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. 576/2008

US : Final Rule on Standard for All Terrain Vehicles

The US Consumer Product Safety Commission (CPSC) published in the Federal Register (FR) notice of 14 November 2008 a final rule setting forth numerous requirements for all terrain vehicles (ATVs). The requirements for four-wheel ATVs in Section 1420.3 of Title 16, Code of Federal Regulations take effect on 13 April 2009, and apply to new assembled or unassembled ATVs manufactured or imported on or after that date. The restrictions on three-wheel ATVs stated in Section 1420.4 of Title 16, Code of Federal Regulations take effect 13 September 2008. A copy (pdf format) of the FR notice is appended to this circular for reference. 

DETAILS

2. Section 232 of the Consumer Product Safety Improvement Act of 2008 (CPSIA) adds a new Section 42 to the Consumer Product Safety Act (CPSA) that sets forth numerous requirements for ATVs. Among other things, the CPSIA requires the CPSC to establish the American National Standard for Four Wheel All-Terrain Vehicles Equipment Configuration, and Performance Requirements developed by the Specialty Vehicle Institute of America (American National Standard ANSI/SVIA 1 - 2007) as a mandatory consumer product safety standard. The ANSI/SVIA standard specifies requirements concerning the vehicle's equipment and configuration (including requirements for owner's/operator's manuals, labels and hang tags), maximum speed capability, speed capability of youth ATVs, service and parking brakes, pitch stability, electromagnetic compatibility, and sound level limits. Other requirements of the final rule are summarised below:

1. Requirements for four-wheel ATVs - each ATV (i) shall comply with all applicable provisions of the American National Standard for Four Wheel All-Terrain Vehicles (American National Standards Institute, Inc. ANSI/SVIA 1 - 2007), approved 23 July 2007; and (ii) must be subject to an ATV action plan filed with the CPSC before 14 August 2008 or subsequently filed with and approved by the CPSC, and shall bear a label certifying such compliance and identifying the manufacturer, importer or private labeller and the ATV action plan to which it is subject. The ATV manufacturer or distributor shall be in compliance with all provisions of the applicable ATV action plan.
    
2. Restrictions on three-wheel ATVs - until a mandatory consumer product safety standard applicable to three-wheel ATVs promulgated pursuant to the CPSA is in effect, new three-wheel ATVs may not be imported into or distributed in commerce in the US.

3. Traders are strongly advised to seek clarifications with their importers in the US in order to comply with the necessary requirements.

ENQUIRIES

4. 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