38406 Federal Register / Vol. 74, No. 147 / Monday, August 3, 2009 / Notices 

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. 

18. Upon the Commission’s final 

acceptance of the Agreement and issuance of 

the final Order, Downeast 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 Downeast 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. 

19. The Commission may publicize the 

terms of the Agreement and Order. 

20. The Agreement and Order shall apply 

to, and be binding upon, Downeast and each 

of its successors and assigns. 

21. The Commission issues the Order 

under the provisions of the CPSA, and 

violation of the Order may subject Downeast 

and each of its successors and assigns to 

appropriate legal action. 

22. 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. 

23. 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 Downeast agree 

that severing the provision materially affects 

the purpose of the Agreement and Order. 

Downeast Concepts, Inc. 

Dated: 3/18/09. 

By: lllllllllllllllllll

Frederick H. Palmer, 

President, Downeast Concepts, Inc., 86 

Downeast Drive, Yarmouth, ME 04096. 

Dated: 3/20/09. 

By: lllllllllllllllllll

David W. Bertoni, Esq., 

Brann & Isaacson, 184 Main Street, P.O. Box 

3070, Lewiston, ME 04243, Counsel for 

Downeast Concepts, 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: 4/14/09. 

By: lllllllllllllllllll

M. Reza Malihi, 

Trial Attorney, Office of the General Counsel. 

By: lllllllllllllllllll

Neal S. Cohen, 

Trial Attorney, Office of the General Counsel. 

United States of America—Consumer 

Product Safety Commission 

In the Matter of Downeast Concepts, Inc., 

CPSC Docket No. 09–C0022. 

Order 

Upon consideration of the Settlement 

Agreement entered into between Downeast 

Concepts, Inc. (‘‘Downeast’’) and the U.S. 

Consumer Product Safety Commission 

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

having jurisdiction over the subject matter 

and over Downeast, 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 Downeast shall pay a 

civil penalty in the amount of thirty 

thousand dollars ($30,000.00). The civil 

penalty shall be paid 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 Downeast to make the foregoing 

payment when due, interest on the 

outstanding balance shall accrue and be paid 

by Downeast 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. E9–18520 Filed 7–31–09; 8:45 am] 

BILLING CODE 6355–01–P 

CONSUMER PRODUCT SAFETY 

COMMISSION 

[CPSC Docket No. 09–C0026] 

First Learning Company Limited, 

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 First 

Learning Company Limited, containing 

a civil penalty of $50,000.00. 

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–C0026, Office of the 

Secretary, Consumer Product Safety 

Commission, 4330 East West Highway, 

Room 502, Bethesda, Maryland 20814– 

4408. 

FOR FURTHER INFORMATION CONTACT: M. 

Reza Malihi, Trial Attorney, Division of 

Compliance, Office of the General 

Counsel, Consumer Product Safety 

Commission, 4330 East West Highway, 

Bethesda, Maryland 20814–4408; 

telephone (301) 504–7733. 

SUPPLEMENTARY INFORMATION: The text of 

the Agreement and Order appears 

below. 

Dated: July 28, 2009. 

Todd A. Stevenson, 

Secretary. 

United States of America—Consumer 

Product Safety Commission 

In the Matter of First Learning Company 

Limited CPSC Docket No. 09–C0026. 

Settlement Agreement and Order 

1. In accordance with 16 CFR 1118.20, 

First Learning Company Limited (‘‘First 

Learning’’) 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 

pursuant to, and responsible for the 

enforcement of, the Consumer Product Safety 

Act, 15 U.S.C. 2051–2089 (‘‘CPSA’’). 

3. First Learning is a corporation organized 

and existing under the laws of Hong Kong, 

People’s Republic of China (PRC), with its 

principal offices located in Kowloon, Hong 

Kong, PRC. First Learning’s network of 

manufacturer representatives conduct 

business on its behalf through offices located 

in the United States. At all times relevant 

hereto, First Learning manufactured and/or 

sold toys and other children’s products, 

among other merchandise. 

