[Federal Register: March 4, 2008 (Volume 73, Number 43)] [Proposed Rules] [Page 11701-11752] From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr04mr08-31] [[Page 11701]] ----------------------------------------------------------------------- Part II Consumer Product Safety Commission ----------------------------------------------------------------------- 16 CFR Part 1634 Standard for the Flammability of Residential Upholstered Furniture; Proposed Rule [[Page 11702]] ----------------------------------------------------------------------- CONSUMER PRODUCT SAFETY COMMISSION 16 CFR Part 1634 Standard for the Flammability of Residential Upholstered Furniture AGENCY: Consumer Product Safety Commission. ACTION: Notice of proposed rulemaking. ----------------------------------------------------------------------- SUMMARY: The United States Consumer Product Safety Commission (``Commission'' or ``CPSC'') is proposing flammability standards for residential upholstered furniture under the Flammable Fabrics Act (``FFA''). The proposal would establish performance requirements and certification and labeling requirements for upholstered furniture. Manufacturers of upholstered furniture would choose one of two possible methods of compliance: They could use cover materials that are sufficiently smolder resistant to meet a cigarette ignition performance test; or they could place fire barriers that meet smoldering and open flame resistance tests between the cover fabric and interior filling materials. Manufacturers of upholstered furniture would be required to certify compliance with the standard and to comply with certain recordkeeping requirements as specified in the proposal. DATES: Comments in response to this document must be received by the Commission not later than May 19, 2008. Comments on elements of the proposed rule that, if issued in final form would constitute collection of information requirements under the Paperwork Reduction Act, may be filed with the Office of Management and Budget (``OMB'') and with the Commission. Comments will be received by OMB until May 5, 2008. ADDRESSES: Comments should be filed by e-mail to cpsc-os@cpsc.gov. Comments also may be filed by telefacsimile to (301) 504-0127 or mailed, preferably in five copies, to the Office of the Secretary, Consumer Product Safety Commission, 4330 East West Highway, Bethesda, MD 20814, or delivered to the Office of the Secretary, Consumer Product Safety Commission, Room 502, 4330 East-West Highway, Bethesda, Maryland; telephone (301) 504-7530. Comments should be captioned ``Upholstered Furniture NPR.'' Comments to OMB should be directed to the Desk Officer for the Consumer Product Safety Commission, Office of Information and Regulatory Affairs, OMB, Washington, DC 20503. The Commission asks commenters to provide copies of such comments to the Commission's Office of the Secretary, with a caption or cover letter identifying the materials as comments submitted to OMB on the proposed collection of information requirements for the proposed upholstered furniture flammability standard. The public may also request an opportunity to present comments orally. Such requests should be submitted to the Office of the Secretary of the Commission by e-mail, mail, fax or in person at the addresses or phone numbers listed above for the CPSC. FOR FURTHER INFORMATION CONTACT: Dale R. Ray, Project Manager, Directorate for Economic Analysis, Consumer Product Safety Commission, 4330 East West Highway, Bethesda, MD 20814; telephone (301) 504-7704. SUPPLEMENTARY INFORMATION: A. Background Regulatory/technical activity. In 1993 the National Association of State Fire Marshals (``NASFM'') petitioned the Commission to issue regulations under the FFA addressing upholstered furniture fire risks. NASFM requested that the Commission adopt three existing state of California standards. The Commission granted the petition in part, and issued an advance notice of proposed rulemaking (``ANPR'') on June 15, 1994 on the specific risk of small open flame-ignited fires. 59 FR 30,735 (1994). The Commission denied the petition with respect to large open flame- ignited fires, and deferred action on the petition with respect to cigarette-ignited fires pending a CPSC staff evaluation of: (1) The level of voluntary conformance to existing voluntary industry guidelines, and (2) the overall level of cigarette ignition resistance among products on the market. Following issuance of the 1994 ANPR, CPSC staff developed a draft performance standard and a test method to evaluate the small open flame performance of upholstered furniture. In October 1997, the staff forwarded a briefing package to the Commission concluding that a small open flame standard was feasible and could effectively reduce the risk to consumers, including both small open flame and cigarette ignitions. The staff recommended that the Commission defer action until the agency could gather additional scientific information to ensure that flame retardant (``FR'') upholstery fabric treatments that manufacturers might use would not result in adverse health effects. The staff recommended that the Commission defer action on the cigarette ignition portion of the 1993 NASFM petition pending a decision on open flame ignition. On October 5, 2001, NASFM withdrew the portion of the petition seeking Commission action with respect to cigarette-ignited fires. In July of 2003 the CPSC staff recommended that the Commission issue an ANPR to expand the upholstered furniture proceeding to address ignition of upholstered furniture by both small open flames and by smoldering cigarettes. The Commission accepted the staff's recommendation, and the ANPR was published on October 23, 2003. 68 FR 60,619. The 2003 ANPR sought comment on issues relating to the kinds of standard provisions that might best address the upholstered furniture fire risk in its entirety. The Commission received 13 written comments during the 60-day formal comment period following publication of the ANPR. Interested parties subsequently provided additional written submissions in the form of letters, position statements or presentations of technical data at meetings. A detailed discussion of significant comments received is provided in Section G of this preamble. In October 2004, the staff held a public meeting to present the direction of what would become the staff's 2005 draft standard. The staff analyzed comments received at that meeting as well. The proposed standard takes account of that analysis. Staff received comments on its 2005 draft standard, continued its research and analysis and developed a revised, 2007 draft proposal that focused primarily on preventing smoldering ignitions and reducing the need for flame retardant chemicals.\1\ This notice presents the 2007 draft as the Commission's proposed standard.\2\ --------------------------------------------------------------------------- \1\ The Commission staff briefing package discussing this proposal, Briefing Package: Regulatory Alternatives for Upholstered Furniture Flammability, November 2007, (the ``Staff Briefing Package'') is available on the Internet at: http://www.cpsc.gov/ library/foia/foia08/brief/briefing.html. Copies may also be requested from the Commission's Office of the Secretary at the address shown above. \2\ Acting Chairman Nancy Nord and Commissioner Thomas H. Moore issued statements which are available from the Commission's Office of the Secretary (see Addresses section of this notice) or from the Commission's Web site, http://www.cpsc.gov/pr/statements.html. --------------------------------------------------------------------------- Overview of the proposed standard. The proposed standard establishes two possible approaches. Upholstered furniture can meet the proposed standard by having either (1) upholstery cover material that complies with the prescribed smoldering ignition [[Page 11703]] resistance test (referred to as ``Type I'' furniture) or (2) an interior fire barrier that complies with specified smoldering and small open flame ignition resistance tests (``Type II'' furniture). No requirements are prescribed for filling materials. The standard would become effective one year after issued in final form and would apply to upholstered furniture manufactured or imported