Commercial Information Circulars

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

Ref : EIC 111/2/20, EIC 111/2/21

9 February 2011

Dear Sirs,

Commercial Information Circular No. 101/2011

US : CPSC to further Extend the Stay of Enforcement of Testing and Certification Requirements for the Total Lead Content in Children's Products

The US Consumer Product Safety Commission (CPSC) published in the Federal Register (FR) of 8 February 2011 a notice to announce the extension of the stay of enforcement of testing and certification requirements pertaining to total lead content in children's products (except for metal components of children's metal jewelry) and related products until 31 December 2011. The FR notice is available at: http://edocket.access.gpo.gov/2011/pdf/2011-2704.pdf.

DETAILS

2.The trade was informed via Commercial Information Circular No. 657/2009 that the CPSC announced in the Federal Register (FR) notice on 28 December 2009 of its decision to extend the stay of enforcement of certain testing and certification requirements specified in the US Consumer Product Safety Act (CPSA) as amended by Section 102(a) of the US Consumer Product Safety Improvement Act of 2008 (CPSIA) until 10 February 2011; and to revise the terms of the stay.

Stay for Total Lead Content in Children's Products

3.In accordance with the FR notice of 28 December 2009, the CPSC decided to extend the stay of enforcement 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. The testing and certification stay however does not affect underlying product compliance. Children's products, unless exempt or otherwise not subject to the limits, have had to comply with the actual lead content limits since they have been taken effect in 2009. This limit is currently set at 300 parts per million (ppm).

4.The CPSC now decides to further extend the stay of enforcement of testing and certification requirements pertaining to total lead content in children's products (except for metal components of children's metal jewelry) until 31 December 2011.

5.The decision to extend the stay of enforcement until 31 December 2011 is also applicable to the lead content in (i) youth motorized recreational vehicles and (ii) bicycles and related products. For details of the stay of enforcement of these products, please refer to Commercial Information Circular No. 245/2009 and 343/2009 respectively.

Products with the Stay of Enforcement Remains in Effect

6.The CPSC also announced that the stay of enforcement pertaining to (i) the testing of children's toys and child care articles for banned phthalates, and (ii) the testing of children's toys for compliance with the mandatory toy safety standard ASTM F-963 (which includes caps and toy guns), as described in the FR notice of 28 December 2009, will continue until the respective notices of requirements for accreditation of third party conformity assessment bodies (laboratories) are published.

7.Traders are strongly advised to seek clarifications with their importers in the US in order to comply with the necessary requirements.

ENQUIRIES

8.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