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NOTES:


Source

(Pub. L. 92–573, § 15, Oct. 27, 1972, 86 Stat. 1221; Pub. L. 94–284, § 12(a), May 11, 1976, 90 Stat. 508; Pub. L. 97–35, title XII, § 1211(h)(4), Aug. 13, 1981, 95 Stat. 723; Pub. L. 97–414, § 9(j)(3), (m), Jan. 4, 1983, 96 Stat. 2064, 2065; Pub. L. 100–418, title I, § 1214(d), Aug. 23, 1988, 102 Stat. 1156; Pub. L. 101–608, title I, §§ 111(a)(2), 112 (a), 113, Nov. 16, 1990, 104 Stat. 3114, 3115, 3117.)

References in Text

The Harmonized Tariff Schedule of the United States, referred to in subsec. (d), is not set out in the Code. See Publication of Harmonized Tariff Schedule note set out under section 1202 of Title 19, Customs Duties.

Amendments

1990—Subsec. (b). Pub. L. 101–608, § 112(a)(4), (5), in concluding provisions substituted “comply, of such defect, or of such risk” for “comply or of such defect” and “defect, failure to comply, or such risk” for “defect or failure to comply”.
Subsec. (b)(1). Pub. L. 101–608, § 112(a)(1), inserted reference to voluntary consumer product safety standard upon which Commission has relied under section 2058 of this title.
Subsec. (b)(3). Pub. L. 101–608, § 112(a)(2), (3), added par. (3).
Subsec. (f). Pub. L. 101–608, § 113, inserted at end “Any settlement offer which is submitted to the presiding officer at a hearing under this subsection shall be transmitted by the officer to the Commission for its consideration unless the settlement offer is clearly frivolous or duplicative of offers previously made.”
Subsec. (h). Pub. L. 101–608, § 111(a)(2), added subsec. (h).
1988—Subsec. (d). Pub. L. 100–418 substituted “general note 2 of the Harmonized Tariff Schedule of the United States” for “general headnote 2 to the Tariff Schedules of the United States” in last sentence.
1983—Subsec. (g)(1). Pub. L. 97–414 clarified previous inconsistencies in 1982 amendment by substituting “section 206 (d)(1)” for “section 206 (c)(1)” and amending Pub. L. 97–35, § 1211(h)(4), so as to strike out direction that par. (1) be amended by inserting “, Science and Transportation” after “on Commerce”.
1981—Subsec. (g)(1). Pub. L. 97–35, § 1211(h)(4), substituted reference to section 2061 (c)(1) for reference to section 2061 (e)(1), but probably should have substituted instead reference to section 2061 (d)(1) in view of the redesignation of section 2061 (e)(1) as section 2061 (d)(1) by section 1205(a)(2) of Pub. L. 97–35 and the nonexist­ence of a section 2061 (c)(1) of this title. Provisions of Pub. L. 97–35 directing that “, Science and Transportation” be inserted after “on Commerce” could not be executed in view of lack of such language in text. Section 1211(h)(4) of Pub. L. 97–35 was subsequently amended by Pub. L. 97–414. See 1983 Amendment note above.
1976—Subsec. (d). Pub. L. 94–284, § 12(a)(1), provided, in provision following par. (3), that an order issued under this subsection may prohibit the person to whom it applies from manufacturing for sale, offering for sale, distributing in commerce, or importing into the customs territory of the United States, the product for which the order was issued.
Subsec. (g). Pub. L. 94–284, § 12(a)(2), added subsec. (g).

Effective Date of 1988 Amendment

Amendment by Pub. L. 100–418 effective Jan. 1, 1989, and applicable with respect to articles entered on or after such date, see section 1217(b)(1) of Pub. L. 100–418, set out as an Effective Date note under section 3001 of Title 19, Customs Duties.

Effective Date of 1981 Amendment

Amendment by Pub. L. 97–35 effective Aug. 13, 1981, see section 1215 of Pub. L. 97–35, set out as a note under section 2052 of this title.

Reporting Requirements

Pub. L. 103–267, title I, § 102, June 16, 1994, 108 Stat. 726, provided that:
“(a) Reports to Consumer Product Safety Commission.—
“(1) Requirement to report.—Each manufacturer, distributor, retailer, and importer of a marble, small ball, or latex balloon, or a toy or game that contains a marble, small ball, latex balloon, or other small part, shall report to the Commission any information obtained by such manufacturer, distributor, retailer, or importer which reasonably supports the conclusion that—
“(A) an incident occurred in which a child (regardless of age) choked on such a marble, small ball, or latex balloon or on a marble, small ball, latex balloon, or other small part contained in such toy or game; and
“(B) as a result of that incident the child died, suffered serious injury, ceased breathing for any length of time, or was treated by a medical professional.
“(2) Treatment under cpsa.—For purposes of section 19(a)(3) of the Consumer Product Safety Act (15 U.S.C. 2068 (a)(3)), the requirement to report information under this subsection is deemed to be a requirement under such Act [15 U.S.C. 2051 et seq.].
“(3) Effect on liability.—A report by a manufacturer, distributor, retailer, or importer under paragraph (1) shall not be interpreted, for any purpose, as an admission of liability or of the truth of the information contained in the report.
“(b) Confidentiality Protections.—The confidentiality protections of section 6(b) of the Consumer Product Safety Act (15 U.S.C. 2055 (b)) apply to any information reported to the Commission under subsection (a) of this section. For purposes of section 6(b)(5) of such Act, information so reported shall be treated as information submitted pursuant to section 15(b) of such Act [15 U.S.C. 2064 (b)] respecting a consumer product.”


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