on or after that date. The performance tests prescribed in the proposed standard are conducted with the tested material installed in mockups that simulate the intersection of the seating area of an item of upholstered furniture. In addition to the material under test, the mockup is assembled using standardized upholstery test materials as defined in the proposed standard. Manufacturers (including importers) of upholstered furniture would be required to certify that the article of upholstered furniture complies with the proposed standard and to maintain records demonstrating compliance with the applicable portions of the proposed standard. Upholstered furniture subject to the proposed standard would be required to be labeled with information identifying the manufacturer, the date of manufacture, the item and type of furniture, and a statement certifying that the article complies with applicable requirements of the standard. B. Statutory Authority This proceeding is conducted pursuant to Section 4 of the Flammable Fabrics Act (``FFA''), which authorizes the Commission to initiate proceedings for a flammability standard when it finds that such a standard is ``needed to protect the public against unreasonable risk of the occurrence of fire leading to death or personal injury, or significant property damage.'' 15 U.S.C. 1193(a). Section 4 also sets forth the process by which the Commission may issue a flammability standard. As required in section 4(g), the Commission has issued an ANPR. 68 FR 60629. 15 U.S.C. 1193(g). The Commission has reviewed the comments submitted in response to the ANPR and now is issuing a notice of proposed rulemaking (``NPR'') containing the text of the proposed rule along with alternatives the Commission has considered and a preliminary regulatory analysis. 15 U.S.C. 1193(i). The Commission will consider comments provided in response to the NPR and decide whether to issue a final rule along with a final regulatory analysis. Id. 1193(j). The FFA also requires that when issuing a standard or regulation the Commission must provide an opportunity for interested persons to present their views orally. Id. 1193(d). The Commission cannot issue a final rule unless it makes certain findings and includes these in the regulation. The Commission must find: (1) If an applicable voluntary standard has been adopted and implemented, that compliance with the voluntary standard is not likely to adequately reduce the risk of injury, or compliance with the voluntary standard is not likely to be substantial; (2) that benefits expected from the regulation bear a reasonable relationship to its costs; and (3) that the regulation imposes the least burdensome alternative that would adequately reduce the risk of injury. 15 U.S.C. 1193(j)(2). In addition, the Commission must find that the standard (1) is needed to adequately protect the public against the risk of the occurrence of fire leading to death, injury or significant property damage, (2) is reasonable, technologically practicable, and appropriate, (3) is limited to fabrics, related materials or products which present unreasonable risks, and (4) is stated in objective terms. Id. 1193(b). C. The Product The proposed standard applies to residential upholstered furniture. The proposal specifically requires testing of cover fabrics and, alternatively, barrier materials if they are used as a means of complying with the proposed standard. Upholstered furniture is defined for purposes of the proposed standard to include articles of interior seating furnishing intended for indoor use in a home or other residential occupancy that: (1) Consist in whole or in part of resilient cushioning materials (such as foam, batting, or related materials) covered by fabric or related materials; and (2) are constructed with a contiguous upholstered seat and back or arms. Included within the definition are products that are intended or promoted for indoor residential use for sitting or reclining upon, such as: Chairs, sofas, motion furniture, sleep sofas, home office furniture customarily offered for sale through retailers or otherwise available for residential use, and upholstered furniture intended for use in dormitories or other residential occupancies. Items excluded from the definition are: Furniture, such as patio chairs, intended solely for outdoor use; furniture without contiguous upholstered seating and backs and/or arm surfaces, such as ottomans, pillows or pads that are not sold with the article of furniture; commercial or industrial furniture not offered for sale through retailers or not otherwise available for residential use; furniture intended or sold solely for use in hotels and other short-term lodging and hospitality establishments; futons, flip chairs, the mattress portions of sleep sofas, and non-furniture infant or juvenile products such as walkers, strollers, high chairs or pillows. Commission staff estimates that the proposed standard would affect more than 1,600 manufacturers and importers of upholstered furniture and the 100-200 textile manufacturers that derive a significant share of their revenues from household furniture fabrics. The staff estimates that the average useful life of upholstered furniture ranges from 15 to 17 years. Assuming that the expected life of a piece of upholstered furniture is about 16 years, the average number of upholstered furniture items in household use during 2002-2004 was about 447 million pieces. Upholstered furniture products and manufacturers are discussed in greater detail in section H, Preliminary Regulatory Analysis, of this preamble. The top four companies accounted for nearly 35 percent of the total value of household upholstered furniture shipments in 2002; the 50 largest companies accounted for about 67 percent. The industry also includes many small companies. The staff estimates that nearly all of the affected firms (over 97 percent) would be classified as small businesses under Small Business Administration guidelines. The staff's initial analysis of the potential impact of the proposed standard on such ``small entities'' is provided in section I., Initial Regulatory Flexibility Analysis, of this preamble. As discussed in section D of this preamble, the majority of deaths and injuries resulting from fires involving upholstered furniture were started by smoldering ignition sources (such as cigarettes). The staff's test data show that furniture covered with predominantly cellulosic fabrics (such as cotton and rayon) is much more likely to be involved in cigarette-ignited fires than furniture covered with predominantly thermoplastic fabrics (such as polyester, polyolefin, and nylon). The proposed standard focuses primarily on reducing deaths and injuries from smoldering ignited fires. Staff estimates that about 14 percent of currently-produced furniture items are likely to fail the proposed standard's smoldering ignition test for cover fabrics. These would primarily be items constructed with certain predominantly cellulosic fabrics; staff believes most of these fabrics could be modified to meet the proposed standard. Staff anticipates that most manufacturers are likely to bring these furniture items into [[Page 11704]] compliance by modifying the physical characteristics of the cover fabrics rather than by using flame retardant (FR) fabric treatments. Alternatively, manufacturers would have the option to meet the proposed standard by using barrier materials that pass open flame and smoldering ignition tests rather than changing the cover fabric. D. Risk of Injury Annual estimates of national fires and fire losses involving ignition of upholstered furniture are based on data from the U.S. Fire Administration's National Fire Incident Reporting System (``NFIRS'') and the National Fire Protection Administration's (``NFPA'') annual survey of fire departments. National fire loss estimates for 2002-2004 indicated that upholstered furniture was the first item to ignite in an average 7,800 residential fires attended by the fire service annually during that period. These fires resulted in an average of 540 deaths, 870 injuries and $250 million in property loss each year. Of these fires, the staff considers an estimated 3,500 fires, 280 deaths, 500 injuries, and $112 million property loss annually to be addressable by the proposed standard. Addressable here means the incidents were of a type that would be affected by the proposed standard (i.e., a fire that ignited upholstered furniture and that had a smoking material or small open flame heat source). Approximately 90% of estimated deaths, 65% of estimated injuries and 59% of property damage resulted from ignition by smoking materials, almost always cigarettes. The remaining addressable fires were started by small open flame sources. Among the addressable casualties, smoking materials accounted for about 260 deaths and 320 injuries annually. Small open flame fires accounted for about 30 deaths and 170 injuries annually.