58098 Federal Register / Vol. 77, No. 182 / Wednesday, September 19, 2012 / Notices 

mail to Commissioner for Trademarks, 

P.O. Box 1451, Alexandria, VA 22313– 

1451, attention Cynthia C. Lynch; by 

hand delivery to the Trademark 

Assistance Center, Concourse Level, 

James Madison Building—East Wing, 

600 Dulany Street, Alexandria, Virginia, 

attention Cynthia C. Lynch; or by 

electronic mail message via the Federal 

eRulemaking Portal. See the Federal 

eRulemaking Portal Web site (http:// 

www.regulations.gov) for additional 

instructions on providing comments via 

the Federal eRulemaking Portal. All 

comments submitted directly to the 

Office or provided on the Federal 

eRulemaking Portal should include the 

docket number (PTO–T–2012–0031). 

The comments will be available for 

public inspection on the USPTO’s Web 

site at http://www.uspto.gov, and will 

also be available at the Office of the 

Commissioner for Trademarks, Madison 

East, Tenth Floor, 600 Dulany Street, 

Alexandria, Virginia. Because comments 

will be made available for public 

inspection, information that is not 

desired to be made public, such as an 

address or phone number, should not be 

included. 

FOR FURTHER INFORMATION CONTACT: 

Cynthia C. Lynch, Office of the Deputy 

Commissioner for Trademark 

Examination Policy, at (571) 272–8742. 

SUPPLEMENTARY INFORMATION: On August 

16, 2012, the USPTO published a 

request for comment to provide the 

public, including user groups, with an 

opportunity to comment on a potential 

legislative change to amend the first 

filing deadline for Affidavits or 

Declarations of Use or Excusable 

Nonuse under Sections 8 and 71 of the 

Trademark Act from between the fifth 

and sixth years after the registration 

date, or the six-month grace period that 

follows, to between the third and fourth 

years after the registration date, or the 

six-month grace period that follows (77 

FR 49425 (August 16, 2012)). 

The notice invited the public to 

submit written comments on the 

potential change on or before October 

15, 2012. The USPTO is now extending 

the period for submission of public 

comments until November 5, 2012. 

Dated: September 13, 2012. 

David J. Kappos, 

Under Secretary of Commerce for Intellectual 

Property and Director of the United States 

Patent and Trademark Office. 

[FR Doc. 2012–23117 Filed 9–18–12; 8:45 am] 

BILLING CODE 3510–16–P 

CONSUMER PRODUCT SAFETY 

COMMISSION 

[CPSC Docket No. 12–C0009] 

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 $850,000.00, within 

twenty (20) days of service of the 

Commission’s final Order accepting the 

Settlement Agreement. 

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 October 4, 

2012. 

ADDRESSES: Persons wishing to 

comment on this Settlement Agreement 

should send written comments to the 

Comment 12–C0009, Office of the 

Secretary, Consumer Product Safety 

Commission, 4330 East West Highway, 

Room 820, Bethesda, Maryland 20814– 

4408. 

FOR FURTHER INFORMATION CONTACT: 

Belinda V. Bell, Trial Attorney, Division 

of Compliance, Office of the General 

Counsel, Consumer Product Safety 

Commission, 4330 East West Highway, 

Bethesda, Maryland 20814–4408; 

telephone (301) 504–7592. 

SUPPLEMENTARY INFORMATION: The text of 

the Agreement and Order appears 

below. 

Dated: September 13, 2012. 

Todd A. Stevenson, 

Secretary. 

Settlement Agreement 

1. In accordance with the Consumer 

Product Safety Act, 15 U.S.C. 2051– 

2089 (‘‘CPSA’’) and16 C.F.R. 1118.20, 

Haier America Trading, LLC (‘‘Haier 

America’’) and staff of the United States 

Consumer Product Safety Commission 

(‘‘staff’’ and ‘‘Commission’’) hereby 

enter into this Settlement Agreement 

(‘‘Agreement’’). The Agreement and the 

incorporated attached Order resolve 

staff’s allegations set forth below. 

The Parties 

2. Staff is the staff of the Commission, 

an independent federal regulatory 

agency established pursuant to, and 

responsible for, the enforcement of the 

CPSA, 15 U.S.C. 2051–2089. 

