Page:United States Statutes at Large Volume 92 Part 3.djvu/1113

 PUBLIC LAW 95-631—NOV. 10, 1978

92 STAT. 3745

described in paragraph (2), the Commission may publish such standard, in whole, in part, or in such combination and with nonmaterial modifications, as a proposed consumer product safety rule without making an invitation under subsection (b)(1)(D)(i).". SEC. 6. (a) Section 18 of the Consumer Product Safety Act (15 U.S.C. 2067) is amended— (1) by inserting " (a) " after "SEC. 18.", by inserting " (A) " after "unless", and by inserting before ", and (2)" the following: ", or (B) the Commission determines that exportation of such product presents an unreasonable risk of injury to consumers within the United States,"; and (2) by adding at the end thereof the following new subsection: " (b) Not less than thirty days before any person exports to a foreign country any product— "(1) which is not in conformity with an applicable consumer product safety standard in effect under this Act, or " (2) which is declared to be a banned hazardous substance by a rule promulgated under section 9, such person shall file a statement with the Commission notifying the Commission of such exportation, and the Commission, upon receipt of such statement, shall promptly notify the government of such country of such exportation and the basis for such safety standard or rule. Any statement filed with the Commission under the preceding sentence shall specify the anticipated date of shipment of such product, the country and port of destination of such product, and the quantity of such product that will be exported, and shall contain such other information as the Commission may by regulation require. Upon petition filed with the Commission by any person required to file a statement under this subsection respecting an exportation, the Commission may, for good cause shown, exempt such person from the requirement of this subsection that such a statement be filed no less than thirty days before the date of the exportation, except that in no case shall the Commission permit such a statement to be filed later than the tenth day before such date.". (b) Section 19(a) of the Consumer Product Safety Act (15 U.S.C. 2068(a)) is amended— (1) in paragraph (8), by striking out "or"; (2) in paragraph (9), by striking out the period and inserting in lieu thereof "; and"; and (3) by adding after paragraph (9) the following new paragraph: "(10) fail to file a statement with the Commission pursuant to section 18(b).". (c) Section 20(a) of the Consumer Product Safety Act (15 U.S.C. 2069(a)) is amended in paragraph (1) by striking out "(8), or (9)" and inserting in lieu thereof " ^8), (9), or (10)". SEC. 7. (a) Section 4 of the Federal Hazardous Substances Act (15 U.S.C. 1263) is amended by adding at the end the following new subsection: "(i) The failure to notify the Consumer Product Safety Commission with respect to exports, pursuant to section 14(d).". (b) Clause (3) of section 5(b) of the Federal Hazardous Substances Act (15 U.S.C. 1262(b)) is amended— (1) by striking out "in respect of" and inserting in lieu thereof ''with respect to"; and

Exports.

Statement filing and notification to country.

15 USC 2058.

Exemption, petition,

,..

Post, p. 3746. 15 USC 1264.

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