U.S. Department 

of Transportation 

Federal Aviation 

Administration 

JM 2 8 2015 

Southern Region 

Office of the Regional Counsel 

CERTIFIED- RETURN RECEIPT REQUESTED 

Hearing Docket Clerk 

FAA, AGC-430, Suite 2W1 000 

Wilbur Wright Building 

800 Independence Avenue, SW 

Washington, DC 20591 

P.O. Box 20636 

Atlanta, Georgia 30320 

(404) 305-5200 

( 404) 305-5223 FAX 

RECEIVED 

FEB 0 2 2015 

HEARING DOCKET 

d0\L\~ t\;)d 

Re: In the Matter of Pro Form Products Ltd. FAA Case No. 2012S0700264 

Enclosed herewith please fmd a copy of a request for hearing and the original and one copy of 

the Complaint in the above-referenced proceeding. 

The FAA requests that the hearing in this matter be held in the Louisville, Kentucky area, and 

expects that the hearing will last two days. 

Please address all communications for the FAA to the undersigned, at: 

Federal Aviation Administration 

Office of the Regional Counsel, AS0-7 

Southern Region 

1701 Columbia Avenue 

College Park, GA 30337 

Telephone: (404) 305-5200, facsimile (404) 305-5223. 

Sincerely, 

~IJ~ ROBERT B. DIXON 

Attorney 

Office of the Regional Counsel 

Enclosures 
U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

FEDERAL AVIATION ADMINISTRATION 

FEDERAL AVIA TTON ADMINISTRATION, 

Complainant, 

vs. 

Pro Form Products Ltd. 

Respondent. 

JUDGE NOT YET ASSIGNED 

FAA Docket No. 

Judge 

COMPLAINT 

The Federal Aviation Administration (FAA), by counsel, hereby files its Complaint, 

pursuant to Rule 208 of the Rules of Practice (14 C.F.R. 13.208), and states as follows: 

I. 

I. On January 15,2015, Respondent, Pro Form Products Ltd. was advised through a 

Final Notice of Proposed Civil Penalty that the FAA proposed to assess a civil penalty in the 

amount of$78,000. On January 27,2015, the Agency Attorney received a written request for a 

hearing from the Respondent. 

II. 

I. On or about June 11,2012, Pro Form Products Ltd. ("PFPL") knowingly offered 

to DHL a one-piece shipment containing hazardous materials for transportation by 

mr. 

2. The above-mentioned shipment was assigned DHL tracking number/air waybill 

number 40 7849 561 0 for Express Worldwide Air Service. 

3. The shipment was offered by PFPL, 604 McGeachie Drive, Milton, Ontario 

Canada L9T3Y5, for transportation to the consignee, Distributors Warehouse, 

1900 N. lOth Street, Paducah, KY 42001. 

4. At all times mentioned herein, the above-mentioned shipment was not 

accompanied by a Shipper's Certification or Declaration of Dangerous Goods. 
5. On or about June 12, 2012, the above-mentioned shipment was transported to the 

DHL sort facility in Louisville, Kentucky. 

6. On or about June 12, 2012, ground-handling personnel at the DHL sort facility 

discovered the above-mentioned shipment during an inspection. 

7. The above-mentioned non-specification fiberboard box contained two inner nonspecification fiberboard boxes, each containing six !-quart metal containers of 

General Purpose Adhesive Cleaner. 

8. a. General Purpose Adhesive Cleaner is classified as a hazardous material 

under the Department of Transportation Hazardous Materials Regulations 

(HMR) (49 C.P.R.§ 172.101). 

b. The proper shipping name of the material is Flammable Liquid N.O.S. 

(Hydrogen chloride). It is in Hazard Class 3, Packing Group II, and has an 

assigned identification number ofUN1993. The proper label is 

FLAMMABLE LIQUID. 

9. PFPL offered the above-described shipment of hazardous material for 

transportation by air without shipping papers that included: 

a. the assigned identification number prescribed for each hazardous material; 

b. the proper shipping name prescribed for each hazardous material; 

c. the hazard class prescribed for each hazardous material; 

d. the packing group prescribed for each hazardous material; 

e. the total net mass per package of each hazardous material; and, 

f. the number and type of packages containing hazardous material. 

