---
kind: "section"
citation: "16 C.F.R. § 1112.53"
title: "16"
number: "1112.53"
heading: "Can the CPSC immediately withdraw its acceptance of the accreditation of a third party conformity assessment body?"
url: "https://uscodex.org/cfr/16/1112.53"
---

# §1112.53. Can the CPSC immediately withdraw its acceptance of the accreditation of a third party conformity assessment body?

- (a) When it is in the public interest to protect health and safety, and notwithstanding any other provision of this part, the CPSC may withdraw immediately and temporarily its acceptance of a third party conformity assessment body's accreditation for any portion of its CPSC scope while the CPSC pursues an investigation and potential adverse action under [§ 1112.51](/cfr/16/1112.51.md).
  - (1) For purposes of this part, “in the public interest to protect health and safety” means that the CPSC has credible evidence that:
    - (i) The integrity of test(s) being conducted under a scope for which the CPSC has accepted the third party conformity assessment body's accreditation, have been affected by undue influence or otherwise interfered with or compromised; and
    - (ii) The scope for which the CPSC has accepted the third party conformity assessment body's accreditation involve a product(s) which, if noncompliant with CPSC rules, bans, standards, and/or regulations, constitutes an imminently hazardous consumer product under [section 12](/cfr/16/12.md) of the CPSA.
  - (2) When presented with an allegation that, if credible, would result in immediate and temporary withdrawal of CPSC acceptance of a third party conformity assessment body's accreditation, the investigation and adverse action procedures described in [§ 1112.51](/cfr/16/1112.51.md) apply, except that instead of the timeframes described in [§ 1112.51](/cfr/16/1112.51.md), the following timeframes will apply when the CPSC pursues immediate and temporary withdrawal:
    - (i) The Initial Notice will generally inform the third party conformity assessment body that it has 7 calendar days to respond.
    - (ii) An administrative appeal of a Final Notice of immediate and temporary withdrawal will be timely if filed within 7 calendar days of the date of the Final Notice.
- (b) If the third party conformity assessment body is already the subject of an investigation or adverse action process under [§ 1112.51](/cfr/16/1112.51.md), the immediate and temporary withdrawal will remain in effect until: the agency communicates in writing that the immediate and temporary withdrawal has been lifted; the investigation concludes and the agency does not propose an adverse action; or the adverse action process concludes with denial, suspension, or withdrawal.
- (c) If the third party conformity assessment body is not already the subject of an investigation or adverse action process under [§ 1112.51](/cfr/16/1112.51.md), an investigation under [§ 1112.51(a)](/cfr/16/1112.51.md?p=a) will be launched based on the same information that justified the immediate and temporary withdrawal.

## Notes

### Source

Source: 78 FR 15865, Mar. 12, 2013, unless otherwise noted.

### Authority

Authority: 15 U.S.C. 2063.

### Source

Source: 77 FR 31084, May 24, 2012, unless otherwise noted.