3. Haier America is a limited liability 

company, organized and existing under 

the laws of the State of New York, with 

its principal corporate office located at 

1356 Broadway, New York, NY. 

Staff Allegations 

4. Between October 2006 and October 

2009, Haier America distributed in 

commerce, including through 

importation and sale to retailers, 

approximately 53,800 electric blenders 

(‘‘Blenders’’). The Blenders were sold at 

retail stores in the United States for 

between $25 and $60. 

5. The Blenders are ‘‘consumer 

products’’ and, at all relevant times, 

Haier America was an ‘‘importer’’ of 

these consumer products, which were 

‘‘distributed in commerce,’’ as those 

terms are defined or used in sections 

3(a)(5), (8), and (11) of the CPSA, 15 

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

6. The Blenders are defective because 

the nut holding the blade assembly can 

dislodge during use, allowing the blade 

assembly pieces to break apart, and/or 

crack the Blenders’ glass jar, posing a 

laceration hazard to consumers. 

7. From January 2007 through 

September 2009, Haier America 

received approximately 56 incident 

reports regarding the Blenders, 

including a report of an injury to a 

consumer’s hand. 

8. Haier America had obtained 

sufficient information to reasonably 

support the conclusion that the 

Blenders contained a defect which 

could create a substantial product 

hazard, or that the Blenders created an 

unreasonable risk of serious injury or 

death. Haier America was required to 

inform the Commission immediately of 

such defect or risk, as required by 

sections 15(b)(3) and (4) of the CPSA, 15 

U.S.C. 2064(b)(3) and (4). 

9. Despite having information 

regarding the Blenders’ defect, Haier 

America did not file its Full Report with 

the Commission until October 8, 2009. 

Haier America recalled the Blenders on 

December 2, 2009. 

10. In failing to inform the 

Commission about the Blenders 

immediately, Haier America knowingly 

violated section 19(a)(4) of the CPSA, 15 

U.S.C. 2068(a)(4), as the term 

‘‘knowingly’’ is defined in section 20(d) 

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

11. Pursuant to section 20 of the 

CPSA, 15 U.S.C. 2069, Haier America is 


tkelley on DSK3SPTVN1PROD with NOTICES
Federal Register / Vol. 77, No. 182 / Wednesday, September 19, 2012 / Notices 58099 

subject to civil penalties for its knowing 

failure to report, as required under 

section 15(b) of the CPSA, 15 U.S.C. 

2064(b). 

Response of Haier America Trading, 

LLC 

12. Haier America denies the Staff’s 

allegations, including, but not limited 

to, that the Blenders contain a defect 

that could create a substantial product 

hazard or create an unreasonable risk of 

serious injury or death, and that Haier 

America failed to timely notify the 

Commission in accordance with Section 

15(b) of the CPSA, 15 U.S.C. 2064(b). 

13. Haier America notified CPSC 

upon discovering that a nut securing the 

blade assembly had not been 

consistently tightened during 

production of certain units of the 

Blenders. Haier America was (and is) 

aware of only one report of a minor cut 

to a consumer’s hand, associated with 

the reported issue, which did not 

require medical attention. Haier 

America conducted a voluntary recall of 

the Blenders to replace the blade 

assembly pursuant to CPSC’s Fast Track 

recall program, acting to reduce the risk 

of injury, in furtherance of its 

customers’ best interests. 

Agreement of the Parties 

14. Under the CPSA, the Commission 

has jurisdiction over this matter and 

over Haier America. 

15. In settlement of staff’s allegations, 

Haier America shall pay a civil penalty 

in the amount of $850,000.00 within 20 

calendar days of receiving service of the 

Commission’s final Order accepting the 

Agreement. The payment shall be made 

electronically to the CPSC via 

www.pay.gov. 

16. The parties enter into this 

Agreement for settlement purposes only. 

The Agreement does not constitute an 

admission by Haier America, nor does it 

constitute a determination by the 

Commission, that Haier America 

violated the CPSA’s reporting 

requirements. 

17. In consideration of Haier 

America’s payment, the Commission 

agrees to release Haier America, as well 

as its current and former directors, 

officers, employees, agents and 

representatives from any civil claim that 

the Commission has or may have against 

those parties arising out of or relating to 

the recall of the Blenders announced on 

December 2, 2009, or the Staff’s 

allegations that Haier America failed to 

report in a timely manner a potential 

hazard involving the Blenders. 

18. Upon provisional acceptance of 

the Agreement by the Commission, the 

Agreement shall be placed on the public 

record and published in the Federal 

Register in accordance with the 

procedures set forth in 16 C.F.R. 

