New ICM L.P., Provisional Acceptance of a Settlement Agreement and Order, 793-795 [05-112]
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Federal Register / Vol. 70, No. 3 / Wednesday, January 5, 2005 / Notices
Issuing a directive to the
Commissioner, Bureau of Customs and
Border Protection canceling all previous
directives concerning visa requirements
for Laos.
ACTION:
EFFECTIVE DATE:
January 1, 2005.
SUPPLEMENTARY INFORMATION:
Authority: Executive Order 11651 of March
3, 1972, as amended; Section 204 of the
Agricultural Act of 1956, as amended (7
U.S.C. 1854).
Due to the expiration on December 31,
2004 of the bilateral textile agreement
with Laos, the United States is
cancelling visa requirements for textile
products from Laos exported after that
date.
In the letter below, CITA is directing
the Bureau of Customs and Border
Protection to cancel all textile visa
requirements for goods exported from
Laos on and after January 1, 2005.
D. Michael Hutchinson,
Acting Chairman, Committee for the
Implementation of Textile Agreements.
Committee for the Implementation of Textile
Agreements
December 30, 2004.
Commissioner,
Bureau of Customs and Border Protection,
Washington, D.C. 20229.
Dear Commissioner: This directive cancels
all previous directives issued to you by the
Chairman, Committee for the Implementation
of Textile Agreements concerning textile visa
requirements for goods produced or
manufactured in Laos. Effective for such
goods exported from Laos on and after
January 1, 2005, you are directed not to
require a textile visa for entry into the
Customs territory of the United Sates.
The Committee for the Implementation of
Textile Agreement has determined that this
action falls within the foreign affairs
exception to 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. 05–196 Filed 1–4–05; 8:45 am]
17:49 Jan 04, 2005
Jkt 205001
Committee for the
Implementation of Textile Agreements
(CITA).
ACTION: Issuing a directive to the
Commissioner, Bureau of Customs and
Border Protection suspending all
previous directives concerning visa
requirements for Ukraine.
AGENCY:
Philip J. Martello, Director, Trade and
Data Division, Office of Textiles and
Apparel, U.S. Department of Commerce,
(202) 482-3400.
VerDate jul<14>2003
Suspension of Textile Visa
Requirements for Ukraine
December 30, 2004.
FOR FURTHER INFORMATION CONTACT:
BILLING CODE 3510–DS–S
COMMITTEE FOR THE
IMPLEMENTATION OF TEXTILE
AGREEMENTS
EFFECTIVE DATE:
January 1, 2005.
FOR FURTHER INFORMATION CONTACT:
Philip J. Martello, Director, Trade and
Data Division, Office of Textiles and
Apparel, U.S. Department of Commerce,
(202) 482-3400.
SUPPLEMENTARY INFORMATION:
Authority: Executive Order 11651 of March
3, 1972, as amended; Section 204 of the
Agricultural Act of 1956, as amended (7
U.S.C. 1854).
Due to the expiration on December 31,
2004 of the bilateral textile agreement
with Ukraine, the United States is
suspending visa requirements for textile
products from Ukraine exported after
that date.
Negotiations on extension of the
bilateral agreement are ongoing with
Ukraine. Visa requirements may be
reinstated upon extension of the
bilateral agreement.
In the letter below, CITA is directing
the Bureau of Customs and Border
Protection to temporarily suspend all
textile visa requirements for goods
exported from Ukraine on and after
January 1, 2005.
D. Michael Hutchinson,
Acting Chairman, Committee for the
Implementation of Textile Agreements.
Committee for the Implementation of Textile
Agreements
December 30, 2004.
Commissioner,
Bureau of Customs and Border Protection,
Washington, D.C. 20229.
Dear Commissioner: This directive
suspends all previous directives issued to
you by the Chairman, Committee for the
Implementation of Textile Agreements
concerning textile visa requirements for
goods produced or manufactured in Ukraine,
covering wool textile products subject to the
quota limits under the United States Ukraine bilateral textile agreement. Effective
for such goods exported from Ukraine on and
after January 1, 2005, you are directed not to
require a textile visa for entry into the
Customs territory of the United States.
