Commercial Information Circulars
24-hour hotline : 23 922 922
e-mail address : enquiry@tid.gov.hk
Ref : EIC 111/2/20, EIC 111/2/21
12 January 2011
Dear Sirs,
Commercial Information Circular No. 41/2011
US : CPSC's Action on Stay of Enforcement of Testing and Certification Requirements for the Total Lead Content in Children's Products
This is to remind the trade that the action of the US Consumer Product Safety Commission (CPSC) on the stay of enforcement on the third-party testing and manufacturer/importer certification requirements for lead content of children's products pursuant to the US Consumer Product Safety Act (CPSA) as amended by the US Consumer Product Safety Improvement Act of 2008 (CPSIA), which has been in effect since 10 February 2009, is scheduled to be lifted on 10 February 2011, if the CPSC does not further extend the stay.
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 CPSA as amended by Section 102(a) of the CPSIA until 10 February 2011; and to revise the terms of the stay.
Stay for Total Lead Content in Children's Products
3.CPSA, as amended by the CPSIA, requires each manufacturer (including an importer) or private labeller of a children's product subject to a children's product safety rule (such as the limit on lead content) to submit sufficient samples of the product, or samples that are identical in all material respects to the product, to a CPSC-accredited third-party laboratory to be tested for compliance with that children's product safety rule. Based on this testing, CPSC requires domestic manufacturers (in the case of domestic products) or importers (in the case of imports) to issue a certificate which certifies that the children's product complies with this rule. However, the CPSC has stayed enforcement of certain testing and certification requirements since 10 February 2009.
4.In accordance with FR notice of 28 December 2009, the CPSC kept 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). If the CPSC does not make announcement to further extend the stay of enforcement, testing of children's products for lead content by a recognized third party testing laboratory and certification based upon that testing is to begin on products manufactured after 10 February 2011.
5.Traders are strongly advised to seek clarifications with their importers in the US in order to comply with the necessary requirements.
Products with the Stay of Enforcement Lifted or Decided to be Lifted
6.The CPSC also announced in the FR notice of 28 December 2009 that the stay of enforcement for certain products is to be continued until a specified date or until further notice, subject to the completion of the rulemakings associated with these products, issuance of notices of requirements, or otherwise the resolution of issues that have warranted a continuation of the stay of enforcement for these products. Till now, the CPSC has lifted or decided to lift the stay of enforcement for the following products in stages:
| Products | Stay of Enforcement Valid Until | Relevant FR notice issued by the CPSC |
|---|---|---|
| (a) Bicycles | 15 August 2010 | http://edocket.access.gpo.gov/2010/pdf/2010-14328.pdf |
| (b) Children's Vinyl Plastic Film | 19 October 2010 | http://edocket.access.gpo.gov/2010/pdf/2010-17722.pdf |
| (c) Children's Carpets and Rugs | 19 October 2010 | http://edocket.access.gpo.gov/2010/pdf/2010-17724.pdf |
| (d) Children's Clothing Textiles | 16 November 2010 | http://edocket.access.gpo.gov/2010/pdf/2010-20497.pdf |
| (e) Children's Mattresses, Mattress Pads and Mattress Sets | 16 November 2010 | http://edocket.access.gpo.gov/2010/pdf/2010-20507.pdf |
| (f) Infant Bath Seats | 2 December 2010 | http://edocket.access.gpo.gov/2010/pdf/2010-13080.pdf |
| (g) Infant Walkers | 21 December 2010 | http://edocket.access.gpo.gov/2010/pdf/2010-14325.pdf |
| (h) Youth All-terrain Vehicles | 25 January 2011 | http://edocket.access.gpo.gov/2010/pdf/2010-21199.pdf |
| (i) Non-children's Vinyl Plastic Film | 26 January 2011 | http://edocket.access.gpo.gov/2010/pdf/2010-32181.pdf |
| (j) Non-children's Carpets and Rugs | 26 January 2011 | http://edocket.access.gpo.gov/2010/pdf/2010-32181.pdf |
| (k) Non-children's Wearing Apparel | 26 January 2011 | http://edocket.access.gpo.gov/2010/pdf/2010-32181.pdf |
| (l) Children's Sleepwear | 17 February 2011 | http://edocket.access.gpo.gov/2010/pdf/2010-29209.pdf |
Pursuant to the requirements of the CPSA as amended by the CPSIA, manufacturers (including importers and private labellers) of products listed above, which are manufactured after the respective dates specified, must comply with the relevant testing and certification requirements.
ENQUIRIES
7.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
Note ：
While every effort is made to ensure the accuracy of the above information, the Department cannot guarantee this to be so and will not be held liable for any reliance placed on the same.