\3\ --------------------------------------------------------------------------- \3\ Numbers do not add up to totals due to rounding. --------------------------------------------------------------------------- E. Other Upholstered Furniture Flammability Standards 1. California Regulatory Activity California Technical Bulletin 117 (``TB-117''), the mandatory regulation for all upholstered furniture sold in that state, contains both smoldering and small open flame resistance performance requirements. Complying upholstered furniture is generally similar to furniture sold in other states, except that California furniture is typically made with FR resilient foam filling materials. In early 2002, the California Bureau of Home Furnishings and Thermal Insulation (BHFTI) released a draft revision of TB-117. This draft revision contained upgraded performance requirements for small open flame ignition resistance of filling materials, and a cover material test similar to that developed by the Commission staff in its 2001 draft small open flame standard. The TB-117 smoldering resistance provisions were not changed. The California BHFTI has not proposed amendments to TB-117 to incorporate the 2002 draft revision. The BHFTI's comment on the Commission's October 23, 2003 ANPR expressed support for a uniform national standard. BHFTI recommended that the Commission consider adopting appropriate elements of the 2002 draft revised TB-117 into a proposed Commission rule. The proposed standard contains some requirements similar to provisions of TB-117. 2. United Kingdom Regulations The U.K. Department of Trade and Industry (``DTI'') enforces the U.K. Furniture and Furnishings (Flammability) Regulations, issued in 1990. These regulations contain smoldering and open flame resistance requirements for residential upholstered furniture based on test methods in British Standard BS 5852. The CPSC proposed standard's fire barrier open flame test uses the apparatus and ignition source from the U.K. regulations. 3. Voluntary Standards Activity Since the Commission's original ANPR on upholstered furniture was published in 1994, industry groups have been encouraged to develop voluntary flammability requirements through a recognized standards organization. The Upholstered Furniture Action Council (``UFAC'') voluntary industry program of cigarette ignition tests developed in the 1970s is embodied in ASTM E-1353 and other voluntary test methods. Commission staff estimates voluntary UFAC conformance at about 90% of furniture production. The UFAC voluntary program does not address small open flame ignitions. Aspects of the UFAC cigarette ignition resistance test methods, California BHF Technical Bulletins (TB) 116, 117, and 133, and British Standard BS-5852 have been adopted by various consensus voluntary standards organizations and industry groups, including ASTM International, the International Standards Organization, the National Fire Protection Association and the Business and Institutional Furniture Manufacturers of America, and have also been incorporated into some state and local fire codes. Some industry groups have suggested that the Commission should adopt the UFAC program as a proposed rule. As discussed in section G.1 of this preamble, the Commission concludes that mandating the UFAC guidelines would have little effect on reducing deaths and injuries related to upholstered furniture fires. F. The Proposed Standard In developing the proposed flammability standard to address ignitions of residential upholstered furniture, the Commission considered the available hazard information, existing standards development research together with the latest CPSC laboratory data, and technical information developed by other organizations. Economic, health and environmental factors were also considered. 1. Scope The proposed standard contains flammability performance requirements for most residential upholstered furniture. The proposed standard applies to: Residential seating products intended for indoor use and constructed with contiguous upholstered seats and backs, such as chairs and sofas (including motion furniture and sleep sofas); Some home office furniture sold through retailers or otherwise available for household use; and Upholstered furniture used in dormitories or other residential occupancies. The proposed standard does not apply to: Outdoor furniture, such as patio chairs; Articles without contiguous upholstered seating surfaces, such as ottomans, decorative pillows or pads, and many office chairs and dining chairs; Commercial or industrial furniture not intended or sold for household use; Furniture intended or sold solely for use in hotels and other temporary lodging and hospitality establishments; Futons, flip chairs, and the mattress components of sleep sofas; and Non-furniture juvenile products such as walkers, strollers, high chairs and pillows. 2. General Requirements The proposed standard addresses resistance to ignition and limited fire growth by means of performance tests for cover fabrics and, alternatively, for [[Page 11705]] barriers. The principal performance requirements of the proposed standard are intended to reduce the risk of fire from smoldering ignition. If barriers are chosen as the means of compliance, they must meet both small open flame and smoldering resistance requirements. The proposal adapts elements and variations of existing standards, including California Technical Bulletin 117, ASTM E-1353 (tests from the UFAC voluntary industry guidelines) and United Kingdom regulations (based on British Standard BS-5852). The upholstered furniture tests are conducted using seating mockups of fabric and filling materials. The goal is to reduce the smolder propensity of cover materials and limit the mass loss from combustion (smoldering, melting, or flaming) of the mockup's interior filling materials. Pass/fail criteria are based on maximum acceptable combustion time and mass loss percentages within a 45 minute test period. 3. Cover Fabric Smoldering Resistance Test In this test, fabrics are tested in combination with a standard polyurethane foam substrate. A lighted cigarette is placed in the seat/ back crevice of the mockup and is allowed to burn its entire length. The mockup must not continue to smolder at the end of the 45 minute test or transition to flaming at any time during the test, and the foam substrate must not exceed the mass loss limit of 10%. Ten initial specimens are tested. If the 10 initial specimens meet these criteria, the cover fabric sample passes. If there is a failure in any one of the 10 initial specimens, the test must be repeated on an additional 20 specimens. At least 25 of the 30 specimens must meet the criteria. 4. Interior Fire Barrier Smoldering Resistance Test In this test, the barrier is placed between a standard foam substrate and a standard cotton velvet cover fabric. A lighted cigarette is placed in the seat/back crevice of the mockup. The foam substrate must not exceed 1% mass loss by the end of the 45 minute test, and the mockup must not transition to open flaming at any time during the test. Ten initial specimens are tested. If all 10 initial specimens meet these criteria, the barrier sample passes. If any one of the ten fails, an additional 20 specimens are tested, and at least 25 of the 30 must meet the criteria. 