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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

30 November 2010

Dear Sirs,

Commercial Information Circular No. 555/2010

US : CPSC's Requirements for Accreditation of Third Party Conformity Assessment Bodies for Testing Children's Sleepwear

The US Consumer Product Safety Commission (CPSC) published in the Federal Register (FR) notice of 19 November 2010 a notice of requirements that provides the criteria and process for its acceptance of accreditation of third party conformity assessment bodies to test children's sleepwear of sizes 0 through 6X and 7 through 14 for conformity with the CPSC flammability standards. These accreditation requirements came into effect on 19 November 2010. A copy of the FR notice is at Appendix (pdf format) to this circular for reference. 

  1.  

  2. Traders have been informed via Commercial Information Circular No. 657/2009 dated 29 December 2009 of the CPSC's stay of enforcement, until further notice, of testing and certification requirements of a number of products, including children's sleepwear. With the publication of the accreditation requirements on 19 November 2010, the stay of enforcement in respect of testing and certification of children's sleepwear since February 2009 has been lifted with immediate effect.

DETAILS

  1. Pursuant to the US Consumer Product Safety Act, each manufacturer (including the importer) or private labeller of children's sleepwear must have such products that are manufactured more than 90 days after the publication date of this FR 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.
     

  2. This notice 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 1615 and 1616 (16 CFR Parts 1615 and 1616), Standard for the Flammability of Children's Sleepwear, with Part 1615 covering children's sleepwear of size 0 through 6X and Part 1616 those of size 7 through 14. The Standards require that children's sleepwear, and fabric intended for such sleepwear, stop burning when the flame source is removed.
     

  3. Children's sleepwear garments subject to the Standards must follow specific sampling plans and be tested for flammability performance at three stages of production: (1) fabric testing; (2) prototype testing in which seams and trims are tested; and (3) final product testing (also known as Garment Production Unit testing).
     

  4. Certain apparel products are exempt from Parts 1615 and 1616 testing, including infant garments of size nine months or smaller as defined in §1615.1(c) and tight-fitting as defined in §1615.1(o) and §1616.2(m). As such, third party testing to demonstrate that a product meets the exception is not required. 
     

  5. Third party conformity assessment bodies that wish to be accredited to test children's sleepwear for conformity with the stipulated test methods 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.

ENQUIRIES

  1. For enquiries about the content of this circular, please contact Miss S Y TANG at telephone number 2398 5405. 

Yours faithfully,




(Larkin LEE)

for Director-General of Trade and Industry