DollarDays International, LLC, Provisional Acceptance of a Settlement Agreement and Order, 23196-23198 [E8-9290]
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23196
Federal Register / Vol. 73, No. 83 / Tuesday, April 29, 2008 / Notices
Dated: April 23, 2008.
P. Michael Payne,
Chief, Permits, Conservation and Education
Division, Office of Protected Resources,
National Marine Fisheries Service.
[FR Doc. E8–9389 Filed 4–28–08; 8:45 am]
BILLING CODE 3510–22–S
COMMISSION OF FINE ARTS
Notice of Meeting
The next meeting of the U.S.
Commission of Fine Arts is scheduled
for 15 May 2008, at 10 a.m. in the
Commission’s offices at the National
Building Museum, Suite 312, Judiciary
Square, 401 F Street, NW., Washington,
DC 20001–2728. Items of discussion
may include buildings, parks and
memorials.
Draft agendas and additional
information regarding the Commission
are available on our Web site: https://
www.cfa.gov. Inquiries regarding the
agenda and requests to submit written
or oral statements should be addressed
to Thomas Luebke, Secretary, U.S.
Commission of Fine Arts, at the above
address, or call 202–504–2200.
Individuals requiring sign language
interpretation for the hearing impaired
should contact the Secretary at least 10
days before the meeting date.
Dated in Washington, DC, 21 April 2008.
Thomas Luebke,
Secretary.
[FR Doc. E8–9118 Filed 4–28–08; 8:45 am]
BILLING CODE 6330–01–M
COMMITTEE FOR THE
IMPLEMENTATION OF TEXTILE
AGREEMENTS
Determination of the Committee for the
Implementation of Textile Agreements
to Apply a Textile Safeguard Measure
on Imports of Certain Cotton Socks
from Honduras
April 23, 2008.
The Committee for the
Implementation of Textile Agreements
(‘‘the Committee’’).
ACTION: Notice.
AGENCY:
sroberts on PROD1PC70 with NOTICES
EFFECTIVE DATE: April 29, 2008.
SUMMARY: The Committee has
determined to apply a textile safeguard
measure on imports of Honduran origin
cotton socks classifiable under
subheading 9115.95 of the Harmonized
Tariff Schedule of the United States
(‘‘HTSUS’’).
FOR FURTHER INFORMATION CONTACT:
Sergio Botero, Office of Textiles and
VerDate Aug<31>2005
21:59 Apr 28, 2008
Jkt 214001
Apparel, U.S. Department of Commerce,
(202) 482-3400.
SUPPLEMENTARY INFORMATION:
Authority: Title III, Subtitle B, Section 321
through Section 328 of the Dominican
Republic-Central America-United States Free
Trade Agreement (‘‘CAFTA-DR’’ or the
‘‘Agreement’’) Implementation Act;
Proclamation 7987 of February 28, 2006,
paragraph (6); Proclamation 8228 of March
28, 2008, paragraph (4); Article 3.23 of the
Agreement.
Notice: On April 25, 2008, the
Committee determined to apply a textile
safeguard measure on imports of certain
cotton socks of Honduras. The relief
provided by the safeguard measure
applies to imports entering, or
withdrawn from warehouse, for
consumption during the period July 1,
2008 through December 31, 2008.
BACKGROUND:
On August 21, 2007, the Committee
initiated a safeguard proceeding to
determine whether imports of Honduran
cotton, wool, and man-made fiber socks
(merged Category 332/432 and 632 part)
are causing serious damage, or actual
threat thereof, to the U.S. industry
producing socks, (72 FR 46611, August
21, 2007). The initiation of the safeguard
proceeding commenced a 30-day period
during which interested parties and
stakeholders were invited to submit
comments. Based on the comments
received and information available to
the Committee, the Committee
determined that imports of Honduran
origin cotton socks (Category 332) were
causing serious damage, or actual threat
thereof, and therefore, the Committee
intended to apply a textile safeguard
measure with respect to such goods. In
accordance with section 4 of the
Committee’s Procedures for considering
action under the CAFTA-DR textile and
apparel safeguard, (71 FR 25157, April
28, 2006), on January 18, 2008, the
United States provided written notice to
the Government of Honduras indicating
its intent to apply a textile safeguard
measure on imports of Honduran origin
cotton socks (73 FR 4542, January 25,
2008). The Committee noted that it was
not at that time making a determination
regarding whether to apply a safeguard
measure with respect to wool and manmade fiber socks (Categories 432 and
632 Part, respectively), that were part of
the original safeguards inquiry.