Staff Allegations 

4. Between April 2006 and August 2006, 

First Learning manufactured in China for sale 

in the United States about 9,400 units of 

certain ‘‘Soldier Bear’’ toys, including the 

Soldier Bear Wooden Pull-Along Learning 

Blocks Wagon, style number 6320, UPC code 

number 834162002158; the Soldier Bear 

Time Teacher, style #6231, UPC 

#834162002646; and the Soldier Bear 

Wooden Riding Horse, style number 6349, 

and UPC code number 834162003698 

(collectively, ‘‘Soldier Bear Toy(s)’’). From 

August 2006 through October 2007, First 

Learning offered the Soldier Bear Toys for 


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Federal Register / Vol. 74, No. 147 / Monday, August 3, 2009 / Notices 38407 

sale or sold them to a retailer, which, in turn, 

offered for sale or sold these products to 

consumers. 

5. Beginning in or before October 2006, 

First Learning manufactured in China for sale 

in the United States about 15,000 units of 

certain Big Wooden Learning Blocks and 

Jumbo Wooden Train Sets. The Big Wooden 

Learning Blocks consisted of 30 or 60 block 

pieces, sold as either the Big Wooden 

Learning Blocks (30 pieces), style number 

7210, UPC code number 14559211, or the Big 

Wooden Learning Blocks (60 pieces), style 

number 7211, UPC code number 14559235 

(collectively, the ‘‘Learning Block(s)’’). The 

Jumbo Wooden Train Sets consisted of 70 

wooden pieces, sold as style number 13275A, 

and UPC code number 14217340 (‘‘Train 

Set(s)’’). From October 2006 through 

November 2007, First Learning offered the 

Learning Blocks and Train Sets for sale or 

sold them to a retailer, which, in turn, offered 

for sale or sold these products to consumers. 

6. The Soldier Bear Toys, Learning Blocks, 

and Train Sets are ‘‘consumer product(s),’’ 

and, at all times relevant hereto, First 

Learning was a ‘‘manufacturer’’ of those 

consumer product(s), which were 

‘‘distributed in commerce,’’ as those terms 

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

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

(11). 

7. The Soldier Bear Toys, Learning Blocks, 

and Train Sets 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 ‘‘leadcontaining 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). 

8. In October and November 2007, the Staff 

obtained the results of testing conducted by 

an independent testing laboratory, showing 

that multiple samples of the Soldier Bear 

Toys failed to comply with the Ban. The 

testing demonstrated that the red surface 

coating on certain components of the Soldier 

Bear Wooden Pull-Along Learning Blocks 

Wagon contained a total lead content of 1,400 

mg/kg; that the black, green, orange, and red 

surface coatings on certain components of the 

Soldier Bear Time Teacher contained a total 

lead content from 820 mg/kg to 13,000 mg/ 

kg; and that the orange/yellow surface 

coating on the Soldier Bear Wooden Riding 

Horse contained a total lead content of 

18,000 mg/kg. These levels of lead are in 

excess of the permissible 0.06 percent limit 

set forth in the Ban. First Learning learned 

of these failing test results shortly after 

completion of this testing. 

9. On October 15, 2007, the Staff obtained 

samples of the Learning Blocks and Train 

Sets from a retail store. In November 2007, 

the staff tested these samples. The testing 

demonstrated that the orange paint on a 

component of the Big Wooden Learning 

Blocks (30 pieces) contained a total lead 

content of 2.633 percent; that orange paint on 

a component of the Big Wooden Learning 

Blocks (60 pieces) contained a total lead 

content of 0.07 percent; and that yellow paint 

on a component of the Train Set contained 

a total lead content of 0.065 percent. These 

levels of lead are in excess of the permissible 

0.06 percent limit set forth in the Ban. 

Through contacts with the retailer and/or the 

staff, First Learning learned of these failing 

test results shortly after completion of this 

testing. 

10. On December 19, 2007, the 

Commission and the retailer announced a 

consumer-level recall of products, including, 

but not limited to, about 9,400 Soldier Bear 

Toys, because ‘‘[t]he surface paint on the toys 

contains excessive levels of lead, violating 

the Federal lead paint standard.’’ 