The Committee for the Implementation of
Textile Agreement has determined that this
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793
action falls within the foreign affairs
exception to 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. 05–197 Filed 1–4–05; 8:45 am]
BILLING CODE 3510–DS–S
CONSUMER PRODUCT SAFETY
COMMISSION
[CPSC Docket No. 05–C0004]
New ICM L.P., Provisional Acceptance
of a Settlement Agreement and Order
Consumer Product Safety
Commission.
ACTION: Notice.
AGENCY:
SUMMARY: It is the policy of the
Commission to publish settlements
which it provisionally accepts under the
Flammable Fabrics Act in the Federal
Register in accordance with the terms of
16 CFR 1605.13. Published below is a
provisionally-accepted Settlement
Agreement with New ICM L.P.
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 January
20, 2005.
ADDRESSES: Persons wishing to
comment on this Settlement Agreement
should send written comments to the
Comment 05–C0004, Office of the
Secretary, Consumer Product Safety
Commission, Washington, DC 20207.
FOR FURTHER INFORMATION CONTACT:
Dennis C. Kacoyanis, Trial Attorney,
Office of Compliance, Consumer
Product Safety Commission,
Washington, DC 20207; telephone (301)
504–7587.
SUPPLEMENTARY INFORMATION: The text of
the Agreement and Order appears
below.
Dated: December 29, 2004.
Todd A. Stevenson,
Secretary.
Consent Order Agreement
NEW ICM L.P. (‘‘Respondent’’ or
‘‘NEW ICM’’) a limited partnership,
enters into this Consent Order
Agreement (‘‘Agreement’’) with the staff
of the Consumer Product Safety
Commission (‘‘the staff’’) pursuant to
the procedures set forth in section
1605.13 of the Commission’s Procedures
for Investigations, Inspections, and
Inquiries under the Flammable Fabrics
Act, 16 CFR 1605.
This Agreement and Order are for the
purpose of settling allegations of the
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05JAN1
794
Federal Register / Vol. 70, No. 3 / Wednesday, January 5, 2005 / Notices
staff that Respondent manufactured and
sold purple satin pajamas made from
100% polyester and rosebud print
nightgowns made from 100% polyester
that failed to comply with the Standards
for the Flammability of Children’s
Sleepwear (‘‘Sleepwear Standards’’), 16
CFR parts 1615 and 1616.
Respondent and the Staff Agree
1. The Consumer Product Safety
Commission (‘‘Commission’’) is an
independent regulatory agency of the
United States Government. The
Commission has jurisdiction over this
matter under the Consumer Product
Safety Act (CPSA), 15 U.S.C. 2051 et
seq., the Flammable Fabrics Act (FFA),
15 U.S.C. 1191 et seq., and the Federal
Trade Commission Act (FTCA), 15
U.S.C. 41 et seq.
2. Respondent is a limited partnership
organized and existing under the laws of
the State of Texas with its principal
corporate offices located at 220 Sam
Bishkin Dr., El Campo, Texas 77437.
3. Respondent is now, and has been
engaged in one or more of the following
activities: the manufacture for sale, the
sale, or the offering for sale, in
commerce, or the importation into the
United States, or the introduction,
delivery for introduction, transportation
or causing to be transported, in
commerce, or the sale or delivery after
sale or shipment in commerce,
children’s sleepwear garments that are
subject to the Sleepwear Standards.
4. This Agreement is for the purpose
of settling the allegations of the
accompanying Complaint. This
Agreement does not constitute an
admission by Respondent that it
violated the law. The Agreement
becomes effective only upon its final
acceptance by the Commission and
service of the incorporated Order upon
Respondent.
5. The parties agree that this Consent
Order Agreement resolves the
allegations of the Complaint and the
Commission shall not initiate any civil
or administrative action against
Respondent for those alleged violations
set forth in the Complaint.
