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This Chapter contains the procedures to be followed if a firm disagrees with the Commission staff determination that a product is in violation of a regulation or standard administered by CPSC.

When the CPSC Compliance Officer notifies you in a LOA that a product you manufacture, import, or distribute fails to comply with a CPSC statute, standard or regulation, you may disagree with the staff´s determination.

The LOA will state that the firm may present evidence that a violation does not exist or that a product is not covered by the applicable statute or regulation. In response to the LOA, you may submit to the Compliance Officer evidence and arguments that support why you believe the product is not violative, not covered by a specific regulation, or should not be refused admission into the U.S. (if the violation involves an import sample).

A firm may respond to a Letter of Advice in writing and/or the firm may request an informal hearing to meet personally with the Office of Compliance staff to orally present views and evidence.

• results of tests indicating the product complies with the applicable regulation;
• marketing data indicating the product is not intended for the population group protected by the regulation;
• any other type of information.

Any additional evidence or arguments that a firm presents are reviewed by the appropriate CPSC Compliance staff, including appropriate technical staff. If the information you present does not, in the staff´s opinion, refute the staff´s claim that the product is violative or covered by a specific regulation, the Commission staff generally will notify you in writing why it believes the information submitted is insufficient before pursuing any enforcement action against the products or your firm.

If a firm continues to disagree with the staff and declines to take corrective action, the staff may request the Commission to approve appropriate legal proceedings including issuance of an administrative complaint, injunctive action, seizure action, or such other action as may be appropriate.