Federal Register / Vol. 74, No. 72 / Thursday, April 16, 2009 / Notices 17647 

hundred-fifty dollars ($8,750.00) shall 

be paid within four (4) months of 

service of the Commission’s final Order 

accepting the Agreement; the third 

installment payment of eight thousand 

seven hundred-fifty dollars ($8,750.00) 

shall be paid within eight (8) months of 

the Commission’s final Order accepting 

the Agreement; and the fourth 

installment payment of eight thousand 

seven hundred-fifty dollars ($8,750.00) 

shall be paid within twelve (12) months 

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 Urgent Gear to make 

the foregoing payment when due, 

interest on the unpaid amount shall 

accrue and be paid by Urgent Gear 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 April, 2009. 

By Order of the Commission. 

Todd A. Stevenson, 

Secretary, U.S. Consumer Product Safety 

Commission. 

[FR Doc. E9–8701 Filed 4–15–09; 8:45 am] 

BILLING CODE 6355–01–P 

CONSUMER PRODUCT SAFETY 

COMMISSION 

[CPSC Docket No. 09–C0010] 

Orioxi International 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 Orioxi 

International Corporation, containing a 

civil penalty of $70,000.00. 

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 May 1, 

2009. 

ADDRESSES: Persons wishing to 

comment on this Settlement Agreement 

should send written comments to the 

Comment 09–C0010, Office of the 

Secretary, Consumer Product Safety 

Commission, 4330 East West Highway, 

Room 502, Bethesda, Maryland 20814– 

4408. 

FOR FURTHER INFORMATION CONTACT: 

Renee K. Haslett, Trial Attorney, 

Division of Compliance, Office of the 

General Counsel, Consumer Product 

Safety Commission, 4330 East West 

Highway, Bethesda, Maryland 20814– 

4408; telephone (301) 504–7673. 

SUPPLEMENTARY INFORMATION: The text of 

the Agreement and Order appears 

below. 

Dated: April 9, 2009. 

Todd A. Stevenson, 

Secretary. 

Settlement Agreement 

1. In accordance with 16 CFR 1118.20, 

Orioxi International Corporation 

(‘‘Orioxi’’) and the staff (‘‘Staff’’) of the 

United States Consumer Product Safety 

Commission (‘‘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. Orioxi is a corporation organized 

and existing under the laws of 

California, with its principal offices 

located in Brea, California. At all times 

relevant hereto, Orioxi imported and 

sold apparel. 

Staff Allegations 

4. From at least September 2005 to 

June 2008, Orioxi imported and/or 

distributed in commerce children’s 

hooded sweatshirts and jackets with 

drawstrings at the hood or neck, which 

were later recalled on August 28, 2008 

(‘‘Garments’’). 

5. A retailer sold the Garments to 

consumers. 

6. The Garments are ‘‘consumer 

product[s],’’ and, at all times relevant 

hereto, Orioxi was a ‘‘manufacturer’’ of 

those consumer products, which were 

‘‘distributed in commerce,’’ as those 

terms are defined in CPSA sections 

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

2052(a)(5), (8), and (11). 

7. In February 1996, the Staff issued 

the Guidelines for Drawstrings on 

Children’s Upper Outerwear 

(‘‘Guidelines’’) to help prevent children 

from strangling or entangling on neck 

and waist drawstrings. The Guidelines 

state that drawstrings can cause, and 

have caused, injuries and deaths when 

they catch on items such as playground 

equipment, bus doors, or cribs. In the 

Guidelines, the Staff recommends that 

there be no hood and neck drawstrings 

in children’s upper outerwear sized 2T 

to 12. 

8. In June 1997, ASTM adopted a 

voluntary standard, ASTM F1816–97, 

that incorporated the Guidelines. The 

Guidelines state that firms should be 

aware of the hazards and should be sure 

garments they sell conform to the 

voluntary standard. 

9. On May 19, 2006, the Commission 

posted on its Web site a letter from the 

Commission’s Director of the Office of 

Compliance to manufacturers, 

importers, and retailers of children’s 

upper outerwear. The letter urges them 

to make certain that all children’s upper 

outerwear sold in the United States 

complies with ASTM F1816–97. The 

letter states that the Staff considers 

children’s upper outerwear with 

drawstrings at the hood or neck area to 

be defective and to present a substantial 

risk of injury to young children under 

Federal Hazardous Substances Act 

(‘‘FHSA’’) section 15(c), 15 U.S.C. 

1274(c). The letter also notes the CPSA’s 

section 15(b) reporting requirements. 

10. Orioxi informed the Commission 

that there had been no incidents or 

injuries from the Garments. 

11. Orioxi’s distribution in commerce 

of the Garments did not meet the 

Guidelines or ASTM F1816–97, failed to 

comport with the Staff’s May 2006 

defect notice, and posed a strangulation 

hazard to children. 

12. On August 28, 2008, the 

Commission, in cooperation with 

Orioxi, announced a recall of the 

Garments. 

13. Orioxi had presumed an actual 

knowledge that the Garments 

distributed in commerce posed a 

strangulation hazard and presented a 

substantial risk of injury to children 

under FHSA section 15(c)(1), 15 U.S.C. 

1274(c)(1). Orioxi had obtained 

information that reasonably supported 

the conclusion that the Garments 

contained a defect that could create a 

substantial product hazard or that they 

created an unreasonable risk of serious 

injury or death. CPSA sections 15(b)(3) 

and (4), 15 U.S.C. 2064(b)(3) and (4), 

required Orioxi to immediately inform 

the Commission of the defect and risk. 

