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

24-hour hotline : 23 922 922

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

Ref : EIC 111/2/21

29 June 2011

Dear Sirs,

Commercial Information Circular No. 372/2011

US : CPSC's Final Rule to Determine Certain Hand-supported Hair Dryers as Substantial Product Hazards

The US Consumer Product Safety Commission (CPSC) issued in the Federal Register (FR) of 28 June 2011 a final rule to determine that any hand-supported hair dryer without integral immersion protection presents a substantial product hazard pursuant to the US Consumer Product Safety Improvement Act of 2008 (CPSIA). The final rule takes effect on 28 July 2011. The FR notice is available at: http://www.gpo.gov/fdsys/pkg/FR-2011-06-28/pdf/2011-15981.pdf.

DETAILS

2.The trade was informed via Commercial Information Circular No. 227/2010 dated 18 May 2010 of CPSC's proposed rule to determine that any hand-held hair dryer without integral immersion protection, as specified in the voluntary standards Underwriters Laboratories (UL)' Standard for Safety for Household Electric Personal Grooming Appliances (UL 859) or UL' Standard for Safety for Commercial Electric Personal Grooming Appliances (UL 1727), presents a substantial product hazard pursuant to the CPSIA. After reviewing the comments received, the CPSC issued a final rule which is essentially the same as the proposed rule except that the term "hand-held hair dryer" is replaced by "hand-supported hair dryer" so as to be consistent with the wording of UL 859 and UL 1727.

3.Section 15(j) of the US Consumer Product Safety Act (CPSA) as amended by the CPSIA provides the authority to the CPSC to specify, by rule, for any consumer product or class of consumer products having characteristics whose presence or absence creates a substantial product hazard. Under this final rule, the CPSC names hand-supported hair dryers without integral immersion protection as the first product group on this newly created list of products deemed to present substantial product hazards. This implies:

  • a hand-supported hair dryer without integral immersion protection is subject to the reporting requirements of Section 15(b) of the CPSA. A manufacturer who fails to report a substantial product hazard to the CPSC is subject to civil penalties under Section 21 of the CPSA.

  • a hand-supported hair dryer without integral immersion protection is subject to corrective action under Section 15(c) and (d) of the CPSA. Thus the CPSC can order the manufacturer, distributor, or retailer of the product to offer to repair or replace the product, or to refund the purchase price to the consumer.

  • a hand-supported hair dryer without integral immersion protection will be refused admission into the US under Section 17(a) of the CPSA.

4.The CPSC also emphasizes that this final rule does not establish a consumer product safety rule and manufacturers of hand-supported hair dryers do not have to test and certify their products for compliance with this rule.

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

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