10. PFPL offered the above-described shipment of hazardous material 

for transportation by air and failed to: 

a. certify that the materials were in accordance with theHMR (49 C.P.R.§§ 

171, et seq.) by printing on the shipping papers the certification set forth in 

§ 172.204(a)(l), 172.204(a)(2), or§ 172.204(c) oftheHMR; 

b. prepare the required certifications in duplicate; and, 

c. add to the certification required in this section the following statement: 
"I declare that all of the applicable air transport requirements have been 

met. 11 

11. PFPL offered the above-described shipment of hazardous materials 

for transportation by air when: 

a. the outer container was not marked with the proper shipping name of each 

hazardous material contained therein; 

b. the outer container was not marked with the assigned identification 

number of each hazardous material contained therein; 

c. the outer container was not marked with standard orientation markings (as 

prescribed in 49 C.P.R. § 172.312(a)) on two opposite vertical sides of the 

package with the arrows pointing in the correct upright direction; and 

d. a "FLAMMABLE LIQUID" label was not affixed to the outer container. 

12. PFPL offered the above-described shipment of hazardous material for 

transportation by air and failed to make emergency response information available 

for use at all times the hazardous material was present. 

13. PFPL offered the above-described shipment of hazardous material for 

transportation by air and failed to make an emergency response telephone number 

immediately available to the appropriate official person designated to respond to 

an incident involving a hazardous material, or who was conducting an 

investigation involving a hazardous material. 

14. PFPL offered the above-described shipment of class 3 materials for transportation 

by air and failed to use combination packaging that met Packing Group II 

standards for liquids. 

15. PFPL offered the above-described shipment ofliquid hazardous materials for 

transportation by air and failed to use an authorized combination packaging for its 

transportation. 
Ill. 

16. By reason of the above Pro Form Products Ltd. violated the following Department 

of Transportation Hazardous Materials Regulations (Title 49 of the Code of Federal 

Regulations): 

a. Section 171.2(e) in that PFPL offered or transported a hazardous material 

for transportation in commerce when the hazardous material was not 

properly classed, described, packaged, marked, labeled, and in condition 

for shipment as required or authorized by applicable requirements of this 

subchapter, or an exemption, approval, or registration issued under this 

subchapter or under subchapter A of this chapter. 

b. Sections 172.200(a) and 172.202(a)(1) in that PFPL offered a hazardous 

material for transportation and failed to describe the hazardous material on 

shipping papers including the identification number prescribed for the 

material as shown in Column 4 of the § 172.101 Table, in the manner 

required by this subpart. 

c. Sections 172.200(a) and 172.202(a)(2) in that PFPL offered a hazardous 

material for transportation and failed to describe the hazardous material on 

shipping papers including the proper shipping name prescribed for the 

material as shown in Column 2 of the§ 172.101 Table. 

d. Sections 172.200(a) and 172.202(a)(3) in that PFPL offered a hazardous 

material for transportation and failed to describe the hazardous material on 

shipping papers including the hazard class or division 

number prescribed for the material as shown in Column 3 of the § 172.101 

Table. 

e. Sections 172.200(a) and !72.202(a)(4) in that PFPL offered a hazardous 

material for transportation and failed to describe the hazardous material on 

shipping papers including the packing group in Roman numerals, as 

designated for the hazardous material in Column 5 of the § 172.101 Table. 

f. Sections 172.200(a) and 172.202(a)(6) in that PFPL offered a hazardous 

material for transportation by aircraft and failed to describe the hazardous 

material on shipping papers showing the total mass per package, unless a 

gross mass is indicated in Columns (9A) or (9B) of the§ 172.101 Table in 

which case the total gross mass per package must be shown; or, for Class 

7 materials, the quantity of radioactive must be shown by activity. 

g. Sections 172.200(a) and 172.202(a)(7) in that PFPL offered a hazardous 

material for transportation and failed to describe the hazardous material on 

shipping papers indicating the number and type of packages (for example, 

"12 drums"). 
h. Sections 172.204(a) or (c)(!) in that PFPL offered a hazardous material for 

transportation and failed to certify that the material was offered for 

transportation in accordance with this subchapter by printing on the 

shipping paper containing the required shipping description one of the 

certifications set forth in this part. 

1. Section 172.204(c)(2) in that PFPL offered a hazardous material to an 

aircraft operator for transportation by air and failed to provide two copies 

of the certification required in this section. 

