Federal Register / Vol. 65, No. 214 / Friday, November 3, 2000 / Notices 66237

EFFECTIVE DATE: November 3, 2000.

FOR FURTHER INFORMATION CONTACT: Ross

Arnold, International Trade Specialist,

Office of Textiles and Apparel, U.S.

Department of Commerce, (202) 482–

4212. For information on the quota

status of these limits, refer to the Quota

Status Reports posted on the bulletin

boards of each Customs port, call (202)

927–5850, or refer to the U.S. Customs

website at http://www.customs.gov. For

information on embargoes and quota reopenings, call (202) 482–3715.

SUPPLEMENTARY INFORMATION:

Authority: Section 204 of the Agricultural

Act of 1956, as amended (7 U.S.C. 1854);

Executive Order 11651 of March 3, 1972, as

amended.

The current limits for certain

categories are being adjusted for swing,

special shift and carryforward.

A description of the textile and

apparel categories in terms of HTS

numbers is available in the

CORRELATION: Textile and Apparel

Categories with the Harmonized Tariff

Schedule of the United States (see

Federal Register notice 64 FR 71982,

published on December 22, 1999). Also

see 64 FR 68333, published on

December 7, 1999.

D. Michael Hutchinson,

Acting Chairman, Committee for the

Implementation of Textile Agreements.

Committee for the Implementation of Textile

Agreements

October 31, 2000.

Commissioner of Customs,

Department of the Treasury, Washington, DC

20229.

Dear Commissioner: This directive

amends, but does not cancel, the directive

issued to you on December 1, 1999, by the

Chairman, Committee for the Implementation

of Textile Agreements. That directive

concerns imports of certain cotton, manmade fiber, silk blend and other vegetable

fiber textiles and textile products, produced

or manufactured in Bangladesh and exported

during the twelve-month period which began

on January 1, 2000 and extends through

December 31, 2000.

Effective on November 3, 2000, you are

directed to adjust the limits for the following

categories, as provided for under the Uruguay

Round Agreement on Textiles and Clothing:

Category Adjusted twelve-month

limit 1

237 ........................... 386,264 dozen.

331 ........................... 1,500,150 dozen pairs.

334 ........................... 190,433 dozen.

335 ........................... 216,371 dozen.

336/636 .................... 570,082 dozen.

338/339 .................... 1,986,641 dozen.

340/640 .................... 4,065,662 dozen.

341 ........................... 3,376,739 dozen.

351/651 .................... 965,092 dozen.

352/652 .................... 12,908,618 dozen.

Category Adjusted twelve-month

limit 1

363 ........................... 32,816,179 numbers.

369–S2 .................... 2,161,838 kilograms.

634 ........................... 630,639 dozen.

635 ........................... 424,623 dozen.

638/639 .................... 2,193,755 dozen.

641 ........................... 738,723 dozen.

645/646 .................... 435,322 dozen.

847 ........................... 380,252 dozen.

1The limits have not been adjusted to account for any imports exported after December

31, 1999. 2 Category 369–S: only HTS number

6307.10.2005.

The Committee for the Implementation of

Textile Agreements has determined that

these actions fall within the foreign affairs

exception of the rulemaking provisions of 5

U.S.C. 553(a)(1).

Sincerely,

D. Michael Hutchinson,

Acting Chairman, Committee for the

Implementation of Textile Agreements.

[FR Doc.00–28267 Filed 11–2–00; 8:45 am]

BILLING CODE 3510–DR–F

COMMODITY FUTURES TRADING

COMMISSION

Sunshine Act Meeting

‘‘FEDERAL REGISTER’’ CITATION OF

PREVIOUS ANNOUNCEMENT: 65 FR 65843;

65 FR 64687.

PREVIOUSLY ANNOUNCED TIME AND DATE OF

MEETING: 1 p.m., Wednesday, November

1, 2000.