5. Interior Fire Barrier Open Flame Resistance Test The proposed standard also contains provisions for the open flame resistance of barriers. In addition to providing protection from small flame ignition, the open flame performance test contributes to the protection of materials from the progression of smoldering to flaming combustion. In this test, the barrier is placed between a standard rayon cover fabric and standard foam substrate on a metal test frame. An open flame ignition source is applied to the seat/back crevice of the mockup. The mockup must not exceed 20% mass loss by the end of the 45 minute test. Again, 10 initial samples are tested. If there is a failure with any of the 10 specimens, an additional 20 specimens are tested, and at least 25 of the 30 must meet the criteria for the sample barrier to pass. 6. Administrative Requirements In addition to flammability performance requirements, the proposed standard contains provisions relating to certification and recordkeeping, testing to support guaranties, and labeling of finished articles of upholstered furniture. These requirements are intended to help manufacturers, importers and suppliers ensure that their products comply, and to help the CPSC staff enforce the proposed performance standard. These provisions are contained in Subpart B of the proposed standard. Under Sec. 8 of the FFA, 15 U.S.C. 1197, producers of finished articles of upholstered furniture, i.e., manufacturers and importers, may rely on guaranties of compliance issued by material suppliers to avoid criminal prosecution in certain instances. However, manufacturers and importers are ultimately responsible under the proposal for compliance of the upholstered furniture products they produce and introduce into commerce. It is unlawful under the FFA to provide a false guaranty. While there are no specific sampling or production testing requirements in the proposed standard, the FFA requires that any guaranties be supported by reasonable and representative tests sufficient to establish that production units of materials meet the applicable tests. The proposed standard requires that each finished article of upholstered furniture carry a permanent label: (1) Containing a statement certifying that it complies with the standard, identifying the ``Type'' of furniture (i.e., Type I or Type II); (2) identifying the manufacturer or importer; and (3) specifying the location and month and year of manufacture and model and lot number or other identifier applicable to the item. This information would be required to be separate from other label information. The label would help retailers and consumers identify products in the event of a recall or other corrective action. G. Response to Comments on the ANPR and Subsequent Submissions The Commission received 13 written comments during the 60-day formal comment period following publication of the ANPR in October 2003. Since that time, interested parties provided about 20 additional written submissions in the form of letters, position statements or technical presentations at public meetings. Further, the staff held or attended several public meetings with stakeholders to discuss issues of interest. Many of the public comments addressed similar issues. These issues generally involved: (a) The scope, test methods and acceptance criteria of a possible proposed rule; (b) the potential benefits and costs of various alternatives; and (c) the potential use of flame retardant (FR) chemicals to comply with those alternatives. Some of the comments dealt specifically with the staff's 2001 and 2005 draft standards, options that contained more open flame performance requirements for upholstery materials than the proposed rule. A few of the comments dealt with the staff's 2007 draft proposal, which became the agency's proposed standard. The Commission considered all of the comments received since 2003 in developing the proposed rule. 1. Scope and Test Methods Comment. Several industry, government and fire safety organizations provided comments on the general scope of a standard, mainly with respect to cigarette versus open flame ignition performance. Under the 2003 ANPR, the staff developed multiple draft standards containing both smoldering and open flame requirements. The proposed rule places primary emphasis on smoldering ignition resistance, as a substantial majority of upholstered furniture-related deaths, injuries and property losses result from smoldering fires. Several furniture industry groups commented that the fire risk associated with open flame ignition has become so small that regulation in that area is unnecessary. They also commented that the science of open flame ignition behavior is so complex that substantial further research would be needed to support [[Page 11706]] any reasonable conclusions about the effectiveness and technical adequacy of any performance requirements. In addition, they opposed open flame ignition requirements on the basis that compliance costs would be unreasonably high. These groups recommended that the Commission proceed with rulemaking on smoldering ignition only, and that CPSC adopt the performance tests in the ASTM/UFAC voluntary guidelines in the proposed rule. Other stakeholders, including representatives of fire safety organizations, state government and chemical industry groups, recommended that a federal rule contain both smoldering and open flame requirements, and stated that solutions are technically and economically feasible. Some commenters opposed any course that would reduce the current level of safety provided by the existing California regulation, Technical Bulletin (TB) 117. Other industry groups supported adoption of a smoldering standard and eventual consideration of open flame requirements in the future. The California Bureau of Home Furnishings and Thermal Insulation (BHFTI) recommended that CPSC consider adopting elements of the draft revised TB-117 published by BHFTI in 2002. In 2004, an industry ``coalition'' of furniture producers and material suppliers developed a set of performance requirements for Commission consideration. The coalition proposal included: a small open flame test for cover fabrics, based on a modification of the Commission's Standard for the Flammability of Clothing Textiles (16 CFR Part 1610); smoldering and open flame tests for filling materials, based on the 2002 draft revision of California TB-117; an open flame test for fibrous (non-foam) ``cushion wraps,'' based on an existing U.K. regulation provision; ASTM/UFAC smoldering tests for cushion wraps; and an unspecified barrier test to be developed by CPSC. The staff evaluated the industry coalition proposal and questioned the effectiveness of some of the performance elements. Coalition members withdrew support for their proposal in 2005 as the CPSC staff was continuing its evaluation and considering other alternatives. Response. The Commission recognizes that estimated residential upholstered furniture fire losses have declined over time, and that relatively few losses--e.g., about 10% of the addressable deaths--are attributable to open flame-ignited fires. Thus, relatively few open flame deaths and injuries could be averted, even under highly effective open flame requirements. The Commission notes, however, that large numbers of deaths and injuries remain. Since a substantial majority of these losses result from cigarette-ignited fires, the Commission agrees that a rule with primary emphasis on smoldering can have substantial safety benefits. Based on CPSC's laboratory research, the Commission also agrees that the ASTM/UFAC test method provides a useful basis for a standard, but does not agree that the ASTM/UFAC tests as implemented in the UFAC voluntary program would adequately achieve those benefits. While UFAC has contributed to fire safety by encouraging the use of smolder-resistant materials, the program allows the use of smolder- prone cover fabrics with polyurethane foam, and allows highly smolder- prone fabrics in combination with more smolder-resistant materials (e.g., polyester batting) underneath. These conforming combinations are not always adequate to prevent fire growth from smoldering ignitions. CPSC laboratory testing demonstrated that smolder-prone fabrics can defeat the inherent smolder resistance of polyester batting, and that furniture mockup assemblies with highly smolder-prone fabrics can transition from smoldering to flaming combustion over time. Further, some lower-priced furniture may use UFAC-conforming but smolder-prone