J. Section 172.204(c)(3) in that PFPL offered for transportation by air a 

hazardous material authorized for air transportation and failed to add to 

the certification required in this section the following statement: 

"I declare that all of the applicable air transport requirements have been 

met." 

k. Section 172.30l(a) in that PFPL offered for transportation a hazardous 

material in a non-bulk packaging and failed to mark the package with the 

proper shipping name and identification number (preceded by "UN" or 

"NA", as appropriate) for the material as shown in the § 172.101 table. 

1. Sections 172.300(a) and 172.312(a)(2) in that PFPL offered a non-bulk 

combination package having inner packagings containing liquid hazardous 

material for transportation and failed to legibly mark the outer package 

with package orientation markings that conform pictorially to ISO 

Standard 780-1895, on two opposite vertical sides of the package with the 

arrows pointing in the correct upright direction. 

m. Section 172.400(a) in that PFPL offered for transportation a hazardous 

material in one of the packages or containment devices listed in this 

subpart and failed to label the package or containment device with the 

labels specified for the material in the § 172.101 Table and in this subpart. 

n. Section 172.600( c)(!) in that PFPL offered for transportation a hazardous 

material and failed to make the emergency response information 

conforming to this subpart immediately available for use at all times the 

hazardous material was present. 

o. Section 172.600(c)(2) in that PFPL offered for transportation a hazardous 

material and failed to make emergency response information including the 

emergency response telephone number, immediately available to any 

govermnent agency responding to an incident involving hazardous 

materials or conducting an investigation which involves a hazardous 

material. 
p. Section 172.702(a) in that PFPL offered a hazardous material for 

transportation and failed to ensure that each of its hazmat employees was 

trained in accordance with the requirements prescribed in this subpart. 

q. Section 173.202 in that PFPL offered for transportation a package 

containing liquid hazardous material in Packing Group II when §172.101 

of this subchapter specified that it be packaged under this section and 

failed to use non-bulk packagings prescribed in this section conforming to 

the general packaging requirements of subpart B of part 173, to the 

requirements of part 178 of this subchapter at the Packing Group I or II 

performance level (unless otherwise excepted), and to the requirements of 

the special provisions of Column 7 of the§ 172.101 Table. 

17. Pursuant to 49 U.S.C. Section 5123(a),- is subject to a civil penalty not lower 

than $250 ($450 for training-related violations), nor greater than $75,000 ($175,000 if death, 

serious illness, severe injury, or substantial property damage results), for each violation of the 

Department of Transportation Hazardous Materials Regulations. 

18. Under the facts and circumstances of this case, a civil penalty of $78,000 is 

appropriate. 

WHEREFORE, the Agency, by counsel respectfully requests that the Administrative Law Judge 

enter an order that Respondent be assessed a civil penalty in the amount of $78,000. 

Respectfully submitted this e':i<6~ day of January, 2015. 

~(J';o~ 

ROBERT B. DIXON 

Attorney 

PLEASE NOTE: 

Pursuant to Title 14 CPR Section 13.209(a), you are required to file a written answer to this 

Complaint, or a written Motion to Dismiss if appropriate, not later than 30 days after the date 

shown on the Certificate of Service which follows. 
CERTIFICATE OF SERVICE 

I hereby certify that a copy of the foregoing Complaint has been mailed this date by Certified 

Mail, Return Receipt Requested, to the following: 

Hearing Docket Clerk 

FAA, AGC-430, Suite2Wl000 

Wilbur Wright Building 

800 Independence Avenue, SW 

Washington, DC 20591 

President 

Pro Form Products Ltd. 

604 McGeachie Drive 

Milton, Ontario Canada L9T3Y5 

Stuart A. Laven, Jr. 

Cavitch Familo & Durkin 

Attorney at Law 

Twentieth Floor 

1300 East Ninth Street 

Cleveland, Ohio 44114 

\B~T p;T~L~KlOOA1 Legal Assistant 

JAN 2 g 2015 

Dated 

(original + I copy) 
CAVITCH 

FAMILO & DURKIN 

Legal ProfessiOnal Association 

l~ ~ • ~ * 

Board Certified 

Business BtmKmpt.cy 

American Board of Certijtcation 

January 26, 2015 

Stuart A. Laven, Jr. 

