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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

20 May 2009

Dear Sirs,

Commercial Information Circular No. 268/2009

US : Tracking Label Requirement under the Consumer Product Safety
Improvement Act of 2008

This circular serves to remind traders of the tracking label requirement of the US Consumer Product Safety Improvement Act of 2008 (CPSIA) which is expected to take effect on 14 August 2009.

  1. The trade was informed via Commercial Information Circular No. 451/2008 about the main provisions of the CPSIA including the tracking label requirement. According to Section 103 of the CPSIA, by 14 August 2009, children's products and their packaging must include permanent labels that identify the source, production date and batch information to enable efficient identification of recalled products.

  2. In March 2009, the Consumer Product Safety Commission Coalition of the National Association of Manufacturers requested the US Consumer Product Safety Commission (CPSC) to stay enforcement of the CPSIA tracking label provision for a full year, until 14 August 2010, in order to provide CPSC, industry, and other product safety stakeholders time to work together to develop an orderly approach to this new requirement. On 13 May 2009, CPSC Acting Chairman Nancy Nord voted in favour of the stay of enforcement, while Commissioner Thomas Moore voted against the stay. Nord and Moore each submitted the statement with their votes, traders may refer to the Annex (pdf format) or the following CPSC website at
    http://www.cpsc.gov/library/foia/ballot/ballot09/tracklabelstay.pdf for details. The
    indecisive 1-1 vote means that the request for a stay of enforcement would not be granted and the CPSIA tracking label requirement for children's products is still due to take effect for products manufactured on or after 14 August 2009.

  3. Effective 14 August 2009, the manufacturer of a children's product shall place permanent, distinguishing marks on the product and its packaging, to the extent practicable, that will enable (a) the manufacturer to ascertain the location and date of production of the product, cohort information (including the batch, run number, or other identifying characteristic), and any other information determined by the manufacturer to facilitate ascertaining the specific source of the product by reference to those marks; and (b) the ultimate purchaser to ascertain the manufacturer or private labeler, location and date of production of the product, and cohort information (including the batch, run number, or other identifying characteristic).

  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