In accordance with Article 3.23.4 of
the Agreement, following receipt of
written notice by the United States of its
intent to apply a safeguard measure, the
Government of Honduras requested
consultations. Consultations between
the Governments of Honduras and the
United States were held for 60 days, and
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by agreement of the Parties, were
continued for an additional 30 day
period.
The Committee has determined,
pursuant to section 322(a) of the
CAFTA-DR Implementation Act, that
cotton socks of Honduras classifiable in
subheading 6115.95 of the Harmonized
Tariff Schedule of the United States
(HTS) are being imported into the
United States in such increased
quantities and under such conditions as
to cause serious damage to the domestic
industry producing like or directly
competitive cotton socks. The
Committee has further decided,
pursuant to section 322(b) of the
CAFTA-DR Implementation Act, to
provide relief from the imports that are
the subject of this determination, in the
form of a duty in the amount of 5
percent ad valorem to all CAFTA-DR
originating cotton socks of Honduras
classifiable in subheading 6115.95 of the
HTSUS that are entered, or withdrawn
from warehouse, for consumption
during the period July 1, 2008 through
December 31, 2008. The 5 percent ad
valorem duty shall be applicable on the
full value of the entered goods,
regardless of the value of any United
States content of such goods.
The Committee further notes that, in
the course of consultations, the
Government of Honduras agreed that it
will not seek compensation or take any
tariff action under Article 3.23.6 of the
Agreement with respect to this
safeguard measure.
The Committee has determined that
the actions described above will remedy
the serious damage and facilitate efforts
by the domestic industry to make a
positive adjustment to import
competition. As provided in paragraph
(5) of Proclamation 8228 of March 28,
2008, the United States Trade
Representative will modify the HTS to
reflect this determination.
R. Matthew Priest,
Chairman, Committee for the Implementation
of Textile Agreements.
[FR Doc. E8–9339 Filed 4–28–08; 8:45 am]
BILLING CODE 3510–DS–S
CONSUMER PRODUCT SAFETY
COMMISSION
[CPSC Docket No. 08–C00l0]
DollarDays International, LLC,
Provisional Acceptance of a
Settlement Agreement and Order
Consumer Product Safety
Commission.
ACTION: Notice.
AGENCY:
E:\FR\FM\29APN1.SGM
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Federal Register / Vol. 73, No. 83 / Tuesday, April 29, 2008 / Notices
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 DollarDays
International, LLC, 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 May 14,
2008.
ADDRESSES: Persons wishing to
comment on this Settlement Agreement
should send written comments to the
Comment 08–C0010, 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: April 23, 2008.
Todd A. Stevenson,
Secretary.
In the Matter of DollarDays
International, LLC; CPSC Docket No.
08-C0010
Settlement Agreement
1. In accordance with 16 CFR 1118.20,
DollarDays International, LLC (‘‘DDI’’)
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.
sroberts on PROD1PC70 with NOTICES
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. DDI is a corporation organized and
existing under the laws of Delaware,
with its principal offices located in
Scottsdale, Arizona. At all times
relevant hereto, DDI sold apparel and
accessories.
VerDate Aug<31>2005
21:01 Apr 28, 2008
Jkt 214001
Staff Allegations
4. From December 2005 through
November 2006, DDI sold to retailers or
other persons 180 children’s parka
jackets with drawstrings through the
hoods (‘‘Drawstring Jackets’’).
5. Retailers sold the Drawstring
Jackets to consumers,
6. The Drawstring Jackets are
‘‘consumer product[s],’’ and, at all times
relevant hereto, DDI was a ‘‘distributor’’
of those consumer products, which were
‘‘distributed in commerce,’’ as those
terms are defined in CPSA sections
3(a)(l), (5), (11), and (12), 15 U.S.C.
§ 2052(a)(l), (5), (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. DDI reported to the Commission
that there had been no incidents or
injuries from the Drawstring Jackets.
11. DDI’s distribution in commerce of
the Drawstring 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 November 30, 2006, the
Commission, in cooperation with DDI,
announced a recall of the Drawstring
Jackets, informing consumers that they
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Fmt 4703
Sfmt 4703
23197
should immediately remove the
drawstrings to eliminate the hazard.
