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	Comments on: CPSIA, uncompliable	</title>
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	<description>Chronicling the high cost of our legal system</description>
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		<title>
		By: David Taylor		</title>
		<link>https://www.overlawyered.com/2010/10/cpsia-uncompliable/comment-page-1/#comment-107653</link>

		<dc:creator><![CDATA[David Taylor]]></dc:creator>
		<pubDate>Fri, 12 Nov 2010 00:53:43 +0000</pubDate>
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					<description><![CDATA[I have only recently become aware of the &#039;small business&#039; issues that have resulted from the CPSIA but can relate to the &#039;knee-jerk&#039; rulemaking behind all of this.  I am much more familiar with the CPSC&#039;s &quot;sister&quot; agency, the National Highway Traffic Safety Administration (NHTSA) and its rulemaking process.   After the Firestone ATX disaster of about 2000, NHTSA promulgated (The TREAD Act) a host of new regulations for tires; some necessary, some quite overbearing an onerous.   A decade later they are STILL writing new regs for tires.  They just can&#039;t stop.   My point is this:  although the top U.S. , Asian, and European tire manufacturer&#039;s will spend 100&#039;s of millions of dollars to comply with these new regs, the 50 - 60 (?) Chinese (and other) brands that are imported into the U.S. may HAVE NOTHING TO FEAR if their  tires are  in compliance with the new Federal Motor Vehicle Safety Standards (FMVSS).  FMVSS, you see, are &quot;voluntary compliance&quot; regs.  and the NHTSA has nowhere near the  budget (never has) the BUDGET to conduct compliance testing to determine if the FLOOD of imported tires meet the ever increasing new FMVSS.   I recently checked NHTSA&#039;s &quot;compliance testing&quot; database.  A lot of motorcyle and baby seat testing.  I can&#039;t find any imported tire compliance testing.   There may be about 160 or so imported tire brands in the U.S.  How does the CPSC intend to monitor the 10&#039;s of thousands of potential products under the CPSIA? 
Conscientious U.S.  producers will comply with the law.  Many importers may ignore it and take their chances.]]></description>
			<content:encoded><![CDATA[<p>I have only recently become aware of the &#8216;small business&#8217; issues that have resulted from the CPSIA but can relate to the &#8216;knee-jerk&#8217; rulemaking behind all of this.  I am much more familiar with the CPSC&#8217;s &#8220;sister&#8221; agency, the National Highway Traffic Safety Administration (NHTSA) and its rulemaking process.   After the Firestone ATX disaster of about 2000, NHTSA promulgated (The TREAD Act) a host of new regulations for tires; some necessary, some quite overbearing an onerous.   A decade later they are STILL writing new regs for tires.  They just can&#8217;t stop.   My point is this:  although the top U.S. , Asian, and European tire manufacturer&#8217;s will spend 100&#8217;s of millions of dollars to comply with these new regs, the 50 &#8211; 60 (?) Chinese (and other) brands that are imported into the U.S. may HAVE NOTHING TO FEAR if their  tires are  in compliance with the new Federal Motor Vehicle Safety Standards (FMVSS).  FMVSS, you see, are &#8220;voluntary compliance&#8221; regs.  and the NHTSA has nowhere near the  budget (never has) the BUDGET to conduct compliance testing to determine if the FLOOD of imported tires meet the ever increasing new FMVSS.   I recently checked NHTSA&#8217;s &#8220;compliance testing&#8221; database.  A lot of motorcyle and baby seat testing.  I can&#8217;t find any imported tire compliance testing.   There may be about 160 or so imported tire brands in the U.S.  How does the CPSC intend to monitor the 10&#8217;s of thousands of potential products under the CPSIA?<br />
Conscientious U.S.  producers will comply with the law.  Many importers may ignore it and take their chances.</p>
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