6. Upon final acceptance of this
Agreement by the Commission and
issuance of the Final Order, Respondent
knowingly, voluntarily, and completely
waives any rights it may have in this
matter (a) To an administrative or
judicial hearing, (b) to judicial review or
other challenge or contest of the validity
of the Commission’s actions, (c) to a
determination by the Commission as to
whether Respondent failed to comply
with the CPSA, FFA, FTCA, and the
underlying regualtions, (d) to a
statement of findings of fact and
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17:49 Jan 04, 2005
Jkt 205001
conclusions of law, and (e) to any
claims under the Equal Access to Justice
Act.
7. Upon provisional acceptance of this
Agreement by the Commission, this
Agreement shall be placed on the public
record and shall be published in the
Federal Register in accordance with the
procedures set forth in 16 CFR
1605.13(d). If the Commission does not
receive any written objections within 15
days, the Agreement will be deemed
finally accepted on the 20th day after
the date it is published in the Federal
Register.
8. In settlement of the staff’s
allegations of the Compliant,
Respondent agrees to comply with the
attached Order incorporated herein by
reference.
9. Upon a violation of the attached
Order by Respondent, the Commission
reserves the right to take appropriate
legal action against Respondent for all
violations listed in the Complaint and
for all violations occurring after the date
of this Agreement and Respondent
waives the statute of limitations.
10. For any violation occurring after
the date of this Agreement, if the
Commission finds that Respondent has
manufactured for sale, sold, or offered
for sale, in commerce, or imported into
the United States, or introduced,
delivered for introduction, transported
or caused to be transported, in
commerce, of any product, fabric, or
related material which fails to comply
with the Flammable Fabrics Act and the
underlying regulations, Respondent will
pay to the Commission upon demand a
penalty in the amount of five (5) times
the retail value of the product(s) in
question. For purposes of this
Agreement the term ‘‘product(s) in
questions’’ shall mean product(s) that
fail to comply with the FFA and the
implementing regulations. This
provision does not preclude the
Commission from taking additional
action under sections 5, 6, and 7 of the
FFA, 15 U.S.C. 1194, 1195, and 1196;
sections 10 and 17(b) of the FTCA, 15
U.S.C. 50 and 57(b); and any other
pertinent legal provisions.
11. Respondent reserves its right to
challenge the Commission’s findings
under paragraphs 9 and 10 of this
Agreement before the Commission and
to have the court review whether the
Commission’s decision was arbitrary
and capricious.
12. The Commission may publicize
the terms of this Consent Order
Agreement.
13. This Agreement, and the
Complaint accompanying the
Agreement, may be used in interpreting
the Order. Agreements, understandings,
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representations, or interpretations made
outside this Consent Order Agreement
may not be used to vary or contradict its
terms.
14. Upon acceptance of the
Agreement, the Commission shall issue
the following Order.
15. The provisions of this Agreement
shall apply to Respondent and each of
its successors and assigns.
Respondent New ICM L.P.
Dated: September 22, 2004.
Daniel Zalman, President,
New ICM L.P., 220 Sam Bishkin Dr., El
Campo, Texas 77437.
Dated: September 21, 2004.
J. Michael Jordan, Esquire,
Gardere Wynne Sewell LLP, Attorneys for
New ICM L.P., 1000 Louisiana, Suite 3400,
Houston, Texas 77002–5007.
Commissions Staff
Alan H. Schoem,
Assistant Executive Director, Office of
Compliance, Consumer Product Safety
Commission, Washington, DC 20207–0001.
Eric L. Stone,
Director, Legal Division, Office of
Compliance.
Dated: September 29, 2004.
Dennis G. Kacoyanis,
Trial Attorney, Office of Compliance.
