule, ban, standard, or regulation under any other Act enforced by the Commission.” Unless an exception applies, both importer and manufacturer are required to certify. This flyer, made available by Sandler, Travis & Rosenberg, while a little outdated at this point, nonetheless provides a good idea on conformity certification applicability.
