. /.   WORLD TRADE  
ORGANIZATION  G/TBT/N/USA/218 
4 October 2006 
 (06-4743) 
Committee on Technical Barriers to Trade Original:   English 
  
 
NOTIFICATION 
 
The following notification is being circ ulated in accordance with Article 10.6. 
 
1. Member to Agreement notifying:   UNITED STATES
 
If applicable, name of local government involved (Articles 3.2 and 7.2):         
2. Agency responsible:   Consumer Product Safety Commission (CPSC) (227) 
Name and address (including telephone and fax numbers, e-mail and web-site 
addresses, if available) of  agency or authority designated to handle comments 
regarding the notification shall be  indicated if different from above:         
3. Notified under Article 2.9.2 [  X ], 2.10.1 [   ], 5.6.2 [   ], 5.7.1 [   ], other:         
4. Products covered (HS or CCCN where applicable, otherwise national tariff heading. 
ICS numbers may be provided in  addition, where applicable):   Infant cushions and 
pillows (HS: Chapter 3926;  ICS:  97) 
5. Title, number of pages and language(s) of the notified document:   Infant 
Cushions/Pillows;  Advance Notice of Propo sed Rulemaking;  Request for Comments and 
Information (3 pages, in English). 
6. Description of content:    
Under the Commission's regulations, any infant  cushion/pillow that meets the criteria set 
forth in the Commission's regulations at 16 CFR 1500.18(a)(16)(i), is currently a banned hazardous substance.  In July 2005, the Commission received a petition from Boston Billows, Inc. asking the Commission to amend 16 CFR 1500.18(a)(16)(i)(A)-(E) to provide an exception to the ban when the product is specifically designed, intended and promoted 
for mothers to use when breastfeeding and request ed by a Pediatrician or a Board Certified 
Lactation Consultant.  On July 10 2006, th e Commission voted to grant the petition to the 
extent it requests the Commission to commence a rulemaking process to evaluate whether 
the Boston Billow nursing pillow and other infa nt cushions/pillows or pillow-like products 
(See Note 1 below) could result in an amendmen t to the existing ban.  Accordingly, this 
advance notice of proposed rulemaking (ANP R) initiates a rulemaking proceeding that 
could result in an amendment to the exis ting ban on infant cushions/pillows.  This 
proceeding is commenced under the Federa l Hazardous Substances Act (FHSA).   
 By this notice, the Commission solicits written comments from interested persons 
concerning, in general, the risk of injury asso ciated with infant cushions/pillows or pillow-
like products.  The Commission requests writte n comments on the regulatory alternatives 
discussed in this notice and other possible ways  to address these risks.  The Commission 
also invites interested persons to submit an ex isting standard, or a statement of intent to 
modify or develop a voluntary standard, to addr ess the risk of injury id entified in the notice. 
 G/TBT/N/USA/218 
Page 2  
 
  Note 1: The term ``infant cushions/pillows or  pillow-like products'' used throughout this 
ANPR means infant cushions/pillows or pillo w-like products intended for use by infants 
less than one year of age, including, but not limited to, nursing pillows, infant beanbag seats 
or carriers, infant sleep aid pillows or similar products. 
7. Objective and rationale, including the na ture of urgent problems where applicable:  
Protection of human life and health 
8. Relevant documents:   71 Federal Register (FR) 56418 27 September 2006;  Title 16 Code 
of Federal Regulations (CFR) Part 1500.  Will a ppear in the Federal Register when adopted. 
9. Proposed date of adoption:   
Proposed date of entry into force:   } To be determined 
10. Final date for comments:   27 November 2006 
11. Texts available from:  National enquiry point [  X ] or address, telephone and fax 
numbers, e-mail and web-site addresses, if available of the other body:   
Internet URLs: 
 
http://a257.g.akamaitech.net/7/257/24 22/01jan20061800/edocket.access.gpo.gov/2006/06-
8265.htm http://a257.g.akamaitech.net/7/257/24 22/01jan20061800/edocket.access.gpo.gov/2006/pdf/
06-8265.pdf