fabrics without smolder resistant batting. In addition, the UFAC tests may not be adequate to characterize the smoldering behavior of all upholstery materials; for example, UFAC's vertical char length performance metric does not always reflect the downward burning that typically occurs in polyurethane foam fillings. Additionally, the ASTM/ UFAC method employs a draft-limiting enclosure that was designed to improve test repeatability but artificially restricts burning of the most smolder-prone fabrics. The non-time-limited UFAC tests may also adversely affect the repeatability of the test results. The Commission concludes that adopting the ASTM/UFAC tests without significant modification would have little effect on currently-produced upholstered furniture, and would therefore probably have negligible safety benefits beyond those already achieved under the voluntary industry program. Thus, the proposed rule has smoldering ignition requirements that are somewhat different from, and more stringent than, those of the UFAC guidelines. The proposed standard also contains open flame performance requirements for barriers; these barriers must protect interior filling materials from smolder-prone fabrics that may otherwise cause furniture to transition from smoldering to flaming combustion. 2. Standardized Test Materials Comment. In addition to the CPSC staff's extensive studies on the suitability of various standard test materials, industry groups contributed research and submitted comments on the performance of standard cover fabrics and standard polyurethane foams specified in the CPSC staff's draft standards. Both the staff and industry noted the potential effects of interdependency of standard test materials, and the potential impact on test results of the observed variability in the performance of certain test materials. This variability chiefly related to a standard cotton velvet fabric specified in the open flame tests of the CPSC staff's 2005 draft standard; to a lesser extent, variability was observed in the behavior of the standard FR test foam used in the smoldering tests of the staff's 2005 draft. The comments generally recommended changes to the standard test materials or the test methods to eliminate the undesirable effects of standard material variability. Response. The staff's research concluded that the variability identified in the performance of the standard fabric (and, in some cases, the standard non-FR foam) could adversely affect the repeatability and reproducibility of open flame tests, and could yield unacceptably inconsistent results. Similar inconsistencies were observed in the standard FR foam used in smoldering tests. Therefore, the staff revised the qualification requirements for standard test materials to ensure consistency. Further, in view of the hazard data and the complexity (including standard materials variability) of the open flame tests, the proposed rule eliminates the open flame tests for filling materials entirely, and retains standard fabrics for barrier tests only. This approach not only simplifies the proposed standard, but also eliminates the interdependency and variability issues raised by the commenters. The standard cotton velvet test fabric performs consistently in barrier smoldering tests, as does the standard rayon test fabric in barrier open flame tests. Since FR foam would not be needed to comply with the proposed rule, the rule specifies only standard non-FR foam in all tests. [[Page 11707]] 3. Stringency of Requirements Comment. Some industry groups opposed the CPSC staff's 2005 draft standard's open flame filling material tests in the absence of an open flame fabric test, and asserted that the 2005 draft's smoldering and open flame filling material requirements were too stringent for some lower-density foams to meet, even with FR treatment. Furniture industry commenters subsequently opposed any requirements that would be more stringent than those of the UFAC guidelines. Many commenters supported the concept of a barrier test option to afford flexibility to manufacturers and fabric suppliers, although some furniture industry groups opposed an open flame requirement for barriers and supported the UFAC smoldering requirement instead. Regarding the staff's 2007 draft proposal that became this proposed standard, some commenters argued that the stringent fabric smoldering requirements would require substantial re-engineering or FR treatment of fabrics. A number of commenters also recommended that CPSC study the effectiveness of reduced ignition propensity (IP), or ``fire-safe,'' cigarettes before proposing any flammability requirements for upholstered furniture. Response. Many of these comments pertained to specific provisions of the open flame requirements of the CPSC staff's 2005 draft standard. The proposed standard does not contain open flame requirements for fabrics or fillings. As noted previously, CPSC's laboratory research on smoldering ignition indicates that several elements of the ASTM/UFAC voluntary approach would not be very effective at reducing the risk. The UFAC guidelines allow smolder-prone combinations of upholstery materials that would not adequately limit fire growth, either from smoldering or transition to flaming combustion. Since the proposed rule relies substantially on cover fabrics or barriers to protect interior filling materials, the proposed standard contains very stringent smoldering requirements, and requires that barriers provide protection regardless of cover fabric ignitability. The Commission agrees that a significant proportion of predominantly cellulosic fabrics (i.e., chiefly cotton fiber content) would have to be modified or eliminated under the proposed standard. The Commission notes that these fabrics are the most smolder-prone materials used in upholstered furniture, and that many smolder-prone fabrics can sometimes overwhelm the inherent smolder resistance of synthetic filling materials like polyurethane foam or polyester batting. Thus, the proposed requirements are applied to those materials whose ignition behavior is the primary contributor to the risk. The proposed standard would not prohibit fabric suppliers from using FR-treated fabrics to comply. However, furniture and textile industry representatives have stated a desire to avoid such products for aesthetic and cost reasons. Given the availability of non-FR alternatives, it is unlikely that fabric suppliers would use the FR treatments they said consumers would reject. The Commission agrees that reduced ignition propensity cigarettes may be an effective means of reducing consumer product-related smoldering fires. Such reductions would likely occur irrespective of CPSC action on upholstered furniture. An increasing number of states (and Canada) have ``fire safe cigarette'' laws that now require or will require that only reduced-IP cigarettes be available for sale. Complying cigarettes would likely reduce, but would not eliminate, the risk of smoldering ignited upholstered furniture fires. The extent of any such reduction is unknown. The staff has initiated a study to review available state data and to conduct laboratory tests to evaluate the reduction in smoldering ignition propensity associated with reduced-IP cigarettes compared to conventional cigarettes. This work will help the Commission evaluate the potential effect of reduced-IP cigarettes on upholstered furniture fire losses. 