11. On January 24, 2008, the Commission 

and the retailer announced a consumer-level 

recall of about 15,000 units of the Learning 

Blocks and Train Sets because ‘‘[s]urface 

paint on some pieces of the toys contains 

excessive levels of lead, violating the Federal 

lead paint standard.’’ 

12. Although no incidents or injuries were 

reported by First Learning or the retailers in 

connection with the Soldier Bear Toys, 

Learning Blocks and Train Sets, First 

Learning failed to take adequate action to 

ensure that none would bear or contain leadcontaining paint, thereby creating a risk of 

lead poisoning and adverse health effects to 

children. 

13. The Soldier Bear Toys, Learning Blocks 

and Train Sets 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. 

14. Between April 2006 and November 

2007, First Learning sold, manufactured for 

sale, offered for sale, or distributed in 

commerce in the United States, or caused one 

or more of such acts, with respect to the 

Soldier Bear Toys, Learning Blocks and Train 

Sets, in violation of section 19(a)(1) of the 

CPSA, 15 U.S.C. 2068(a)(1). First Learning 

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, First Learning is subject to civil 

penalties for the aforementioned violations. 

First Learning Response 

16. First Learning denies the Staff’s 

allegations set forth above that First Learning 

knowingly violated the CPSA. 

Agreement of the Parties 

17. Under the CPSA, the Commission has 

jurisdiction over this matter and over First 

Learning. 

18. The parties enter into the Agreement 

for settlement purposes only. The Agreement 

does not constitute an admission by First 

Learning, or a determination by the 

Commission, that First Learning has 

knowingly violated the CPSA. 

19. In settlement of the Staff’s allegations, 

First Learning shall pay a civil penalty in the 

amount of fifty thousand dollars 

($50,000.00). The civil penalty shall be paid 

in three (3) installments as follows: 

$10,000.00 shall be paid within thirty (30) 

calendar days of service of the Commission’s 

final Order accepting the Agreement; 

$15,000.00 shall be paid within one hundred 

and twenty (120) calendar days of service of 

the Commission’s final Order accepting the 

Agreement; and $25,000.00 shall be paid 

within one hundred and eighty (180) 

calendar days of service of the Commission’s 

final Order accepting the Agreement. Each 

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 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 

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, First Learning 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 First Learning 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, First Learning 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 First 

Learning 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 First Learning 

agree that severing the provision materially 

affects the purpose of the Agreement and 

Order. 

First Learning Company Limited. 

Dated: 12/10/2008. 

By: lllllllllllllllllll

Leung Suk Yue, 


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38408 Federal Register / Vol. 74, No. 147 / Monday, August 3, 2009 / Notices 

Secretary and Director, First Learning 

Company Limited, Room 401, 4th Floor, 

Block A, Sun Fung Centre, 88 Kwok Shui 

Road, Kwai Hing, Hong Kong. 

Dated: 12/12/2008. 

By: lllllllllllllllllll

Bob Casey, Esq., 

1205 NW 25th Avenue, Portland, OR 97210– 

2422, Counsel for First Learning Company 

Limited. 

U.S. Consumer Product Safety Commission 

Staff. 

Cheryl A. Falvey, 

General Counsel, Office of the General 

Counsel. 

Ronald G. Yelenik, 

Assistant General Counsel, Division of 

Compliance, Office of the General Counsel. 

Dated: 3/6/09. 

By: lllllllllllllllllll

M. Reza Malihi, 

Trial Attorney, Division of Compliance, 

Office of the General Counsel. 

United States of America—Consumer 

Product Safety Commission 

In the Matter of First Learning Company 

Limited, CPSC Docket No. 09–C0026. 

