CPSC Passes 15(j) Rule to Refuse Entry to Kid's Tops with Drawstrings
The Commissioners of the Consumer Product Safety Commission have voted unanimously (5-0) to publish, with one amendment, a draft “15(j)” final rule1 for drawstrings in children’s upper outerwear.
Sign up for a free preview to unlock the rest of this article
If your job depends on informed compliance, you need International Trade Today. Delivered every business day and available any time online, only International Trade Today helps you stay current on the increasingly complex international trade regulatory environment.
Children’s Upper Outerwear with Drawstrings Will Become Substantial Hazard
The final rule will determine that children’s upper outerwear garments in sizes 2T to 12 or the equivalent, which have neck or hood drawstrings, and in sizes 2T to 16 or the equivalent, which have waist or bottom drawstrings that do not meet specified criteria, present substantial product hazards under section 15(j) of the Consumer Product Safety Act (CPSA).
Ties Will Be Considered Drawstrings
During the vote, the Commission unanimously approved an amendment by Commissioner Nord to clarify that CPSC has and will continue to consider ties to be within the definition of drawstrings and therefore covered by the final rule.
Products w/Hazard Require Immediate Reporting, to be Refused Admission, Etc.
A product with a substantial product hazard, such as drawstrings, faces the following restrictions and requirements:
- Must be reported immediately to CPSC -- is subject to the reporting requirements of section 15(b) of the CPSA (15 USC 2064(b)). A manufacturer (includes importer) who fails to report a substantial product hazard to the Commission is subject to civil and criminal penalties.
- Subject to corrective action (i.e., recall) -- is subject to corrective action under section 15(c) and (d) of the CPSA (15 USC 2064(c), (d)) which means that CPSC can order the manufacturer, distributor, or retailer of the product to offer to repair or replace the product, or to refund the purchase price to the consumer.
- Will be refused admission -- will be refused admission into the U.S. under section 17(a) of the CPSA (15 USC 2066(a)).
Commissioners Say 15(j) Will Help Push Compliance with Voluntary Standards
The Commissioners expressed strong support for their new “15(j)” authority, stating it will help them push compliance with voluntary standards, such as the ASTM voluntary standard that exists for drawstrings in children’s upper outerwear. It gives the agency the “teeth” it needs to address serious hazards without creating new mandatory standards.
1Section 15(j) of the CPSA provides a new general defect authority that allows CPSC to define the presence or absence of certain characteristics as a defect for a class of products. The characteristic must be “readily observable” and addressed by voluntary standards that are effective and generally complied with. The characteristic may be one that should not be present (e.g. drawstring) or one that should be present (e.g. hairdryer immersion protection). “15(j)” authority was established by the Consumer Product Safety Improvement Act of 2008 (CPSIA).
(See ITT’s Online Archives or 06/28/11 news, 11062813, for BP summary of CPSC’s first “15(j)” rule, which was on hairdryers without certain immersion protection.
See ITT’s Online Archives or 05/17/10 news, 10051763, for BP summary of the proposed 15(j) rules for drawstrings and hairdryers.)
Staff briefing package and draft Federal Register final rule available here.