Federal Register / Vol. 74, No. 147 / Monday, August 3, 2009 / Notices 38415 

for sale, distributed in commerce, or 

imported into the United States, or caused 

one or more of such acts, with respect to the 

aforesaid banned hazardous Baskets, Eggs 

and Tops, in violation of section 19(a)(1) of 

the CPSA, 15 U.S.C. 2068(a)(1). Hobby Lobby 

committed these prohibited acts 

‘‘knowingly,’’ as that term is defined in 

section 20(d) of the CPSA, 15 U.S.C. 2069(d). 

15. Pursuant to section 20 of the CPSA, 15 

U.S.C. 2069, Hobby Lobby is subject to civil 

penalties for the aforementioned violations. 

Hobby Lobby’s Responsive Allegations 

16. Hobby Lobby denies the Staff’s 

allegations set forth above that Hobby Lobby 

knowingly violated the CPSA or that it failed 

to take adequate action to ensure that none 

of the products contained lead containing 

paint. 

Agreement of the Parties 

17. Under the CPSA, the Commission has 

jurisdiction over this matter and over Hobby 

Lobby. 

18. The parties enter into the Agreement 

for settlement purposes only. The Agreement 

does not constitute an admission by Hobby 

Lobby, or a determination by the 

Commission, that Hobby Lobby has 

knowingly violated the CPSA. 

19. In settlement of the Staff’s allegations, 

Hobby Lobby shall pay a civil penalty in the 

amount of fifty thousand dollars ($50,000.00) 

within twenty (20) calendar days of service 

of the Commission’s final Order accepting 

the Agreement. This payment shall be made 

by check payable to the order of the United 

States Treasury. 

20. Upon the Commission’s provisional 

acceptance of the Agreement, the Agreement 

shall be placed in the public record and 

published in the Federal Register in 

accordance with the procedures set forth in 

16 CFR 1118.20(e). In accordance with 16 

CFR 1118.20(f), if the Commission does not 

receive any written request not to accept the 

Agreement within fifteen (15) days, the 

Agreement shall be deemed finally accepted 

on the sixteenth (16th) day after the date it 

is published in the Federal Register. 

21. Upon the Commission’s final 

acceptance of the Agreement and issuance of 

the final Order, Hobby Lobby knowingly, 

voluntarily, and completely waives any 

rights it may have in this matter to the 

following: (1) An administrative or judicial 

hearing; (2) judicial review or other challenge 

or contest of the validity of the Commission’s 

Order or actions; (3) a determination by the 

Commission of whether Hobby Lobby failed 

to comply with the CPSA and its underlying 

regulations; (4) a statement of findings of fact 

and conclusions of law; and (5) any claims 

under the Equal Access to Justice Act. 

22. The Commission may publicize the 

terms of the Agreement and Order. 

23. The Agreement and Order shall apply 

to, and be binding upon, Hobby Lobby and 

each of its successors and assigns. 

24. The Commission issues the Order 

under the provisions of the CPSA, and 

violation of the Order may subject Hobby 

Lobby and those designated in paragraph 23 

above to appropriate legal action. 

25. The Agreement may be used in 

interpreting the Order. Understandings, 

agreements, representations, or 

interpretations apart from those contained in 

the Agreement and Order may not be used to 

vary or contradict its terms. The Agreement 

shall not be waived, amended, modified, or 

otherwise altered, except in a writing that is 

executed by the party against whom such 

waiver, amendment, modification, or 

alteration is sought to be enforced. 

26. If any provision of the Agreement and 

Order is held to be illegal, invalid, or 

unenforceable under present or future laws 

effective during the terms of the Agreement 

and Order, such provision shall be fully 

severable. The balance of the Agreement and 

Order shall remain in full force and effect, 

unless the Commission and Hobby Lobby 

agree that severing the provision materially 

affects the purpose of the Agreement and 

Order. 

Dated: March 3, 2009. 

Steve Green, 

President, Hobby Lobby Stores, Inc., 7707 

SW. 44th Street, Oklahoma City, OK 73179. 

Dated: March 3, 2009. 

Peter M. Dobelbower, 

Vice President & General Counsel, Hobby 

Lobby Stores, Inc. U.S. Consumer Product 

Safety Commission Staff. 

Cheryl A. Falvey, 

General Counsel, Office of the General 

Counsel. 