Complaint
Nature of Proceedings
Pursuant to the provisions of the
Flammable Fabrics Act (FFA), as
amended, 15 U.S.C. 1191 et seq.; the
Federal Trade Commission Act (FTCA),
as amended, 15 U.S.C. 41 et seq.; and
the Standards for the Flammability of
Children’s Sleepwear (Sleepwear
Standards), 16 CFR parts 1615 and 1616,
the Consumer Product Safety
Commission having reason to believe
that NEW ICM L.P., 220 Sam Bishkin
Dr., El Campo, TX 77437 has violated
the provisions of said Acts; and further
it appearing to the Commission that a
proceeding by it in respect to those
violations would be in the public
interest, therefore, it hereby issues its
Complaint stating its charges as follows:
1. Respondent NEW ICM, L.P. is a
limited partnership organized and
existing under the laws of the State of
Texas, with its principal place of
business located at 220 Sam Bishkin Dr.,
El Campo, TX 77437.
2. Respondent NEW ICM L.P. is now
and has been engaged in the
manufacture for sale, the sale, or the
offering for sale, in commerce, or the
importation into the United States, or
the introduction, delivery for
introduction, transportation or causing
to be transported, in commerce, or the
sale or delivery after a sale or shipment
in commerce, as the term ‘‘commerce’’
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05JAN1
Federal Register / Vol. 70, No. 3 / Wednesday, January 5, 2005 / Notices
is defined in section 2(b) of the FFA, 15
U.S.C. 1191(b), ‘‘children’s sleepwear’’
as defined in 16 CFR 1615.1 and 1616.1.
3. In 2001, Respondent NEW ICM L.P.
manufactured for sale, sold, and offered
for sale, in commerce, introduced,
delivered for introduction, transported
or caused for to be transported, in
commerce, and sold or delivered after a
sale or shipment in commerce 2,103
pairs of purple satin pajamas, GPU
072899, made from 100% polyester that
failed to meet the flammability
requirements of the Children’s
Sleepwear Standards, 16 CFR parts 1615
and 1615, in violation of section 3(a) of
the FFA, 15 U.S.C. 1192(a).
4. In 2001, Respondent NEW ICM L.P.
manufactured for sale, sold, and offered
for sale, in commerce, introduced,
delivered for introduction, transported
or caused to be transported, in
commerce, and sold or delivered after a
sale or shipment in commerce 3,564
rosebud print nightgowns, GPU 072600,
made from 100% polyester that failed to
meet the flammability requirements of
the Children’s Sleepwear Standards, 16
CFR parts 1615 and 1616, in violation
of section 3(a) of the FFA, 15 U.S.C.
1192(a).
5. The acts by Respondent NEW ICM
L.P. set forth in paragraphs 3 and 4 of
the complaint are unlawful and
constitute an unfair method of
competition and an unfair and
deceptive practice in commerce under
the FTCA, in violation of section 3(a) of
the FFA, 15 U.S.C. 1192(a), for which a
cease and desist order may be issued
against Respondent pursuant to section
5(b) of the FFA, 15 U.S.C. 1194(b), and
section 5 of the FTCA, 15 U.S.C. 45.
15 U.S.C. 41 et seq., it is hereby ordered
that Respondent NEW ICM L.P. its
successors, and assigns, agents,
representatives, and employees, directly
or through any corporation, subsidiary,
division, or other business entity, or
through any agency, device, or
instrumentality, do forthwith cease and
desist from manufacturing for sale,
selling, or offering for sale, in
commerce, or importing into the United
States or introducing, delivering for
introduction, transporting or causing to
be transported, in commerce, any
product, fabric, or related material that
fails to comply with the Flammable
Fabrics Act and the underlying
regulations.
It is further ordered that following
service upon Respondent NEW ICM L.P.
of the Final Order in this matter,
Respondent NEW ICM L.P. will notify
the Commission within 30 days
following the consummation of the sale
of a majority of its stock or following a
change in any of its corporate officers
responsible for compliance with the
terms of this Consent Agreement and
Order.
By direction of the Commission, this
Consent Agreement and Order is
provisionally accepted pursuant to 16
CFR 1605.13, and shall be placed on the
public record, and the Secretary is
directed to publish the provisional
acceptance of the Consent Order
Agreement in the Commission’s Public
Calendar and in the Federal Register.
