CPSC COALITION

December 15, 2009

VIA ELECTRONIC MAIL

Office of the Secretary
U.S. Consumer Product Safety Commission
4330 East-West Highway, Room 502
Bethesda, MD 20814-4408

Re: Request for Continuation of Stay of Enforcement (CPSIA §102)
 

Dear Mr. Stevenson:

On behalf of the NAM CPSC Coalition and the undersigned associations, we are writing
to request the continuation of the stay of enforcement of section 102(a) relating to testing
and certification requirements under the Consumer Product Safety Improvement Act
(CPSIA), effective February 10, 2009 – February 10, 2010. We are requesting an
extension of that stay through December 31, 2010.

Consumer product safety is of the utmost importance to U.S. manufacturers and the retail
community. Our organizations are deeply committed to ensuring a well-functioning and
credible product safety regime – one that gives all stakeholders the confidence they need
that products meet all applicable safety standards and regulations. This means having
clear and comprehensive rules, combined with a predictable and transparent enforcement
regime, so that businesses can make decisions with a reasonable understanding of how to
comply with those rules.

The presumed expiration of the current stay is February 10, 2010 – less than 60 days
from now - and the agency has yet to finalize a number of important rulemakings and
there are still a significant number of unanswered questions regarding testing and
certification requirements. We commend the agency for working to provide clarity on
many of these new requirements, and for its commitment to ensure a dialogue to receive
input from stakeholders. However, we note that there is insufficient time for the agency
to promulgate comprehensive rulemaking and for our members’ supply chains to absorb
and incorporate those new rules before the expiration of the current stay of enforcement.

Accordingly, we recommend that the Commission vote quickly to extend the stay
through the end of 2010. We also recommend that the Commission establish an
aggressive schedule of outreach and education to make certain that the business
community, consumer groups, state governments, and international governments have the
fullest possible opportunity to learn about and incorporate these new rules.

We believe that all stakeholders will benefit from this approach. Businesses will have the
time necessary to implement changes in their processes, educate their partners, and
establish compliant programs and guidelines for the new standards. The Commission, and
its partner agencies, will also have the time to develop and publish answers to the many
questions that have been raised, share information with all stakeholders, fashion
appropriate enforcement strategies, and ensure a level playing field for businesses of all
sizes. Finally, consumers will benefit because the product safety regime will be clear and
transparent to the public.

Our members are responsible for millions of jobs in large and small businesses spread
throughout the country. More importantly, our employees are also consumers, and we
also demand that the products we buy – for our families and for ourselves – are safe and
compliant.

Requesters hereby respectfully request that the termination date of the stay of
enforcement of §102(a) testing and certification requirements be extended to December
31, 2010.

Sincerely,

Alliance for Children’s Product Safety
American Apparel & Footwear Association (AAFA)
American Fiber Manufacturers Association
American Forest & Paper Association
American Home Furnishings Alliance
Association of Home Appliance Manufacturers
American Manufacturing Trade Action Coalition
Carpet and Rug Institute
Coalition for Safe and Affordable Childrenswear, Inc.
Consumer Electronics Association
Consumer Specialty Products Association
Fashion Accessories Shippers Association (FASA)
Greeting Card Association
Handmade Toy Alliance
Hands on Science Partnerships
INDA, Association of the Nonwoven Fabrics Industry
International Association of Amusement Parks and Attractions
International Sleep Products Association
Juvenile Products Manufacturers Association (JPMA)
Manufacturing Jewelers and Suppliers of America
National Association of Manufacturers
National Council of Textile Organizations (NCTO)
National Paint & Coatings Association, Inc.
National Retail Federation
National School Supply and Equipment Association
National Textile Association
Outdoor Industry Association
Promotional Products Association International
Real Diaper Industry Association
Resilient Floor Covering Institute
Secondary Materials and Recycled Textiles Association (SMART)
Soap & Detergent Association
Society of Glass & Ceramic Decorated Products
Society of the Plastics Industry, Inc.
Specialty Graphic Imaging Association
Sporting Goods Manufacturers Association
The Hosiery Association
Toy Industry Association
Travel Goods Association (TGA)
U.S. Association of Importers of Textiles and Apparel