Commercial Information Circulars

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

Ref : EIC 111/2/20

26 April 2011

Dear Sirs,

Commercial Information Circular No. 242/2011

US : Revisions to Terms of Acceptance of Children's Clothing Textiles Certifications Based on Third Party Conformity Assessment Body Testing Prior to CPSC's Acceptance of Accreditation

The US Consumer Product Safety Commission (CPSC) published a notice in the Federal Register on 22 April 2011 to amend the terms under which it would accept children's clothing textiles certifications based on third party conformity assessment body testing to the flammability regulations at Title 16, Code of Federal Regulations, part 1610 (16 CFR part 1610) that occurred before the CPSC's acceptance of the accreditation of the third party conformity assessment body. The amendments have become effective on 22 April 2011. For details, please refer to the FR notice which is available at http://edocket.access.gpo.gov/2011/pdf/2011-9790.pdf.

DETAILS

2.The trade was informed via Commercial Information Circular No. 372/2010 dated 19 August 2010 that the CPSC had issued and invited public comments to the criteria and process for its acceptance of accreditation of third party conformity assessment body for testing children's clothing textiles pursuant to 16 CFR part 1610, Standard for the Flammability of Clothing Textiles, which sets minimum standards for flammability of clothing textiles under the US Flammable Fabrics Act. Each manufacturer of children's clothing textiles must have any such product manufactured after 16 November 2010, 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.

3.The CPSC also set forth the following terms under which it would accept children's clothing textiles certifications based on retrospective testing (i.e. testing performed by a third party conformity assessment body prior to the CPSC's acceptance of its accreditation):

1. the product was tested by a third party conformity assessment body that was ISO/IEC 17025 accredited by an ILAC-MRA (International Laboratory Accreditation Cooperation-Mutual Recognition Arrangement) member at the time of the test;
2. the third party conformity assessment body's application for testing using the test methods in 16 CFR part 1610 is accepted by the CPSC on or before 18 October 2010;
3. the product was tested under 16 CFR part 1610 on or after 18 August 2010;
4. the accreditation scope in effect for the third party conformity assessment body at the time of testing expressly included testing to 16 CFR part 1610;
5. the test results show compliance with the applicable current standards and/or regulations; and
6. the third party conformity assessment body's accreditation, including inclusion in its scope of 16 CFR part 1610, remains in effect through the effective date for mandatory third party testing and manufacturer certification for conformity with 16 CFR part 1610.

4.The CPSC had received requests from certain members of the clothing textile industry to reduce unnecessary retesting of clothing textiles that have been tested already and found to be in compliance with CPSC regulations. In response to these requests, it decided to amend the two terms at 3(b) and (c) above as follows:

• 3(b)the third party conformity assessment body's application for testing using the test methods in 16 CFR part 1610 is accepted by the CPSC on or before 16 November 2010; and
• 3(c)the product was tested under 16 CFR part 1610 on or after 18 August 2009.

ENQUIRIES

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

Yours faithfully,

(Miss Bonny CHAO)
for Director-General of Trade and Industry