Injury and Accident Law

Chapter 6 - Export Requirements

This Chapter provides information on the requirement to notify the Consumer Product Safety Commission before exporting products that violate mandatory standards issued by the Commission.

Policy Statement Regarding Prohibition of Exportation

When CPSC advises a firm that a product it manufactures, distributes, or imports fails to comply with an applicable CPSC statute or regulation, one option the firm may wish to consider is whether the goods may be exported. CPSC has established specific requirements relating to the exportation of noncomplying products that prohibit or restrict such exportation. Noncomplying foods, drugs, and cosmetics under the PPPA are not covered by the Commission’s export notification requirements. Following is a discussion of these limitations.

Products Subject to the FHSA - The Commission’s regulation at 16 C.F.R. § 1019.33(b) states that the Commission interprets the provisions of the FHSA to prohibit the export of products that are misbranded hazardous substances or banned hazardous substances if those products have at any time been sold or offered for sale in domestic commerce. Therefore, export of such banned or misbranded hazardous substances can take place only if CPSC exercises its discretion not to prevent their export.

Products Subject to the CPSA - The Commission’s regulation at 16 C.F.R. § 1019.33(a) states that the Commission interprets the provisions of the CPSA to prohibit the export of products that fail to comply with an applicable consumer product safety standard or banning rule issued under that Act if those products have at any time been distributed in commerce for use in the United States. Therefore, export of such products can take place only if CPSC exercises its discretion not to prevent their export.

Products Subject to the FFA - In accordance with the Commission’s regulation at 16 C.F.R. § 1019.31(b)(6), the Commission’s prohibition on the export of noncomplying products that have been distributed in domestic commerce does not include products subject to standards issued under the FFA. Thus, products that violate a flammability standard under the FFA and that have been distributed in domestic commerce may be exported upon proper notification to the Commission.