Letter to the Secretary of State, Condoleezza Rice

Letter

Schumer To Secretary Rice: State Dept. Must Push China To Allow U.S. Inspectors Inside Its Toy Factories

Citing the urgent need to clamp down on the flow of hazardous products into the United States from China, Senator Charles E. Schumer today urged the State Department to pressure China to allow U.S. inspectors inside Chinese manufacturing facilities that produce U.S.-bound toys. In a letter to Secretary of State Condoleeza Rice, Schumer expressed "grave concern" about the Chinese government's inadequate response to the problem, which resurfaced this week when over 9 million Mattel toys exported from China were pulled from store shelves across the country.

On Wednesday, Chinese government officials sought to ease U.S. consumer concerns with promises of reformed product safety measures, but Schumer called China's proposed spot checks and product labeling system insufficient. The Senator urged Rice to demand Chinese cooperation with a plan to open its factories for point-of-origin inspections by U.S. regulators, similar to checks already performed by the Food and Drug Administration (FDA) on food and medicinal items.

"Performing serious inspections isn't child's play. It requires tracing this problem to its source," Schumer said. "Parents should be able to buy toys for their kids without having to scrutinize labels and worry that their children will be put in harms way during playtime. We need more people on the ground in countries like China to inspect the factories where toys are made and ensure that they are not producing products dangerous to children."

This week's recall of over 9 million toys targets items containing rare-earth magnets. These extremely strong magnets—used in toys such as Mattel's Polly Pocket dolls and Mega Brand's Magnetix—are 20 times more powerful than a typical refrigerator magnet. If multiple magets are ingested, they can cause serious damage by attracting to one another through the intestinal walls, which can cause blockages and rip soft tissue. The Consumer Product Safety Commission (CPSC) has received complaints regarding toys that use rare-earth magnets since 2000, documenting over 100 ingestions and one fatality.

China already allows the FDA to inspect Chinese manufacturing facilities that produce food and medicinal items destined for the U.S. However, there is no official, U.S. government in-country inspection of the many consumer goods that are manufactured in China and imported to the U.S.

In June, 1.5 million "Thomas the Tank Engine" trains were recalled due to the use of lead paint. Since January, the Consumer Product Safety Commission (CPSC) has issued 26 product recalls—over 8 million individual items—due to lead paint hazards. 89% of those items were manufactured in China. More than 15 million toys have been recalled in the U.S. since 2006 due to their use of rare-earth magnets.

On Wednesday, Schumer announced plans to introduce legislation creating an import czar. The position would be installed as part of the Department of Commerce, and would be charged with coordinating the efforts of the various regulatory agencies charged with consumer safety related to imports.

The text of Schumer's letter to Rice is reproduced below.

August 16, 2007

The Honorable Condoleezza Rice

Secretary of State

U.S. Department of State

2201 C Street NW

Washington, DC 20520

Dear Secretary Rice,

I am writing to express my grave concern about the flood of tainted Chinese imports and the Chinese government's insufficient and ineffectual response to this situation. The State Department, under your leadership, should pressure the Chinese government to open its toy manufacturing facilities to United States inspection teams in order to identify the sources of these problems and ensure that products intended for our children conform to the United States' high product safety standards.

Almost every week, we read about another tainted product being recalled that originated in the People's Republic of China. Whether it is fish, tires, toothpaste, or children's toys, we must be vigilant in safeguarding our nation's health and welfare. At a press conference yesterday, the Chinese government - while acknowledging the existence of a problem - yet again proposed a very feeble solution. Random checks and stickers on products will not solve this serious and urgent problem. I believe we should work with the Chinese government to allow U.S. inspectors into Chinese manufacturing facilities while respecting China's sovereignty and WTO rules.

Today, Food and Drug Administration inspectors are allowed to inspect foreign manufacturing facilities. While flaws exist with this process, I envision the precedent of working with the Chinese government is there to allow for additional inspections of toy manufacturing plants. Additionally, the Memorandum of Understanding with China signed in 2004, along with the 2005 Plan of Action, should provide support for a U.S. request to inspect factories that produce products for our children.

I know you share my commitment to protecting American consumers. I appreciate your prompt attention to this vitally important issue.

Sincerely,

Charles E. Schumer
United States Senator

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