Injury and Accident Law

Prohibition on Exportation

Prohibition on Exportation

In accordance with § 18(a) of the CPSA, § 5(b)(3) of the FHSA, and § 15(a) of the FFA, the Commission may prohibit the exportation of any product regulated under these statutes if it determines that the exportation of such products presents an unreasonable risk of injury to consumers within the United States. This authority could be used to prohibit the export of products subject to the FHSA, CPSA, or FFA that have been stopped in import status and products subject to the FFA that have been in domestic commerce.

Before prohibiting the exportation of such products the Commission would have to make a factual determination about the existence of an unreasonable risk. Relevant factors would include the nature and degree of the risk to consumers, the economic effects on business people, the attitude of the foreign country scheduled to receive the products, and the likelihood of the products re-entering the United States if exportation were permitted.