Page:United States Statutes at Large Volume 104 Part 4.djvu/629

 PUBLIC LAW 101-592—NOV. 16, 1990 104 STAT. 2945 (7) "importer" means a person located within the United States who contracts for the initial purcheise of fasteners manufactured outside the United States for resale or such person's use within the United States; (8) "Institute" means the National Institute of Standard and Technology; (9) "lot means a quantity of fasteners of one part number fabricated by the same production process from the same coil or heat number of metal as provided by the metal manufacturer and submitted for inspection and testing at one time; (10) "manufacturer means a person who fabricates fasteners, or who alters any item so that it becomes a fastener; (11) "original equipment manufacturer" means a person who uses fasteners in the manufacture or assembly of its products and sells fasteners to authorized dealers as replacement or service parts for its products; (12) "private label distributor" means a person who contracts with a manufacturer for the fabrication of fasteners bearing the distributor's distinguishing insignia; (13) "Secretary" means the Secretary of Commerce; (14) "standards and specifications" means the provisions of a document published by a consensus standards organization, a government agency, or a major end-user of fasteners which defines or describes dimensional characteristics, limits of size, acceptable materials, processing, functional behavior, plating, baking, inspecting, testing, packaging, and required markings of any fastener; and (15) "through-harden" means heating above the transformation temperature followed by quenching and tempering. SEC. 4. SPECIAL RULES FOR FASTENERS. 15 USC 5403. (a) WAIVER REQUIREMENT. — If the Secretary determines that any cat^ory of fastener is not used in critical applications, the Secretary shall waive the requirements of this Act with respect to such cat^ory. (b) ADDITIONAL ITEMS. —If the Secretary determines that— ^ (1) a cat^ory of screw, nut, bolt, or stud which is not described in section 3(5)(A)(i) or (B), (2) a cat^ory of item which is associated with a fastener described in section 3(5)(A), (B), or (C), or (3) a cat^ory of item which serves a function comparable to that served by a fastener so described is used in critical applications, the Secretary may include such cat^ory under section 3(5)(D) and therefore within the definition of fasteners under this Act. (c) NOTICE AND OPPORTUNITY FOR COMMENTS.—The Secretary shall provide advance notice and the opportunity for public comments prior to making any determination under subsections (a) and (b) and shall act through the Director in making any such determination. SEC. 5. TESTING AND CERTIFICATION OF FASTENERS. 15 USC 5404. (a) REQUIREMENT.— (1) No fastener shall be offered for sale or sold in commerce unless it is part of a lot which— (A) conforms to the standards and specifications to which the manufacturer represents it has been manufactured; and (B) has been inspected, tested, and certified as provided in subsections (b) and (c) of this section.

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