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B-335363 Jun 20, 2023 1 (2023-06-20)

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                     U.S. GOVERNMENT ACCOUNTABILITY OFFICE
441 G St. N.W.
Washington, DC 20548


B-335363


June 20, 2023

The Honorable Maria Cantwell
Chair
The Honorable Ted Cruz
Ranking Member
Committee on Commerce,  Science, and Transportation
United States Senate

The Honorable Cathy McMorris Rodgers
Chair
The Honorable Frank Pallone, Jr.
Ranking Member
Committee on Energy and Commerce
House of Representatives

Subject: Consumer Product Safety Commission: Safety Standard for Clothing Storage Units

Pursuant to section 801(a)(2)(A) of title 5, United States Code, this is our report on a major rule
promulgated by the Consumer Product Safety Commission (CPSC) entitled Safety Standard for
Clothing Storage Units (CPSC-2023-0015). We received the rule on June 6, 2023. It was
published in the Federal Register as a direct final rule on May 4, 2023. 88 Fed. Reg. 28403.
The effective date is September 1, 2023.

According to CPSC, this direct final rule adopts the requirements of ASTM F2057-23, a
voluntary standard adopted by ASTM International. In November 2022, CPSC published a
consumer  product safety standard for clothing storage units (CSUs) to protect children from
tip-over-related death or injury, with an effective date of May 24, 2023. 87 Fed. Reg. 72598. In
December  2022, the President signed into law the Stop Tip-overs of Unstable, Risky Dressers
on Youth Act (STURDY), which, according to CPSC, requires CPSC to either develop and
promulgate a new consumer product safety standard for CSUs that meets certain requirements
specified in STURDY, or determine that a voluntary standard exists that meets STURDY's
requirements. Pub. L. No. 117-328, 136 Stat. 4459, div. BB, title II, § 201 (Dec. 29, 2022). As
stated by CPSC, if CPSC determines that a timely-issued voluntary standard satisfies
STURDY's  criteria, then STURDY requires CPSC to promulgate a final consumer product safety
standard that adopts the applicable performance requirements of the voluntary standard, to
supersede any existing CSU rule. CPSC stated that on April 19, 2023, it determined that ASTM
F2057-23, Standard Safety Specification for Clothing Storage Units, is a voluntary standard that
meets the requirements of STURDY. CPSC  expressed that in light of that determination, this
direct final rule adopts the requirements of ASTM F2057-23 as required by STURDY.
According to CPSC, the current CSU rule, which was added in a final rule published on
November  25, 2022, is stayed and will not take effect because STURDY provides that adoption
of the ASTM standard will supersede CPSC's current rule.

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