Reebok International Ltd., a Corporation, Provisional Acceptance of a Settlement Agreement and Order, 16842-16844 [E8-6407]

Download as PDF 16842 Federal Register / Vol. 73, No. 62 / Monday, March 31, 2008 / Notices will issue appropriate appraisement instructions for the companies subject to this review directly to CBP 15 days after publication of the final results of this review. For assessment purposes, we Currency Conversion calculated importer-specific ad valorem We made currency conversions in duty assessment rates based on the ratio accordance with section 773A(a) of the of the total amount of dumping margins Act based on the exchange rates in effect calculated for the examined sales to the on the dates of the U.S. sales as certified total entered value of those same sales. by the Federal Reserve Bank. We will instruct CBP to assess antidumping duties on all appropriate Preliminary Results of Review entries covered by this review if any As a result of this review, we importer-specific assessment rate preliminarily determine that the calculated in the final results of this weighted-average dumping margin for review is above de minimis (i.e., at or the period March 1, 2006, through above 0.50 percent). See 19 CFR February 28, 2007, is as follows: 351.106(c)(1). The final results of this review shall be the basis for the Manufacturer/Exporter Percent Margin assessment of antidumping duties on entries of merchandise covered by this Ascometal S.A. ............. 0.00 review. The Department clarified its Disclosure and Public Hearing ‘‘automatic assessment’’ regulation on The Department will disclose to May 6, 2003. See Antidumping and parties the calculations performed in Countervailing Duty Proceedings: connection with these preliminary Assessment of Antidumping Duties, 68 results within five days of the date of FR 23954 (May 6, 2003) (Assessment publication of this notice. See 19 CFR Policy Notice). This clarification will 351.224(b). Interested parties may apply to entries of subject merchandise submit case briefs not later than 30 days during the POR produced by companies after the date of publication of this included in this review for which the notice. See 19 CFR 351.309(c)(1)(ii). reviewed companies did not know that the merchandise they sold to the Rebuttal briefs, limited to issues raised intermediary (e.g., a reseller, trading in the case briefs, may be filed not later company, or exporter) was destined for than five days after the time limit for the United States. In such instances, we filing case briefs. See 19 CFR will instruct CBP to liquidate 351.309(d)(1). Parties who submit case unreviewed entries at the all-others rate briefs or rebuttal briefs in this proceeding are requested to submit with if there is no rate for the intermediary involved in the transaction. See each argument: 1) a statement of the Assessment Policy Notice for a full issue; 2) a brief summary of the discussion of this clarification. argument; and 3) a table of authorities. Interested parties who wish to request Discontinuation of Cash Deposit a hearing must submit a written request Requirements to the Assistant Secretary for Import On January 31, 2008, the U.S. Administration, Room 1870, within 30 International Trade Commission days of the date of publication of this determined, pursuant to section 751(c) notice. Requests should contain: 1) the of the Act (i.e., as a result of a five-year party’s name, address and telephone ‘‘sunset’’ review), that revocation of the number; 2) the number of participants; antidumping duty order on the subject and 3) a list of issues to be discussed. merchandise would not be likely to lead See 19 CFR 351.310(c). Issues raised in to continuation or recurrence of material the hearing will be limited to those injury to an industry in the United raised in the respective case briefs. States within a reasonably foreseeable The Department will issue the final time. See Stainless Steel Bar From results of this administrative review, France, Germany, Italy, Korea, and The including the results of its analysis of United Kingdom, 73 FR 5869 (January issues raised in any written briefs, not 31, 2008). Accordingly, the antidumping later than 120 days after the date of duty order on SSB from France was publication of this notice, pursuant to revoked effective March 7, 2007. See section 751(a)(3)(A) of the Act. Revocation of Antidumping Duty Orders Assessment Rates on Stainless Steel Bar From France, The Department shall determine, and Germany, Italy, South Korea, and the CBP shall assess, antidumping duties on United Kingdom and the Countervailing all appropriate entries, in accordance Duty Order on Stainless Steel Bar From with 19 CFR 351.212. The Department Italy, 73 FR 7258 (February 7, 2008). As mmaher on PROD1PC76 with NOTICES Ascometal did not incur packing costs in either the U.S. or home market. Accordingly, no adjustment was warranted under section 773(a)(6)(A) and (B) of the Act. VerDate Aug<31>2005 18:00 Mar 28, 2008 Jkt 214001 PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 a result, we have instructed CBP to discontinue collection of cash deposits of antidumping duties on entries of the subject merchandise made on or after March 7, 2007. Notification to Importers This notice also serves as a preliminary reminder to importers of their responsibility under 19 CFR 351.402(f) to file a certificate regarding the reimbursement of antidumping duties prior to liquidation of the relevant entries during this review period. Failure to comply with this requirement could result in the Secretary’s presumption that reimbursement of antidumping duties occurred and the subsequent assessment of double antidumping duties. This administrative review and notice are published in accordance with sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.221. Dated: March 25, 2008. David M. Spooner, Assistant Secretary for Import Administration. [FR Doc. E8–6568 File 3–28–08; 8:45 am] BILLING CODE 3510–DS–S CONSUMER PRODUCT SAFETY COMMISSION [CPSC Docket No. 08–C0004] Reebok International Ltd., a Corporation, 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 Federal Hazardous Substances Act in the Federal Register in accordance with the terms of 16 CFR 1118.20(e). Published below is a provisionallyaccepted Settlement Agreement with Reebok International Ltd., a corporation, containing a civil penalty of $1,000,000.00. 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 April 15, 2008. ADDRESSES: Persons wishing to comment on this Settlement Agreement should send written comments to the Comment 08–C0004, Office of the Secretary, Consumer Product Safety Commission, 4330 East West Highway, DATES: E:\FR\FM\31MRN1.SGM 31MRN1 Federal Register / Vol. 73, No. 62 / Monday, March 31, 2008 / Notices Room 502, Bethesda, Maryland 20814– 4408. FOR FURTHER INFORMATION CONTACT: Dennis C. Kacoyanis, Trial Attorney, 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. Dated: March 17. 2008. Todd A. Stevenson, Secretary. United States of America Consumer Product Safety Commission [CPSC DOCKET NO. 08–C0084] In the Matter of Reebok International Ltd., a Corporation Settlement Agreement 1. This Settlement Agreement (‘‘Agreement’’) is made by and between the staff (‘‘the staff’’) of the United States Consumer Product Safety Commission (‘‘the Commission’’) and Reebok International Ltd. (‘‘Reebok’’), a corporation. This Agreement and the incorporated attached Order (‘‘Order’’) settle the staff’s allegations set forth below. mmaher on PROD1PC76 with NOTICES The Parties 2. The Commission is an independent federal regulatory agency responsible for the enforcement of the Federal Hazardous Substances Act, 15 U.S.C. 1261–1278, (‘‘FHSA’’). 3. Reebok is a corporation organized and existing under the laws of the Commonwealth of Massachusetts, with its principal corporate office located at 1895 J. W. Foster Boulevard, Canton, MA 02021. Reebok is a manufacturer of athletic footwear and apparel. Staff Allegations 4. Between May 2004 and March 2006, Reebok introduced or caused the introduction into interstate commerce, or received in interstate commerce and delivered or proffered delivery thereof for pay or otherwise approximately 300,000 Heart-Shaped Charm Bracelets (‘‘charm bracelets’’). The charm bracelets were provided as free gifts with the purchase of various styles of children’s footwear. 5. Reebok failed to take action to ensure that the charm bracelets did not contain toxic levels of lead, thereby creating a risk of lead poisoning and adverse health effects to children. 6. In March 2006, Reebok received a report of the death of a four-year-old child allegedly caused by lead VerDate Aug<31>2005 18:00 Mar 28, 2008 Jkt 214001 poisoning. The child reportedly swallowed the charm bracelet’s heartshaped pendant. Reebok immediately reported to the Commission. 7. In March 2006, the Commission staff obtained samples of the charm bracelets, which were tested at the CPSC Laboratory. The test results demonstrated that certain components of the charm bracelets contained a total lead content from 78 to 93 percent and accessible lead from 3,441 to 9,856 micrograms of lead. These levels of lead are ‘‘toxic’’ within the meaning of the FHSA. 8. The charm bracelets are a hazardous substance because they are toxic and may cause substantial personal injury or substantial illness during or as a proximate result of any customary foreseeable handling or use, including reasonably foreseeable ingestion by children. Accordingly, the charm bracelets are hazardous substances under section 2(f)(l)(A) of the FHSA, 15 U.S.C. 1261(f)(l)(A). 9. The charm bracelets were marketed with children’s footwear and were intended for use by children. Therefore, the charm bracelets constitute banned hazardous substances under section 2(q)(1)(A) of the FHSA, 15 U.S.C. 1261(q)(1)(A). 