CHANGES IN THE MEETING: The open

meeting previously scheduled for 1

p.m., Wednesday, November 1, 2000 has

been postponed until 1 p.m., Monday,

November 6, 2000.

CONTACT PERSON FOR MORE INFORMATION:

Jean A. Webb, 418–5100.

Jean A. Webb,

Secretary of the Commission.

[FR Doc. 00–28351 Filed 11–1–00; 11:24 am]

BILLING CODE 6351–01–M

CONSUMER PRODUCT SAFETY

COMMISSION

[CPSC Docket No. 01–C0002]

Tropitone Furniture Co., Inc., a

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 Tropitone

Furniture Co., Inc., a corporation,

containing a civil penalty of $750,000.

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 November

20, 2000.

ADDRESSES: Persons wishing to

comment on this Settlement Agreement

should send written comments to the

Comment 01–C0002, Office of the

Secretary, Consumer Product Safety

Commission, Washington, DC 20207.

FOR FURTHER INFORMATION CONTACT:

Deborah S. Orlove, Trial Attorney,

Office of Compliance and Enforcement,

Consumer Product Safety Commission,

Washington, DC 20207; telephone (301)

504–0626, 1347.

SUPPLEMENTARY INFORMATION: The text of

the Agreement and Order appears

below.

Dated: October 30, 2000.

Sadye E. Dunn,

Secretary.

Settlement Agreement and Order

1. This Settlement Agreement, made

by and between the staff (‘‘the staff’’) of

the U.S. Consumer Product Safety

Commission (‘‘the Commission’’) and

Tropitone Furniture Co., Inc.

(‘‘Tropitone’’), a corporation, in

accordance with 16 CFR 1118.20 of the

Commission’s Procedures for

Investigations, Inspections, and

Inquiries under the Consumer Product

Safety Act (‘‘CPSA’’), is a settlement of

the staff allegations set forth below.

I. The Parties

2. The Commission is an independent

federal regulatory agency responsible for

the enforcement of the Consumer

Product Safety Act, 15 U.S.C. 2051–

2084.

3. Tropitone is a corporation

organized and existing under the laws of

the State of Florida. Its principal offices

are located at 5 Marconi, Irvine,

California 92618.

II. Staff Allegations

4. The following models of chaise

lounge chairs manufactured by

Tropitone are the subject of this

Settlement Agreement:

66238 Federal Register / Vol. 65, No. 214 / Friday, November 3, 2000 / Notices

Model name Model No. Dates manufactured Dimensions

(width × length × height)

TropiKai ....................... 935 .............................

935HYA ......................

1985–1991 ......................................................

1991–April 1992 ..............................................

24′′ × 77.5′′ × 41.5′′.

Verrazano .................... 4332 ........................... 1987–1992 ...................................................... 27.5′′ × 78.5′′ × 39.75′′.

Cotillion ........................ 4032 ........................... 1986–1987 ...................................................... 29′′ × 81.75′′ × 42′′.

Cayman ....................... 5932 ........................... 1989–April 1992 .............................................. 27.5′′ × 80′′ × 44′′.

Colony ......................... 4932 ........................... 1987–1991 ...................................................... 29.75′′ × 80′′ × 42′′.

Seychelle ..................... 4432 ........................... 1986–April 1992 .............................................. 25′′ × 79′′ × 40′′.

5. Beginning in 1985, Tropitone

manufactured, distributed and/or sold

into United States commerce more than

123,000 chaise lounge chairs, described

in paragraph 4 above. Tropitone is,

therefore, a manufacturer, distributor

and/or retailer of a consumer product

distributed in U.S. commerce, pursuant

to 15 U.S.C. 2052(a)(1), (4), (5) and (6).

6. The chaise lounge chairs, described

in paragraph 4 above, contained a nylon

ratchet system that controlled the height

of the headrest on the chaise lounge.

