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The validator incorrectly reports "VALID" for the following fragment with grammar=CSS1 explicitly selected. @charset "utf8"; Should report INVALID, surely?
I am a tad ambivalent about this one. On the one hand, you are right, there is no @charset syntax in REC-CSS1. On the other hand the message coming from the CSS working group these days is that REC-CSS1 is obsoleted and that CSS Level 1 is the combination of features from the CSS1 spec with definitions from the CSS21 spec, which I read as "use the grammar, syntax and at-rules from CSS21". As such I don't know if we should be marking @charset as errors in the Level 1 profile. I'm wondering however how the validator is currently treating the @charset syntax for Level 1 though, as the test cases for Bug 5581 are giving odd validation results. I suppose this may just "fix itself" if we actually move forward with the idea of using a single "base" for grammar, syntax and at-rules...
The machinery is there to parse and use @charset, however it makes no sens to report CSS1 validity when a normal CSS1 only parser would choke on it (like for some multi-bytes encodings). As a result, @charset is now sending an error in the case of CSS1 (that needs to be localized)