10. Reebok knowingly introduced or delivered for introduction into interstate commerce, or caused such acts, or received in interstate commerce and delivered or proffered delivery thereof for pay or otherwise or caused such acts, with respect to the aforesaid banned hazardous charm bracelets, as the term ‘‘knowingly’’ is defined in section 5(c)(5) of the FHSA, 15 U.S.C. 1264(c)(5), in violation of section 4(a) and (c) of the FHSA, 15 U.S.C. 1263(a) and (c). 11. Pursuant to section 5(c)(1) of the FHSA, 15 U.S.C. 1264(c)(1), Reebok is subject to civil penalties for the aforementioned violation. Reebok’s Response 12. Reebok denies the staff’s allegations that it violated the FHSA as set forth in paragraphs 4 through 11 above. Agreement of the Parties 13. Under the FHSA, the Commission has jurisdiction over this matter and over Reebok. 14. In settlement of the staff’s allegations, Reebok shall pay a civil penalty in the amount of one million dollars ($1,000,000.00) within twenty (20) calendar days of service of the final Order of the Commission. This payment shall be made by check payable to the order of the United States Treasury. PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 16843 15. The parties enter into this Agreement for settlement purposes only. The Agreement does not constitute an admission by Reebok or a determination by the Commission that Reebok knowingly violated the FHSA. 16. Upon provisional acceptance of this Agreement, the Agreement shall be placed on the public record and be published in the Federal Register in accordance with the procedures set forth in 16 CFR 1118.20(e). If the Commission does not receive any written request not to accept the Agreement within 15 days, the Agreement shall be deemed finally accepted on the 16th calendar day after the date it is published in the Federal Register in accordance with 16 CFR 1118.20(f). 17. Upon the Commission’s final acceptance of the Agreement and issuance of the final Order, Reebok knowingly, voluntarily, and completely waives any rights it may have in this matter to the following: (i) An administrative or judicial hearing, (ii) judicial review or other challenge or contest of the validity of the Commission’s actions, (iii) a determination by the Commission as to whether Reebok failed to comply with the FHSA, (iv) a statement of findings of fact or conclusions of law, and (v) any claims under the Equal Access to Justice Act. 18. This Agreement and Order resolves the staffs allegations contained in paragraphs 4 through 11 herein. Upon final acceptance of this Agreement by the Commission and issuance of the final Order, the Commission and those acting on its behalf agree not to initiate any civil penalty action against Reebok based on the aforementioned allegations under the FHSA, 15 U.S.C. 1261–1278 or the Consumer Product Safety Act, 15 U.S.C. 2051–2084. 19. The Commission may publicize the terms of the Agreement and Order. 20. The Agreement and Order shall apply to, and be binding upon Reebok and each of its successors and assigns. 21. The Commission issues the Order under the provisions of the FHSA, 15 U.S.C. 1264(c)(4), and a violation of this Order may subject Reebok to appropriate legal action. 22. This Agreement may be used in interpreting the Order. Agreements, understandings, representations, or interpretations made outside of this Agreement and Order may not be used to vary or contradict its terms. 23. This Agreement shall not be waived, changed, amended, modified, or otherwise altered without written agreement thereto executed by the party E:\FR\FM\31MRN1.SGM 31MRN1 16844 Federal Register / Vol. 73, No. 62 / Monday, March 31, 2008 / Notices against whom such amendment, modification, alteration, or waiver is sought to be enforced. 24. If after the effective date hereof, any provision of this Settlement Agreement and Order is held to be illegal, invalid, or unenforceable under present or future laws effective during the terms of the Agreement and Order, such provision shall be fully severable. The balance of the Agreement and Order shall remain in full effect, unless the Commission and Reebok agree that severing the provision materially changes the purpose of the Settlement Agreement and Order. 25. Pursuant to section 6(b) 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 CFR 1118.20 with respect to Staff allegations that Reebok and affiliated entities violated 15 U.S.C. 1263 and are therefore subject to civil penalties under 15 U.S.C. 1264. Authority ordered by the Commission on February 1, 200; and it appearing that the Settlement Agreement and Order is in the public interest, it is ordered, that the Settlement Agreement be, and hereby, is accepted; and it is further ordered, that Reebok shall pay a civil penalty of one million dollars ($1,000,000.00). This payment shall be made by check payable to the order of the United States Treasury within (20) calendar days of service of the final Order of the Commission upon Reebok. Upon the failure of Reebok to make full payment in the prescribed time, interest on the outstanding balance shall accrue and be paid at the federal rate of interest under the provisions of 28 U.S.C. 1961(a) and (b). Reebok International Ltd. Dated: March 12, 2008. Joseph W. Keane, Chief