46876 Federal Register / Vol. 73, No. 156 / Tuesday, August 12, 2008 / Notices 

firm violated 15 U.S.C. 2068, where the total 

amount of the settlement involves no more 

than $100,000. 

A & R Knitwear, Inc. 

Dated: 7/21/08. 

By: /s/ David Rosenbluth, 

David Rosenbluth, 

President, A & R Knitwear, Inc., 530 7th 

Avenue, Suite 901, New York, NY 10018. 

Dated: 7/25/08. 

By: /s/ Michael T. Cone, 

Michael T. Cone, Esquire, 

Neville Peterson, LLP 17 State Street, 19th 

Floor, New York, NY 10004, Attorney for A 

& R Knitwear, Inc. 

U.S. Consumer Product Safety Commission 

Staff 

J. Gibson Mullan, 

Assistant Executive Director, Office of 

Compliance and Field Operations. 

Ronald G. Yelenik, 

Acting Director, Legal Division, Office of 

Compliance and Field Operations. 

Dated: 7/31/08. 

By: /s/ Dennis C. Kacoyams, 

Dennis C. Kacoyams, 

Trial Attorney, Legal Division, Office of 

Compliance and Field Operations. 

United States of America 

Consumer Product Safety Commission 

In the Matter of A & R Knitwear, Inc., CPSC 

Docket No. 08–C16 

Order 

Upon consideration of the Settlement 

Agreement entered into between A & R 

Knitwear, Inc. (‘‘A & R’’) and the U.S. 

Consumer Product Safety Commission 

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

having jurisdiction over the subject matter 

and over A & R, and pursuant to the authority 

delegated in section 6(d) of the Interim 

Delegation of Authority ordered by the 

Commission on February 1, 2008, 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 A & R shall pay a civil penalty 

in the amount of thirty-five thousand dollars 

($35,000.00) 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 A & R to make the foregoing 

payment when due, interest on the unpaid 

amount shall accrue and be paid by A & R 

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 4th day of August, 2008. 

By Order of the Commission. 

Todd A. Stevenson, 

Secretary, U.S. Consumer Product Safety 

Commission. 

[FR Doc. E8–18403 Filed 8–11–08; 8:45 am] 

BILLING CODE 6355–01–M 

CONSUMER PRODUCT SAFETY 

COMMISSION 

[CPSC Docket No. 08–C0013] 

AJ Blue 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 AJ Blue 

LLC, containing a civil penalty of 

$40,000.00. 

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 August 27, 

2008. 

ADDRESSES: Persons wishing to 

comment on this Settlement Agreement 

should send written comments to 

Comment 08–C0013, 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, Trial Attorney, Legal 

Division, Office of Compliance and 

Field Operations, 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: August 5, 2008. 

Todd A. Stevenson, 

Secretary. 

United States of America 

Consumer Product Safety Commission 

In the Matter of AJ Blue LLC, CPSC Docket 

No. 08–C0013. 

Settlement Agreement 

1. In accordance with 16 CFR 1118.20, AJ 

Blue LLC, d/b/a Apollo Jeans (‘‘AJB’’) 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. 2051–2084 (‘‘CPSA’’). 

3. AJB is a corporation organized and 

existing under the laws of New York, with its 

principal offices located in New York, New 

York. At all times relevant hereto, AJB sold 

apparel. 

Staff Allegations 

4. On July 11, 2007, AJB imported 13,728 

Apollo Active Wear girls’ hooded jackets 

with drawstrings at the hood (‘‘Jackets’’). On 

August 17, 2007, AJB sold and/or distributed 

in commerce the Jackets. 

5. A nationwide retailer sold the Jackets to 

consumers. 

6. The Jackets are ‘‘consumer product[s],’’

and, at all times relevant hereto, AJB was a 

‘‘manufacturer’’ of those consumer products, 

which were ‘‘distributed in commerce,’’ as 

those terms are defined in CPSA sections 

3(a)(1), (4), (11), and (12), 15 U.S.C. 

2052(a)(1), (4), (11), and (12). 

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. AJB informed the Commission that 

there had been no incidents or injuries from 

the Jackets. 

11. AJB’s distribution in commerce of the 

Jackets 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 January 31, 2008, the Commission 

and AJB announced a recall of the Jackets. 

