Yes - A code does qualify as ascertainable since you can provide all required information.

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1 General Q. 1 Does packaging need to reference CPSIA compliance? No compliance claims are required. Q. 2 Can you give an example of a tracking label for a US-made product from a home-based company? The labeling format is the same as imported products. Q. 3 Please clarify ascertainable: Since a code is used to represent other information, is using a code ascertainable to a consumer? If the consumer or retailer is able to contact me (importer) and I can provide city of manufacture, etc. does that qualify as ascertainable? Yes - A code does qualify as ascertainable since you can provide all required information. Q. 4 Returns to a catalog company, which are still first quality, will be returned to stock. If these items lose their original packaging with the tracking label, does this label need to be replaced on this item? Q. 5 Considering BV's involvement with major retailer testing programs, is there an approach to streamline and define acceptable/common formats? Further information and guidance will be provided by the CPSC. Q. 6 We purchase hats, flowers, etc (from other countries) and then assemble these components together (in the US) to make a final hair accessory. What country goes on the tracking label? The country where the item is assembled (USA in this case) should go on the tracking label. Q. 7 A product is assembled using components from different production dates, perhaps production dates from a prior year. What would be the appropriate date of production? The date the item is assembled is appropriate. The manufacturer needs to maintain traceability of the component parts used in the construction. Q. 8 We understand that the CPSC has recommended a date range for items that will be completed over a period of time. Do you have any guidance on the period of time for using a date range versus using a single date? For example, what if our production period is only a few days? A week or two? A month? If we use a single date, should it be the earliest or last date of the production period? Further information and guidance will be provided by the CPSC. 1

2 Q. 9 An assembled product (such as a construction toy, building bricks, etc.) has no definable major component. How do I date the product? One of the parts will need the labeling within the set. Q. 10 If a product is manufactured in one factory, but decorated in another factory, would the product need 2 tracking labels? It would require one label from the final production site. Traceability needs to be maintained to be able to determine the place of additional production. Q. 11 Q. 12 We want to provide only the name of the manufacturer and the city that manufacturer is located on the tracking label. Is this minimum information sufficient? Can we have the consumer contact the manufacturer for the date/batch information? What is the minimum information required? The minimum information that must be present is the name of the manufacturer. All other information (location, date of manufacture, batch, etc) can be coded, and code must be present for the consumer. If a product is direct shipped to an end customer and the product itself has a tracking label, does the shipping carton need to be marked? At this point, there are no exemptions for items being direct shipped to customers. Q. 13 Can tracking label information be on an inside page or lid of a product? Yes, as long as it can be found somewhere on the product. Q. 14 For children's shoes, are permanent markings required on the shoes and the shoe boxes, or only on the shoes? Apparel-Related Permanent markings are required on the box and one of the shoes. Q. 1 Children s sleepwear has FPU and GPU numbers for tracking purposes. Could this label be a substitute for this CPSIA tracking label? If the appropriate required information is already on the samples then an additional label would not be required. Q. 2 Does the RN (registration number) on apparel meet the requirement for identification of manufacturer? No, the manufacturer needs to be listed. A consumer would not be able to ascertain the manufacturer by using the RN number alone. 2

3 Q. 3 For apparel, which of these would be acceptable tracking labels: (a) a sewn-in label? (b) heat-seal label? (c) a hang-tag? Sewn In label Yes; Heat Seal Yes, if permanent; Hang Tag - No Q. 4 If the tracking information is on a care label that is inside the garment and not easily seen by the retailer/consumer at time of purchase, is it necessary to have information on the packaging? Yes, it will be required on the packaging in this situation. Q. 5 Q. 6 If apparel is sold as a 2-piece set, (such as pant/top, or bra/panty) but can be worn separately, are tracking labels required in both pieces? Yes, since the items can be used separately. Do you need a tracking label on a poly bag around a garment (i.e. a temporary protection during shipping meant to be recycled)? If it is not considered packaging or product intended to reach a consumer, then it would not require one. Q. 7 Does the date and location of manufacture need to be on a garment or can a company meet the requirement by having the information available to the consumer by phone or internet? It needs to be present in actual form or coded form on the garment. Q. 8 If I buy a t-shirt (as inventory) then screen print it at a later date, would we need to add a new tracking code for the printed t-shirt? Yes, it would be considered final product after the printing. Tracking Label Content Q. 1 I import a private label product from a foreign manufacturer. Whose name and location information goes on the tracking label the importer or manufacturer? Is there a hierarchy to follow? There is no hierarchy to follow the best practice would be to use the one that is easiest for the consumer to contact. Q. 2 If the importer s name is used, does the factory name also need to be supplied, or at least coded? The factory name can be coded. 3

