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

27 July 2011

Dear Sirs,

Commercial Information Circular No. 445/2011

US : 100 ppm Lead Content Limit in Children's Products to Take Effect on 14 August 2011

The US Consumer Product Safety Commission (CPSC) issued in the Federal Register (FR) of 26 July 2011 a notice to announce that children's products must meet the statutory 100 parts per million (ppm) lead content limit on 14 August 2011 pursuant to the provisions of the US Consumer Product Safety Improvement Act of 2008 (CPSIA), unless otherwise excluded under CPSC regulations. The FR notice is available at: http://www.gpo.gov/fdsys/pkg/FR-2011-07-26/pdf/2011-18510.pdf.

DETAILS

2.Section 101(a)(2)(C) of the CPSIA provides that, as of 14 August 2011, children's products may not contain more than 100 ppm of lead unless the CPSC determines that such a limit is not technologically feasible. The determination can only made after notice and a hearing and after analyzing the public health protections associated with substantially reducing lead in children's products.

3.In this regard, the CPSC published in the FR of 27 July 2010 a notice to request for comment and to seek information concerning the technological feasibility of meeting the 100 ppm lead content limit for children's products. The CPSC also held a public hearing on 16 February 2011 to receive views from interested parties about the technological feasibility of meeting the 100 ppm lead content limit for children's products and the associated public health considerations. After evaluating the available technical information, written public comments, public hearing comments, and other available information, the CPSC does not determine that it is not technological feasible for a product or product category to meet the 100 ppm lead content limit for children's products. Therefore, all children's products sold, offered for sale, manufactured for sale, distributed in commerce, or imported for sale in the US must meet the 100 ppm lead content limit beginning 14 August 2011 as statutorily mandated by the CPSIA, unless otherwise excluded under Title 16, Code of Federal Regulations Sections 1500.87 through 1500.91 (16 CFR 1500.87 through 1500.91). With respect to youth motorized recreational vehicles and bicycles and related products, a stay of enforcement regarding the lead content in certain parts, including metal components, is currently in force until 31 December 2011.

4.Separately, the trade is reminded that the CPSC has earlier announced the extension of the stay of enforcement of the third-party testing and certification requirements pertaining to the total lead content in children's products (except for metal components of children's metal jewelry) until 31 December 2011. Please refer to Commercial Information Circular No. 101/2011 dated 9 February 2011 regarding details on the stay of enforcement.

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