13. DDI had presumed and actual
knowledge that the Drawstring 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)(l). DDI had obtained
information that reasonably supported
the conclusion that the Drawstring
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
15(b)(2) and (3), 15 U.S.C. 2064(b)(2)
and (3), required DDI to immediately
inform the Commission of the defect
and risk.
14. DDI knowingly failed to
immediately inform the Commission
about the Drawstring 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 DDI to civil penalties.
DDI Response
15. DDI denies the Staff’s allegations
above that DDI knowingly violated the
CPSA.
Agreement of the Parties
16. Under the CPSA, the Commission
has jurisdiction over this matter and
over DDI.
17. The parties enter into the
Agreement for settlement purposes only.
The Agreement does not constitute an
admission by DDI, or a determination by
the Commission, that DDI has
knowingly violated the CPSA.
18. In settlement of the Staff’s
allegations, DDI shall pay a civil penalty
in the amount of twenty-five thousand
dollars ($25,000.00) in three (3)
installments as follows: $5,000.00 shall
be paid within twenty (20) calendar
days of service of the Commission’s
final Order accepting the Agreement;
$10,000.00 shall be paid on or before
May 1, 2008; and $10,000.00 shall be
paid on or before August 1, 2008. Each
payment shall be made 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
E:\FR\FM\29APN1.SGM
29APN1
sroberts on PROD1PC70 with NOTICES
23198
Federal Register / Vol. 73, No. 83 / Tuesday, April 29, 2008 / Notices
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, DDI
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 DDI 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,
DDI 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 DDI
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 DDI 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 CFR 1118.20 with
respect to Staff allegations that any
person or firm violated 15 U.S.C. 2068,
VerDate Aug<31>2005
21:01 Apr 28, 2008
Jkt 214001
where the total amount of the settlement
involves no more than $100,000.
CONSUMER PRODUCT SAFETY
COMMISSION
DollarDays International, LLC
Dated: 3/19/08.
By: Marc Joseph,
President, DollarDays International, LLC
7575 E. Redfield Rd., Suite 201,
Scottsdale, AZ 85260
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: 4–16–08.
By: Seth B. Popkin,
Trial Attorney, Legal Division, Office of
Compliance and Field Operations
[CPSC Docket No. 08-COO12]
In the Matter of DollarDays
International, LLC; CPSC Docket No.
08–C0010
Order
Upon consideration of the Settlement
Agreement entered into between
DollarDays International, LLC (‘‘DDI’’)
and the U.S. Consumer Product Safety
Commission (‘‘Commission’’) staff, and
the Commission having jurisdiction
over the subject matter and over DDI,
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 DDI shall pay a
civil penalty in the amount of twentyfive thousand dollars ($25,000.00) in
three (3) installments as follows:
$5,000.00 shall be paid within twenty
(20) calendar days of service of the
Commission’s final Order accepting the
Agreement; $10,000.00 shall be paid on
or before May 1, 2008; and $10,000.00
shall be paid on or before August 1,
2008. The payment shall be made by
check payable to the order of the United
States Treasury. Upon the failure of DDI
to make any of the foregoing payments
when due, interest on the unpaid
amount shall accrue and be paid by DDI
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 22nd
day of April, 2008.
By Order of the Commission:
Todd A. Stevenson,
Secretary, U.S. Consumer Product Safety
Commission
[FR Doc. E8–9290 Filed 4–28–08; 8:45 am]
BILLING CODE 6355–01–M
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Gildan Activewear SRL, 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
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 Gildan
Activewear SRL, 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 14,
2008.
ADDRESSES: Persons wishing to
comment on this Settlement Agreement
should send written comments to the
Comment 08-COO12, 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.
Dated: April 23, 2008.
Todd A. Stevenson,
Secretary.
In the Matter of Gildan Activewear
SRL, a Corporation.; CPSC DOCKET
NO. 08-C0012
Settlement Agreement
1. In accordance with 16 CFR 1118.20,
Gildan Activewear SRL (‘‘Gildan’’) 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
E:\FR\FM\29APN1.SGM
29APN1
]]>Agencies
[Federal Register Volume 73, Number 83 (Tuesday, April 29, 2008)]
[Notices]
[Pages 23196-23198]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-9290]
=======================================================================
-----------------------------------------------------------------------
CONSUMER PRODUCT SAFETY COMMISSION
[CPSC Docket No. 08-C00l0]
DollarDays International, LLC, Provisional Acceptance of a
Settlement Agreement and Order
AGENCY: Consumer Product Safety Commission.
ACTION: Notice.