Ronald G. Yelenik, 

Assistant General Counsel, Office of the 

General Counsel. 

Dated: March 6, 2009. 

M. Reza Malihi, 

Trial Attorney, Division of Compliance, 

Office of the General Counsel. 

Order 

Upon consideration of the Settlement 

Agreement entered into between Hobby 

Lobby Stores, Inc. (‘‘Hobby Lobby’’) and the 

U.S. Consumer Product Safety Commission 

(‘‘Commission’’) staff, and the Commission 

having jurisdiction over the subject matter 

and over Hobby Lobby, and it appearing that 

the Settlement Agreement and Order are in 

the public interest, it is 

ORDERED, that the Settlement Agreement 

be, and hereby is, accepted; and it is 

FURTHER ORDERED, that Hobby Lobby 

shall pay a civil penalty in the amount of 

fifty thousand dollars ($50,000.00) within 

twenty (20) calendar days of service of the 

Commission’s final Order accepting the 

Agreement. The payment shall be made by 

check payable to the order of the United 

States Treasury. Upon the failure of Hobby 

Lobby to make any of the foregoing payments 

when due, interest on the unpaid amount 

shall accrue and be paid by Hobby Lobby at 

the Federal legal rate of interest set forth at 

28 U.S.C. 1961(a) and (b). 

Provisionally accepted and provisional 

Order issued on the 8th day of July, 2009. 

By Order of the Commission. 

Todd A. Stevenson, 

Secretary, U.S. Consumer Product Safety 

Commission. 

[FR Doc. E9–18516 Filed 7–31–09; 8:45 am] 

BILLING CODE 6355–01–P 

CONSUMER PRODUCT SAFETY 

COMMISSION 

[CPSC Docket No. 09–C0029] 

Dollar General Corporation, 

Provisional Acceptance of a 

Settlement Agreement and Order 

AGENCY: Consumer Product Safety 

Commission. 

ACTION: Notice. 

SUMMARY: It is the policy of the 

Commission to publish settlements 

which it provisionally accepts under the 

Consumer Product Safety Act in the 

Federal Register in accordance with the 

terms of 16 CFR 1118.20(e). Published 

below is a provisionally-accepted 

Settlement Agreement with Dollar 

General Corporation, containing a civil 

penalty of $100,000.00. 

DATES: Any interested person may ask 

the Commission not to accept this 

agreement or otherwise comment on its 

contents by filing a written request with 

the Office of the Secretary by August 18, 

2009. 

ADDRESSES: Persons wishing to 

comment on this Settlement Agreement 

should send written comments to the 

Comment 09–C0029, Office of the 

Secretary, Consumer Product Safety 

Commission, 4330 East West Highway, 

Room 502, Bethesda, Maryland 20814– 

4408. 

FOR FURTHER INFORMATION CONTACT: Neal 

S. Cohen, Trial Attorney, Division of 

Compliance, Office of the General 

Counsel, Consumer Product Safety 

Commission, 4330 East West Highway, 

Bethesda, Maryland 20814–4408; 

telephone (301) 504–7504 or M. Reza 

Malihi, Trial Attorney, (same address); 

telephone (301) 504–7733. 

SUPPLEMENTARY INFORMATION: The text of 

the Agreement and Order appears 

below. 

Dated: July 28, 2009. 

Todd A. Stevenson, 

Secretary. 

In the Matter of Dollar General Corporation; 

Settlement Agreement 

1. In accordance with 16 CFR 1118.20, 

Dollar General Corporation (‘‘DGC’’), for itself 

and on behalf of its wholly owned 

subsidiaries referenced in paragraph three 

(collectively referred to as ‘‘Dollar General’’), 

and the staff (‘‘Staff’’) of the United States 

Consumer Product Safety Commission 

(‘‘CPSC’’ or the ‘‘Commission’’) enter into 

this Settlement Agreement (‘‘Agreement’’). 

The Agreement and the incorporated 

attached Order (‘‘Order’’) settle the Staff’s 

allegations set forth below. 

Parties 

2. The Commission is an independent 

federal regulatory agency established 


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pursuant to, and responsible for the 

enforcement of, the Consumer Product Safety 

Act, 15 U.S.C. 2051–2089 (‘‘CPSA’’). 

