Commercial Information Circulars

24-hour hotline : 23 922 922

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

Ref : EIC 111/2/21

31 August 2010

Dear Sirs,

Commercial Information Circular No. 390/2010

US : CPSC's Notice on Requirements for Accreditation of Third Party Conformity Assessment Bodies related to Testing for Youth All-Terrain Vehicles

The US Consumer Product Safety Commission (CPSC) published in the Federal Register (FR) of 27 August 2010 a notice of requirements that provides the criteria and process for CPSC's acceptance of accreditation of third party conformity assessment bodies for testing of all-terrain vehicles (ATVs) designed or intended primarily for children 12 years of age or younger. These accreditation requirements came into effect on 27 August 2010. The FR notice is available at: http://edocket.access.gpo.gov/2010/pdf/2010-21199.pdf. Interested parties may submit comments in response to this notice of requirements to the CPSC by 27 September 2010. 

2. Traders have been informed via Commercial Information Circular No. 657/2009 of 29 December 2009 of the CPSC's stay of enforcement, until further notice, of testing and certification requirements of a number of products, including ATVs. With the publication of this notice of requirements on 27 August 2010, the stay of enforcement in respect of ATVs since February 2009 has been lifted with immediate effect. 

DETAILS

3. Pursuant to the US Consumer Product Safety Act (CPSA), as amended by the US Consumer Product Safety Improvement Act of 2008 (CPSIA), each manufacturer (including the importer) or private labeller of youth ATVs must have such products manufactured more than 90 days after the publication date of this notice of requirements, tested by a third party conformity assessment body accredited to do so, and must issue a certificate of compliance with the applicable regulations based on that testing. 
   
   

4. This notice of requirements provides the criteria and process for CPSC's acceptance of accreditation of third party conformity assessment bodies for testing pursuant to Title 16, Code of Federal Regulations, parts 1420, Requirements for All Terrain Vehicles, which incorporates by reference the applicable provisions of the American National Standard for Four Wheel All-Terrain Vehicles, ANSI/SVIA 1-2007. For the purpose of this notice of requirements, the term "youth ATVs" at a minimum refers to Categories Y-6+ and Y-10+ in ANSI/SVIA 1-2007. The CPSC would also determines, following the factors set forth in section 3(a)(2) of the CPSA, whether Category Y-12+ ATVs or ATVs of other categories are intended primarily for children age 12 or younger, which would necessitate the third party testing and certification requirements. The CPSC would not rely solely on a statement by the manufacturer about the ATV's intended use.
   
   

5. Third party conformity assessment bodies, that wish to be accredited to test the youth ATVs for conformity with the applicable test methods as codified in the standards mentioned above, must be accredited by an accrediting body that is a signatory to the International Laboratory Accreditation Cooperation-Mutual Recognition Arrangement (ILAC-MRA) and the accreditation must be registered with, and accepted by the CPSC. The CPSC has established an electronic accreditation registration and listing system that can be accessed via its website at http://www.cpsc.gov/about/cpsia/labaccred.html. Please refer to the FR notice for details of the requirements for accreditation.
   

ENQUIRIES

6. 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