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Trade and Industry Department The Government of the Hong Kong Special Administrative Region
Brand Hong Kong - Asia world city

Commercial Information Circulars

24-hour hotline : 23 922 922

e-mail address : enquiry@tid.gov.hk

Ref : EIC 111/2/21

25 February 2009

Dear Sirs,

Commercial Information Circular No. 103/2009

US : Notice of Availability of Draft Guidance Regarding Which Children's Products are Subject to the Requirements of Section 108 of the Consumer Product Safety Improvement Act of 2008

The US Consumer Product Safety Commission (CPSC) published in the Federal Register (FR) of 23 February 2009 a notice of availability of draft guidance regarding which children's products are subject to the requirements of Section 108 of the US Consumer Product Safety Improvement Act of 2008 (CPSIA) for public comment. Interested parties may submit comments to CPSC by 25 March 2009. A copy (pdf format) of the FR notice is appended to this circular for reference.

 

DETAILS

 

  1. Section 108 of the CPSIA permanently prohibits the sale of any "children's toy or child care article" containing more than 0.1 percent of three specified phthalates (i.e. Di-(2-ethylhexyl) phthalate (DEHP), dibutyl phthalate (DBP), and benzyl butyl phthalate (BBP)). Section 108 of the CPSIA also prohibits on an interim basis "toys that can be placed in a child's mouth" or "child care articles" containing more than 0.1 percent of three additional phthalates (i.e. Diisononyl phthalate (DINP), diisodecyl phthalate (DIDP), and di-n-octyl phthalate (DnOP)). These prohibitions became effective on 10 February 2009. 
     
  2. The CPSC staff has received many inquiries from manufacturers seeking clarification on which products are subject to the requirements of Section 108 and, in response, has developed a possible approach to guide manufacturers in determining which products might be subject to the requirements. The purpose of this notice is to seek public comment on the CPSC staff's draft approach for determining which products are subject to the requirements of Section 108 of the CPSIA, and to seek additional information on how the approach could be applied to particular product classes.
     
  3. At the website of CPSC: http://www.cpsc.gov/about/cpsia/phthalatesop.pdf, a document dated 9 February 2009 entitled "Test Method: CPSC-CH-C1001-09 - Standard Operating Procedure for Determination of Phthalates" was posted. The document provides detailed information on test methods that will be used by the CPSC testing laboratory for the analysis of phthalate content in child care items and toys. As specified in its footnote, this document was prepared by CPSC staff, has not been reviewed or approved by, and may not necessarily reflect the views of, the CPSC.

 

ENQUIRIES

 

  1. For enquiries concerning the content of this circular, please contact the undersigned at 2398 5682.

Yours faithfully,




(Miss Bonny CHAO)

for Director-General of Trade and Industry