81
STAT.]
PUBLIC LAW 90-189-DEC. 14, 1967
and fails to conform with an applicable flammability standard iii effect on the date of entry of such merchandise, the Secretary of the Treasury shall demand redelivery and in the absence thereof shall assert a claim for liquidated damages for breach of a condition of the bond arising out of such failure to conform or redeliver in accordance with regulations prescribed by the Secretary of the Treasury or his delegate. When asserting a claim for liquidated damages against an importer for failure to redeliver such nonconforming goods, the liquidated damages shall be not less than 10 per centum of the value of the nonconforming merchandise if, within five years prior thereto, the importer has previously been assessed liquidated damages for failure to redeliver nonconforming goods in response to a demand from the Secretary of the Treasury as set forth above." SEC, 8. Section 11 of the Flammable Fabrics Act is amended to read as follows:
573
e? Stat. 115^
15 USC 1200.
"EXCLUSIONS
"SEC. 11. The provisions of this Act shall not apply (a) to any common carrier, contract carrier, or freight forwarder m transporting a product, fabric, or related material shipped or delivered for shipment into commerce in the ordinary course of its business; (b) to any converter, processor, or finisher m performing a contract or commission service for the account of a person subject to the provisions of this Act: Provided, That said converter, processor, or finisher does not cause any product, fabric, or related material to become subject to this Act contrary to the terms of the contract or commission service; or (c) to any product, fabric, or related material shipped or delivered for shipment into commerce for the purpose of finishing or processing such product, fabric, or related material so that it conforms with applicable flammability standards issued or amended under the provisions of section 4 of this Act." SEC. 9. Section 13 of the Flammable Fabrics Act is amended to read as follows:
^"'e, p. 569. is use 1191 note.
"AUTHORIZATION OF APPROPRIATIONS
"SEC. 13. There are hereby authorized to be appropriated $1,500,000 for the fiscal year ending June 30, 1968, and $2,250,000 each for the fiscal year ending June 30, 1969, and the fiscal year ending June 30, 1970, to carry out the provisions of this Act." SEC. 10. The Flammable Fabrics Act is further amended by adding ^^^^^^'^ ^^^^' 1200. at the end thereof the following new sections: 'INVESTIGATIONS
"SEC. 14. (a) The Secretary of Health, Education, and Welfare in cooperation with the Secretary of Commerce shall conduct a continuing study and investigation of the deaths, injuries, and economic losses. resulting from accidental burning of products, fabrics, or related materials. The Secretary of Health, Education, and Welfare shall sub- Report to President mit annually a report to the President and to the Congress containing"" " and e o n the results of the study and investigation, " (b) I n cooperation with appropriate public and private agencies, the Secretary of Commerce is authorized to— "(1) conduct research into the flammability of products, fabrics, and materials; "(2) conduct feasibility studies on reduction of flammability of products, fabrics, and materials; "(3) develop flammability test methods and testing devices; and
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