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

Commercial Information Circulars

24-hour hotline : 23 922 922

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

Ref : EIC 111/2/21

12 May 2009

Dear Sirs,

Commercial Information Circular No. 240/2009

US : Application of Lead Limits to Inventory under the Consumer Product
Safety Improvement Act of 2008

This circular serves to remind traders of the more stringent lead limits set in the US Consumer Product Safety Improvement Act of 2008 (CPSIA) effective 14 August 2009 and the application of these new lead limits to inventory.

  1. The trade was informed via Commercial Information Circular No. 451/2008 about the main provisions of the CPSIA including the rule for children's products containing lead and lead paint. According to Section 101 of the CPSIA, the lead content for children's products cannot exceed 600 parts per million (ppm) beginning 10 February 2009. The lead content limit will be tightened to 300 ppm beginning 14 August 2009. Unless the US Consumer Product Safety Commission (CPSC) determines that the 100 ppm standard is not feasible for a product or product category, it will be further reduced to 100 ppm on 14 August 2011. For lead paint, a new standard of a maximum of 0.009% lead will replace the current maximum of 0.06% on 14 August 2009.

  2. Traders are reminded that the new lead limits apply not only to products manufactured after the effective date, but also to products manufactured earlier. Children's products with more than 300 ppm lead cannot be sold from inventory or on store shelves beginning 14 August 2009. As for children's products that contain lead above 100 ppm, if it is deemed technologically feasible, cannot be sold from inventory or on store shelves beginning 14 August 2011. Similarly, for children's products subject to the lead paint ban, once the more stringent lead paint limit takes effect on 14 August 2009, products that exceed the new lead paint limit cannot be sold from inventory or on store shelves.

  3. For details, traders may refer to the CPSC's General Counsel Advisory Opinion dated 12 September 2008 under the subject "Retroactive Application of the CPSIA to Inventory" at Annex A (pdf format) and the Statement of CPSC Enforcement Policy on Section 101 Lead Limits at Annex B (pdf format) . The Advisory Opinion and the Statement are also available on CPSC's website at http://www.cpsc.gov/library/foia/advisory/317.pdf and http://www.cpsc.gov/about/cpsia/101lead.pdf respectively. Traders are also reminded that the Advisory Opinion was prepared by CPSC staff, has not been approved by and may be changed or superseded by the CPSC; while the Statement will apply to its terms, from the date issued by the CPSC until revoked, modified or superseded by CPSC vote.

  4. To facilitate traders understand more about the CPSIA requirements, the CPSC has prepared and posted brief summaries and frequently asked questions related to the Act to its website at http://www.cpsc.gov/about/cpsia/legislation.html. The CPSC has also prepared a Chinese webpage (http://www.cpsc.gov/businfo/intl/newusreq_ch.html) for information. Traders are strongly advised to seek clarifications with their importers in the US in order to comply with the necessary requirements.

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