Relief Sought
[FR Doc. 05–112 Filed 1–4–04; 8:45 am]
6. The staff seeks the issuance of a
cease and desist order against
Respondent NEW ICM L.P. pursuant to
section 5(b) of the FFA, 15 U.S.C.
1194(b), and section 5 of the FTCA, 15
U.S.C. 45.
BILLING CODE 6355–01–M
Wherefore, the premises considered, the
Commission hereby issues this Complaint on
the 29th day of December, 2004.
By direction of the Commission.
Nicholas V. Marchica,
Acting Assistant Executive Director, Office of
Compliance.
Information Collection Requirement;
Defense Federal Acquisition
Regulation Supplement; Taxes
Order
I.
The Commission having jurisdiction
over Respondent NEW ICM L.P. and
over this matter under the Consumer
Product Safety Act (CPSA), 15 U.S.C.
2051 et seq., the Flammable Fabrics Act
(FFA), 15 U.S.C. 1191 et seq., and the
Federal Trade Commission Act (FTCA),
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17:49 Jan 04, 2005
Jkt 205001
So ordered by the Commission, this 29th
day of December 2004.
Todd A. Stevenson,
Secretary,
Consumer Product Safety Commission.
DEPARTMENT OF DEFENSE
[OMB Control Number 0704–0390]
Department of Defense (DoD).
Notice and request for
comments regarding a proposed
extension of an approved information
collection requirement.
AGENCY:
ACTION:
SUMMARY: In compliance with Section
3506(c)(2)(A) of the Paperwork
Reduction Act of 1995 (44 U.S.C.
Chapter 35), DoD announces the
proposed extension of a public
information collection requirement and
seeks public comment on the provisions
thereof. DoD invites comments on: (a)
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795
Whether the proposed collection of
information is necessary for the proper
performance of the functions of DoD,
including whether the information will
have practical utility; (b) the accuracy of
the estimate of the burden of the
proposed information collection; (c)
ways to enhance the quality, utility, and
clarity of the information to be
collected; and (d) ways to minimize the
burden of the information collection on
respondents, including the use of
automated collection techniques or
other forms of information technology.
The Office of Management and Budget
(OMB) has approved this information
collection requirement for use through
March 31, 2005. DoD proposes that
OMB extend its approval for use
through March 31, 2008.
DATES: DoD will consider all comments
received by March 7, 2005.
ADDRESSES: You may submit comments,
identified by OMB Control Number
0704–0390, using any of the following
methods:
• Defense Acquisition Regulations
Web Site: https://emissary.acq.osd.mil/
dar/dfars.nsf/pubcomm. Follow the
instructions for submitting comments.
• E-mail: dfars@osd.mil. Include
OMB Control Number 0704–0390 in the
subject line of the message.
• Fax: (703) 602–0350.
• Mail: Defense Acquisition
Regulations Council, Attn: Mr. Euclides
Barrera, OUSD(AT&L)DPAP(DAR), IMD
3C132, 3062 Defense Pentagon,
Washington, DC 20301–3062.
• Hand Delivery/Courier: Defense
Acquisition Regulations Council,
Crystal Square 4, Suite 200A, 241 18th
Street, Arlington, VA 22202–3402.
All comments received will be posted
to https://emissary.acq.osd.mil/dar/
dfars.nsf.
Mr.
Euclides Barrera, (703) 602–0296. The
information collection requirements
addressed in this notice are available
electronically on the Internet at: https://
www.acq.osd.mil/dpap/dfars/
index.htm. Paper copies are available
from Mr. Euclides Barrera,
OUSD(AT&L)DPAP(DAR), IMD 3C132,
3062 Defense Pentagon, Washington, DC
20301–3062.
SUPPLEMENTARY INFORMATION:
Title and OMB Number: Defense
Federal Acquisition Regulation
Supplement (DFARS) Part 229, Taxes,
and related clause in DFARS 252.229;
OMB Control Number 0704–0390.
