40 C.F.R. § 763.165

Manufacture and importation prohibitions

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(a) After August 27, 1990, no person shall manufacture or import the following asbestos-containing products, either for use in the United States or for export: flooring felt and new uses of asbestos.

(b) After August 26, 1996, no person shall manufacture or import the following asbestos-containing products, either for use in the United States or for export: commercial paper, corrugated paper, rollboard, and specialty paper.

(1) The import into the customs territory of the United States of products imported solely for shipment outside the customs territory of the United States, unless further repackaging or processing of the product is performed in the United States; or

(2) Activities involving purchases or acquisitions of small quantities of products made outside the customs territory of the United States for personal use in the United States.

[59 FR 33209, June 28, 1994]

Notes of Decisions

Cited in 2 cases, 1991–2016 · leading case: Kesner v. Superior Court of Alameda Cnty., 1 Cal. 5th 1132 (Cal. 2016).

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Kesner v. Superior Court of Alameda Cnty., 1 Cal. 5th 1132 (Cal. 2016). “1001 (2016) [federal regulations setting forth detailed protective measures and limits for occupational exposure to asbestos]; 40 C.F.R. § 763.165 (2015) [banning the import and manufacture of certain asbestos-containing products]), imposing a duty to prevent secondary exposure…”

Corrosion Proof Fittings v. The Env't Prot. Agency & William K. Reilly, Adm'r, 947 F.2d 1201 (5th Cir. 1991). “See 40 C.F.R. §§ 763.165 (a)-.167(a). The rule also requires labeling of phase 1 products after August 27, 1990, see id.”

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