Order 

Upon consideration of the Settlement 

Agreement entered into between First 

Learning Company Limited (‘‘First 

Learning’’) and the U.S. Consumer Product 

Safety Commission (‘‘Commission’’) staff, 

and the Commission having jurisdiction over 

the subject matter and over First Learning, 

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 First Learning shall 

pay a civil penalty in the amount of fifty 

thousand dollars ($50,000.00). The civil 

penalty shall be paid in three (3) installments 

as follows: $10,000.00 shall be paid within 

thirty (30) calendar days of service of the 

Commission’s final Order accepting the 

Agreement; $15,000.00 shall be paid within 

one hundred and twenty (120) calendar days 

of service of the Commission’s final Order 

accepting the Agreement; and $25,000.00 

shall be paid within one hundred and eighty 

(180) calendar days of service of the 

Commission’s final Order accepting the 

Agreement. Each payment shall be made by 

check payable to the order of the United 

States Treasury. Upon the failure of First 

Learning to make any of the foregoing 

payments when due, (i) the entire amount of 

the civil penalty shall become due and 

payable, and (ii) interest on the outstanding 

balance shall accrue and be paid by First 

Learning 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. E9–18514 Filed 7–31–09; 8:45 am] 

BILLING CODE 6355–01–P 

CONSUMER PRODUCT SAFETY 

COMMISSION 

[CPSC Docket No. 09–C0027] 

A&A Global Industries, Inc., 

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 A&A Global 

Industries, Inc., containing a civil 

penalty of $40,000.00. 

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–C0027, Office of the 

Secretary, Consumer Product Safety 

Commission, 4330 East West Highway, 

Room 502, Bethesda, Maryland 20814– 

4408. 

FOR FURTHER INFORMATION CONTACT: M. 

Reza Malihi, Trial Attorney, Division of 

Compliance, Office of the General 

Counsel, Consumer Product Safety 

Commission, 4330 East West Highway, 

Bethesda, Maryland 20814–4408; 

telephone (301) 504–7733 or Renee K. 

Haslett, Trial Attorney, (same address); 

telephone (301) 504–7673. 

SUPPLEMENTARY INFORMATION: The text of 

the Agreement and Order appears 

below. 

Dated: July 28, 2009. 

Todd A. Stevenson, 

Secretary. 

United States of America, Consumer Product 

Safety Commission 

In the Matter of A&A Global Industries, 

Inc. 

Settlement Agreement and Order 

1. In accordance with 16 CFR 1118.20, 

A&A Global Industries, Inc. (‘‘A&A’’) 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 

pursuant to, and responsible for the 

enforcement of, the Consumer Product Safety 

Act, 15 U.S.C. 2051–2089 (‘‘CPSA’’). 

3. A&A is a corporation organized and 

existing under the laws of Maryland, with its 

principal office located in Cockeysville, 

Maryland. At all times relevant hereto, A&A 

imported and/or distributed in commerce toy 

jewelry. 

Staff Allegations 

4. From approximately January 2005 to 

March 2007, A&A imported and/or 

distributed about 3.95 million units of 

children’s ‘‘Groovy Grabber’’ bracelets 

(‘‘Bracelets’’), which ultimately were sold to 

consumers in vending machines located in 

malls, discount, department and grocery 

stores nationwide from November 2005 to 

March 2007 for $.25 per unit. 

5. The Bracelets are ‘‘consumer 

product(s),’’ and, at all times relevant hereto, 

A&A was an ‘‘importer’’ and/or ‘‘distributor’’ 

of those consumer product(s), which were 

‘‘distributed in commerce,’’ as those terms 

are defined in CPSA sections 3(a)(5), (7), (8), 

(9), and (11), 15 U.S.C. 2052(a)(5), (7), (8), (9), 

and (11). 

6. The Bracelets 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 ‘‘leadcontaining 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) 

7. On February 2, 2007, the Staff obtained 

Bracelet samples from one of A&A’s 

customers based in New York, which 

subsequently were tested at the CPSC 

Laboratory for the presence of lead. The test 

results demonstrated that the yellow paint on 

certain Bracelet samples contained a total 

lead content from 7.114 percent to 7.742 

percent. These levels of lead are in excess of 

the permissible 0.06 percent limit set forth in 

the Ban. 

8. On April 3, 2007, the Commission and 

A&A announced a consumer-level recall of 

about four million units of the Bracelets 

because ‘‘[t]he paint on the metallic band 

beneath the decorative cover contains high 

levels of lead. Lead is toxic if ingested by 

young children and can cause adverse health 

effects.’’ 

9. Although A&A reported no incidents or 

injuries associated with the Bracelets, 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. 

10. The Bracelets 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 


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