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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

13 May 2009

Dear Sirs,

Commercial Information Circular No. 245/2009

US : Stay of Enforcement Pertaining to Youth Motorized Recreational Vehicles

The US Consumer Product Safety Commission (CPSC) published in the Federal Register (FR) of 12 May 2009 announcing its decision to stay enforcement of Section 101(a) of the US Consumer Product Safety Improvement Act of 2008 (CPSIA) with regard to certain parts and youth motorized vehicles that contain those parts. The stay has been effective on 12 May 2009 and will remain in effect until 1 May 2011, unless prior to that time the CPSC, based upon evidence submitted to it, decides to continue the stay for an additional period of time with regard to all or some of the vehicles. A copy (pdf format) of the FR notice is appended to this circular for reference.

  1. According to the FR notice, the CPSC stays enforcement of Section 101(a) of the CPSIA and related provisions with respect to certain parts of motorized recreational vehicles designed or intended primarily for children 12 years or age or younger, namely youth all-terrain vehicles, youth off-road motorcycles and youth snowmobiles ("Youth Motorized Recreational Vehicles"), until 1 May 2011, upon certain conditions. Specifically, the CPSC is staying enforcement of the specified lead level as it pertains to certain parts of Youth Motorized Recreational Vehicles, specifically battery terminals containing up to 100 percent lead, and components made with metal alloys, including steel containing up to 0.35 percent lead, aluminum with up to 0.4 percent lead, and copper with up to 4.0 percent lead, and the vehicles that contain them. Details are set out in the FR notice.

  2. The stay in no way limits the CPSC's ability to take action with regard to Youth Motorized Recreational Vehicles for other safety-related issues including, but not limited to, failure to comply with the ban on lead-containing paint or with the American National Standard for Four Wheel All-Terrain Vehicles Equipment Configuration, and Performance Requirements developed by the Specialty Vehicle Institute of America effective on 13 April 2009 and the requirement to comply in all respects with an action plan on file with the CPSC as set forth in the CPSIA.

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