13. AJB had presumed and actual 

knowledge that the Jackets 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). AJB had obtained 

information that reasonably supported the 

conclusion that the Jackets contained a defect 

that could create a substantial product hazard 

or that they created an unreasonable risk of 

serious injury or death. CPSA sections 


sroberts on PROD1PC70 with NOTICES
Federal Register / Vol. 73, No. 156 / Tuesday, August 12, 2008 / Notices 46877 

15(b)(2) and (3), 15 U.S.C. 2064(b)(2) and (3), 

required AJB to immediately inform the 

Commission of the defect and risk. 

14. AJB knowingly failed to immediately 

inform the Commission about the Jackets as 

required by CPSA sections 15(b)(2) and (3), 

15 U.S.C. 2064(b)(2) and (3), 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 AJB to civil penalties. 

AJB’s Response 

15. AJB denies the Staff’s allegations above 

that AJB knowingly violated the CPSA. 

Agreement of the Parties 

16. Under the CPSA, the Commission has 

jurisdiction over this matter and over AJB. 

17. The parties enter into the Agreement 

for settlement purposes only. The Agreement 

does not constitute an admission by AJB, or 

a determination by the Commission, that AJB 

has knowingly violated the CPSA. 

18. In settlement of the Staff’s allegations, 

AJB shall pay a civil penalty in the amount 

of forty thousand dollars ($40,000.00) 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, AJB 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 AJB 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, AJB 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 AJB 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 AJB agree 

that severing the provision materially affects 

the purpose of the Agreement and the Order. 

26. Pursuant to section 6(d) of the Interim 

Delegation of Authority ordered by the 

Commission on February 1, 2008, the 

Commission delegated to the Assistant 

Executive Director for Compliance and Field 

Operations the authority to act, with the 

concurrence of the General Counsel, for the 

Commission under 16 C.F.R. § 1118.20 with 

respect to Staff allegations that any person or 

firm violated 15 U.S.C. 2068, where the total 

amount of the settlement involves no more 

than $100,000. 

AJ Blue LLC. 

Dated: 6–25–08. 

By: Edward Alfaks, 

President, AJ Blue LLC, 1407 Broadway, Suite 

2004, New York, NY 10018. 

U.S. Consumer Product Safety Commission 

Staff. 

J. Gibson Mullan, 

Assistant Executive Director, Office of 

Compliance and Field Operations. 

Ronald G. Yelenik, 

Acting Director, Legal Division, Office of 

Compliance and Field Operations. 

Dated: 7–7–08. 

By: Seth B. Popkin, 

Trial Attorney, Legal Division, Office of 

Compliance and Field Operations. 

United States of America 

Consumer Product Safety Commission 

In the Matter of AJ Blue LLC., CPSC Docket 

No. 08–C0013. 

Order 

Upon consideration of the Settlement 

Agreement entered into between AJ Blue 

LLC, d/b/a Apollo Jeans (‘‘AJB’’) and the U.S. 

Consumer Product Safety Commission 

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

having jurisdiction over the subject matter 

and over AJB, and pursuant to the authority 

delegated in section 6(d) of the Interim 

Delegation of Authority ordered by the 

Commission on February 1, 2008, 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 AJB shall pay a civil penalty in 

the amount of forty thousand dollars 

($40,000.00) 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 AJB to make the foregoing payment 

when due, interest on the unpaid amount 

shall accrue and be paid by AJB 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 4th day of August, 2008. 

By Order of the Commission. 

Todd A. Stevenson, 

Secretary, U.S. Consumer Product Safety 

Commission. 

[FR Doc. E8–18397 Filed 8–11–08; 8:45 am] 

BILLING CODE 6355–01–M 

CONSUMER PRODUCT SAFETY 

COMMISSION 

(CPSC Docket No. 08–C0018) 

Cobmex, 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 Cobmex, 

Inc., containing a civil penalty of 

$25,000.00. 

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 (insert 

date that is 15 calendar days from 

publication date). 

ADDRESSES: Persons wishing to 

comment on this Settlement Agreement 

should send written comments to the 

Comment 08-C0018, 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, 

Legal Division, Office of Compliance 

and Field Operations, 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. 

August 5, 2008 

Todd A. Stevenson 

Secretary 

United States of America 

Consumer Product Safety Commission 

In the Matter of Cobmex, Inc., CPSC Docket 

No. 08–C0018. 


sroberts on PROD1PC70 with NOTICES