The nylon ratchets were prone to break,

causing the headrest to collapse and

injure consumers. Consumers who

reached behind the headrest to adjust its

height by placing their fingers between

the headrest frame and the chaise bed

suffered injuries when the nylon ratchet

failure caused the headrest to forcefully

collapse and ‘‘scissor’’ their fingers.

7. By mid 1988, Tropitone had begun

receiving injury claims and complaints

regarding the nylon ratchet failure of the

chaise lounges described in paragraph 4.

Injuries included finger amputations

(multiple, full or partial), finger

fractures, crushed fingers, pinched

fingers, severe finger lacerations, back

injury, skull fracture, and facial injuries.

CPSC’s records indicate that Tropitone

learned of at least 170 incidents of

nylon ratchet failure that occurred on

the chaise lounge chairs described in

paragraph 4 between approximately

January 1987 and January 1999.

8. Tropitone obtained information

which reasonably supported the

conclusion that the chaise lounge chairs

described in paragraph 4 contained

defects which could create a substantial

product hazard, but failed to report to

the Commission in a timely manner as

required by section 15(b)(2) of the

CPSA, 15 U.S.C. 2064(b)(2). Tropitone

also obtained information which

reasonably supported the conclusion

that the chaise lounge chairs described

in paragraph 4 created an unreasonable

risk of serious injury or death, but failed

to report to the Commission in a timely

manner as required by Section 15(b)(3)

of the CPSA, 15 U.S.C. 2064(b)(3).

9. Over a period of several years,

Tropitone also failed to report to the

Commission information about

approximately 30 settlements and

plaintiff’s judgments in lawsuits

concerning the chaise lounge chairs

described in paragraph 4. Tropitone

failed to report those lawsuit

settlements and judgments in a timely

manner as required by section 37 of the

CPSA, 15 U.S.C. 2084.

10. By failing to furnish information

as required by section 15(b) of the

CPSA, 15 U.S.C. 2064(b), and section 37

of the CPSA, 15 U.S.C. 2084. Tropitone

committed prohibited acts under section

19(a)(4) and (11) of the CPSA, 15 U.S.C.

2068(a)(4) and (11).

11. The staff alleges these violations

were committed ‘‘knowingly’’ as that

term is defined in section 20(d) of the

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

III. Response of Tropitone

12. Tropitone denies each and every

staff allegation set forth in paragraphs

6–11 above. Tropitone further denies

that the lounge chairs described in

paragraph 4 above contain any defect

which could create a substantial

product hazard described in section

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

and that these lounge chairs create an

unreasonable risk of serious injury or

death. Tropitone further denies that it

violated the reporting requirements of

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

2064(b), section 37 of the CPSA, 15

U.S.C. 2084, or 16 CFR part 1115.

13. In 1977 Tropitone, of its own

initiative, reported to the CPSC

concerning breakage of nylon ratchets

associated with the lounge chairs

described in paragraph 4. In addition,

beginning in 1991, and in subsequent

years including after Tropitone’s 1997

report to the CPSC, Tropitone

conducted recalls of these lounge chairs.

Since its 1997 report to the CPSC,

Tropitone has worked cooperatively

with the CPSC staff to conduct recall

activities and to resolve this matter.

14. Tropitone enters this Settlement

Agreement and Order for settlement

purposes only, to avoid incurring

additional legal costs and expenses.

IV. Agreement of the Parties

15. The Commission has jurisdiction

over this matter and over Tropitone

under the consumer Product Safety Act

(CPSA), 15 U.S.C. 2051 et seq.

16. Upon final acceptance by the

CPSC of this Settlement Agreement and

Order, Tropitone knowingly, voluntarily

and completely waives any rights it may

have in the above captioned matter (1)

to the issuance of a Complaint in this

matter; (2) to an administrative or

judicial hearing with respect to the staff

allegations cited herein; (3) to judicial

review, or any other challenge or

contest, of the validity of this Settlement

Agreement and Order as issued and

entered; (4) to a determination by the

commission as to whether Tropitone

violated section 15(b) of the CPSA, 15

U.S.C. 2064(b), and section 37 of the

CPSA, 15 U.S.C. 2084; and (5) to a

statement of findings of fact and

conclusions of law with regard to the

staff allegations.

