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

Commercial Information Circulars

24-hour hotline : 23 922 922

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

Ref : EIC 111/2/21

2 February 2011

Dear Sirs,

Commercial Information Circular No. 88/2011

US : CPSC to further Extend the Stay of Enforcement of Testing and Certification pertaining to Youth All-Terrain Vehicles

The US Consumer Product Safety Commission (CPSC) published in the Federal Register (FR) of 1 February 2011 a notice to announce its decision to further extend the stay of enforcement of the testing pertaining to youth all terrain vehicles (ATVs) by third party conformity assessment bodies, subject to conditions as set out in the FR notice, until 27 November 2011. The FR notice is available at: http://edocket.access.gpo.gov/2011/pdf/2011-2166.pdf.

DETAILS

2. Traders have been informed via Commercial Information Circular (CIC) No. 390/2010 that the CPSC issued in the FR of 27 August 2010 a notice of requirements that provided the criteria and process for CPSC's acceptance of accreditation of third party conformity assessment bodies for testing of youth ATVs. The notice also stated that, for youth ATVs manufactured after 26 November 2010, the manufacturer (including the importer) or private labeller must issue a certificate of compliance with the applicable CPSC regulations based on testing preformed by a third party conformity assessment body accredited to do so. Traders have also been informed via CIC No. 571/2010 of 10 December 2010 that the CPSC decided to extend the date for implementation of the testing and certification requirements by 60 days, i.e. to 25 January 2011, due to insufficient number of third party conformity assessment bodies accredited by the CPSC for testing youth ATVs.

3. Due to the same reason, the CPSC decides to further extend the stay of enforcement of the testing and certification requirements pertaining to youth ATVs until 27 November 2011 upon the following conditions.

An ATV company that manufactures or distributes a youth model ATV and has an approved action plan must:

  1. submit to the CPSC a General Certificate of Conformity (GCC) to the CPSC demonstrating compliance with 16 CFR part 1420 Requirements for All Terrain Vehicles.

  2. submit any test reports supporting the company's GCCs to the CPSC, if requested.

  3. provide a quarterly report on 1 April 2011, and again on 1 July 2011 and 1 October 2011, with responses to the questions as set out in the FR notice.

    Please refer to the FR notice for details of the above-mentioned conditions.

In the meantime, the CPSC staff will begin to conduct compliance testing of youth ATVs. If there is evidence of non-compliance with the requirements of the mandatory standard by the manufacturers that have action plans approved by the CPSC, the CPSC will take appropriate enforcement actions.

ENQUIRIES

4. 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