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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 111/2/20 
        EIC 111/2/21

9 February 2009

Dear Sirs,

Commercial Information Circular No. 70/2009

US : Stay of Enforcement of Testing and Certification Requirements

The US Consumer Product Safety Commission (CPSC) published in the Federal Register (FR) of 9 February 2009 announcing its decision to stay enforcement of certain provisions of Sub-section 14(a) of the US Consumer Product Safety Act (CPSA) as amended by Section 102(a) of the US Consumer Product Safety Improvement Act of 2008 (CPSIA). This stay will be effective on 10 February 2009 and will remain in effect until 10 February 2010, at which time the CPSC will vote to terminate the stay. A copy (pdf format) of the FR notice is appended to this circular for reference.

  1. According to the FR notice, the CPSC is staying certain of the requirements of paragraphs 14(a)(1), (2), and (3) that otherwise require testing and issuance of certificates of compliance by manufacturers, including importers, of products subject to an applicable consumer product safety rule as defined in the CPSA or similar rule, ban, standard, or regulation under any other Act enforced by the CPSC. This stay covers all such requirements with the exception of:

  1. those where testing and certification was required by Sub-section 14(a) of the CPSA prior to enactment of the CPSIA; and

  2. those requirements, when they become effective, applicable to children's product certifications required to be supported by third party testing for which the CPSC has issued requirements for acceptance of accreditation of third party testing laboratories to test for:

  • lead paint (effective for products manufactured after 21 December 2008),
     

  • full-size and non-full-size cribs and pacifiers (effective for products manufactured after 20 January 2009),
     

  • small parts (effective for products manufactured after 15 February 2009), and
     

  • metal components of children's metal jewelry (effective for products manufactured after 23 March 2009); and

  1. any and all certifications expressly required by CPSC regulations; and

  1. the certifications required due to certain requirements of the US Virginia Graeme Baker Pool & Spa Safety Act being defined as consumer product safety "rules"; and

  1. the certifications of compliance required for all terrain vehicles in Section 42(a)(2) of the CPSA which were added by CPSIA; and

  1. any voluntary guarantees provided for in the US Flammable Fabrics Act or otherwise (to the extent a guarantor wishes to issue one).

  1. This stay does not alter or postpone the requirement that all products meet applicable consumer product safety rules as defined in the CPSA or similar rules, bans, standards, or regulations under any other Act enforced by the CPSC.

  2. Separately, the CPSC issued on 30 January 2009 a news release announcing it grants one year stay of testing and certification requirements for certain products. The news release can be accessed through the following link to the CPSC's website at : 
    http://www.cpsc.gov/cpscpub/prerel/prhtml09/09115.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