Monday January 16, 2023
CPSC Rule on Custom Window Coverings Stayed Pending Court Review
The Window Covering Manufacturers Association (WCMA) January 10 won a stay of the recent CPSC rule on custom window coverings. This means the agency cannot enforce the rule while it is under review in the Washington, D.C. U.S. appeals court. The case is before a three-judge panel – Karen Henderson, Gregory Katsas, and Neomi Rao.
WCMA launched its suit late last year (PSL, 12/12/22). The new order lays out a calendar towards filing briefs and replies until late March. CPSC set a May 30 effective date.
In a related press release, WCMA noted:
"The Court’s order stated that WCMA 'satisfied the stringent requirements for a stay pending court review.' One of those requirements is that WCMA demonstrated that it is likely to ultimately succeed in the case."
The suit targets only CPSC's rule on custom designs. The other – approved simultaneously (PSL, 11/7/2022) – applies WCMA's 100.1 standard to stock designs.
The two-rule tack was triggered by the custom-vs-stock approach taken by WCMA in its standard in 2018 – an approach explicitly rejected by Canada (PSL, 5/6/19). The Canadian approach arose last fall (PSL, 10/24/22) at CPSC's briefing on the then-proposed rules.
The context was industry already complying with Canadian rules said to be substantially equivalent although commissioners heard that there are some differences and that there are smaller U.S. companies not operating in Canada who do not already comply. Additionally, CPSC staff had proposed a two-year compliance period for custom designs more than 10 feet in vertical length, but commissioners set a 180-day period (PSL, 11/7/22) deeming lack of justification for longer.