United States v. Midwest Fireworks Mfg. Co., Inc

248 F.3d 563 (2001)

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Nature of the Case

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Facts

The Consumer Products Safety Commission (CPSC), in conjunction with the United States Customs Service, began testing various fireworks sold by Ds due to a concern that Ds were importing and distributing hazardous products which failed to comply with federal law. They tested the fireworks and found that many contained pyrotechnic powder in excess of the amount permitted under 16 C.F.R. § 1500.17. CPSC sent 'letters of advice' on these devices, outlining the violations and describing the procedures to be followed. Ds refused to comply with these 'letters of advice.' CPSC sought a temporary restraining order (TRO) banning Ds from selling seventy-nine different types of fireworks. Two hearings were held and the CPSC introduced numerous exhibits demonstrating that Ds possessed banned hazardous substances. Over Ds' objection, the district court admitted the CPSC's Exhibits under Rule 803(6), the business records exception, and Fed. R. Evid. 803(8), the public records exception, during the injunction hearings. Each exhibit contained: (1) a sample collection report which includes reports prepared by the CPSC investigator collecting the fireworks sample; (2) a laboratory test report which includes reports of laboratory test results prepared by CPSC technicians and reviewed by the director of the laboratory; (3) a compliance assessment worksheet prepared by the responsible CPSC compliance officer determining if the device violates the regulations based on the laboratory test reports; and (4) a letter of advice from the CPSC to Ds notifying them of their violative product and requesting a written response including a plan for corrective action. The district court issued a permanent injunction prohibiting Ds from selling these hazardous fireworks. Ds appealed