3. DGC is a corporation organized and 

existing under the laws of Tennessee, with its 

principal offices located in Goodlettsville, 

Tennessee. At all times relevant hereto, the 

following wholly owned subsidiaries of DGC 

had principal offices located in 

Goodlettsville, Tennessee. Dollar General 

Merchandising, Inc. (‘‘DGMI’’), a corporation, 

and DG Retail, LLC, a limited liability 

company, were entities organized and 

existing under the laws of Tennessee. 

Dolgencorp, Inc. (‘‘Dolgencorp,’’) Dolgencorp 

of Texas, Inc., and Dolgencorp of New York, 

Inc. were corporations, and Dollar General 

Partners was a partnership, organized and 

existing under the laws of Kentucky. (DG 

Retail LLC, Dolgencorp, Dolgencorp of Texas, 

Inc., Dolgencorp of New York, Inc., and 

Dollar General Partners, are collectively 

referred to as the ‘‘Retail Subsidiaries.’’) At 

all times relevant hereto, Dollar General 

imported and/or sold toys and other 

children’s products, among other general 

merchandise. 

Staff Allegations 

4. During September 2007, DGMI imported 

into the United States about 63,000 units of 

green, plastic Frankenstein head-shaped 

Tumblers (‘‘Tumbler(s)’’). The Tumblers 

were, in turn, offered for sale or sold to 

consumers at retail stores nationwide owned 

or operated by DGC or one of its Retail 

Subsidiaries in September 2007 for about $1 

per unit. 

5. Between April 2007 and July 2007, 

DGMI imported about 380,000 Pull-Back 

Action Toy Cars, comprising two styles that 

included a four pack of ‘‘Super Wheels’’ 

(UPC #400016576344) and a two pack of 

‘‘Super Racer’’ cars (UPC #883788965002) 

(‘‘Toy Car(s)’’). The Toy Cars were, in turn, 

offered for sale or sold to consumers at retail 

stores nationwide owned or operated by DGC 

or one of its Retail Subsidiaries from April 

2007 through October 2007 for about $1 per 

pack. 

6. Between March 2005 and October 2007, 

Dolgencorp imported about 51,000 Children’s 

Sunglasses, yellow in color, with the word 

‘‘CHINA’’ printed on the left side of the 

frame, and the UPC #400007860896 and 

words ‘‘Fashion Sunglasses’’ and ‘‘Time to 

Play Every Day’’ printed on the product’s red 

hangtag (‘‘Sunglasses’’). The Sunglasses 

were, in turn, offered for sale or sold to 

consumers at retail stores nationwide owned 

or operated by DGC or one of its Retail 

Subsidiaries from March 2005 through 

October 2007 for about $1 per unit. 

7. The Tumblers, Toy Cars and Sunglasses 

are ‘‘consumer product(s),’’ and, at all times 

relevant hereto, Dollar General was a 

‘‘manufacturer’’ and/or a ‘‘retailer’’ of those 

consumer product(s), which were 

‘‘distributed in commerce,’’ as those terms 

are defined in CPSA sections 3(a)(3), (5), (8), 

(11), and (13), 15 U.S.C. 2052(a)(3), (5), (8), 

(11), and (13). 

8. The Tumblers, Toy Cars and Sunglasses 

are articles intended to be entrusted to or for 

use by children, and, therefore, are subject to 

the requirements of the Commission’s Ban of 

Lead-Containing Paint and Certain Consumer 

Products Bearing Lead-Containing Paint, 16 

CFR Part 1303 (the ‘‘Ban’’). Under the Ban, 

toys and other children’s articles must not 

bear ‘‘lead-containing paint,’’ defined as 

paint or other surface coating materials 

whose lead content is more than 0.06 percent 

of the weight of the total nonvolatile content 

of the paint or the weight of the dried paint 

film. 16 CFR 1303.2(b)(1) 

9. On September 28, 2007, the Staff 

obtained from the University of Ashland’s 

Department of Chemistry laboratory results 

relating to, in pertinent part, testing for the 

presence of lead in surface paints on samples 

of the Tumblers collected from a DGC retail 

store in Ashland, Ohio. The University’s test 

results demonstrated that paint from the 

center of the eye on certain Tumbler samples 

contained a total lead content in excess of the 

permissible 0.06 percent limit set forth in the 

Ban. 