Attorney at Law 

slaven@cavitch.com 

Twentieth Floor 

1300 East Ninth Street 

Cleveland, Ohio 44114 

T 216.621.7860 

F 216.621.3415 

www.cavitch.com 

FEDERAL EXPRESS \j 2 7 

Attention: Hearing Docket Clerk, AGC-430 

Federal Aviation Administration 

600 Independence Avenue SW, Wilbur Wright Building, Suite 2W1000 

Washington, DC 20591 

Re: Final Notice of Proposed Civil Penalty for Pro Form Products Ltd. 

Reference No. 2012S0700264 

Dear Clerk: 

This firm represents Pro Form Products Ltd. ("PFPL"), a Canadian limited liability 

company. PFPL recently received a correspondence from the Federal Aviation Administration 

proposing to fine tbe company $78,000. 

On behalf ofPFPL, a hearing is requested pursuant to 14 C.F.R. § 13.16(g)(2)(ii). 

Please feel free to contact me if you have any questions about tbese matters. 

Copy: Robert B. Dixon 

Attorney 

Office of the Regional Counsel 

1701 Columbia Avenue, Suite 530 

College Park, Georgia 3033 7 

Stuart A. Laven, Jr. 
U.S. Department 

of Transportation 

Federal Aviation 

Administration 

,'·''· ·: I 5 201S 

Southern Region 

Office of the Regional Counsel 

REGISTERED MAIL- RETURN RECEIPT REQUESTED 

& REGULAR MAIL 

President 

P.O. Box 20636 

Atlanta, Georgia 30320 

(404) 305-5200 

(404) 305-5223 FAX 

20 12S0700264 

RECEIVED Pro Form Products Ltd. 

604 McGeachie Drive FEB 0 2 2015 

HEARING DOCKET 

FINAL NOTICE OF PROPOSED CIVIL PENALTY dO\ L\ _ \ \ d d 

Milton, Ontario Canada L9T3Y5 

On September 30, 2013, Pro Form Products Ltd. was advised through a Notice of Proposed Civil 

Penalty that the FAA proposed to assess a civil penalty in the amount of$78,000. As of this date 

we have received no response to this Notice. 

After considering all the evidence in this matter, it appears that: 

I. On or about June II, 2012, Pro Form Products Ltd. ("PFPL") knowingly offered 

to DHL a one-piece shipment containing hazardous materials for transportation by 

au. 

2. The above-mentioned shipment was assigned DHL tracking number/air waybill 

number 40 7849 5610 for Express Worldwide Air Service. 

3. The shipment was offered by PFPL, 604 McGcachic Drive, Milton, Ontario 

Canada L9T3Y5, for transportation to the consignee, Distributors Warehouse, 

1900 N. lOth Street, Paducah, KY 42001. 

4. At all times mentioned herein, the above-mentioned shipment was not 

accompanied by a Shipper's Certification or Declaration of Dangerous Goods. 

5. On or about June 12, 2012, the above-mentioned shipment was transported to the 

DHL sort facility in Louisville, Kentucky. 

6. On or about June 12, 2012, ground-handling personnel at the DHL sort facility 

discovered the above-mentioned shipment during an inspection. 

7. The above-mentioned non-specification fiberboard box contained two inner nonspecification fiberboard boxes, each containing six !-quart metal containers of 

General Purpose Adhesive Cleaner. 
8. a. General Purpose Adhesive Cleaner is classified as a hazardous material 

under the Department of Transportation Hazardous Materials Regulations 

(HMR) (49 C.F.R. § 172.101). 

b. The proper shipping name ofthe material is Flammable Liquid N.O.S. 

(Hydrogen chloride). It is in Hazard Class 3, Packing Group II, and has an 

assigned identification number of UN I 993. The proper label is 

FLAMMABLE LIQUID. 

9. PFPL offered the above-described shipment of hazardous material for 

transportation by air without shipping papers that included: 

a. the assigned identification number prescribed for each hazardous material; 

b. the proper shipping name prescribed for each hazardous material; 

c. the hazard class prescribed for each hazardous material; 

d. the packing group prescribed for each hazardous material; 

e. the total net mass per package of each hazardous material; and, 

f. the number and type of packages containing hazardous material. 