Financial Officer Reebok International Ltd., 1895 J. W. Foster Boulevard Canton, MA 02021. Dated: March 12, 2008. Peter L. Winik, Esquire, Latham & Watkins LLP, 555 Eleventh Street, NW., Washington, DC 20004–1304 Attorneys for Reebok International Ltd. U.S. Consumer Product Safety Commission. John Gibson Mullan, Assistant Executive Director, Office of Compliance and Field Operations U. S. Consumer Product, Safety Commission, 4330 East West Highway Bethesda, MD 20814, Ronald O. Yelenik, Acting Director, Legal Division. Office of Compliance and Field Operations. Dated: March 12, 2008. Dennis C. Kacoyanis, Trial Attorney, Legal Division, Office of Compliance and Field Operations. DEPARTMENT OF DEFENSE United States of America Consumer Product Safety Commission [CPSC DOCKET NO. 08–C0004] mmaher on PROD1PC76 with NOTICES In the Matter of Reebok International Ltd., a Corporation Order Upon consideration of the Settlement Agreement entered into between Reebok International Ltd. (‘‘Reebok’’) and the staff of the Consumer Product Safety Commission (‘‘the Commission’’); and the Commission having jurisdiction over the subject matter and Reebok; and pursuant to the authority delegated in section 6(b) of the Interim Delegation of VerDate Aug<31>2005 18:00 Mar 28, 2008 Jkt 214001 Provisionally accepted and provisional Order issued on the 17th day of March, 2008. By Order of the Commission. Todd A. Stevenson, Secretary Consumer Product Safety Commission. [FR Doc. E8–6407 Filed 3–28–08; 8:45 am] BILLING CODE 6355–01–M Office of the Secretary [Docket No. DoD–2007–OS–0093] Submission for OMB Review; Comment Request ACTION: Notice. The Department of Defense has submitted to OMB for clearance, the following proposal for collection of information under the provisions of the Paperwork Reduction Act (44 U.S.C. Chapter 35). DATES: Consideration will be given to all comments received by April 30, 2008. Title, Form, and OMB Number: ‘‘Department of Defense Security Agreement’’ ‘‘Appendage to Department of Defense Security Agreement’’ ‘‘Certificate Pertaining to Foreign Interests’’; DD Forms 441, 441–1 and SF 328; OMB Control Number 0704–0194. Type of Request: Revision. Number of Respondents: 2,641. Responses per Respondent: 2. Annual Responses: 5,282. Average Burden per Response: 1.56 hours. Annual Burden Hours: 8,240. Needs and Uses: Executive Order (EO) 12829, ‘‘National Industrial Security Program (NISP)’’ stipulates that the Secretary of Defense shall serve as the Executive Agent for inspecting and monitoring the contractors, licensees, and grantees who require or will require PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 access to or who store or will store classified information; and for determining the eligibility for access to classified information of contractors, licensees, and grantees and their respective employees. The specific requirements necessary to protect classified information released to private industry are set forth in DoD 5200.22–M. ‘‘National Industrial Security Program Operating Manual (NISPOM).’’ Respondents must execute DD Form 441, ‘‘Department of Defense Security Agreement,’’ which is the initial contract between industry and the government. This legally binding document details the responsibility of both parties and obligates the contractor to fulfill requirements outlined in DoD 5220.22–M. The DD Form 441–1, ‘‘Appendage to Department of Defense Security Agreement,’’ is used to extend the agreement to branch offices of the contractor. SF Form 328, ‘‘Certificate Pertaining to Foreign Interests’’ must be submitted to provide certification regarding elements of Foreign Ownership, Control or Influence (FOCI) as stipulated in paragraph 2–302b of the DoD 5220.22–M. Affected Public: Business or other forprofit; not-for-profit institutions; state, local, or tribal government. Frequency: On occasion. Respondent’s Obligation: Required to obtain or retain benefits. OMB Desk Officer: Ms. Sharon Mar. Written comments and recommendations on the proposed information collection should be sent to Ms. Mar at the Office of Management and Budget, Desk Officer for DoD, Room 10236, New Executive Office Building, Washington, DC 20503. Comments may be e-mailed to Ms. Mar at Sharon_Mar@omb.eop.gov. You may also submit comments, identified by docket number and title, by the following method: • Federal eRulemaking Portal: https:// www.regulations.gov. Follow the instructions for submitting comments. Instructions: All submissions received must include the agency name, docket number and title for this Federal Register document. The general policy for comments and other submissions from members of the public is to make these submissions available for public viewing on the Internet at https:// www.regulations.gov as they are received without change, including any personal identifiers or contact information. DOD Clearance Officer: Ms. Patricia Toppings. Written requests for copies of the information collection proposal should be sent to Ms. Toppings at WHS/ESD/ E:\FR\FM\31MRN1.SGM 31MRN1