4. Large Scale Validation Testing Comment. Some stakeholders recommended that CPSC establish a correlation between its bench scale tests in the proposed rule and the performance of complying materials in larger or ``full'' scale tests that more reasonably represent the seating areas of finished articles of upholstered furniture. These large scale tests would help validate the results and potential effectiveness of the bench scale tests. Response. The Commission agrees that large scale testing is a valuable source of information to help demonstrate the increased safety the proposed standard would provide. To supplement the CPSC staff's bench scale testing and limited large scale testing performed previously, the staff plans to sponsor such large scale tests. The Commission can use the results of these tests in developing a possible final rule. 5. Potential Benefits and Costs Comment. Some industry groups submitted comments about the CPSC staff's draft preliminary regulatory analysis of potential benefits and costs associated with various regulatory alternatives. Most of these comments were from organizations that opposed various aspects of the CPSC staff's 2005 draft standard; some of the comments related to the staff's draft proposal that became the proposed standard. The comments on the staff's analysis of the 2005 draft standard generally asserted that the staff had overestimated potential benefits and understated potential costs. A 2006 furniture industry report on the staff's analysis of the 2005 draft standard and alternatives criticized the statistical methodology used to develop national fire loss estimates, and recommended different methods that would generally result in lower estimates of potential benefits of a flammability rule. The report also questioned other aspects of the staff's estimation of potential economic benefits of a standard, positing that staff overstated benefits by using effectiveness estimates and value-of-life estimates that were too high, discount rates that were too low, and incorrect assumptions about the distribution of smolder-prone furniture fabrics among smoking vs. non-smoking households. The 2006 industry report also asserted that the staff understated costs to filling material suppliers and furniture manufacturers and importers, and recommended that the staff's sensitivity analysis consider all combinations of factors affecting benefits and costs unless those factors were mutually exclusive. Manufacturers of polyurethane foam raised some of the same cost issues, and discussed anticipated difficulties in producing consistently-complying foams at the lower densities often used in upholstered arms and other areas of furniture. Regarding the CPSC staff's 2007 draft proposal, some textile industry representatives criticized the emphasis on cover fabric performance, and expressed concern that the standard would not regulate filling material performance. They also expressed concern that difficulties in modifying many fabrics, combined with the cost of ``double-upholstering'' furniture to incorporate interior barriers, may lead suppliers to use FR treatments to comply. One report prepared for an environmental group recommended that CPSC include in its analysis of the 2007 draft estimates of economic losses from [[Page 11708]] increased cancer risks associated with FR filling material additives. Several stakeholders recommended that CPSC consider the effect of reduced ignition propensity (IP), or ``fire-safe'' cigarettes on the potential benefits of a possible upholstered furniture flammability standard. One report prepared for an environmental group presented an alternative calculation of benefits incorporating some different assumptions about reduced-IP cigarette effectiveness than those made by the CPSC staff in 2006. Some industry commenters suggested that as reduced-IP cigarettes came into wider use, a standard for upholstered furniture would no longer have net benefits to the public. Response. Regarding fire loss estimation methodologies, the CPSC staff noted several biases and errors in the industry report's approach that would misrepresent the estimates of fire losses. The 2006 industry report's criticism of the staff's method did not consider the proper allocation of fire incidents with unknown fire causes. Further, the indirect estimating method recommended by the industry report incorrectly used estimates of the number of fires to estimate death and injuries, thereby introducing bias and understating deaths. The CPSC staff's method correctly used death and injury counts weighted with probability-based estimates for fire deaths and injuries. Another method suggested by the industry report wrongly excluded some in-scope deaths from the body of data used to make the estimates. The use of these recommended alternative methods would significantly understate fire losses, and would thereby understate the potential benefits of a flammability rule. Regarding benefits projections, the preliminary regulatory analysis of the proposed rule estimated the monetary value of potential benefits using estimates of effectiveness based on CPSC laboratory tests of upholstered furniture mockup assemblies constructed with ignition resistant fabrics or barriers, and using adjustments to reflect the projected mix of products on the market and other factors. Large scale tests will help support the effectiveness estimates. However, the Commission staff has ample experience to date with upholstery material testing to estimate that the proposed rule would likely be highly effective (about 60%) at reducing fire deaths, injuries and property damage. Even considering the effectiveness estimates for the CPSC staff's 2005 draft standard, there is no basis for applying effectiveness rates for the U.K. regulations to a CPSC rule. Further, the sensitivity analysis in the preliminary regulatory analysis accounts for uncertainty in the estimates. The Commission staff estimated the present value of future safety benefits using discount rates (3% and 7%) recommended by the Office of Management and Budget in its guidance on regulatory analyses. Also, CPSC's statistical value of life estimate ($5 million) and sensitivity analysis range ($3-7 million) is consistent with values cited in the economic literature and widely used in regulatory decision-making. Regarding the distribution of upholstered furniture constructed with smolder prone fabrics among smoking vs. non-smoking households, the preliminary regulatory analysis assumed that furniture fabric types are distributed evenly among households. Smolder prone fabrics are often, but not always, used on the very high-priced, decorator furniture more commonly found in higher-income households that tend less often to be smoking households. However, anticipated market trends include potential future increases in predominantly-cotton fabrics in more moderately-priced furniture, especially among imports, which tends to be lower in price than domestic products. To the extent that furniture with smolder prone fabrics is more often found in higher- income households with lower smoking prevalence, the benefits of a flammability rule could be reduced somewhat. The preliminary regulatory analysis notes in its sensitivity analysis that the likely impact on benefits would be small. The sensitivity analysis in the preliminary regulatory analysis considers the impact of a variety of factors on potential benefits and costs. Varying more than one factor at a time is generally appropriate when those factors are highly correlated, rather than whenever they are not mutually exclusive, as the 2006 industry report suggested. The sensitivity analysis does take into account some combinations of factors, but not all factors that could conceivably affect benefits and costs. However, even if all of the combinations of possible factors were considered together, estimated net benefits of the proposed standard would still total $100 million or more from a year's production of complying upholstered furniture. The staff considered likely cost impacts on fabric, filling material and other upholstery material suppliers in analyzing the potential impacts of the proposed standard. Cost estimates were generally reported directly as provided by firms in the industry sectors affected although some cost estimates varied significantly among firms. The preliminary regulatory analysis recognized several areas of cost concern, including low-density polyurethane foam and loose filling materials (for the staff's 2005 draft standard) and certain 100% cotton fabrics (for the 2007 draft). The staff analysis noted that while most upholstered furniture fabrics would meet the proposed standard without modification, more than half of all predominantly cellulosic fabrics may fail the proposed standard fabric smoldering test. These smolder-prone fabrics are typically used with synthetic filling materials that would otherwise be generally smolder resistant; thus, the proposed standard targets those fabrics contributing most to the risk of smoldering ignition. The staff also noted that some of the more expensive decorator