Document xza5k4wMxpewvJZ4payreLwz1

FILE NAME Kelly Moore KM DATE 1977 Dec 22 DOC KM041 DOCUMENT DESCRIPTION Letter from Calidria Asbestos to Kelly Moore Paint Co. RE CPSC Ban on Consumer Patching Compounds Containing Respirable Free- Form Asbestos CARBIDE UNION CARBIDE CORPORATION METALS DIVISION O. BOX 579 NIAGARA FALLS N.Y. 14302 + TEL 716-278-3376 December 22 1977 Mr. Doug Merrill Kelly Moore Paint Co. 909 Old County Rd San Carlos CA 94070 Dear Mr. Merrill of Because the extensive publicity and since we have attempted to keep many of directly informed you should not be surprised that the Consumer Product you Safety Commission has finally published their ban on Consumer Patching Com- pounds Containing Respirable Form Asbestos A copy of the Federal Register notice dated December 15 1977 is enclosed for your information and file To assist you in understanding the extent and effect of the CPSC action we call your attention to the following items 1. The CPSC ban covers only consumer products and does not cover industrial products or products including consumer products for export For more details on the use of asbestos in industrial products please see paragraph 2 below and on the use of asbestos in products for export please see paragraph 3 below to consumer patching compounds which contain inten. 2. Tthieonbaalnlyonaldydedappalsibeesstos from which respirable form asbestos fibers can become airborne under reasonably foreseeable conditions of use In the ban a consumer product is defined very broadly as follows follows 1304.1 Only consumer products are subject to this regulation Patching compounds which are consumer products include those which a consumer can purchase Merely labeling a patching compound for industrial use would not exclude such articles from the ban If the sale or use of the product by consumers is facilitated it is subject to the ban Patching compounds which are labeled as marketed and sold solely for industrial use in consumer environments are not subject to the ban In addition to those products which can be sold directly to consumers the ban applies to patching compounds containing respirable form asbestos which are used in residences schools hospitals public buildings or other areas where con- sumers have customary access PLAINTIFF'S KM 01091 EXHIBIT 56 KM # -2- December 22 1977 Intentionally Intentionaly added asbestos is specified in 1304.3 as asbestos which is 1 added deliberately as an ingredient intended to impart specific characteristics or 2 contained in the final product as the result of knowingly using a raw material containing asbestos Whenever a manufacturer finds out that the finished product contains asbestos the manufacturer will be considered as knowingly using a raw material containing asbestos unless the manufacturer takes steps to reduce the asbestos to the maximum extent feasible Banned consumer products which are mentioned specifically as containing respirable form asbestos fiber include drywall spackling compounds and tape joint compounds commonly known as joint cement or tape joint mud The ban does not cover caulks sealants and similar materials which are not available in a dry form and which are not ordinarily sanded 3. The ban shall not apply to any consumer product if 1 it can be shown that such product is manufactured sold or held for sale for export from the United States or that such product was imported for export unless such consumer product is in fact distributed in commerce for use in the United States and 2 such consumer product when distributed in commerce or any container in which it is enclosed when so distributed bears a stamp or label stating that such consumer product is intended for export except that this chapter shall apply to any consumer product manufactured for sale offered for sale or sold for shipment to any installation of the United States located outside of the United States 4. After January 16 1978 the banned products cannot be manufactured or shipped from the manufacturer's facility 5. After June 12 1978 the banned products cannot be sold or used regardless of the date of manufacture Union Carbide Corporation and others have spent considerable amounts of time effort and money in an unsuccessful attempt to oppose or modify the CPSC action We do not believe that the ban was justified by the evidence presented and we have presented oral written testimony in support of our belief of our most recent letter is enclosed A copy Although subsequent action may be taken theries little possibility that the CPSC will make any beneficial changes at least not in the near future We appreciate your past business and look forwartdo continuing to supply you with asbestos if you make compounds for industrial use or export Let us know if you have any questions or if we can be of any assistance Very truly yours John Myers Myers Marketing Marketing ManagManagerer JLM dal Encs KMX 01945