-----------------------------------------------------------------------
[[Page 23197]]
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
DollarDays International, LLC, 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 May 14, 2008.
ADDRESSES: Persons wishing to comment on this Settlement Agreement
should send written comments to the Comment 08-C0010, 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: April 23, 2008.
Todd A. Stevenson,
Secretary.
In the Matter of DollarDays International, LLC; CPSC Docket No. 08-
C0010
Settlement Agreement
1. In accordance with 16 CFR 1118.20, DollarDays International, LLC
(``DDI'') 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. DDI is a corporation organized and existing under the laws of
Delaware, with its principal offices located in Scottsdale, Arizona. At
all times relevant hereto, DDI sold apparel and accessories.
Staff Allegations
4. From December 2005 through November 2006, DDI sold to retailers
or other persons 180 children's parka jackets with drawstrings through
the hoods (``Drawstring Jackets'').
5. Retailers sold the Drawstring Jackets to consumers,
6. The Drawstring Jackets are ``consumer product[s],'' and, at all
times relevant hereto, DDI was a ``distributor'' of those consumer
products, which were ``distributed in commerce,'' as those terms are
defined in CPSA sections 3(a)(l), (5), (11), and (12), 15 U.S.C. Sec.
2052(a)(l), (5), (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. DDI reported to the Commission that there had been no incidents
or injuries from the Drawstring Jackets.
11. DDI's distribution in commerce of the Drawstring 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 November 30, 2006, the Commission, in cooperation with DDI,
announced a recall of the Drawstring Jackets, informing consumers that
they should immediately remove the drawstrings to eliminate the hazard.
13. DDI had presumed and actual knowledge that the Drawstring
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)(l). DDI had obtained information that
reasonably supported the conclusion that the Drawstring 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 15(b)(2) and (3), 15 U.S.C. 2064(b)(2) and (3), required DDI
to immediately inform the Commission of the defect and risk.
14. DDI knowingly failed to immediately inform the Commission about
the Drawstring 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 DDI to civil penalties.
DDI Response
15. DDI denies the Staff's allegations above that DDI knowingly
violated the CPSA.
Agreement of the Parties
16. Under the CPSA, the Commission has jurisdiction over this
matter and over DDI.
17. The parties enter into the Agreement for settlement purposes
only. The Agreement does not constitute an admission by DDI, or a
determination by the Commission, that DDI has knowingly violated the
CPSA.
18. In settlement of the Staff's allegations, DDI shall pay a civil
penalty in the amount of twenty-five thousand dollars ($25,000.00) in
three (3) installments as follows: $5,000.00 shall be paid within
twenty (20) calendar days of service of the Commission's final Order
accepting the Agreement; $10,000.00 shall be paid on or before May 1,
2008; and $10,000.00 shall be paid on or before August 1, 2008. Each
payment shall be made 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
[[Page 23198]]
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, DDI 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
DDI 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, DDI 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 DDI 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 DDI 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 CFR 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.
DollarDays International, LLC
Dated: 3/19/08.
By: Marc Joseph,
President, DollarDays International, LLC
7575 E. Redfield Rd., Suite 201,
Scottsdale, AZ 85260
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: 4-16-08.
By: Seth B. Popkin,
Trial Attorney, Legal Division, Office of Compliance and Field
Operations
In the Matter of DollarDays International, LLC; CPSC Docket No. 08-
C0010
Order
Upon consideration of the Settlement Agreement entered into between
DollarDays International, LLC (``DDI'') and the U.S. Consumer Product
Safety Commission (``Commission'') staff, and the Commission having
jurisdiction over the subject matter and over DDI, 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 DDI shall pay a civil
penalty in the amount of twenty-five thousand dollars ($25,000.00) in
three (3) installments as follows: $5,000.00 shall be paid within
twenty (20) calendar days of service of the Commission's final Order
accepting the Agreement; $10,000.00 shall be paid on or before May 1,
2008; and $10,000.00 shall be paid on or before August 1, 2008. The
payment shall be made by check payable to the order of the United
States Treasury. Upon the failure of DDI to make any of the foregoing
payments when due, interest on the unpaid amount shall accrue and be
paid by DDI 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 22nd day
of April, 2008.
By Order of the Commission:
Todd A. Stevenson,
Secretary, U.S. Consumer Product Safety Commission
[FR Doc. E8-9290 Filed 4-28-08; 8:45 am]
BILLING CODE 6355-01-M
