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

Commercial Information Circulars

24-hour hotline : 23 922 922

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

Ref : EIC 111/2/21

18 November 2008

Dear Sirs,

Commercial Information Circular No. 572/2008

US : Final Rule on Certificates of Compliance

The US Consumer Product Safety Commission (CPSC) announced in the Federal Register (FR) notice of 18 November 2008 its final rule on certificates of compliance designating the importer as the sole entity that must issue the certificate in the case of an imported product. The Final rule is immediately effective on 18 November 2008. A copy (pdf format) of the FR notice is appended to this circular for reference.  

DETAILS

  1. The trade was informed via Commercial Information Circular No. 515/2008 about the general conformity certification requirements in the US which would go into effect on 12 November 2008. Section 14(a) of the Consumer Product Safety Act (CPSA), as amended by Section 102(a) of the Consumer Product Safety Improvement Act of 2008 (CPSIA) requires that, for products manufactured on or after 12 November 2008, manufacturers (including importers) and private labellers of the products certify that the products comply with all applicable CPSA consumer product safety rules and similar rules, bans, standards and regulations under any other laws administered by the CPSC by issuing a certificate that accompanies the product and can be furnished to certain parties.
     
  2. In the FR notice, the CPSC states that it has received thousands of inquiries for clarification related to the general conformity certification requirements. The CPSC concludes that at least in the initial implementation phase, the certification requirements must be streamlined to minimise confusion in the regulated community. Accordingly, the CPSC issues this final rule designating the importer as the sole entity that must issue the certificate in the case of an imported product. This certificate must be available to the CPSC no later than the time when the product or shipment is available for inspection in the US. The CPSC is also designating the domestic manufacturer as the sole entity that must issue the certificate in the case of a domestically produced product. This certificate must be available to the CPSC upon request before the product or shipment is introduced into domestic commerce. Other main parts of the final rule include the following:
  1. Acceptable certificates - a certificate that is in hard copy or electronic form and complies with all applicable requirements of Title 16, Code of Federal Regulations, Part 1110 meets the certificate requirements of Section 14 of the CPSA.
     
  2. Form and content of certificate - the information on a hard copy or electronic certificate must be provided in English and may be provided in any other language. A certificate must contain the following information:
  1. Identification of the product covered by the certificate.
     
  2. Citation to each CPSC product safety regulation or statutory requirement to which the product is being certified. Specifically, the certificate shall identify separately each applicable consumer product safety rule under the CPSA and any similar rule, ban, standard or regulation under any other Act enforced by the CPSC that is applicable to the product. 
     
  3. Identification of the importer or domestic manufacturer certifying compliance of the product, including the importer or domestic manufacturer's name, full mailing address, and telephone number.
     
  4. Contact information for the individual maintaining records of test results, including the custodian's name, email address, full mailing address, and telephone number. (CPSC suggests that each issuer maintain test records supporting the certification for at least three years as is currently required by certain consumer product specific CPSC standards.)
     
  5. Date (month and year at a minimum) and place (including city and state, country, or administrative region) where the product was manufactured. If the same manufacturer operates more than one location in the same city, the street address of the factory in question should be provided.
     
  6. Date and place (including city and state, country or administrative region) where the product was tested for compliance with the regulation(s) cited above in (ii).
     
  7. Identification of any third party laboratory on whose testing the certificate depends, including name, full mailing address and telephone number of the laboratory.
  1. Availability of electronic certificate - Section 14(g)(3) of the CPSA requires that the certificates required by Section 14(a) of the CPSA "accompany" each product or product shipment and be "furnished" to each distributor and retailer of the product in question. An electronic certificate satisfies the "accompany" requirement if the certificate is identified by a unique identifier and can be accessed via a World Wide Web URL or other electronic means, provided the URL or other electronic means and the unique identifiers are created in advance and are available, along with access to the electronic certificate itself, to the CPSC or to the Customs authorities as soon as the product or shipment itself is available for inspection. An electronic certificate satisfies the "furnish" requirement if the distributor(s) and retailer(s) of the product are provided a reasonable means to access the certificate. An electronic certificate shall have a means to verify the date of its creation or last modification.
  1. Traders are strongly advised to seek clarifications with their importers in the US in order to comply with the necessary requirements.

ENQUIRIES

  1. For enquiries concerning the content of this circular, please contact the undersigned at 2398 5682.

Yours faithfully,




(Miss Bonny CHAO)

for Director-General of Trade and Industry