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Trade and Industry Department The Government of the Hong Kong Special Administrative Region
Brand Hong Kong - Asia world city
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Commercial Information Circulars

24-hour hotline : 23 922 922

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

Ref : EIC 111/2/20, EIC 111/2/21

27 August 2009

Dear Sirs,

Commercial Information Circular No. 440/2009

US : Final Rule on Determinations Regarding Lead Content Limits on
Certain Materials or Products

The US Consumer Product Safety Commission (CPSC) issued in the Federal Register (FR) notice of 26 August 2009 a final rule on determinations that certain materials do not exceed the lead content limits specified under Section 101(a) of the US Consumer Product Safety Improvement Act of 2008 (CPSIA). This regulation has become effective on 26 August 2009. A copy (pdf format) of the FR notice is appended to this circular for reference.

DETAILS

  1. The trade was informed via Commercial Information Circular No. 43/2009 that the CPSC published a notice in the FR of 15 January 2009 to seek public comments on its proposed rulemaking on preliminary determinations that certain natural materials do not exceed the lead content limits under Section 101(a) of the CPSIA. After review of the comments, the CPSC now issues the final rule. By the rule, the products and materials determined by the CPSC to fall under the lead content limits, are no longer subject to Section 101(a) of the CPSIA and no testing of these products and materials is required under Section 102(a) of the CPSIA.

  2. According to the final rule, the following materials do not exceed the lead content limits under Section 101(a) of the CPSIA provided that these materials have neither been treated or adulterated with the addition of materials that could result in the addition of lead into the product or material:

  1. Precious gemstones: diamond, ruby, sapphire, emerald.

  2. Semiprecious gemstones and other minerals, provided that the mineral or material is not based on lead or lead compounds and is not associated in nature with any mineral based on lead or lead compounds (excluding any mineral that is based on lead or lead compounds including, but not limited to, the following: aragonite, bayldonite, boleite, cerussite, crocoite, galena, linarite, mimetite, phosgenite, vanadinite, and wulfenite).

  3. Natural or cultured pearls.

  4. Wood.

  5. Paper and similar materials made from wood or other cellulosic fiber, including, but not limited to, paperboard, linerboard and medium, and coatings on such paper which become part of the substrate.

  6. CMYK (uses transparent cyan (C), magenta (M), and yellow (Y) inks, in addition to black ink, to create a wide range of colours) process printing inks (excluding spot colours, other inks that are not used in CMYK process, inks that do not become part of the substrate under Title 16, Code of Federal Regulations, Part 1303 (16 CFR Part 1303), and inks used in after-treatment applications, including screen prints, transfers, decals, or other prints).

  7. Textiles (excluding after-treatment applications, including screen prints, transfers, decals, or other prints) consisting of: (i) Natural fibers (dyed or undyed) including, but not limited to, cotton, kapok, flax, linen, jute, ramie, hemp, kenaf, bamboo, coir, sisal, silk, wool (sheep), alpaca, llama, goat (mohair, cashmere), rabbit (angora), camel, horse, yak, vicuna, qiviut, guanaco; (ii) Manufactured fibers (dyed or undyed) including, but not limited to, rayon, azlon, lyocell, acetate, triacetate, rubber, polyester, olefin, nylon, acrylic, modacrylic, aramid, spandex.

  8. Other plant-derived and animal-derived materials including, but not limited to, animal glue, bee's wax, seeds, nut shells, flowers, bone, sea shell, coral, amber, feathers, fur, leather.

  1. As stated in the final rule, the following metals and alloys do not exceed the lead content limits under Section 101(a) of the CPSIA, provided that no lead or lead-containing metal is intentionally added but does not include the non-steel or non-precious metal components of a product, such as solder or base metals in electroplate, clad, or fill applications:

  1. Surgical steel and other stainless steel within the designations of Unified Numbering System, UNS S13800 - S66286, not including the stainless steel designated as 303Pb (UNS S30360).

  2. Precious metals: Gold (at least 10 karat); sterling silver (at least 925/1000); platinum; palladium; rhodium; osmium; iridium; ruthenium, titanium.

  1. However, if the material or product changes such that it exceeds the lead limits of Section 101 (a) of the CPSIA, then the determination is not applicable to that material or product. The changed or altered material or product must then meet the statutory lead level requirements. The CPSC intends to obtain and test products in the marketplace to assure that products comply with the CPSIA lead limits and will take appropriate enforcement action if it finds a product to have lead levels exceeding those allowed by law. Other details of the final rule are set out in the FR notice.

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