17. Upon provisional acceptance of

this Settlement Agreement and Order by

the Commission, this Settlement

Agreement and Order shall be placed on

the public record and shall be published

in the Federal Register in accordance

with 16 CFR 1118.20(e).

18. This Settlement Agreement and

Order shall become effective upon final

acceptance by the Commission and its

service upon Tropitone. Tropitone shall

pay a civil penalty in the amount of

seven hundred and fifty thousand and

no/dollars ($750,000.00) to the United

States Treasury. Tropitone shall pay two

hundred thousand dollars ($200,000.00)

within 10 calendar days of receiving

service of the final Settlement

Agreement and Order, and shall pay the

remaining five hundred fifty thousand

dollars ($550,000.00) on or before June

15, 2001.

19. In the event of default in any of

the payments as set forth in paragraph

18 above, which default continues for

ten (10) calendar days beyond the due

date of payment, Tropitone shall pay the

United States Treasury the entire

amount of civil penalty due and owing

as well as interest on the amount owing

at a rate computed pursuant to 28 U.S.C.

1961(a), as well as a penalty in the

amount of five hundred dollars

($500.00) per day until full payment is

made, calculated beginning on the first

Federal Register / Vol. 65, No. 214 / Friday, November 3, 2000 / Notices 66239

day after payment is due; provided, in

its sole discretion the CPSC may waive

Tropitone’s obligation to pay some or all

of any interest and penalty due and

owing under this paragraph 19. In

addition, in the event of default,

Tropitone shall raise no defense or

objection to any collection action the

Commission deems appropriate, and

Tropitone shall pay all the costs

incurred in such action.

20. This Settlement Agreement and

Order is not deemed or construed as an

admission by Tropitone (a) of any

liability or wrongdoing by Tropitone; (b)

that Tropitone violated any law or

regulation; (c) that the lounge chairs

described in paragraph 4 are defective

or create a substantial product hazard,

or are unreasonably dangerous; (d) that

the lounge chairs described in

paragraph 4 have caused any injuries;

(e) of the truth of any claims or other

matters stated in this Settlement

Agreement and Order (except as set

forth in paragraph 15), or alleged or

otherwise stated by the commission or

any other person either against

Tropitone or with respect to the lounge

chairs described in paragraph 4.

Nothing contained in this Settlement

Agreement and Order precludes

Tropitone from raising any defenses in

any future litigation not arising out of

the terms of this Settlement Agreement

and Order.

21. Upon final acceptance of this

Settlement Agreement by the

Commission, the issuance of the Order,

and the full and timely payment by

Tropitone to the United States Treasury

of a civil penalty in the amount of seven

hundred fifty thousand dollars

($750,000.00), the Commission

specifically waives its right to initiate,

either by referral to the Department of

Justice or bringing in its own name, any

action for civil penalties relating to any

of the events that gave rise to the CPSC

staff’s allegations in paragraphs four

through eleven, against (a) Tropitone;

(b) any of Tropitone’s current or former

subsidiaries, affiliates, divisions or

related entities; (c) any shareholder,

director, officer, employee, agent or

attorney of any entity referenced in (a)

or (b) above; and (d) any successor, heir,

or assign of any entity referenced in (a),

(b) or (c) above.

22. Upon final acceptance by the

Commission, the parties agree that the

Commission may publicize the terms of

this Settlement Agreement and Order.

23. Tropitone agrees to the entry of

the attached Order, which is

incorporated herein by reference, and

agrees to be bound by its terms. This

Settlement Agreement and Order is

binding upon, and shall inure to the

benefit of, Tropitone and the assigns

and successors of Tropitone.

