§1202 Exemptions

Summary

Goods of fabric or related materials that are labeled as meant for export and that actually leave the United States are generally not covered by these rules. The same is true for fabric brought in for processing or storage and then sent back out, as long as they are labeled and really exported. The agency that enforces the rules (the Consumer Product Safety Commission) can still step in if it finds the export would pose an unreasonable risk to people living in the United States. Also, the rules do apply if the fabrics are made for sale or sent to U.S. installations located outside the United States. If someone plans to export fabric that does not meet the flammability rules, they must tell the Commission at least 30 days before shipping. That notice must give the expected ship date, the destination country and port, the amount being shipped, and any other details the Commission requires. The Commission will tell the government of the importing country about the shipment and the reason. The Commission can allow a later notice for good cause, but never less than 10 days before shipping. The Commission can also order that nonconforming fabric not be exported for sale unless the importing country says it will accept it; if the importing country gives no reply within 30 days after being told about the shipment, the Commission may decide what to do with the goods. Exports allowed by the Secretary of the Treasury under section 2066(e) are not covered by these rules.