I 0. PFPL offered the above-described shipment of hazardous material 

for transportation by air and failed to: 

a. certify that the materials were in accordance with the HMR (49 C.F.R. §§ 

I 71, et seq.) by printing on the shipping papers the certification set forth in 

§ 172.204(a)(l), 172.204(a)(2), or § 172.204(c) of the HMR; 

b. prepare the required certifications in duplicate; and, 

c. add to the certification required in this section the following statement: 

"! declare that all of the applicable air transport requirements have been 

met" 

11. PFPL offered the above-described shipment of hazardous materials 

for transportation by air when: 

a. the outer container was not marked with the proper shipping name of each 

hazardous material contained therein; 
b. the outer container was not marked with the assigned identification 

number of each hazardous material contained therein; 

c. the outer container was not marked with standard orientation markings (as 

prescribed in 49 C.F.R. §172.312(a)) on two opposite vertical sides of the 

package with the arrows pointing in the correct upright direction; and 

d. a "FLAMMABLE LIQUID" label was not affixed to the outer container. 

12. PFPL offered the above-described shipment of hazardous material for 

transportation by air and failed to make emergency response information available 

for usc at all times the hazardous material was present. 

13. PFPL offered the above-described shipment of hazardous material for 

transportation by air and failed to make an emergency response telephone number 

immediately available to the appropriate official person designated to respond to 

an incident involving a hazardous material, or who was conducting an 

investigation involving a hazardous material. 

14. PFPL offered the above-described shipment of class 3 materials for transportation 

by air and failed to use combination packaging that met Packing Group II 

standards for liquids. 

15. PFPL offered the above-described shipment of liquid hazardous materials for 

transportation by air and failed to use an authorized combination packaging for its 

transportation. 

16. By reason of the above, PFPL violated the following Department of 

Transportation Hazardous Materials Regulations (Title 49 ofthe Code of Federal 

Regulations): 

a. Section 171.2(e) in that PFPL offered or transported a hazardous material 

for transportation in commerce when the hazardous material was not 

properly classed, described, packaged, marked, labeled, and in condition 

for shipment as required or authorized by applicable requirements of this 

subchapter, or an exemption, approval, or registration issued under this 

subchapter or under subchapter A of this chapter. 

b. Sections 172.200(a) and 172.202(a)(1) in that PFPL offered a hazardous 

material for transportation and failed to describe the hazardous material on 

shipping papers including the identification number prescribed for the 

material as shown in Column 4 of the § 172.101 Table, in the manner 

required by this subpart. 

c. Sections 172.200(a) and 172.202(a)(2) in that PFPL offered a hazardous 
material for transportation and failed to describe the hazardous material on 

shipping papers including the proper shipping name prescribed for the 

material as shown in Column 2 of the § 172.10 I Table. 

d. Sections 172.200(a) and 172.202(a)(3) in that PFPL offered a hazardous 

material for transportation and failed to describe the hazardous material on 

shipping papers including the hazard class or division 

number prescribed for the material as shown in Column 3 of the § 172.101 

Table. 

e. Sections 172.200(a) and 172.202(a)(4) in that PFPL offered a hazardous 

material for transportation and failed to describe the hazardous material on 

shipping papers including the packing group in Roman numerals, as 

designated f(>r the hazardous material in Column 5 ofthe § 172.10 I Table. 

f. Sections 172.200(a) and 172.202(a)(6) in that PFPL offered a hazardous 

material for transportation by aircraft and failed to describe the hazardous 

material on shipping papers showing the total mass per package, unless a 

gross mass is indicated in Columns (9A) or (9B) of the § 172.10 I Table in 

which case the total gross mass per package must be shown; or, for Class 

7 materials, the quantity of radioactive must be shown by activity. 

g. Sections 172.200(a) and 172.202(a)(7) in that PFPL offered a hazardous 

material for transportation and failed to describe the hazardous material on 

shipping papers indicating the number and type of packages (for example, 

"12 drums"). 

h. Sections 172.204(a) or (c)(l) in that PFPL offered a hazardous material for 

transpOI1ation and failed to certify that the material was offered for 

transportation in accordance with this subchapter by printing on the 

shipping paper containing the required shipping description one of the 

certifications set forth in this part. 

1. Section 172.204(c)(2) in that PFPL offered a hazardous material to an 

aircraft operator for transportation by air and failed to provide two copies 

of the certification required in this section. 