24. Agreements, understandings,

representations, or interpretations made

outside this Settlement Agreement and

Order may not be used to vary or

contradict its terms.

25. This Settlement Agreement and

Order have been negotiated by the

parties at arms’ length. Tropitone is not

relying on the advice of the CPSC staff,

nor anyone associated with the CPSC

staff, as to legal, tax or other

consequences of any kind arising out of

this Settlement Agreement and Order,

and Tropitone specifically assumes the

risk of all such legal, tax and other

consequences.

26. For all purposes, this Settlement

and Order shall constitute an

enforceable judgment obtained in an

action or proceeding by a governmental

unit to enforce its police or regulatory

power. This settlement Agreement and

Order are pursuant to the Commission’s

police or regulatory power to remedy

the alleged risk created by, and protect

the public from, a substantial product

hazard which the Commission believes

is presented by the lounge chairs

described in paragraph 4 above, and this

Settlement Agreement and Order are not

subject to an automatic stay if Tropitone

becomes the subject of a bankruptcy

proceeding.

27. If any provision of this Settlement

Agreement and Order is held to be

illegal, invalid or unenforceable under

present or future laws effective during

the term of this Settlement Agreement

and Order, such provision shall be fully

severable. In such event, there shall be

added as part of this Settlement

Agreement and Order a provision as

similar in terms to such illegal, invalid

or unenforceable provision as may be

possible and may be legal, valid and

enforceable. The effective date of the

added provision shall be the date upon

which the prior provision was held to

be invalid, illegal or unenforceable. The

rest of this Settlement Agreement and

Order shall remain in full effect, unless

the CPSC determines, after providing

Tropitone with notice and a reasonable

opportunity to comment, that severing

the provision materially impacts the

payment of civil penalties as set forth in

this Settlement Agreement and Order.

The CPSC determination shall

constitute the final agency decision and

shall be subject to judicial review, such

review to be based upon the record of

any such CPSC proceeding and

according to law.

28. This Settlement Agreement and

Order shall not be waived, changed,

amended, modified, or otherwise

altered, except in writing signed by both

parties.

29. Tropitone’s obligations under this

Settlement Agreement and Order shall

terminate when Tropitone makes the

final payment required under the Order.

Tropitone Furniture Co., Inc.

Dated: September 25, 2000.

Michael L. Echolds,

President.

The Consumer Product Safety Commission.

Alan H. Schoem,

Assistant Executive Director, Office of

Compliance.

Eric L. Stone,

Director, Legal Division, Office of

Compliance.

Dated: October 10, 2000.

Deborah S. Orlove,

Attorney, Legal Division, Office of

Compliance.

Order

Upon consideration of the Settlement

Agreement entered into between

Tropitone Furniture Co., Inc. and the

staff of the U.S. Consumer Product

Safety Commission; and the

Commission having jurisdiction over

the subject matter and Tropitone

Furniture Co., Inc., and it appearing that

the Settlement Agreement and Order is

in the public interest, it is

Ordered, that the Settlement

Agreement be, and hereby is, accepted,

and it is

Further Ordered, that, upon final

acceptance of the Settlement Agreement

and Order, Tropitone Furniture Co.,

Inc., shall pay to the U.S. Treasury a

civil penalty under the Consumer

Product Safety Act in the amount of

SEVEN HUNDRED FIFTY THOUSAND

AND no/100 dollars, ($750,000.00).

Tropitone shall pay two hundred

thousand dollars ($200,000.00) within

10 calendar days of receiving service to

this final Settlement Agreement and

Order, and the remaining five hundred

and fifty thousand and dollars

($550,000.00) on or before June 15,

2001.

Provisionally accepted and Provisional

Order issued on the 30th day of October,

2000.

By Order of the Commission.

Sadye E. Dunn,

Secretary, U.S. Consumer Product Safety

Commission.

[FR Doc. 00–28203 Filed 11–2–00; 8:45 am]

BILLING CODE 6355–01–M