CPSC Proposes to Refuse Imports of Window Covering Cords That Don't Meet Voluntary Standard

The Consumer Product Safety Commission is proposing to add window covering cords that don't meet certain requirements of the relevant industry standard to its substantial product hazard list. If the rule is finalized, stock and custom window coverings that do not meet industry standards for operating cord length, inner cord size and labeling will be subject to refusal of admission, and importers and manufacturers that import hazardous window coverings would be subject to CPSC corrective action plans and penalties. Comments are due March 23.

Would Cover All Window Coverings, Including Blinds and Shades

The proposed rule defines a stock window covering as "a window covering that is completely or substantially fabricated prior to being distributed in commerce and is a specific stock-keeping unit (SKU). Even when the seller, manufacturer, or distributor modifies a preassembled product by adjusting to size, attaching the top rail or bottom rail, or tying cords to secure the bottom rail, the product is still considered stock. Online sales of the product or the size of the order such as multi-family housing do not make the product a non-stock product." Custom window covering is defined as "a window covering that does not meet the definition of a stock window covering."

"Window coverings comprise a wide range of products, including shades, blinds, curtains, and draperies," CPSC said in the preamble to the proposed rule. "Generally, the industry considers blinds as 'hard' window coverings, composed of slats or vanes, and considers shades as 'soft' window coverings, composed of a continuous roll of material. Both blinds and shades may have inner cords that distribute forces to cause a motion, such as raising, lowering, or rotating the window covering to achieve a consumer’s desired level of light control. Manufacturers use inner cords on window coverings to open and close blinds and shades, using a variety of mechanisms, including traditional operating cords, motors or direct-lift of the bottom rail of the product, to manipulate inner cords. Curtains and draperies do not contain inner cords, but consumers can operate curtains and drapes using a continuous loop operating cord or a wand.

"A cord or loop used by consumers to manipulate a window covering is called an 'operating cord' and may be in the form of a single cord, multiple cords, or continuous loops. 'Cordless' window coverings are products designed to function without an operating cord, but they may contain inner cords." CPSC says window coverings pose a "risk of strangulation to children 8 years old and younger associated with hazardous cords."

‘Substantial Product Hazards’ Refused Admission

Stock window coverings covered by the proposed rule would have to comply with ANSI/WCMA A100.1 -- 2018, "American National Standard For Safety Of Corded Window Covering Products" standards for operating cords, inner cords and labeling. Custom window covers would have to comply with only inner cord and labeling requirements, but CPSC is simultaneously proposing a new safety standard for custom window coverings that would address operating cord requirements (see 2201060019). Noncompliance with any of these criteria would cause a window covering cord to be a substantial product hazard, CPSC said.

If a window covering offered for import is a substantial product hazard, it would be refused admission, and CBP would have the ability to seize the product and assess civil penalties. Additionally, under the proposed rule, the importer, manufacturer, distributor or retailer would be subject to reporting requirements, and failure to report would subject it to civil, and possibly criminal, penalties. CPSC would also have the authority to require the importer, manufacturer, distributor or retailer to offer to repair or replace the product, or refund the purchase price to the consumer, under a corrective action plan.