1118.20(e). If the Commission does not 

receive any written request not to accept 

the Agreement within 15 calendar days, 

the Agreement shall be deemed finally 

accepted on the 16th calendar day after 

the date it is published in the Federal 

Register, in accordance with 16 C.F.R. 

1118.20(f). 

19. Upon the Commission’s final 

acceptance of the Agreement and 

issuance of the final Order, Haier 

America knowingly, voluntarily, and 

completely waives any rights it may 

have in this matter to the following: (a) 

an administrative or judicial hearing; (b) 

judicial review or other challenge or 

contest of the Commission’s actions; (c) 

a determination by the Commission of 

whether Haier America failed to comply 

with the CPSA and the underlying 

regulations; (d) a statement of findings 

of fact and conclusions of law; and (e) 

any claims under the Equal Access to 

Justice Act. 

20. The Commission may publicize 

the terms of the Agreement and the 

Order. 

21. The Agreement and the Order 

shall apply to, and be binding upon, 

Haier America and each of its 

successors and/or assigns. 

22. The Commission issues the Order 

under the provisions of the CPSA, and 

a violation of the Order may subject 

Haier America and each of its 

successors and/or assigns to appropriate 

legal action. 

23. The Agreement may be used in 

interpreting the Order. Understandings, 

agreements, representations, or 

interpretations apart from those 

contained in the Agreement and the 

Order may not be used to vary or 

contradict the terms or the Agreement 

and the Order. 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. 

24. If any provision of the Agreement 

or the Order is held to be illegal, 

invalid, or unenforceable under present 

or future laws effective during the terms 

of the Agreement and the Order, such 

provision shall be fully severable. The 

balance of the Agreement and the Order 

shall remain in full force and effect, 

unless the Commission and Haier 

America agree that severing the 

provision materially affects the purpose 

of the Agreement and Order. 

HAIER AMERICA TRADING, LLC. 

Dated: August 23,2012. 

lllllllllllllllllllll

Mary Ann G. Lemere, 

VP & General Counsel, Haier America 

Trading, LLC, 1356 Broadway, New York, NY 

10018. 

Dated: August 28, 2012. 

lllllllllllllllllllll

Eric A. Rubel, Esquire, 

Arnold & Porter, LLP, 555 Twelfth Street 

NW., Washington, DC 20004–1206, Counsel 

for Haier America Trading, LLC. 

U.S. CONSUMER PRODUCT SAFETY 

COMMISSION STAFF 

Cheryl A. Falvey, 

General Counsel. 

Mary B. Murphy, 

Assistant General Counsel. 

Dated: September 4, 2012. 

lllllllllllllllllllll

Belinda V. Bell, 

Trial Attorney, Office of the General Counsel. 

Order 

Upon consideration of the Settlement 

Agreement entered into between Haier 

America Trading, LLC (‘‘Haier America’’), 

and the U.S. Consumer Product Safety 

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

Commission having jurisdiction over the 

subject matter and over Haier America, and 

it appearing that the Settlement Agreement 

and the Order are in the public interest, it is 

Ordered that the Settlement Agreement 

be, and is, hereby, accepted; and it is 

Further ordered, that Haier America 

shall pay a civil penalty in the amount of 

$850,000.00 within 20 calendar days of 

receiving service of the Commission’s final 

Order accepting the Settlement Agreement. 

The payment shall be made electronically to 

the CPSC via www.pay.gov. Upon the failure 

of Haier America to make the foregoing 

payment when due, interest on the unpaid 

amount shall accrue and be paid by Haier 

America 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 13th day of September, 2012. 

By Order of the Commission: 

lllllllllllllllllllll

Todd A. Stevenson, 

Secretary, U.S. Consumer Product Safety 

Commission 

[FR Doc. 2012–23043 Filed 9–18–12; 8:45 am] 

BILLING CODE 6355–01–P 

CONSUMER PRODUCT SAFETY 

COMMISSION 

[CPSC Docket No. 12–2] 

Notice of Telephonic Prehearing 

Conference 

AGENCY: U.S. Consumer Product Safety 

Commission. 

ACTION: Notice. 

SUMMARY: Notice of telephonic 

prehearing conference In the Matter of 

ZEN MAGNETS, LLC, CPSC Docket No. 

12–2. 


tkelley on DSK3SPTVN1PROD with NOTICES