Agencies

[Federal Register Volume 73, Number 62 (Monday, March 31, 2008)]
[Notices]
[Pages 16842-16844]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-6407]


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CONSUMER PRODUCT SAFETY COMMISSION

[CPSC Docket No. 08-C0004]


Reebok International Ltd., a 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 Federal Hazardous Substances 
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 Reebok International Ltd., a corporation, containing a 
civil penalty of $1,000,000.00.

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 April 15, 2008.

ADDRESSES: Persons wishing to comment on this Settlement Agreement 
should send written comments to the Comment 08-C0004, Office of the 
Secretary, Consumer Product Safety Commission, 4330 East West Highway,

[[Page 16843]]

Room 502, Bethesda, Maryland 20814-4408.

FOR FURTHER INFORMATION CONTACT: Dennis C. Kacoyanis, Trial Attorney, 
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.

    Dated: March 17. 2008.
Todd A. Stevenson,
Secretary.

United States of America Consumer Product Safety Commission

[CPSC DOCKET NO. 08-C0084]

In the Matter of Reebok International Ltd., a Corporation

Settlement Agreement

    1. This Settlement Agreement (``Agreement'') is made by and between 
the staff (``the staff'') of the United States Consumer Product Safety 
Commission (``the Commission'') and Reebok International Ltd. 
(``Reebok''), a corporation. This Agreement and the incorporated 
attached Order (``Order'') settle the staff's allegations set forth 
below.

The Parties

    2. The Commission is an independent federal regulatory agency 
responsible for the enforcement of the Federal Hazardous Substances 
Act, 15 U.S.C. 1261-1278, (``FHSA'').
    3. Reebok is a corporation organized and existing under the laws of 
the Commonwealth of Massachusetts, with its principal corporate office 
located at 1895 J. W. Foster Boulevard, Canton, MA 02021. Reebok is a 
manufacturer of athletic footwear and apparel.