fabrics that would fail the proposed fabric smoldering test already are used in furniture that employs multiple layers of upholstery materials, or ``double upholstering.'' Decorative fabric suppliers have long supported a barrier option for use with non-complying fabrics. For most articles of upholstered furniture, the barrier option incorporated into the proposed standard would involve substituting complying barriers for existing interior fabrics or battings; this would amount to a ``drop-in replacement'' of existing components for most barriered furniture, and would not require significant additional assembly labor costs. The preliminary regulatory analysis estimates costs based on the assumption that some or all non-complying fabrics not used with barriers would be FR treated; however, it is unlikely that a significant proportion of fabrics would actually be treated; thus, material costs may be lower than estimated in the analysis. Compliance costs associated with re-engineering some heavier-weight, 100% cellulosic fiber fabrics may be significant for some firms, although fiber content modifications are made routinely by producers (sometimes as often as every six months) to reflect style trends in the market. Blended-fiber fabrics in particular could probably be readily modified without difficulty or significant disruption. Under the staff's draft 2005 standard, FR foam fillings would likely be used to comply. One of the FRs currently used in foams meeting the existing California TB-117 may pose cancer and non-cancer chronic health risks. Pending [[Page 11709]] further study of these and other FR chemicals, the preliminary regulatory analysis of alternatives assumed that hazardous FRs would not be used to comply, and therefore did not include a calculation of possible disbenefits associated with potential use of any potentially hazardous filling material FRs. The proposed standard would not require the use of any FRs in foam or other interior filling materials. The Commission considered the potential impact of reduced-IP cigarettes, and continues to study this matter. State requirements for such cigarettes may reduce upholstered furniture fire losses over time irrespective of CPSC action. The extent of the reduction is unknown. The preliminary regulatory analysis does specifically account for possible risk reductions associated with reduced-IP cigarettes. If, for example, reduced-IP cigarettes reduced the level of benefits of the proposed rule to half the estimated level, then projected net benefits would be reduced from $367-387 million to $155-177 million per year's worth of complying furniture production. Even at a 70% benefit reduction, estimated net benefits of the proposed rule would still approach $100 million. 6. Potential Use of FR Chemicals Comment. The Commission received a number of comments either opposing or supporting the potential use of FR chemical technologies to meet a possible flammability rule. Most of these comments related to the staff's previous, 2005 draft standard, which would have required that resilient, fibrous and loose filling materials (typically made of polyurethane foam or polyester fiber) be open flame resistant. Some comments specifically opposed the use of polybrominated diphenyl ethers (PBDEs), and cited studies on the potential health and environmental risks related to these compounds. At least one of the major filling material FRs, penta-BDE, that was previously used to meet California TB-117's open flame requirements, has been discontinued. While most fillings would be FR-treated under the 2005 draft, the proposed standard does not contain filling material requirements, and FR additives would not be needed to comply. Some environmental groups opposed any new regulations that may add to the environmental burden of FR chemicals, especially halogenated FRs containing bromine or chlorine. They contended that since some FRs are persistent in the environment, bioaccumulative in animals and potentially toxic to humans, and since there is a lack of data on some aspects of the potential effects on human health and environmental risks, the Commission should not encourage the use of these chemicals. Some of these groups supported the furniture industry position that CPSC should impose only smoldering ignition requirements, on the presumption that FRs would not be needed to meet these requirements. The environmental groups strongly supported the staff's 2007 draft proposal that became this proposed standard. Furniture and filling material producers opposed significant increases in FR usage on the basis that their workers could be exposed to more FRs released from component materials. They were also concerned that state and local environmental regulations may curtail the availability of economically feasible FRs and may adversely affect manufacturers' ability to recycle scrap materials. Furniture and fabric manufacturers also contended that, in view of recent adverse publicity, consumers would prefer not to risk exposure to potentially toxic FRs. Some representatives of fabric suppliers have also expressed concern that any smolder resistance requirements more stringent than those in the UFAC voluntary guidelines would force many firms to use FR treatments on predominantly cotton fabrics to comply. Chemical producers stated that safe and effective FR solutions are available to address the furniture risk. They noted that non- halogenated alternatives for filling materials are currently being offered or developed, as are ``inherently-FR'' fiber barriers that do not present a significant likelihood of consumer exposure. Response. CPSC developed the proposed standard mindful of the continuing uncertainty about potential health and environmental effects of FR chemical usage, with an objective of achieving significant reductions in fire deaths and injuries from upholstered furniture fires caused by smoking materials while minimizing reliance on FR additives in fabrics and filling materials to meet that objective. While the available scientific data are sufficient to show that some FRs would not present significant health or environmental risks, the Commission agrees that insufficient data are available to be reasonably sure that other FRs would not present health risks if used in upholstered furniture. The staff's health risk assessment for foam filling materials concluded that the polyurethane foam FR most widely used to meet California TB-117 may not present chemical risks to consumers but identified significant data gaps; the risk assessment further indicated that another currently used filling material FR may present both cancer and non-cancer risks to consumers. On the other hand, the CPSC staff's health risk assessment for barriers concluded that several commercially available technologies, including inherently-FR fiber products, could be used without presenting appreciable health risks to the public. Under the proposed standard, neither fabrics nor filling materials would need to incorporate FR additives to achieve compliance. While FR- treated fabrics would not be prohibited, many fabric suppliers have indicated they would likely either modify the fiber content or construction of their most smolder prone fabrics, or continue to offer non-complying fabrics for use exclusively with complying barriers in the finished article of furniture. Thus, the Commission anticipates that FR fabrics would be the least likely means of compliance with the proposed rule. Barriers could incorporate FR treatments, but barrier suppliers have reported that they would likely offer inherently-FR fiber materials that do not pose a risk of potential exposure for upholstered furniture applications, similar to those products designed to meet the Commission's open flame rule for mattresses (16 CFR part 1633). Barriers are projected to be used in only about 5% of all upholstered furniture; most of this usage would be in designer or higher-priced furniture for which the relatively higher cost of barriers would not be a significant factor. The Commission plans to monitor the progress of ongoing studies on FR chemicals and to consider the results of those studies as the regulatory process continues. At the request of the staff, the National Toxicology Program (NTP) of the Department of Health and Human Services has undertaken a review of several FRs that could be used to meet CPSC flammability rules. The NTP review will be a relatively long-term project that contributes to the overall level of knowledge about FR chemicals among scientists and regulators. H. Preliminary Regulatory Analysis The Commission has preliminarily determined to issue a rule establishing a flammability standard addressing the ignition of upholstered furniture. Section 4(i) of the FFA requires that the Commission prepare a preliminary regulatory analysis for this action and that it be published with the proposed rule. 15 U.S.C. 1193(i). The following discussion, extracted from the staff's memorandum titled ``Preliminary [[Page 11710]] Regulatory Analysis of a Draft Proposed Flammability Rule to Address Ignitions of Upholstered Furniture,'' addresses this requirement. 