Needs and Uses: DoD uses this
information to determine if DoD
contractors in the United Kingdom have
attempted to obtain relief from customs
FOR FURTHER INFORMATION CONTACT:
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05JAN1
Agencies
[Federal Register Volume 70, Number 3 (Wednesday, January 5, 2005)]
[Notices]
[Pages 793-795]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-112]
=======================================================================
-----------------------------------------------------------------------
CONSUMER PRODUCT SAFETY COMMISSION
[CPSC Docket No. 05-C0004]
New ICM L.P., 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 Flammable Fabrics Act in the
Federal Register in accordance with the terms of 16 CFR 1605.13.
Published below is a provisionally-accepted Settlement Agreement with
New ICM L.P.
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 January 20, 2005.
ADDRESSES: Persons wishing to comment on this Settlement Agreement
should send written comments to the Comment 05-C0004, Office of the
Secretary, Consumer Product Safety Commission, Washington, DC 20207.
FOR FURTHER INFORMATION CONTACT: Dennis C. Kacoyanis, Trial Attorney,
Office of Compliance, Consumer Product Safety Commission, Washington,
DC 20207; telephone (301) 504-7587.
SUPPLEMENTARY INFORMATION: The text of the Agreement and Order appears
below.
Dated: December 29, 2004.
Todd A. Stevenson,
Secretary.
Consent Order Agreement
NEW ICM L.P. (``Respondent'' or ``NEW ICM'') a limited partnership,
enters into this Consent Order Agreement (``Agreement'') with the staff
of the Consumer Product Safety Commission (``the staff'') pursuant to
the procedures set forth in section 1605.13 of the Commission's
Procedures for Investigations, Inspections, and Inquiries under the
Flammable Fabrics Act, 16 CFR 1605.
This Agreement and Order are for the purpose of settling
allegations of the
[[Page 794]]
staff that Respondent manufactured and sold purple satin pajamas made
from 100% polyester and rosebud print nightgowns made from 100%
polyester that failed to comply with the Standards for the Flammability
of Children's Sleepwear (``Sleepwear Standards''), 16 CFR parts 1615
and 1616.
Respondent and the Staff Agree
1. The Consumer Product Safety Commission (``Commission'') is an
independent regulatory agency of the United States Government. The
Commission has jurisdiction over this matter under the Consumer Product
Safety Act (CPSA), 15 U.S.C. 2051 et seq., the Flammable Fabrics Act
(FFA), 15 U.S.C. 1191 et seq., and the Federal Trade Commission Act
(FTCA), 15 U.S.C. 41 et seq.
2. Respondent is a limited partnership organized and existing under
the laws of the State of Texas with its principal corporate offices
located at 220 Sam Bishkin Dr., El Campo, Texas 77437.
3. Respondent is now, and has been engaged in one or more of the
following activities: the manufacture for sale, the sale, or the
offering for sale, in commerce, or the importation into the United
States, or the introduction, delivery for introduction, transportation
or causing to be transported, in commerce, or the sale or delivery
after sale or shipment in commerce, children's sleepwear garments that
are subject to the Sleepwear Standards.
4. This Agreement is for the purpose of settling the allegations of
the accompanying Complaint. This Agreement does not constitute an
admission by Respondent that it violated the law. The Agreement becomes
effective only upon its final acceptance by the Commission and service
of the incorporated Order upon Respondent.
5. The parties agree that this Consent Order Agreement resolves the
allegations of the Complaint and the Commission shall not initiate any
civil or administrative action against Respondent for those alleged
violations set forth in the Complaint.
6. Upon final acceptance of this Agreement by the Commission and
issuance of the Final Order, Respondent knowingly, voluntarily, and
completely waives any rights it may have in this matter (a) To an
administrative or judicial hearing, (b) to judicial review or other
challenge or contest of the validity of the Commission's actions, (c)
to a determination by the Commission as to whether Respondent failed to
comply with the CPSA, FFA, FTCA, and the underlying regualtions, (d) to
a statement of findings of fact and conclusions of law, and (e) to any
claims under the Equal Access to Justice Act.
