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 

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Federal Register / Vol. 74, No. 72 / Thursday, April 16, 2009 / Notices 17649 

(‘‘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. Marshalls is a corporation 

organized and existing under the laws of 

Massachusetts, with its principal offices 

located in Framingham, Massachusetts. 

At all times relevant hereto, Marshalls 

sold apparel. 

Staff Allegations 

4. From July 2007 to January 2008, 

Marshalls held for sale and/or sold 

various quantities of the following 

children’s upper outerwear products 

with drawstrings at the hood or neck: 

Apollo Active Wear girls’ hooded 

jackets; Scope Imports boys’ hooded 

sweatshirts; Liberty Apparel Jewel girls’ 

hooded sweatshirts; Rebelette girls’ 

hooded sweatshirts; Kids with Character 

bongo jackets; GWB II French Fries/ 

Heartbreakers Club hooded henleys; 

Siegfried & Parzival Karl Kani 

sweatshirts; and U.S. Design Group 

Request Jeans sweatshirts. From July to 

August, 2008, Marshalls held for sale 

and/or sold the following children’s 

upper outerwear products with 

drawstrings at the hood or neck: nZania/ 

Element hoodies; and Seven Apparel 

Group hooded sweatshirts. The 

products identified in this paragraph are 

collectively referred to herein as 

‘‘Sweatshirts.’’ These Sweatshirts 

identifications correspond to and are 

coextensive with information Marshalls 

reported to the Staff about the 

Sweatshirts. 

5. Marshalls sold Sweatshirts to 

consumers. 

6. The Sweatshirts are ‘‘consumer 

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

hereto, Marshalls was a ‘‘retailer’’ of 

those consumer products, which were 

‘‘distributed in commerce,’’ as those 

terms are defined in CPSA sections 

3(a)(5), (8), and (13), 15 U.S.C. 

2052(a)(5), (8), and (13). 

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. Marshalls informed the 

Commission that there had been no 

incidents or injuries from the 

Sweatshirts. 

11. Marshall’s distribution in 

commerce of the Sweatshirts 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. Recalls have been announced 

regarding the Sweatshirts as warranted. 

13. Marshalls had presumed and had 

actual knowledge that the Sweatshirts 

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). Marshalls had obtained 

information that reasonably supported 

the conclusion that the Sweatshirts 

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 Marshalls to immediately 

inform the Commission of the defect 

and risk. 

14. Marshalls knowingly failed to 

immediately inform the Commission 

about the Sweatshirts 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 Marshalls to civil penalties. 

Marshalls’s Response 

15. Marshalls denies the Staff’s 

allegations set forth above, including, 

but not limited to, any allegation that 

Marshalls failed timely to notify the 

Commission in accordance with section 

15 of the CPSA. 

16. Marshalls requires that its vendors 

represent and warrant that all products 

sold to Marshalls comply with all 

applicable regulations, standards and 

requirements. 

17. Marshalls promptly notified the 

Commission pursuant to section 15 of 

the CPSA without first being contacted 

by the Commission upon verifying that 

certain garments contained drawstrings 

at the hood or neck. 

18. Marshalls fully cooperated with 

the Commission in providing 

information necessary for the 

Commission to determine, with the 

vendor, whether a recall was warranted 

and whether the vendor had sold 

affected garments to any other retailers. 

19. Marshalls has entered into the 

Agreement for settlement purposes only, 

to avoid incurring additional expenses 

and the distraction of litigation. The 

Agreement and Order do not constitute 

and are not evidence of any fault or 

wrongdoing by Marshalls. 

Agreement of the Parties 

20. Under the CPSA, the Commission 

has jurisdiction over this matter and 

over Marshalls. 

21. The parties enter into the 

Agreement for settlement purposes only. 

The Agreement does not constitute an 

admission by Marshalls, or a 

determination by the Commission, that 

Marshalls knowingly violated the CPSA. 

22. In settlement of the Staff’s 

allegations, Marshalls shall pay a civil 

penalty in the amount of two hundred 

thirty-five thousand dollars 

($235,000.00) 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. 

23. 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. 

