The Commission’s regulations at 16 C.F.R. part 1019 require that, before a firm may export products that fail to comply with the CPSA, FHSA, and FFA, a firm must notify the Commission at least 30 days in advance of the exportation date. This includes noncomplying goods stopped in import status.
The following information must be provided to the Commission:
Name, address and telephone number of the U.S. exporter;
Name and address of each consignee;
Quantity and description of the goods to be exported to each consignee, including brand or trade names or model or other identifying numbers;
Identification of the standards, bans, regulations and statutory provision applicable to the goods being exported, and an accurate description of the manner in which the goods fail to comply with applicable requirements; and,
Anticipated date of shipment and port of destination.
Address the notification of intent to export to:
Assistant Executive Director for Compliance
U.S. Consumer Product Safety Commission
Washington, D.C. 20207
The following paragraphs reflect the requirements of the various statutes:
FHSA Violations - Export notification is required by section 14(d) of the FHSA, 15 U.S.C. §. 1273. The failure to provide such a notice is a prohibited act under section 4(i) of the FHSA, 15 U.S.C. § 1263(i), and subject to the penalties described in section 5 of the FHSA, 15 U.S.C. § 1264.
CPSA Violations - Export notification is required by section 18(b) of the CPSA, 15 U.S.C. § 2067(b). The failure to provide such a notice is a prohibited act under section 19(a)(10), 15 U.S.C. § 2068(a)(10), and is subject to the penalties described in sections 20 and 21 of the CPSA,15 U.S.C. §§ 2069 and 2070.
FFA Violations - Export notification is required by section 15(c) of the FFA, 15 U.S.C. § 1202(c). The failure to provide such a notice is subject to the criminal penalties of section 7 of the FFA, 15 U.S.C. § 1196.