OFFICE OF COMPLIANCE
Assistant Executive Director
Tel: 301-504-7912
Fax: 301-504-0008

December 9, 1996

Dear Manufacturer/Importer/Retailer:

This letter addresses two issues that have recently emanated after publication in the Federal Register of the September 9, 1996 (text version) (pdf version) Children's Sleepwear Amendments: (1) Status of Children's Loungewear and (2) The method of measuring the Upper Arm Circumference.

Status of Loungewear

The children's sleepwear standards were developed to prevent children's sleepwear from igniting due to exposure to ignition sources such as matches/lighters, candles, ranges, stoves, space heaters, and fireplaces. Most of the incidents occurred while children were awake and wearing sleepwear or sleep-related items during the evening before bedtime or in the morning around breakfast time.

The Commission's regulations define 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.

The CPSC staff views "loungewear" as garments worn primarily for sleep-related activities. Therefore, "loungewear" must comply with the children's sleepwear standards. The staff intends to take enforcement action against firms that market loungewear items that do not comply with the children's sleepwear standards (16 CFR 1615 and 1616).

The CPSC staff bases this position on the children's sleepwear standards and their background, the literature on the definition and trends regarding loungewear, a review of a number of catalogs to see what types of garments are being marketed as "loungewear," where in stores and catalogs "loungewear" is generally marketed, and discussions the issue with manufacturers and importers of children's sleepwear and underwear.

Measurement of Upper Arm

The final sleepwear amendments published in the Federal Register of September 9, 1996 describe the method to measure the

upper arm as: measure at a line perpendicular to the sleeve extending from the outer edge of the sleeve to the arm pit. In examining this issue, the Commission staff agrees that constructing a garment to meet this measurement as described in the final standard will generally require the armhole to be too small and therefore, be uncomfortable to the wearer.

Therefore, effective immediately, the staff will exercise its enforcement discretion by measuring the upper arm measurement at a point between the shoulder and the elbow. The following figure shows how to determine the shoulder location. Measure by extending a line from side seam (A to B) to shoulder (C) of garment. Measure from this point down the center fold of the sleeve (C to D) the distance specified in the chart below for the appropriate garment size. At this point the sleeve will be measured (perpendicular to the fold - D to E) and the measurement multiplied by 2 to determine the upper arm circumference measurement. This measurement must be less than or equal to the maximum upper arm circumference dimensions published in the final amendments in order to be considered tight-fitting at that point. These measurements were derived from the arm length measurements in the ASTM standards D4910-95a and D5826-95 and the 1977 Anthropometric Study of U.S. Infants and Children conducted by the University of Michigan. The staff plans to modify the standard in the near future to incorporate this change.

You may immediately make garments based on this method of measurement.

Please contact Patricia Fairall at 301-504-7517 or Marilyn Borsari at 301-504-7619 , if you have any questions.

Sincerely,

David Schmeltzer