10. On October 12, 2007, Dollar General 

reported to CPSC that it had commissioned 

an independent laboratory to conduct 

validation testing for the presence of lead in 

surface coatings on a sample of the 

Sunglasses. As expressed in a test report of 

the same date, the test results demonstrated 

that the yellow surface coating and gold 

surface coating (printing on sample) 

contained a total lead content in excess of the 

permissible 0.06 percent limit set forth in the 

Ban. 

11. On November 6, 2007, Dollar General 

reported to CPSC that it had commissioned 

an independent laboratory to conduct testing 

for the presence of lead in surface coatings 

on multiple samples of the Toy Cars. As 

expressed in two test reports dated November 

5, 2007, the test results demonstrated that 

samples of the ‘‘4-pack’’ and ‘‘2-pack’’ Toy 

Cars contained a total lead content in excess 

of the permissible 0.06 percent limit set forth 

in the Ban. 

12. On October 4, 2007, the Commission 

and DGMI announced a consumer-level 

recall of about 63,000 units of the Tumblers 

because ‘‘Surface paint on the center of the 

eyes of some of the cups can contain high 

levels of lead, violating the federal lead paint 

standard.’’ On November 7, 2007, the 

Commission and DGMI announced a recall of 

about 380,000 units of the Toy Cars because 

‘‘Surface paint on the cars contains excessive 

levels of lead, violating the federal lead paint 

standard.’’ On the next day, November 8, 

2007, the Commission and Dolgencorp 

likewise announced a recall of about 51,000 

units of the Sunglasses because ‘‘The yellow 

surface paint on the sunglasses may contain 

excessive levels of lead, violating the federal 

lead paint standard.’’ 

13. Although Dollar General reported no 

incidents or injuries associated with the 

Tumblers, Sunglasses and Toy Cars, it failed 

to take adequate action to ensure that none 

would bear or contain lead-containing paint, 

thereby creating a risk of lead poisoning and 

adverse health effects to children. 

14. The Tumblers, Sunglasses and Toy Cars 

constitute ‘‘banned hazardous products’’ 

under CPSA section 8 and the Ban, 15 U.S.C. 

2057 and 16 CFR 1303.1(a)(1), 1303.4(b), in 

that they bear or contain paint or other 

surface coating materials whose lead content 

exceeds the permissible limit of 0.06 percent 

of the weight of the total nonvolatile content 

of the paint or the weight of the dried paint 

film. 

15. Between March 2005 and October 2007, 

Dollar General sold, manufactured for sale, 

offered for sale, distributed in commerce, or 

imported into the United States, or caused 

one or more of such acts, with respect to the 

aforesaid banned hazardous Tumblers, 

Sunglasses and Toy Cars, in violation of 

section 19(a)(1) of the CPSA, 15 U.S.C. 

2068(a)(1). Dollar General committed these 

prohibited acts ‘‘knowingly,’’ as that term is 

defined in section 20(d) of the CPSA, 15 

U.S.C. 2069(d). 

16. Pursuant to section 20 of the CPSA, 15 

U.S.C. 2069, Dollar General is subject to civil 

penalties for the aforementioned violations. 

Dollar General’s Responsive Allegations 

17. Dollar General denies that it knowingly 

violated the CPSA. 

18. Dollar General states that the vendors 

of the Tumblers, Sunglasses and Toy Cars 

each represented and warranted to Dollar 

General that the products furnished by the 

applicable vendor complied with all 

applicable laws, regulations and standards. 

Additionally, prior to importing the 

Tumblers, Sunglasses and Toy Cars, Dollar 

General had the products tested by a 

qualified independent third party laboratory 

for all applicable safety standards, including, 

without limitation, lead paint standards. The 

tests indicated that the products were fully 

compliant. 

19. Thus, Dollar General neither knew, nor 

should have known, of any potential 

problems with these products. However, as a 

result of industry changes and in an 

abundance of caution, Dollar General 

voluntarily commenced validation re-testing 

of toys to confirm initial test results. Dollar 

General tested hundreds of samples and, of 

those, discovered that two, the Sunglasses 

and Toy Cars, did not meet applicable 

standards. Dollar General notified the CPSC 

of the results and promptly initiated a 

voluntary recall of the items. 

Agreement of the Parties 

20. Under the CPSA, the Commission has 

jurisdiction over this matter and over Dollar 

General. 

21. The parties enter into the Agreement 

for settlement purposes only. The Agreement 

does not constitute an admission by Dollar 

General, or a determination by the 

Commission, that Dollar General has 

knowingly violated the CPSA. 

