[Federal Register: August 12, 2008 (Volume 73, Number 156)]
[Notices]
[Page 46880-46882]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr12au08-41]
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CONSUMER PRODUCT SAFETY COMMISSION
[CPSC Docket No. 08-C0014]
Rebelette International Trading Corporation, Provisional
Acceptance of a Settlement Agreement and Order
AGENCY: Consumer Product Safety Commission.
ACTION: Notice.
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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
Rebelette International Trading Corporation, containing a civil penalty
of $40,000.00.
DATES: Any interested person may ask the Commission not to accept this
agreement or otherwise comment on its contents by filing a written
request with the Office of the Secretary by August 27, 2008.
ADDRESSES: Persons wishing to comment on this Settlement Agreement
should send written comments to the Comment 08-C0014, 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.
August 5, 2008.
Todd A. Stevenson,
Secretary.
United States of America
Consumer Product Safety Commission
In the Matter of Rebelette International Trading Corporation, CPSC
Docket No. 08-C0014.
Settlement Agreement
1. In accordance with 16 CFR 1118.20, Rebelette International
Trading Corporation (``Rebelette'') and the staff (``Staff'') of the
United States Consumer Product Safety Commission (``Commission'')
enter into this
[[Page 46881]]
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. Rebelette is a corporation organized and existing under the
laws of California, with its principal offices located in South El
Monte, California. At all times relevant hereto, Rebelette sold
apparel.
Staff Allegations
4. From July to August, 2007, Rebelette imported 4,793 girls'
hooded sweatshirts with drawstrings through the hood
(``Sweatshirts''). From July to September, 2007, Rebelette sold and/
or distributed in commerce the Sweatshirts.
5. Retailers sold the Sweatshirts to consumers.
6. The Sweatshirts are ``consumer product[s],'' and, at all
times relevant hereto, Rebelette was a ``manufacturer'' of those
consumer products, which were ``distributed in commerce,'' as those
terms are defined in CPSA sections 3(a)(1), (4), (11), and (12), 15
U.S.C. 2052(a)(1), (4), (11), and (12).
7. In February 1996, the Staff issued the Guidelines for
Drawstrings on children's Upper Outerwear (``Guidelines'') to help
prevent children from strangling or entangling on neck and waist
drawstrings. The Guidelines state that drawstrings can cause, and
have caused, injuries and deaths when they catch on items such as
playground equipment, bus doors, or cribs. In the Guidelines, the
Staff recommends that there be no hood and neck drawstrings in
children's upper outerwear sized 2T to 12.
8. In June 1997, ASTM adopted a voluntary standard, ASTM F1816-
97, that incorporated the Guidelines. The Guidelines state that
firms should be aware of the hazards and should be sure garments
they sell conform to the voluntary standard.
9. On May 19, 2006, the Commission posted on its Web site a
letter from the Commission's Director of the Office of Compliance to
manufacturers, importers, and retailers of children's upper
outerwear. The letter urges them to make certain that all children's
upper outerwear sold in the United States complies with ASTM F1816-
97. The letter states that the Staff considers children's upper
outerwear with drawstrings at the hood or neck area to be defective
and to present a substantial risk of injury to young children under
the 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. Rebelette informed the Commission that there had been no
incidents or injuries from the Sweatshirts.
11. Rebelette's distribution in commerce of the Sweatshirts did
not meet the Guidelines or ASTM F1816-97, failed to comport with the
Staff's May 2006 defect notice, and posed a strangulation hazard to
children.
12. On March 5, 2008, the Commission and Rebelette announced a
recall of the Sweatshirts.
13. Rebelette had presumed and actual knowledge that the
Sweatshirts distributed in commerce posed a strangulation hazard and
presented a substantial risk of injury to children under FHSA
section 15(c)(1), 15 U.S.C. 1274(c)(1). Rebelette had obtained
information that reasonably supported the conclusion that the
Sweatshirts contained a defect that could create a substantial
product hazard or that they created an unreasonable risk of serious
injury or death. CPSA sections 15(b)(2) and (3), 15 U.S.C.
2064(b)(2) and (3), required Rebelette to immediately inform the
Commission of the defect and risk.
14. Rebelette knowingly failed to immediately inform the
Commission about the Sweatshirts 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
Rebelette to civil penalties.
Rebelette's Response
15. Rebelette denies the Staff has allegations above that
Rebelette knowingly violated the CPSA.
Agreement of the Parties
16. Under the CPSA, the Commission has jurisdiction over this
matter and over Rebelette.
17. The parties enter into the Agreement for settlement purposes
only. The Agreement does not constitute an admission by Rebelette,
or a determination by the Commission, that Rebelette has knowingly
violated the CPSA.
18. In settlement of the Staff's allegations, Rebelette shall
pay a civil penalty in the amount of forty thousand dollars
($40,000.00) within twenty (20) calendar days of service of the
Commission's final Order accepting the Agreement. The payment shall
be by check payable to the order of the United States Treasury.
19. Upon provisional acceptance of the Agreement, the Agreement
shall be placed on the public record and published in the Federal
Register in accordance with the procedures set forth in 16 CFR
1118.20(e). In accordance with 16 CFR 1118.20(f), if the Commission
does not receive any written request not to accept the Agreement
within fifteen (15) calendar days, the Agreement shall be deemed
finally accepted on the sixteenth (16th) calendar day after the date
it is published in the Federal Register.
20. Upon the Commission's final acceptance of the Agreement and
issuance of the final Order, Rebelette 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 Rebelette 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, Rebelette 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 Rebelette 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 Rebelette 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.
Rebelette International Trading Corporation.
Dated: 6/27/08.
By: Hong Chen,
President, Rebelette International Trading Corporation, 2422 N.
Strozier Avenue, South El Monte, CA 91733.
Dated: 6/27/08.
By: Roger C. Hsu, Esq.
201 South Lake Avenue, Suite 302, Pasadena, CA 91101-3023, Counsel
for Rebelette International Trading Corporation.
U.S. Consumer Product Safety Commission Staff.
J. Gibson Mullan,
Assistant Executive Director, Office of Compliance and Field
Operations.
Ronald G. Yelenik,
Acting Director, Legal Division, Office of Compliance and Field
Operations.
Dated: 7-31-08.
By: Seth B. Popkin,
Trial Attorney, Legal Division, Office Compliance and Field
Operations.
[[Page 46882]]
United States of America
Consumer Product Safety Commission
In the Matter of Rebelette International Trading Corporation, CPSC
Docket No. 08-C0014.
Order
Upon consideration of the Settlement Agreement entered into
between Rebelette International Trading Corporation (``Rebelette'')
and the U.S. Consumer Product Safety Commission (``Commission'')
staff, and the Commission having jurisdiction over the subject
matter and over Rebelette, 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 Rebelette shall pay a civil penalty
in the amount of forty thousand dollars ($40,000.00) within twenty
(20) calendar days of service of the Commission's final Order
accepting the Agreement. The payment shall be made by check payable
to the order of the United States Treasury. Upon the failure of
Rebelette to make the foregoing payment when due, interest on the
unpaid amount shall accrue and be paid by Rebelette at the federal
legal rate of interest set forth at 28 U.S.C. 1961(a) and (b).
Provisionally accepted and provisional Order issued on the 4th
day of August, 2008.
By Order of the Commission.
Todd A. Stevenson,
Secretary, U.S. Consumer Product Safety Commission.
[FR Doc. E8-18396 Filed 8-11-08; 8:45 am]
BILLING CODE 6355-01-M