Staff Allegations

    4. Between May 2004 and March 2006, Reebok introduced or caused the 
introduction into interstate commerce, or received in interstate 
commerce and delivered or proffered delivery thereof for pay or 
otherwise approximately 300,000 Heart-Shaped Charm Bracelets (``charm 
bracelets''). The charm bracelets were provided as free gifts with the 
purchase of various styles of children's footwear.
    5. Reebok failed to take action to ensure that the charm bracelets 
did not contain toxic levels of lead, thereby creating a risk of lead 
poisoning and adverse health effects to children.
    6. In March 2006, Reebok received a report of the death of a four-
year-old child allegedly caused by lead poisoning. The child reportedly 
swallowed the charm bracelet's heart-shaped pendant. Reebok immediately 
reported to the Commission.
    7. In March 2006, the Commission staff obtained samples of the 
charm bracelets, which were tested at the CPSC Laboratory. The test 
results demonstrated that certain components of the charm bracelets 
contained a total lead content from 78 to 93 percent and accessible 
lead from 3,441 to 9,856 micrograms of lead. These levels of lead are 
``toxic'' within the meaning of the FHSA.
    8. The charm bracelets are a hazardous substance because they are 
toxic and may cause substantial personal injury or substantial illness 
during or as a proximate result of any customary foreseeable handling 
or use, including reasonably foreseeable ingestion by children. 
Accordingly, the charm bracelets are hazardous substances under section 
2(f)(l)(A) of the FHSA, 15 U.S.C. 1261(f)(l)(A).
    9. The charm bracelets were marketed with children's footwear and 
were intended for use by children. Therefore, the charm bracelets 
constitute banned hazardous substances under section 2(q)(1)(A) of the 
FHSA, 15 U.S.C. 1261(q)(1)(A).
    10. Reebok knowingly introduced or delivered for introduction into 
interstate commerce, or caused such acts, or received in interstate 
commerce and delivered or proffered delivery thereof for pay or 
otherwise or caused such acts, with respect to the aforesaid banned 
hazardous charm bracelets, as the term ``knowingly'' is defined in 
section 5(c)(5) of the FHSA, 15 U.S.C. 1264(c)(5), in violation of 
section 4(a) and (c) of the FHSA, 15 U.S.C. 1263(a) and (c).
    11. Pursuant to section 5(c)(1) of the FHSA, 15 U.S.C. 1264(c)(1), 
Reebok is subject to civil penalties for the aforementioned violation.

Reebok's Response

    12. Reebok denies the staff's allegations that it violated the FHSA 
as set forth in paragraphs 4 through 11 above.

Agreement of the Parties

    13. Under the FHSA, the Commission has jurisdiction over this 
matter and over Reebok.
    14. In settlement of the staff's allegations, Reebok shall pay a 
civil penalty in the amount of one million dollars ($1,000,000.00) 
within twenty (20) calendar days of service of the final Order of the 
Commission. This payment shall be made by check payable to the order of 
the United States Treasury.
    15. The parties enter into this Agreement for settlement purposes 
only. The Agreement does not constitute an admission by Reebok or a 
determination by the Commission that Reebok knowingly violated the 
FHSA.
    16. Upon provisional acceptance of this Agreement, the Agreement 
shall be placed on the public record and be published in the Federal 
Register in accordance with the procedures set forth in 16 CFR 
1118.20(e). If the Commission does not receive any written request not 
to accept the Agreement within 15 days, the Agreement shall be deemed 
finally accepted on the 16th calendar day after the date it is 
published in the Federal Register in accordance with 16 CFR 1118.20(f).
    17. Upon the Commission's final acceptance of the Agreement and 
issuance of the final Order, Reebok knowingly, voluntarily, and 
completely waives any rights it may have in this matter to the 
following: (i) An administrative or judicial hearing, (ii) judicial 
review or other challenge or contest of the validity of the 
Commission's actions, (iii) a determination by the Commission as to 
whether Reebok failed to comply with the FHSA, (iv) a statement of 
findings of fact or conclusions of law, and (v) any claims under the 
Equal Access to Justice Act.
    18. This Agreement and Order resolves the staffs allegations 
contained in paragraphs 4 through 11 herein. Upon final acceptance of 
this Agreement by the Commission and issuance of the final Order, the 
Commission and those acting on its behalf agree not to initiate any 
civil penalty action against Reebok based on the aforementioned 
allegations under the FHSA, 15 U.S.C. 1261-1278 or the Consumer Product 
Safety Act, 15 U.S.C. 2051-2084.
    19. The Commission may publicize the terms of the Agreement and 
Order.
    20. The Agreement and Order shall apply to, and be binding upon 
Reebok and each of its successors and assigns.
    21. The Commission issues the Order under the provisions of the 
FHSA, 15 U.S.C. 1264(c)(4), and a violation of this Order may subject 
Reebok to appropriate legal action.
    22. This Agreement may be used in interpreting the Order. 
Agreements, understandings, representations, or interpretations made 
outside of this Agreement and Order may not be used to vary or 
contradict its terms.
    23. This Agreement shall not be waived, changed, amended, modified, 
or otherwise altered without written agreement thereto executed by the 
party

