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 


sroberts on DSKD5P82C1PROD with NOTICES
Federal Register / Vol. 74, No. 147 / Monday, August 3, 2009 / Notices 38409 

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. 

11. From January 2005 to March 2007, 

A&A 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 hazards Bracelets in violation of 

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

2068(a)(1) (which acts at the time were in 

violation of 19(a)(2) of the CPSA, 15 U.S.C. 

2068(a)(2), as the Consumer Product Safety 

Improvement Act of 2008, Public Law 110– 

314, had yet to be enacted). A&A committed 

these prohibited acts ‘‘knowingly,’’ as that 

term is defined in section 20(d) of the CPSA, 

15 U.S.C. 2069(d). 

12. Pursuant to section 20 of the CPSA, 15 

U.S.C. 2069, A&A is subject to civil penalties 

for the aforementioned violations. 

A&A’s Responsive Allegations 

13. A&A contests and denies the Staff’s 

allegations set forth in paragraphs 4 through 

12. 

14. A&A specifically denies that it failed to 

take adequate action to ensure that the 

Bracelets did not bear lead-containing paint 

exceeding the permissible limits set forth in 

the Ban. A&A’s compliance program, at the 

time of the subject recall met or exceeded 

industry standards for ensuring compliance 

with the permissible lead limits set forth in 

the Ban. Likewise, A&A asserts that it acted 

responsibly and reasonably to respond to the 

Commission’s concern regarding the 

Bracelets, including its prompt and voluntary 

implementation of a successful product recall 

of the Bracelets in cooperation with the 

Commission. 

15. A&A specifically denies that any 

alleged violation of the CPSA occurred 

‘‘knowingly,’’ as the term ‘‘knowingly’’ is 

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

U.S.C. 2069(d). 

16. A&A has entered into the Agreement 

for settlement purposes only, to avoid 

incurring additional expenses and the 

distraction of litigation. Accordingly, the 

Agreement and Order do not constitute, and 

are not evidence of, any fault or wrongdoing 

on the part of A&A. 

Agreement of the Parties 

17. Under the CPSA, the Commission has 

jurisdiction over this matter and over A&A. 

18. The parties enter into the Agreement 

for settlement purposes only. The Agreement 

does not constitute an admission by A&A, or 

a determination by the Commission, that 

A&A has knowingly violated the CPSA. 

19. In settlement of the Staff’s allegations, 

A&A shall pay a civil penalty in the amount 

of forty thousand dollars ($40,000.00) 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. 

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, A&A 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 A&A 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, A&A 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 A&A 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 A&A agree that 

severing the provision materially affects the 

purpose of the Agreement and Order. 

A&A Global Industries, Inc. 

Dated: 4/23/09. 

By: lllllllllllllllllll

Eugene Lipman, 

Vice President of Finance and 

Administration, A&A Global Industries, Inc., 

17 Stenersen Lane, Cockeysville, MD 21030. 

Dated: 4/27/09. 

By: lllllllllllllllllll

Kathleen M. Sanzo, Esq., 

Morgan, Lewis & Bockius LLP, 1111 

Pennsylvania Avenue, NW., Washington, DC 

20004, Counsel for A&A Global Industries, 

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: 5/12/09. 

By: lllllllllllllllllll

By: lllllllllllllllllll

M. Reza Malihi, 

Trial Attorney, Renee K. Haslett, Trial 

Attorney, Division of Compliance, Office of 

the General Counsel. 

In the Matter of A&A Global Industries, 

Inc. 

Order 

Upon consideration of the Settlement 

Agreement entered into between A&A Global 

Industries, Inc. (‘‘A&A’’) and the U.S. 

Consumer Product Safety Commission 

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

having jurisdiction over the subject matter 

and over A&A, 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 A&A shall pay a civil 

penalty in the amount of forty thousand 

dollars ($40,000.00). 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 

A&A to make the foregoing payment when 

due, interest on the unpaid amount shall 

accrue and be paid by A&A 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. E9–18513 Filed 7–31–09; 8:45 am] 

BILLING CODE 6355–01–P 

CONSUMER PRODUCT SAFETY 

COMMISSION 

[CPSC Docket No. 09–C0021] 

Raymond Geddes & Co., 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 Raymond 

Geddes & Co., 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. 


sroberts on DSKD5P82C1PROD with NOTICES