1. Introduction The history of this rulemaking is discussed in Section A, Background, of this preamble. This Preliminary Regulatory Analysis discusses the impacts of provisions specified in the Commission's proposed standard for upholstered furniture. It provides information on the products and industries that are likely to be affected by actions taken to reduce upholstered furniture fires. The analysis also discusses potential costs and benefits associated with requirements of the proposed standard and reasonable alternatives. This analysis also discusses potential effects on small firms and other market impacts. 2. The Proposed Standard: Scope and Provisions The proposed standard contains smoldering ignition performance requirements for cover fabrics, and smoldering and open flame performance requirements for interior fire barriers (if they are used as the method of compliance). The proposed standard applies to finished or ready-to-assemble articles of upholstered furniture (such as upholstered sofas, loveseats, sofa beds, rockers, recliners, and other chairs) that are: primarily intended for indoor use in residences; constructed with an upholstered seating area, comprised of a contiguous upholstered seat and back or arm(s); and manufactured or imported after the effective date. The proposed standard offers manufacturers two alternative methods to produce complying furniture. Furniture items can comply by being made with upholstery cover materials that pass the cover material smoldering ignition resistance test (designated as ``Type I upholstered furniture'' in the proposed standard). Alternatively, manufacturers may comply with the proposed standard by using a barrier material under the upholstery fabric that passes the standard's applicable barrier tests (``Type II upholstered furniture''). This option allows manufacturers to use non-complying upholstery fabrics. 3. Products and Industries Potentially Affected The largest class of furniture products that would be affected is upholstered furniture on wood frames and dual purpose sleep furniture such as sofa beds, commonly bought for use in living rooms and family rooms. Other types of affected products include upholstered metal frame, reed, and rattan furniture. Products referred to as ``Household Upholstered Furniture'' by the Census Bureau are classified in code 337121 of the North American Industrial Classification System (NAICS). This classification includes production of upholstered furniture on frames made of wood, metal, or other materials, as well as dual-purpose sleep furniture, such as convertible sofa beds. The 2002 Economic Census reports that 1,686 U.S. companies (with 1,946 establishments) manufactured upholstered household furniture or dual-purpose sleep furniture as their primary product.\4\ Many other firms may also produce upholstered furniture as secondary products. --------------------------------------------------------------------------- \4\ U.S Census Bureau, U.S. Department of Commerce, 2002 Economic Census, report EC02-311-337121, ``Upholstered Household Furniture Manufacturing: 2002,'' September 2004. --------------------------------------------------------------------------- The Economic Census reports that the value of shipments of upholstered household furniture by U.S. firms in 2002 was $10.3 billion. The Annual Survey of Manufactures reported value of product shipments of $10.0 billion in 2003 and $9.55 billion in 2004.\5\ The value of product shipments for 2005 was reported by the Census Bureau to have totaled $9.9 billion. --------------------------------------------------------------------------- \5\ U.S Census Bureau, U.S. Department of Commerce, Value of Product Shipments: 2005, Annual Survey of Manufactures, November 2006. --------------------------------------------------------------------------- Although there are a large number of upholstered furniture manufacturers, the top four companies accounted for nearly 35 percent of the total value of household upholstered furniture shipments in 2002 (the latest year for which industry concentration ratio data are available); the 50 largest companies accounted for about 67 percent.\6\ Reports from the trade press indicate that the industry has become more concentrated in the last ten years. Several firms have ceased operations; others have merged with larger companies through buyouts. The consolidation included Furniture Brands International's acquisition of HDM Furniture Industries (which included Henredon and Drexel Heritage) in 2001, and La-Z-Boy's acquisition of Ladd in January 2000 and Bauhaus and Alexvale in 1999. La-Z-Boy is the number one upholstered furniture manufacturer (by dollar volume), and Ladd, Bauhaus, and Alexvale all previously ranked in the top 30. Furniture Brands International is the second-leading domestic manufacturer of upholstered furniture, and companies it acquired were previously part of number four-ranked LifeStyle Furnishings, International, Ltd. --------------------------------------------------------------------------- \6\ U.S Census Bureau, U.S. Department of Commerce, 2002 Economic Census, report EC02-31SR-1, ``Concentration Ratios: 2002,'' May 2006. --------------------------------------------------------------------------- The industry also includes many small companies and establishments. The 2002 Economic Census reports that only 29 percent of upholstered furniture establishments (564 of 1,946) had 20 or more employees, and only 10 percent (200 establishments) had 100 or more. By some measures, such as the U.S. Small Business Administration's (SBA's) definition for qualification for small business loans, a furniture manufacturing company is considered to be ``small'' if it has fewer than 500 employees (at all of its establishments). This definition encompassed more than 97 percent of firms in the industry in 2002.\7\ --------------------------------------------------------------------------- \7\ Based on 2002 firm size data compiled by the United States Small Business Administration's Office of Advocacy which is available online at http://www.sba.gov/advo/research/data.html. --------------------------------------------------------------------------- Exports of upholstered furniture had a value of about $285 million in 2005, or almost 3 percent of the total value of shipments.\8\ The value of imports of products categorized by the Census Bureau as NAICS 337121 was $2,792 million in 2005.\9\ Therefore, there were net imports of about $2.5 billion. With estimated domestic shipments of $9.9 billion, these net imports resulted in total apparent consumption of upholstered furniture in 2005 (domestic shipments plus imports, minus the value of exports) of about $12.4 billion. --------------------------------------------------------------------------- \8\ U.S. Department of Commerce data. \9\ U.S. Department of Commerce and U.S. International Trade Commission data (c.i.f. cost basis). --------------------------------------------------------------------------- Imports have grown in recent years, accounting for about 22 percent of the value of total apparent consumption of residential upholstered furniture in 2005. By way of comparison, about 10 percent of the value of apparent consumption of upholstered household furniture in 1999 was imported. The leading country of origin is China, which accounted for about 52 percent of the value of imports in