relative file path for layout
Skip to main content  Skip to search  Skip to main menu
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 111/2/20, EIC 111/2/21

29 December 2009

Dear Sirs,

Commercial Information Circular No. 657/2009

US : CPSC's Action on the Stay of Enforcement of Testing and Certification Requirements

The US Consumer Product Safety Commission (CPSC) published a notice in the Federal Register (FR) of 28 December 2009 announcing (i) its decision to extend its stay of enforcement of certain testing and certification requirements in the US Consumer Product Safety Act (CPSA), as amended by the US Consumer Product Safety Improvement Act of 2008 (CPSIA) until 10 February 2011; and (ii) changes to the stay. A copy of the FR notice is at Annex A (pdf format) appended to this circular for reference.

DETAILS

  1. The trade was informed via Commercial Information Circular No. 70/2009 that the CPSC published in the FR notice of 9 February 2009 announcing its decision to stay enforcement of certain testing and certification requirements specified in the CPSA, as amended by Section 102(a) of the CPSIA. The stay remains in effect until 10 February 2010, at which time the CPSC will vote to terminate the stay. The CPSC voted on 17 December 2009 to (i) extend the aforesaid stay of enforcement for a year until 10 February 2011; and (ii) revise the terms of the stay.

Products NOT covered by the stay of enforcement

  1. According to the FR notice, the stay will end on 10 February 2010 for four children's products namely bicycle helmets (Title 16, Code of Federal Regulations, Part 1203) (16 CFR Part 1203), bunk beds (16 CFR Part 1513), rattles (16 CFR Parts 1510, 1500.18(a)(15) and 1500.86(a)(1)) and dive sticks (16 CFR Parts 1500.18(a)(9) and 1500.86(a)(7) and (a)(8)). These children's products, manufactured after 10 February 2010, will require testing by a recognized third party laboratory and certification by importers and domestic manufacturers based on such testing. 
     

  2. The CPSC also decided to lift the stay of enforcement on 10 February 2010 with regard to the following rules applicable to non-children's products: 

  1. Ban on Lead-In-Paint in paint and on furniture (16 CFR Part 1303); 
     

  2. Requirements for child-resistance on portable gas containers (Section 2 of the US Children's Gasoline Burn Prevention Act);
     

  3. Regulations for special packaging required under the US Poison Prevention Packaging Act (16 CFR Part 1700); 
     

  4. Ban on extremely flammable contact adhesives (16 CFR Part 1302);
     

  5. Ban of unstable refuse bins (16 CFR Part 1301); and 
     

  6. Standard for refrigerator door latches (16 CFR Part 1750).

Products subject to these statutes and regulations will require testing based upon a reasonable testing program, and the manufacturers will need to issue a certificate of general conformity to these statutes or regulations ("general conformity certificate (GCC)") beginning on 10 February 2010 for all products manufactured after that date.

  1. The non-children's products listed below have been subject to CPSC's testing, labelling, recordkeeping or certification requirement as it existed before the CPSIA. The stay of enforcement published in the FR notice of 9 February 2009 did not undo these pre-existing requirements. With the CPSC's decision to lift the stay of enforcement, the GCC requirement will apply to products manufactured after 10 February 2010.

  1. All terrain vehicles;
     

  2. Mattresses;
     

  3. Architectural glazing;
     

  4. Matchbooks; 
     

  5. CB antennas; 
     

  6. Lawnmowers; 
     

  7. Swimming pool slides; 
     

  8. Candles with lead wicks; 
     

  9. Cellulose insulation; 
     

  10. Garage door openers; 
     

  11. Cigarette lighters; 
     

  12. Multi-purpose lighters; and 
     

  13. Fireworks.

Products covered by the stay of enforcement until further notice

  1. The CPSC has decided to continue the stay of enforcement for consumer products or children's products listed below until further notice. This means that the CPSC will not take enforcement action against the manufacturers (including importers) and private labellers of such products for not having certificates based on third party testing as required by the CPSIA. Products must still comply with these regulations including any testing requirements contained in those regulations.

  1. Carpets and rugs (16 CFR Parts 1630 and 1631, except that the continuation of the stay of enforcement does not extend to guarantees under the US Flammable Fabrics Act); 
     

  2. Vinyl plastic film (16 CFR Part 1611, except that the continuation of the stay of enforcement does not extend to guarantees under the Flammable Fabrics Act); 
     

  3. Wearing apparel (16 CFR Part 1610, except that the continuation of the stay of enforcement does not extend to guarantees under the Flammable Fabrics Act); 
     

  4. Caps and toy guns (16 CFR Part 1500.18(a)(5)); 
     

  5. Phthalates (Section 108 of the CPSIA); 
     

  6. ASTM F963 (Consumer Safety Specifications for Toy Safety) (Section 106 of the CPSIA); 
     

  7. Clacker balls (16 CFR Parts 1500.18(a)(7), 1500.86(a)(5)); 
     

  8. Baby walkers (In the FR of 3 September 2009, the CPSC issued a proposed rule pertaining to baby walker standards); 
     

  9. Bath seats (In the FR of 3 September 2009, the CPSC issued a proposed rule pertaining to bath seats); 
     

  10. Children's sleepwear (16 CFR Parts 1615 and 1616, except that the continuation of the stay of enforcement does not extend to guarantees under the Flammable Fabrics Act); 
     

  11. Electronic toys (16 CFR Parts 1500.18(b) and 1505); and 
     

  12. Durable infant products (Section 104 of the CPSIA). 

The CPSC intends to require testing and certification of these products once it completes the rulemakings associated with the products, issues notices of requirements, or otherwise resolves the issues that have warranted a continuation of the stay of enforcement for the products.

Stay for total lead content in children's products

  1. The CPSC plans to keep the stay in effect for total lead content in metal children's products and in non-metal children's products tested pursuant to "CPSC-CH-E1001-08, Standard Operating Procedure for Determining Total Lead (Pb) in Children's Metal Products" or "CPSC-CH-E1002-08, Standard Operating Procedure for Determining Total Lead (Pb) in Non-Metal Children's Products", (Section 101 of the CPSIA) until 10 February 2011. With regard to lead content, the CPSC has determined that testing of children's products for lead content by a recognized third party testing laboratory and certification based upon that testing should begin on products manufactured after 10 February 2011 to allow component testing to form the basis for certifications for lead content and permit the CPSC staff to complete an interpretative rule on the meaning of the term "children's product". In the meantime, to assist firms in understanding the meaning of "children's products" as used in the CPSIA pending the issuance of a final rule on it, the CPSC has posted on its website a series of Frequently Asked Questions that explain that the CPSC believes that certain products are presumptively children's products.
     

  2. A table on required certifications and effective dates can be found in the table at Annex B (pdf format). The table shows which products remain subject to the stay of certification and which do not.
     

  3. Separately, the CPSC issued on 18 December 2009 a news release announcing to extend the stay of testing and certification requirements for certain children's products. The news release can be viewed at
    http://www.cpsc.gov/cpscpub/prerel/prhtml10/10083.html.

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