14. Orioxi knowingly failed to 

immediately inform the Commission 

about the Garments as required by CPSA 

sections 15(b)(3) and (4), 15 U.S.C. 

2064(b)(3) and (4), and as the term 

‘‘knowingly’’ is defined in CPSA section 

20(d), 15 U.S.C. 2069(d). This failure 

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

U.S.C. 2068(a)(4). Pursuant to CPSA 

section 20, 15 U.S.C. 2069, this failure 

subjected Orioxi to civil penalties. 

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17648 Federal Register / Vol. 74, No. 72 / Thursday, April 16, 2009 / Notices 

Orioxi’s Responsive Allegation 

15. Orioxi denies the Staff’s 

allegations above that Orioxi knowingly 

violated the CPSA. 

Agreement of the Parties 

16. Under the CPSA, the Commission 

has jurisdiction over this matter and 

over Orioxi. 

17. The parties enter into the 

Agreement for settlement purposes only. 

The Agreement does not constitute an 

admission by Orioxi, or a determination 

by the Commission, that Orioxi 

knowingly violated the CPSA. 

18. In settlement of the Staff’s 

allegations, Orioxi shall pay a civil 

penalty in the amount of seventy 

thousand dollars ($70,000.00) within 

twenty (20) calendar days of service of 

the Commission’s final Order accepting 

the Agreement. The payment shall be by 

check payable to the order of the United 

States Treasury. 

19. Upon 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) calendar 

days, the Agreement shall be deemed 

finally accepted on the sixteenth (16th) 

calendar day after the date it is 

published in the Federal Register. 

20. Upon the Commission’s final 

acceptance of the Agreement and 

issuance of the final Order, Orioxi 

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 Order or of 

the Commission’s actions; (3) a 

determination by the Commission of 

whether Orioxi 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. 

21. The Commission may publicize 

the terms of the Agreement and the 

Order. 

22. The Agreement and the Order 

shall apply to, and be binding upon, 

Orioxi and each of its successors and 

assigns. 

23. The Commission issues the Order 

under the provisions of the CPSA, and 

violation of the Order may subject 

Orioxi and each of its successors and 

assigns to appropriate legal action. 

24. 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 their terms. 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. 

25. If any provision of the Agreement 

and 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 Orioxi agree 

that severing the provision materially 

affects the purpose of the Agreement 

and the Order. 

Orioxi International Corporation. 

Dated: March 13, 2009. 

By: 

Ziegfred Young, 

President, Orioxi International Corporation, 

145 S. State College Boulevard, #250, Brea, 

CA 92821. 

U.S. Consumer Product Safety Commission 

Staff. 

Cheryl A. Falvey, 

General Counsel. 

Ronald G. Yelenik, 

Assistant General Counsel, Office of the 

General Counsel. 

Dated: March 17, 2009. 

By: 

Renee K. Haslett, 

Trial Attorney, Division of Compliance, 

Office of the General Counsel. 

Order 

Upon consideration of the Settlement 

Agreement entered into between Orioxi 

International Corporation (‘‘Orioxi’’) 

and the U.S. Consumer Product Safety 

Commission (‘‘Commission’’) staff, and 

the Commission having jurisdiction 

over the subject matter and over Orioxi, 

and it appearing that the Settlement 

Agreement and the Order are in the 

public interest, it is 

Ordered, that the Settlement 

Agreement be, and hereby is, accepted; 

and it is 

Further ordered, that Orioxi shall pay 

a civil penalty in the amount of seventy 

thousand dollars ($70,000.00) 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. Upon the 

failure of Orioxi to make the foregoing 

payment when due, interest on the 

unpaid amount shall accrue and be paid 

by Orioxi 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 April, 2009. 

By order of the Commission. 

Todd A. Stevenson, 

Secretary U.S. Consumer Product Safety 

Commission. 

[FR Doc. E9–8707 Filed 4–15–09; 8:45 am] 

BILLING CODE 6355–01–P 

CONSUMER PRODUCT SAFETY 

COMMISSION 

[CPSC Docket No. 09–C0004] 

Marshalls of MA, 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 Marshalls of 

MA, Inc., containing a civil penalty of 

$235,000.00. 

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 May 1, 

2009. 

ADDRESSES: Persons wishing to 

comment on this Settlement Agreement 

should send written comments to the 

Comment 09–C0004, Office of the 

Secretary, Consumer Product Safety 

Commission, 4330 East West Highway, 

Room 502, Bethesda, Maryland 20814– 

4408. 

FOR FURTHER INFORMATION CONTACT: Seth 

B. Popkin, Lead Trial Attorney, Division 

of Compliance, Office of the General 

Counsel, Consumer Product Safety 

Commission, 4330 East West Highway, 

Bethesda, Maryland 20814–4408; 

telephone (301) 504–7612. 

SUPPLEMENTARY INFORMATION: The text of 

the Agreement and Order appears 

below. 

Dated: April 9, 2009. 

Todd A. Stevenson, 

Secretary. 

Settlement Agreement 

1. In accordance with 16 CFR 1118.20, 

Marshalls of MA, Inc. (‘‘Marshalls’’) and 

the staff (‘‘Staff’’) of the United States 

Consumer Product Safety Commission 

mstockstill on PROD1PC66 with NOTICES