[[Page 16844]]

against whom such amendment, modification, alteration, or waiver is 
sought to be enforced.
    24. If after the effective date hereof, any provision of this 
Settlement Agreement and Order is held to be illegal, invalid, or 
unenforceable under present or future laws effective during the terms 
of the Agreement and Order, such provision shall be fully severable. 
The balance of the Agreement and Order shall remain in full effect, 
unless the Commission and Reebok agree that severing the provision 
materially changes the purpose of the Settlement Agreement and Order.
    25. Pursuant to section 6(b) 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 CFR 1118.20 with respect to Staff allegations 
that Reebok and affiliated entities violated 15 U.S.C. 1263 and are 
therefore subject to civil penalties under 15 U.S.C. 1264.

Reebok International Ltd.
Dated: March 12, 2008.
    Joseph W. Keane, Chief Financial Officer Reebok International 
Ltd., 1895 J. W. Foster Boulevard Canton, MA 02021.

Dated: March 12, 2008.
    Peter L. Winik, Esquire, Latham & Watkins LLP, 555 Eleventh 
Street, NW., Washington, DC 20004-1304 Attorneys for Reebok 
International Ltd.

U.S. Consumer Product Safety Commission.

    John Gibson Mullan, Assistant Executive Director, Office of 
Compliance and Field Operations U. S. Consumer Product, Safety 
Commission, 4330 East West Highway Bethesda, MD 20814,
    Ronald O. Yelenik, Acting Director, Legal Division.

Office of Compliance and Field Operations.

Dated: March 12, 2008.
    Dennis C. Kacoyanis, Trial Attorney, Legal Division, Office of 
Compliance and Field Operations.

United States of America Consumer Product Safety Commission

[CPSC DOCKET NO. 08-C0004]

In the Matter of Reebok International Ltd., a Corporation

Order

    Upon consideration of the Settlement Agreement entered into between 
Reebok International Ltd. (``Reebok'') and the staff of the Consumer 
Product Safety Commission (``the Commission''); and the Commission 
having jurisdiction over the subject matter and Reebok; and pursuant to 
the authority delegated in section 6(b) of the Interim Delegation of 
Authority ordered by the Commission on February 1, 200; and it 
appearing that the Settlement Agreement and Order is in the public 
interest, it is ordered, that the Settlement Agreement be, and hereby, 
is accepted; and it is further ordered, that Reebok shall pay a civil 
penalty of one million dollars ($1,000,000.00). This payment shall be 
made by check payable to the order of the United States Treasury within 
(20) calendar days of service of the final Order of the Commission upon 
Reebok. Upon the failure of Reebok to make full payment in the 
prescribed time, interest on the outstanding balance shall accrue and 
be paid at the federal rate of interest under the provisions of 28 
U.S.C. 1961(a) and (b).

    Provisionally accepted and provisional Order issued on the 17th 
day of March, 2008.

    By Order of the Commission.

Todd A. Stevenson,
Secretary Consumer Product Safety Commission.
 [FR Doc. E8-6407 Filed 3-28-08; 8:45 am]
BILLING CODE 6355-01-M
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