22. In settlement of the Staff’s allegations, 

DGC shall pay, on behalf of Dollar General, 

a civil penalty in the amount of one hundred 

thousand dollars ($100,000.00) within twenty 

(20) calendar days of service of the 

Commission’s final Order accepting the 

Agreement. This payment shall be made by 

check payable to the order of the United 

States Treasury. 

23. Upon the Commission’s provisional 

acceptance of the Agreement, the Agreement 

shall be placed on the public record and 

published in the Federal Register in 

accordance with the procedures set forth in 

16 CFR 1118.20(e). In accordance with 16 


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Federal Register / Vol. 74, No. 147 / Monday, August 3, 2009 / Notices 38417 

CFR 1118.20(f), if the Commission does not 

receive any written request not to accept the 

Agreement within fifteen (15) days, the 

Agreement shall be deemed finally accepted 

on the sixteenth (16th) day after the date it 

is published in the Federal Register. 

24. Upon the Commission’s final 

acceptance of the Agreement and issuance of 

the final Order, Dollar General knowingly, 

voluntarily, and completely waives any 

rights it may have in this matter to the 

following: (1) An administrative or judicial 

hearing; (2) judicial review or other challenge 

or contest of the validity of the Commission’s 

Order or actions; (3) a determination by the 

Commission of whether Dollar General failed 

to comply with the CPSA and its underlying 

regulations; (4) a statement of findings of fact 

and conclusions of law; and (5) any claims 

under the Equal Access to Justice Act. 

25. The Commission may publicize the 

terms of the Agreement and Order. 

26. The Agreement and Order shall apply 

to, and be binding upon, Dollar General and 

each of its successors and assigns. 

27. The Commission issues the Order 

under the provisions of the CPSA, and 

violation of the Order may subject those 

referenced in paragraph 26 above to 

appropriate legal action. 

28. The Agreement may be used in 

interpreting the Order. Understandings, 

agreements, representations, or 

interpretations apart from those contained in 

the Agreement and Order may not be used to 

vary or contradict its terms. The Agreement 

shall not be waived, amended, modified, or 

otherwise altered, without written agreement 

thereto executed by the party against whom 

such waiver, amendment, modification, or 

alteration is sought to be enforced. 

29. If any provision of the Agreement and 

Order is held to be illegal, invalid, or 

unenforceable under present or future laws 

effective during the terms of the Agreement 

and Order, such provision shall be fully 

severable. The balance of the Agreement and 

Order shall remain in full force and effect, 

unless the Commission and Dollar General 

agree that severing the provision materially 

affects the purpose of the Agreement and 

Order. 

DOLLAR GENERAL CORPORATION 

Dated: June 24, 2009. 

By: lllllllllllllllllll

Susan S. Lanigan, 

Executive Vice President and General 

Counsel, Dollar General Corporation, 100 

Mission Ridge, Goodlettsville, TN 37072. 

Dated: June 24, 2009. lllllllllll

By: lllllllllllllllllll

Robert R. Stephenson, 

Deputy General Counsel, 

Dollar General Corporation. 

U.S. CONSUMER PRODUCT SAFETY 

COMMISSION STAFF 

Cheryl A. Falvey, 

General Counsel, Office of the General 

Counsel. 

Ronald G. Yelenik, 

Assistant General Counsel, Office of the 

General Counsel. 

Dated: June 25, 2009. lllllllllll

By: lllllllllllllllllll

Neal S. Cohen, 

Trial Attorney, Division of Compliance, 

Office of the General Counsel. 

By: lllllllllllllllllll

M. Reza Malihi, 

Trial Attorney, Division of Compliance, 

Office of the General Counsel. 

In the Matter of Dollar General Corporation; 

Order 

Upon consideration of the Settlement 

Agreement entered into between Dollar 

General Corporation (‘‘DGC’’), for itself and 

on behalf of its wholly owned subsidiaries, 

Dollar General Merchandising, Inc., DG 

Retail, LLC, Dolgencorp, Inc., Dolgencorp of 

Texas, Inc., Dolgencorp of New York, Inc., 

and Dollar General Partners (collectively 

referred to as ‘‘Dollar General’’), and the U.S. 