7. Upon provisional acceptance of this Agreement by the Commission,
this Agreement shall be placed on the public record and shall be
published in the Federal Register in accordance with the procedures set
forth in 16 CFR 1605.13(d). If the Commission does not receive any
written objections within 15 days, the Agreement will be deemed finally
accepted on the 20th day after the date it is published in the Federal
Register.
8. In settlement of the staff's allegations of the Compliant,
Respondent agrees to comply with the attached Order incorporated herein
by reference.
9. Upon a violation of the attached Order by Respondent, the
Commission reserves the right to take appropriate legal action against
Respondent for all violations listed in the Complaint and for all
violations occurring after the date of this Agreement and Respondent
waives the statute of limitations.
10. For any violation occurring after the date of this Agreement,
if the Commission finds that Respondent has manufactured for sale,
sold, or offered for sale, in commerce, or imported into the United
States, or introduced, delivered for introduction, transported or
caused to be transported, in commerce, of any product, fabric, or
related material which fails to comply with the Flammable Fabrics Act
and the underlying regulations, Respondent will pay to the Commission
upon demand a penalty in the amount of five (5) times the retail value
of the product(s) in question. For purposes of this Agreement the term
``product(s) in questions'' shall mean product(s) that fail to comply
with the FFA and the implementing regulations. This provision does not
preclude the Commission from taking additional action under sections 5,
6, and 7 of the FFA, 15 U.S.C. 1194, 1195, and 1196; sections 10 and
17(b) of the FTCA, 15 U.S.C. 50 and 57(b); and any other pertinent
legal provisions.
11. Respondent reserves its right to challenge the Commission's
findings under paragraphs 9 and 10 of this Agreement before the
Commission and to have the court review whether the Commission's
decision was arbitrary and capricious.
12. The Commission may publicize the terms of this Consent Order
Agreement.
13. This Agreement, and the Complaint accompanying the Agreement,
may be used in interpreting the Order. Agreements, understandings,
representations, or interpretations made outside this Consent Order
Agreement may not be used to vary or contradict its terms.
14. Upon acceptance of the Agreement, the Commission shall issue
the following Order.
15. The provisions of this Agreement shall apply to Respondent and
each of its successors and assigns.
Respondent New ICM L.P.
Dated: September 22, 2004.
Daniel Zalman, President,
New ICM L.P., 220 Sam Bishkin Dr., El Campo, Texas 77437.
Dated: September 21, 2004.
J. Michael Jordan, Esquire,
Gardere Wynne Sewell LLP, Attorneys for New ICM L.P., 1000
Louisiana, Suite 3400, Houston, Texas 77002-5007.
Commissions Staff
Alan H. Schoem,
Assistant Executive Director, Office of Compliance, Consumer Product
Safety Commission, Washington, DC 20207-0001.
Eric L. Stone,
Director, Legal Division, Office of Compliance.
Dated: September 29, 2004.
Dennis G. Kacoyanis,
Trial Attorney, Office of Compliance.
Complaint
Nature of Proceedings
Pursuant to the provisions of the Flammable Fabrics Act (FFA), as
amended, 15 U.S.C. 1191 et seq.; the Federal Trade Commission Act
(FTCA), as amended, 15 U.S.C. 41 et seq.; and the Standards for the
Flammability of Children's Sleepwear (Sleepwear Standards), 16 CFR
parts 1615 and 1616, the Consumer Product Safety Commission having
reason to believe that NEW ICM L.P., 220 Sam Bishkin Dr., El Campo, TX
77437 has violated the provisions of said Acts; and further it
appearing to the Commission that a proceeding by it in respect to those
violations would be in the public interest, therefore, it hereby issues
its Complaint stating its charges as follows:
1. Respondent NEW ICM, L.P. is a limited partnership organized and
existing under the laws of the State of Texas, with its principal place
of business located at 220 Sam Bishkin Dr., El Campo, TX 77437.
