Commercial Information Circulars
24-hour hotline : 23 922 922
e-mail address : enquiry@tid.gov.hk
Ref : EIC 111/2/21
22 July 2009
Dear Sirs,
Commercial Information Circular No. 374/2009
US : Statement of Policy Concerning Tracking Label Requirement in Section 103(a)
of the Consumer Product Safety Improvement Act of 2008
On 20 July 2009, the US Consumer Product Safety Commission (CPSC) posted a document entitled "Statement of Policy: Interpretation and Enforcement of Section 103(a) of the Consumer Product Safety Improvement Act" (Statement of Policy) to its website providing guidance to the public about the tracking label requirement in Section 103(a) of the US Consumer Product Safety Improvement Act of 2008 (CPSIA). Traders may refer to the Annex (pdf format) or the following CPSC website at
http://www.cpsc.gov/about/cpsia/sect103policy.pdf for details.
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The trade was informed via Commercial Information Circular No. 268/2009 about the tracking label requirement of the CPSIA. Beginning 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. A children's product is defined in Section 235(a) of the CPSIA as a "consumer product designed or intended primarily for children 12 years of age or younger". The CPSC issued the Statement of Policy on 20 July 2009 to clarify its interpretation of the statutory requirements and provide guidance on how it intends to enforce Section 103 of the CPSIA.
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In gist, the Statement of Policy clarifies that (i) the statutory provision does not require a uniform one-size-fits-all system. At this point, the CPSC is not imposing any uniform tracking label requirements, but expects that manufacturers use their best judgment to develop markings that best suit their business and product; (ii) the tracking label requirement applies to children's products made on or after 14 August 2009. It does not apply retroactively to such products made before that date; and (iii) importers should work with their foreign manufacturing sources to ensure compliance as both US domestic manufacturers and importers are responsible for compliance. Other details such as format and content of the "tracking label"are set out in the Statement of Policy.
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To facilitate traders understand more about the CPSIA requirements, the CPSC has prepared and posted a brief summary and a list of frequently asked questions related to Section 103 of the CPSIA to its website at
http://www.cpsc.gov/about/cpsia/sect103.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
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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
| Note : | While every effort is made to ensure the accuracy of the above information, the Department cannot guarantee this to be so and will not be held liable for any reliance placed on the same. |