Consumer Product Safety Commission 

(‘‘Commission’’) staff, and the Commission 

having jurisdiction over the subject matter 

and over Dollar General, and it appearing 

that the Settlement Agreement and Order are 

in the public interest, it is 

Ordered, that the Settlement Agreement be, 

and hereby is, accepted; and it is 

Further ordered, that DGC shall pay, on 

behalf of Dollar General, a civil penalty in the 

amount of one hundred thousand dollars 

($100,000.00) within twenty (20) calendar 

days of service of the Commission’s final 

Order accepting the Agreement. The payment 

shall be made by check payable to the order 

of the United States Treasury. 

Upon the failure of DGC to make any of the 

foregoing payments when due, interest on the 

unpaid amount shall accrue and be paid by 

DGC at the federal legal rate of interest set 

forth at 28 U.S.C. 1961(a) and (b). 

Provisionally accepted and provisional 

Order issued on the 8th day of July 2009. 

BY ORDER OF THE COMMISSION: 

lllllllllllllllllllll

Todd A. Stevenson, 

Secretary, U.S. Consumer Product Safety 

Commission. 

[FR Doc. E9–18508 Filed 7–31–09; 8:45 am] 

BILLING CODE 6355–01–P 

CONSUMER PRODUCT SAFETY 

COMMISSION 

[CPSC Docket No. 09–C0030] 

Haier America Trading, LLC, 

Provisional Acceptance of a 

Settlement Agreement and Order 

AGENCY: Consumer Product Safety 

Commission. 

ACTION: Notice. 

SUMMARY: It is the policy of the 

Commission to publish settlements 

which it provisionally accepts under the 

Consumer Product Safety Act in the 

Federal Register in accordance with the 

terms of 16 CFR 1118.20(e). Published 

below is a provisionally accepted 

Settlement Agreement with Haier 

America Trading, LLC, containing a 

civil penalty of $587,500.00. 

DATES: Any interested person may ask 

the Commission not to accept this 

agreement or otherwise comment on its 

contents by filing a written request with 

the Office of the Secretary by August 18, 

2009. 

ADDRESSES: Persons wishing to 

comment on this Settlement Agreement 

should send written comments to the 

Comment 09–C0030, Office of the 

Secretary, Consumer Product Safety 

Commission, 4330 East West Highway, 

Room 502, Bethesda, Maryland 20814– 

4408. 

FOR FURTHER INFORMATION CONTACT: Seth 

B. Popkin, Lead Trial Attorney, Division 

of Compliance, Office of the General 

Counsel, Consumer Product Safety 

Commission, 4330 East West Highway, 

Bethesda, Maryland 20814–4408; 

telephone (301) 504–7612. 

SUPPLEMENTARY INFORMATION: The text of 

the Agreement and Order appears 

below. 

Dated: July 29, 2009. 

Todd A. Stevenson, 

Secretary. 

United States of America—Consumer 

Product Safety Commission 

In the Matter of Haier America Trading, 

LLC, CPSC Docket No. 09–C0030. 

Settlement Agreement 

1. In accordance with 16 CFR 1118.20, 

Haier America Trading, LLC (‘‘Haier 

America’’) and the staff (‘‘Staff’’) of the 

United States Consumer Product Safety 

Commission (‘‘Commission’’) enter into this 

Settlement Agreement (‘‘Agreement’’). The 

Agreement and the incorporated attached 

Order (‘‘Order’’) settle the Staff’s allegations 

set forth below. 

Parties 

2. The Commission is an independent 

Federal regulatory agency established 

pursuant to, and responsible for the 

enforcement of, the Consumer Product Safety 

Act, 15 U.S.C. 2051–2089 (‘‘CPSA’’). 

3. Haier America is a limited liability 

company organized and existing under the 

laws of New York, with its principal offices 

located in New York, New York. At all times 

relevant hereto, Haier America sold 

appliances. 

Staff Allegations 

4. From on or about January to July 2004, 

Haier America distributed in commerce, 

including through importation and sale to 

retailers, multiple units of the Haier America 

Oscillating Tower Fan model FTM140GG 

(‘‘Fan’’). 

5. The Fans are ‘‘consumer product[s],’’ 

and, at all times relevant hereto, Haier 

America was a ‘‘manufacturer’’ of those 

consumer products, which were ‘‘distributed 

in commerce,’’ as those terms are defined in 

CPSA sections 3(a)(5), (8), and (11), 15 U.S.C. 

2052(a)(5), (8), and (11). 


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