Commercial Information Circulars

24-hour hotline : 23 922 922

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

Ref : EIC 111/2/21

19 January 2009

Dear Sirs,

Commercial Information Circular No. 43/2009

US : Proposed Regulations on Children's Products Containing Lead

The US Consumer Product Safety Commission (CPSC) published in the Federal Register (FR) of 15 January 2009 four proposed regulations to implement various provisions of the US Consumer Product Safety Improvement Act of 2008 (CPSIA). Interested parties may submit comments on the four proposed regulations to CPSC by 17 February 2009.

DETAILS

Proposed determinations regarding lead content for certain materials or products

2. The CPSC preliminarily determined that certain natural, untreated and unadulterated materials, metals and alloys have not been found to exceed the lead content limits of 600 parts per million (ppm) or 300 ppm prescribed under Section 101(a) of the CPSIA. Details of CPSC's proposed determinations on the listed natural materials, metals and alloys are set out in the FR notice which can be accessed through the following link : http://www.cpsc.gov/businfo/frnotices/fr09/leadlimits.pdf. 

Proposed procedures and requirements for determinations or exclusions regarding lead content of materials or products

3. The CPSC sets out its proposed procedures and requirements for: (a) a CPSC determination that a commodity or class of materials or a specific material or product does not exceed the lead content limits specified under Section 101(a) of the CPSIA; or (b) an exclusion of a commodity or class of materials or a specific material or product under Section 101(b), that exceeds the lead content limits under Section 101(a), but which will not result in the absorption of any lead into the human body nor have any other adverse impact on public health or safety. Details of CPSC's proposed procedures and requirements are set out in the FR notice which can be accessed through the following link : http://www.cpsc.gov/businfo/frnotices/fr09/leadprocedures.pdf.

Proposed interpretative rule on inaccessible component parts of children's products containing lead

4. Section 101 (b)(2) of the CPSIA provides that the lead limits do not apply to component parts of a product that are not accessible to a child. This Section specifies that a component part is not accessible if it is not physically exposed by reason of a sealed covering or casing and does not become physically exposed through reasonably foreseeable use and abuse of the product including swallowing, mouthing, breaking, or other children's activities, and the aging of the product, as determined by the CPSC. Paint, coatings, or electroplating may not be considered to be a barrier that would render lead in the substrate to be inaccessible to a child. The CPSC proposes an interpretative rule providing guidance with respect to what product components or classes of components will be considered to be inaccessible. Details of CPSC's proposed interpretative rule are set out in the FR notice which can be accessed through the following link : 
   http://www.cpsc.gov/businfo/frnotices/fr09/leadinaccessibility.pdf.

Proposed exemptions from lead limits for certain electronic devices

5. Pursuant to Section 101(b)(4) of the CPSIA, the CPSC proposes requirements to eliminate or minimize the potential for exposure to and accessibility of lead in certain electronic devices for which are not technologically feasible to meet the lead limits specified under Section 101(a) of the CPSIA. Details of CPSC's proposed exemptions are set out in the FR notice which can be accessed through the following link : http://www.cpsc.gov/businfo/frnotices/fr09/leadelectronic.pdf.

ENQUIRIES

6. 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