4 Q. 3 Our company makes product for a large retailer, but the retailer wants only their name shown. Is it required that our company be noted on the label? Can retailers dictate the format or information on the tracking label? If it is a retailer s private label, their name should be used. Q. 4 Our product will use a code for the tracking label, so the consumer will need to contact us to decipher the code. Do we need to provide a telephone number or website address on the product? On the packaging? It is not a requirement. The consumer can use your manufacturer s name and look up the contact information. If you want to include it, that would be fine also. Q. 5 Are date of manufacture, batch number and run number equivalent identifying characteristics? In other words, do we need only one of these? They are typically not the same pieces of information. If they do happen to be, then only one would be required as cohort information. Q. 6 Can a Purchase Order (PO) be used for the date, since we can look up a PO# to see when it was manufactured? If the PO# can trace the date of manufacture, it can be used. Q. 7 Is month and year sufficient for the date? For example: Sept 2009 It is up to the manufacturer to be able to ensure the actual production date. If it can be accomplished by using month/year only, that is the manufacturer s choice. Q. 8 We want to code the manufacturer, location, and cohort information using our own format. For example: identify the manufacturer name by using their initial letters or a numeric code, identify the date and location by code, etc. Is there any information that would NOT be allowed as a code or numbering mark? No limitations on coding have been stated. Keep in mind that the manufacturer s name cannot be coded. Q. 9 Legal lines using the company name are molded on the product. Is this sufficient to identify the company name? If the manufacturer or importer are listed, yes, it would be sufficient. Q. 10 Is a logo acceptable to identify the company? Trademarked logos are acceptable as long as the company name is within the logo and can be identified. Q. 11 We are an importer, but we also use domestic vendors to produce products for our private label clients. Can we be listed as the manufacturer for the domestic products assuming we provide location, private labeler and cohort information accordingly? 4

5 Q. 12 We want to use the name of the city of the manufacturing plant in code instead of spelling it out its entire name on tracking label. Is this acceptable? Q. 13 Items are permanently marked with our name and contact information (website), manufacturing date code and COC. Our items do not include a city of manufacture, but if required we would be able to track back to the city. Is this acceptable? Q. 14 We have products manufactured in China and label China as the country of origin. Is the name of the city and or province required? Yes, city/province are required, but can be coded. Q. 15 We have products manufactured in the US. Is city and state sufficient, or do we need to identify the country as USA? City and State are sufficient if your products are not being imported. Q. 16 We purchase a finished product from a vendor, but we may not know exactly where the components are being produced. Can we use the city of our vendor on the label and rely on them to know the actual city of manufacture for the components? Responsibility lies with the manufacturer to be able to determine all pertinent information. The city where finished product is produced should be listed. Type of Tracking Labels Q. 1 Please clarify how hangtags meet the tracking label requirement: Does a hangtag satisfy the packaging requirement, product requirement, or both? Hangtags are not allowed to be used. See the CPSC website FAQ section. Q. 2 Can permanent adhesive labels be used as tracking labels? Yes, provided that the label is permanent. Q. 3 Are sewn-in tracking labels considered permanent and acceptable for products such as umbrellas? Inventory Q. 1 A product is manufactured in July 2009 but will not ship or be distributed until after August 14, Does this item need a tracking label? No, it is applicable to items manufactured on or after August 14,

6 Tracking Label Exemptions Q. 1 Do you have any guidance on how to assess whether a marking ruins the aesthetics? Any labeling subjectively ruins the aesthetics. If the labeling alters the appearance of the sample. A label on the underside of a board game would not ruin the aesthetics but a label on the front of a book would. Q. 2 We sell a display with rings to a retailer. The rings are too small to label individually. Is a label on the display packaging acceptable, or does each ring need its own label, such as a hangtag, etc? The display should have the required information since the rings are too small. Q. 3 Do you have guidance on how to assess when a product is too small to be marked? For example, lapel pins or small items individually wrapped in plastic wrap. One of the major retailers has defined this as a labeling surface area less than 1" x 1" or 2" x 0.75." Do you agree with this size? There have been no dimension guidelines stated by the CPSC at this time. Q. 4 If the item is too small to be marked, am I required to put this information on the package, even if the package is going to be discarded? Yes, the package must be labeled. Q. 5 When products are sold as a set and cannot be used separately, we understand only one item needs to be permanently marked. A drinkware set contains a tumbler, lid and straw. Is marking the tumbler only acceptable? Yes, because the lid and straw would not be functional without the tumbler. Q. 6 A toy product has a disposable component (filled with candy). Does a tracking label need to be on the toy only, or also on the disposable component? The tracking label for the toy should be able to trace the information for the disposable component. Q. 7 A game of playing cards comes with a re-closable box. Can I mark the box only? Would this also apply to trading cards with a re-closable box? Yes, in both cases. Q. 8 A jigsaw puzzle consists of many small pieces. Can I mark the box only, or must I choose one of the tiny pieces to date code? The box only can be marked since it is intended to remain with the sample. Q. 9 A main product includes several accessories. Do all accessories need to be labeled? No, just the main larger section of the product. 6

7 Examples Example 1 Information without codes Importer or manufacturer ABC Importers Dongguan China October 2009 Batch xxxx Location Date of production Cohort information Example 2 Coded information Importer or manufacturer Must be spelled out Date of production Possible Options: Numeric code Alpha Code Alphanumeric Code Cohort information Possible Options: Numeric code Alpha Code Alphanumeric Code ABC Imports - dddd - cccc - DCh Location City & Country Possible Options: Numeric code Initials For more information, please contact: ToyJPTechnicalServicesAmericas@us.bureauveritas.com, Inc. ( BVCPS ) provides the information in these frequently asked questions as is. In no event will BVCPS be liable for any loss in profits, business, use or data or for indirect, special, incidental, consequential or other damages of any kind in connection with these frequently asked questions. These frequently asked questions are a resource of general information and do not constitute the legal or other professional advice of BVCPS. Readers of these frequently asked questions should seek legal counsel regarding statutory or regulatory requirements discussed in these frequently asked questions. BVCPS DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, IN CONNECTION WITH THESE FREQUENTLY ASKED QUESTIONS. Copyright 2009, Inc. All Rights Reserved. 7