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

22 July 2011

Dear Sirs,

Commercial Information Circular No. 433/2011

US : CPSC's Final Rule to Determine Certain Children's Upper Outerwear with Drawstrings as Substantial Product Hazards

The US Consumer Product Safety Commission (CPSC) issued in the Federal Register (FR) of 19 July 2011 a final rule to determine that children's upper outerwear garments in sizes 2T to 12 or the equivalent, which have neck or hood drawstrings, and in sizes 2T to 16 or the equivalent, which have waist or bottom drawstrings that do not meet specified criteria, present substantial product hazards pursuant to the US Consumer Product Safety Act (CPSA) as amended by the US Consumer Product Safety Improvement Act of 2008 (CPSIA). The final rule will take effect on 18 August 2011. The FR notice is available at
http://www.gpo.gov/fdsys/pkg/FR-2011-07-19/pdf/2011-17961.pdf. 

DETAILS

2.The trade was informed via Commercial Information Circular No. 243/2010 that the CPSC sought comments on the proposed rule to specify that certain children's upper outerwear garments with drawstrings through the hood, neck, waist or bottom have characteristics that constitute substantial product hazards pursuant to the CPSIA. After reviewing the comments received, the CPSC issued the final rule to specify that items of children's upper outerwear that are subject to, but do not comply with, the ASTM F 1816-97 "Standard Safety Specification for Drawstrings on Children's Upper Outerwear" are substantial product hazards under section 15(a)(2) of the CPSA.

3.Children's upper outerwear with drawstrings determined to have a substantial product hazard would be placed on CPSC's "substantial product hazard list" and would be subject to certain ramifications, including the following:

1. 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 20 of the CPSA and possibly criminal penalties under section 21 of the CPSA;
2. corrective action under section 15(c) and (d) of the CPSA: 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; and
3. refused admission into the US under section 17(a) of the CPSA.

4.Moreover, as the final rule is not considered a consumer product safety rule under the CPSA, products subject to this rule would not be subject to the testing and certification requirements under section 14(a) of the CPSA. However, such products may need to be tested and certified if they are subject to other CPSC requirements, such as flammability requirements or the lead and phthalate content requirements in the CPSIA.

ENQUIRIES

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