§2067 — Title 15 Commerce and Trade | U.S. Code

Summary

Products meant for export from the United States are usually not covered by these safety rules if they were made, sold, or held for export (or brought in to be exported) and they have a label or stamp saying they are for export. They are still covered if they actually get sold or used in the United States, or if the Commission finds the export would pose an unreasonable risk to U.S. consumers. Products sent to U.S. government sites outside the United States are covered by the rules. If someone plans to export a product that does not meet a safety rule, they must tell the Commission at least 30 days before shipping. The Commission will notify the foreign government about the shipment and the safety issue. The notice must include the planned ship date, the destination country and port, the amount being shipped, and any other details the Commission requires. The Commission can allow a later filing for good cause, but never less than 10 days before shipping. The Commission can also block the export of non‑complying products unless the importing country tells the Commission it accepts them. If the importing country does not reply within 30 days after being notified, the Commission may decide what to do with the goods. Exports allowed by the Secretary of the Treasury are not affected by these rules.

Title 15, §2067

Commerce and Trade — Source: USLM XML via OLRC

(a)This chapter shall not apply to any consumer product if (1) it can be shown that such product is manufactured, sold, or held for sale for export from the United States (or that such product was imported for export), unless (A) such consumer product is in fact distributed in commerce for use in the United States, or (B) the Commission determines that exportation of such product presents an unreasonable risk of injury to consumers within the United States, and (2) such consumer product when distributed in commerce, or any container in which it is enclosed when so distributed, bears a stamp or label stating that such consumer product is intended for export; except that this chapter shall apply to any consumer product manufactured for sale, offered for sale, or sold for shipment to any installation of the United States located outside of the United States.

(b)Not less than thirty days before any person exports to a foreign country any product which is not in conformity with an applicable consumer product safety rule 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 the basis for such safety standard or rule. Any statement filed with the Commission under the preceding sentence shall specify the anticipated date of shipment of such product, the country and port of destination of such product, and the quantity of such 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.

(c)The Commission may prohibit a person from exporting from the United States for purpose of sale any consumer product that is not in conformity with an applicable consumer product safety rule under this chapter, unless the importing country has notified the Commission that such country accepts the importation of such consumer product, 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 appropriate within its authority with respect to the disposition of the product under the circumstances.

(d)Nothing in this section shall apply to any consumer product, the export of which is permitted by the Secretary of the Treasury pursuant to section 2066(e) of this title.

Notes & Related Subsidiaries

Editorial Notes

Amendments

2008—Subsec. (b). Pub. L. 110–314, § 221(a)(1), substituted “any product which is not in conformity with an applicable consumer product safety rule in effect under this chapter,” for “any product— “(1) which is not in conformity with an applicable consumer product safety standard in effect under this chapter, or “(2) which is declared to be a banned hazardous substance by a rule promulgated under section 2058 of this title,”. Subsecs. (c), (d). Pub. L. 110–314, § 221(a)(2), added subsecs. (c) and (d). 1978—Subsec. (a). Pub. L. 95–631 designated existing text as subsec. (a) and cl. (A) and in subsec. (a), as so designated, added cl. (B), and added subsec. (b).

Statutory Notes and Related Subsidiaries

Effective Date

Section effective on the sixtieth day following Oct. 27, 1972, see section 34 of Pub. L. 92–573, set out as a note under section 2051 of this title.

§2067 Exemption of Exports