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

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

23 June 2010

Dear Sirs,

Commercial Information Circular No. 292/2010

US : Procedural Change for Detention of Shipments with suspected violation to Product Safety Requirements

The US Consumer Product Safety Commission (CPSC) is implementing the use of its detention authority under the Consumer Product Safety Improvement Act of 2008 (CPSIA). In a memorandum of understanding signed on 26 April 2010 by the US Customs and Border Protection (CBP) and the CPSC, the CPSC is allowed to access the CBP commercial automated systems for import safety risk assessments. The CPSC has compliance investigators or field officers "co-located" at ports with CBP and issues notices of detention for suspected violations of the laws and regulations administered by the CPSC with effect from 14 June 2010.

  1.  
  2. Unless there is a customs violation, CBP no longer detains CPSC-regulated products. The CPSC detains under its own authority the shipments with suspected CPSC-related violation and CBP acts as custodian of the merchandise. Notices of detention are issued by CPSC to the importer with copies to CBP and the customs broker. These notices provide a description of the suspected violation, a citation of the statute governing the suspected violation and contact information for the CPSC officer. All concerns related to a CPSC detention should be addressed to the CPSC contact, not to CBP. 

ENQUIRIES

  1. For enquiries concerning this circular, please contact the undersigned at telephone number 2398 5682.

Yours faithfully,




(Miss Carmen CHAN)

for Director-General of Trade and Industry