24. Upon the Commission’s final 

acceptance of the Agreement and 

mstockstill on PROD1PC66 with NOTICES

17650 Federal Register / Vol. 74, No. 72 / Thursday, April 16, 2009 / Notices 

issuance of the final Order, Marshalls 

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 Marshalls 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. 

25. The Commission may publicize 

the terms of the Agreement and the 

Order. 

26. The Agreement and the Order 

shall apply to, and be binding upon, 

Marshalls and each of its successors and 

assigns. 

27. The Commission issues the Order 

under the provisions of the CPSA, and 

violation of the Order may subject 

Marshalls to appropriate legal action. 

28. 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. 

29. 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 Marshalls 

agree that severing the provision 

materially affects the purpose of the 

Agreement and the Order. 

Marshalls of MA, Inc. 

Dated: March 2, 2009. 

By: 

Ann McCauley, 

Secretary, Marshalls of MA, Inc., 770 

Cochituate Road, Framingham, MA 01701. 

Dated: March 3, 2009. 

By: 

Eric A. Rubel, Esq., 

Arnold & Porter LLP, 555 12th Street, NW., 

Washington, DC 20004–1206. 

Counsel for Marshalls of MA, Inc. 

U.S. Consumer Product Safety Commission 

Staff. 

Cheryl A. Falvey, 

General Counsel. 

Ronald G. Yelenik, 

Assistant General Counsel, Division of 

Compliance, Office of the General Counsel. 

Dated: March 6, 2009. 

By: 

Seth B. Popkin, 

Lead Trial Attorney, Division of Compliance, 

Office of the General Counsel. 

Order 

Upon consideration of the Settlement 

Agreement entered into between 

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

the U.S. Consumer Product Safety 

Commission (‘‘Commission’’) staff, and 

the Commission having jurisdiction 

over the subject matter and over 

Marshalls, 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 Marshalls shall 

pay a civil penalty in the amount of two 

hundred thirty-five thousand dollars 

($235,000.00) 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 Marshalls to make the foregoing 

payment when due, interest on the 

unpaid amount shall accrue and be paid 

by Marshalls 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. E9–8712 Filed 4–15–09; 8:45 am] 

BILLING CODE 6355–01–P 

CONSUMER PRODUCT SAFETY 

COMMISSION 

[CPSC Docket No. 09–C0015] 

Forman Mills, 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 Forman 

Mills, Inc, containing a civil penalty of 

$35,000.00. 

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–C0015, Office of the 

Secretary, Consumer Product Safety 

Commission, 4330 East West Highway, 

Room 502, Bethesda, Maryland 20814– 

4408. 

FOR FURTHER INFORMATION CONTACT: 

Dennis C. Kacoyanis, Trial Attorney, 

Division of Compliance, Office of the 

General Counsel, Consumer Product 

Safety Commission, 4330 East West 

Highway, Bethesda, Maryland 20814– 

4408; telephone (301) 504–7587. 

SUPPLEMENTARY INFORMATION: The text of 

the Agreement and Order appears 

below. 

April 9, 2009. 

Todd A. Stevenson, 

Secretary. 

Settlement Agreement 

1. In accordance with 16 CFR 1118.20, 

Forman Mills, Inc. (‘‘Forman Mills’’) 

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. Forman Mills is a corporation 

organized and existing under the laws of 

the State of Pennsylvania, with its 

principal offices located in Pennsauken, 

NJ. Forman Mills is a clothing retailer. 

Staff Allegations 

4. On or about August 30, 2007, 

Forman Mills purchased from a U.S. 

importer approximately 2,292 boy’s 

hooded sweatshirts with drawstrings 

(‘‘Drawstring Sweatshirts’’). 

5. Forman Mills sold the Drawstring 

Sweatshirts to consumers. 

6. The Drawstring Sweatshirts are 

‘‘consumer product[s],’’ and, at all times 

relevant hereto, Forman Mills was a 

‘‘retailer’’ of those consumer products, 

which were ‘‘distributed in commerce,’’ 

as those terms are defined in CPSA 

mstockstill on PROD1PC66 with NOTICES