2. Respondent NEW ICM L.P. is now and has been engaged in the
manufacture for sale, the sale, or the offering for sale, in commerce,
or the importation into the United States, or the introduction,
delivery for introduction, transportation or causing to be transported,
in commerce, or the sale or delivery after a sale or shipment in
commerce, as the term ``commerce''
[[Page 795]]
is defined in section 2(b) of the FFA, 15 U.S.C. 1191(b), ``children's
sleepwear'' as defined in 16 CFR 1615.1 and 1616.1.
3. In 2001, Respondent NEW ICM L.P. manufactured for sale, sold,
and offered for sale, in commerce, introduced, delivered for
introduction, transported or caused for to be transported, in commerce,
and sold or delivered after a sale or shipment in commerce 2,103 pairs
of purple satin pajamas, GPU 072899, made from 100% polyester that
failed to meet the flammability requirements of the Children's
Sleepwear Standards, 16 CFR parts 1615 and 1615, in violation of
section 3(a) of the FFA, 15 U.S.C. 1192(a).
4. In 2001, Respondent NEW ICM L.P. manufactured for sale, sold,
and offered for sale, in commerce, introduced, delivered for
introduction, transported or caused to be transported, in commerce, and
sold or delivered after a sale or shipment in commerce 3,564 rosebud
print nightgowns, GPU 072600, made from 100% polyester that failed to
meet the flammability requirements of the Children's Sleepwear
Standards, 16 CFR parts 1615 and 1616, in violation of section 3(a) of
the FFA, 15 U.S.C. 1192(a).
5. The acts by Respondent NEW ICM L.P. set forth in paragraphs 3
and 4 of the complaint are unlawful and constitute an unfair method of
competition and an unfair and deceptive practice in commerce under the
FTCA, in violation of section 3(a) of the FFA, 15 U.S.C. 1192(a), for
which a cease and desist order may be issued against Respondent
pursuant to section 5(b) of the FFA, 15 U.S.C. 1194(b), and section 5
of the FTCA, 15 U.S.C. 45.
Relief Sought
6. The staff seeks the issuance of a cease and desist order against
Respondent NEW ICM L.P. pursuant to section 5(b) of the FFA, 15 U.S.C.
1194(b), and section 5 of the FTCA, 15 U.S.C. 45.
Wherefore, the premises considered, the Commission hereby issues
this Complaint on the 29th day of December, 2004.
By direction of the Commission.
Nicholas V. Marchica,
Acting Assistant Executive Director, Office of Compliance.
Order
I.
The Commission having jurisdiction over Respondent NEW ICM L.P. and
over this matter under the Consumer Product Safety Act (CPSA), 15
U.S.C. 2051 et seq., the Flammable Fabrics Act (FFA), 15 U.S.C. 1191 et
seq., and the Federal Trade Commission Act (FTCA), 15 U.S.C. 41 et
seq., it is hereby ordered that Respondent NEW ICM L.P. its successors,
and assigns, agents, representatives, and employees, directly or
through any corporation, subsidiary, division, or other business
entity, or through any agency, device, or instrumentality, do forthwith
cease and desist from manufacturing for sale, selling, or offering for
sale, in commerce, or importing into the United States or introducing,
delivering for introduction, transporting or causing to be transported,
in commerce, any product, fabric, or related material that fails to
comply with the Flammable Fabrics Act and the underlying regulations.
It is further ordered that following service upon Respondent NEW
ICM L.P. of the Final Order in this matter, Respondent NEW ICM L.P.
will notify the Commission within 30 days following the consummation of
the sale of a majority of its stock or following a change in any of its
corporate officers responsible for compliance with the terms of this
Consent Agreement and Order.
By direction of the Commission, this Consent Agreement and Order is
provisionally accepted pursuant to 16 CFR 1605.13, and shall be placed
on the public record, and the Secretary is directed to publish the
provisional acceptance of the Consent Order Agreement in the
Commission's Public Calendar and in the Federal Register.
So ordered by the Commission, this 29th day of December 2004.
Todd A. Stevenson,
Secretary,
Consumer Product Safety Commission.
[FR Doc. 05-112 Filed 1-4-04; 8:45 am]
BILLING CODE 6355-01-M