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

9 January 2012

Dear Sirs,

Commercial Information Circular No. 28/2012

US : CPSC's Determination on Children's Loungewear Subject to Children's Sleepwear Standards

The US Consumer Product Safety Commission (CPSC) issued a letter to manufacturers, distributors, importers and retailers on 22 December 2011 to reinstate CSPC's sleepwear policy and position on children's loungewear, and notify the industry of the new obligations under the Consumer Product Safety Improvement Act of 2008 (CPSIA). The letter is available at http://www.cpsc.gov/businfo/sleepwearpolicy.pdf.

DETAILS

2.The CPSC defines the term "children's sleepwear" to include any product of wearing apparel (in sizes 0 - 14), such as nightgowns, pajamas, or similar or related items, such as robes, intended to be worn primarily for sleeping or activities related to sleeping, except: (1) diapers and underwear; (2) "infant garments" sized for a child nine months of age or younger; and (3) "tight-fitting garments" that meet specific maximum dimensions. When determining whether a garment is sleepwear, the CPSC considers several factors and does not only consider the manufacturer's marketing terms or designations. Factors include: (1) the nature of the garment and its suitability for sleeping or activities related to sleeping; (2) the type of fabric, decorative features, and print pattern; (3) how the garment is promoted and distributed; and (4) the likelihood that the garment will be purchased for and used by children primarily for sleeping or activities related to sleeping.

3.The CPSC views children's "loungewear" (or other similar garments marketed as comfort wear) as garments worn primarily for sleep-related activities. Therefore, "loungewear" must comply with the children's sleepwear standards. It is a violation of federal law to manufacture for sale, sell, offer for sale, import, and/or distribute garments that are subject to and fail to meet the children's sleepwear standards. The CPSC intends to take enforcement action against firms that market loungewear items that do not comply with the children's sleepwear standards (16 C.F.R. Parts 1615 and 1616).

4.Under the CPSIA, in addition to the mandatory testing of children's sleepwear (and clothing) to the flammability standards, the manufacturer must issue a children's product certificate (CPC) stating compliance with the applicable requirements, based on testing by a CPSC accepted and accredited third party conformity assessment body. The CPC must accompany the product when it enters commerce and be furnished to the retailer, whether sold on-line or in a traditional brick and mortar store, or distributor (15 U.S.C. §2063(a)(2) and 16 C.F.R. Part 1110). The CPSIA also requires that all children's products, including children's sleepwear, bear tracking labels, meet requirements for lead content and surface coatings (e.g., painted snaps or zipper pulls), and meet requirements for phthalates (sleepwear is considered to be a childcare article).

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,

(Ms Cindy CHENG)
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.