§ 1252.3 Determinations for engineered wood products.

(a) The following engineered wood products do not exceed the lead content limits with a high degree of assurance as that term is defined in 16 CFR part 1107: (1) Particleboard that is untreated and unfinished made from virgin wood or pre-consumer wood waste; (2) Hardwood plywood that is untreated and unfinished made from virgin wood or pre-consumer wood waste; and (3) Medium-density fiberboard that is untreated and unfinished made from virgin wood or pre-consumer wood waste. (b) The following engineered wood products do not exceed the ASTM F963 elements solubility limits set forth in 16 CFR part 1250 with a high degree of assurance as that term is defined in 16 CFR part 1107: (1) Particleboard that is untreated and unfinished made from virgin wood or pre-consumer wood waste; (2) Hardwood plywood that is untreated and unfinished made from virgin wood or pre-consumer wood waste; and (3) Medium-density fiberboard that is untreated and unfinished made from virgin wood or pre-consumer wood waste. (c) The following engineered wood products do not exceed the phthalates content limits with a high degree of assurance as that term is defined in 16 CFR part 1107: (1) Particleboard that is untreated and unfinished made from virgin wood or pre-consumer wood waste; (2) Hardwood plywood that is untreated and unfinished made from virgin wood or pre-consumer wood waste and does not contain polyvinyl acetate (PVAc) adhesive formulations; and (3) Medium-density fiberboard that is untreated and unfinished made from virgin wood or pre-consumer wood waste. (d) Accessible component parts of children's products, children's toys, and child care articles made with EWPs, listed in paragraphs (a) through (c) of this section are not required to be third party tested pursuant to section 14(a)(2) of the CPSA and 16 CFR part 1107. (e) Accessible component parts of children's products, children's toys, and child care articles made with engineered wood products not listed in paragraphs (a) through (c) of this section, or that contain post-consumer wood waste, are required to be third party tested pursuant to section 14(a)(2) of the CPSA and 16 CFR part 1107 and sections 101, 106, or 108 of the CPSIA, as applicable.