J. Section 172.204(c)(3) in that PFPL offered for transportation by air a 

hazardous material authorized for air transportation and failed to add to 

the certification required in this section the following statement: 

"I declare that all of the applicable air transport requirements have been 

met., 

k. Section 172.30l(a) in that PFPL offered for transportation a hazardous 
material in a non-bulk packaging and failed to mark the package with the 

proper shipping name and identification number (preceded by "UN" or 

"NA", as appropriate) for the material as shown in the § 172.10 l table. 

I. Sections 172.300( a) and l72.312(a)(2) in that PFPL offered a non-bulk 

combination package having inner packagings containing liquid hazardous 

material for transportation and failed to legibly mark the outer package 

with package orientation markings that conform pictorially to ISO 

Standard 780-1895, on two opposite vertical sides of the package with the 

arrows pointing in the correct upright direction. 

m. Section 172.400(a) in that PFPL offered for transportation a hazardous 

material in one of the packages or containment devices listed in this 

subpart and failed to label the package or containment device with the 

labels specified f(>r the material in the§ 172.1 OJ Table and in this subpart. 

n. Section 172.600(c)(l) in that PFPL offered for transportation a hazardous 

material and failed to make the emergency response information 

conforming to this subpart immediately available for use at all times the 

hazardous material was present. 

o. Section I 72.600( c)(2) in that PFP L offered for transportation a hazardous 

material and failed to make emergency response information including the 

emergency response telephone number, immediately available to any 

government agency responding to an incident involving hazardous 

materials or conducting an investigation which involves a hazardous 

material. 

p. Section !72.702(a) in that PFPL offered a hazardous material for 

transportation and failed to ensure that each of its hazmat employees was 

trained in accordance with the requirements prescribed in this subpati. 

q. Section 173.202 in that PFPL otTered for transportation a package 

containing liquid hazardous material in Packing Group II when § 172.10 I 

of this subchapter specified that it be packaged under this section and 

failed to usc non-bulk packagings prescribed in this section conforming to 

the general packaging requirements of subpart B of part 173, to the 

requirements of part 178 of this subchapter at the Packing Group I or Il 

performance level (unless otherwise excepted), and to the requirements of 

the special provisions of Column 7 ofthe §172.101 Table. 

In accordance with Section 5123(a) of Chapter 51, Title 49 of the United States Code of 

Transportation, 49 U.S.C.§ 5123, [name of violator] is liable for a civil penalty of not less than 

$250 ($450 for training violations), nor greater than $75,000 ($175,000 if death, serious illness, 

severe injury, or substantial property damage results), for each violation of the regulations. 
After reviewing our investigative file, we propose to assess a civil penalty in the amount of 

$78,000 for these violations. 

Unless you mail or personally deliver, in writing, your request for a hearing in this matter, on or 

before fifteen (15) days after you receive this Final Notice, we will issue an Order Assessing 

Civil Penalty and you will have no further right to a hearing. If you do not submit a written 

request for a hearing, you must pay the proposed ci vii penalty. 

Your request for a hearing must be sent to the Federal Aviation Administration, 600 

Independence Avenue SW, Wilbur Wright Building, Suite 2W I 000, Washington, DC 20591, 

Attention: Hearing Docket Clerk, AGCA30 (if delivery is in person or via expedited courier 

service) or Federal Aviation Administration, 800 Independence Avenue SW, Wilbur Wright 

Building, Suite 2WIOOO, Washington, DC 20591, Attention: Hearing Docket Clerk, AGC-430 

(if delivery is via U.S. Mail), and a copy must be sent to the undersigned FAA attorney. Your 

request must be dated and signed, in accordance with section 13.16 of the Federal Aviation 

Regulations, sent to you with the Notice of Proposed Civil Penalty ( 14 C.F.R. § 13.16). 

You may pay the proposed penalty by submitting a certified check or money order payable to the 

"Federal Aviation Administration" to the undersigned. 

RANDY ELLEN HYMAN 

REGIONAL COUNSEL 

BY~(j~ ROBERT B. DIXON 

Attorney 

Office of the Regional Counsel 

CERTIFICATE OF SERVICE 

I hereby certify that the foregoing Final Notice of Proposed Civil Penalty has been mailed by 

Registered Mail & Regular Mail to: 

President 

Pro Form Products Ltd. 

604 McGeachie Drive 

Milton, Ontario Canada L9T3Y5 

~(kro.m.fu ~ ~ 0 OJ J 

DONNA E. STANLEY\ 

Legal Assistant 

Office of the Regional Counsel 

JP:: I 5 2015 

Dated