[Federal Register Volume 62, Number 110 (Monday, June 9, 1997)]
[Notices]
[Pages 31416-31417]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-15006]
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CONSUMER PRODUCT SAFETY COMMISSION
[CPSC Docket No. 97-C0007]
In the Matter of One Price Clothing Stores, Inc., a Corporation;
Provisional Acceptance of a Settlement Agreement and Order
AGENCY: Consumer Product Safety Commission.
ACTION: Provisional acceptance of a settlement agreement under the
Consumer Product Safety Act.
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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 C.F.R.
Sec. 1605.13(d). Published below is a provisionally-accepted Settlement
Agreement with One Price Clothing Stores, Inc., a corporation.
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 June 23, 1997.
ADDRESSES: Persons wishing to comment on this Settlement Agreement
should send written comments to the Comment 97-C0007, Office of the
Secretary, Consumer Product Safety Commission, Washington, D.C. 20207.
FOR FURTHER INFORMATION CONTACT:
Howard N. Tarnoff, Trial Attorney, Office of Compliance and
Enforcement, Consumer Product Safety Commission, Washington, D.C.
20207; telephone (301) 504-0626.
SUPPLEMENTARY INFORMATION: The text of the Agreement and Order appears
below.
Dated: June 4, 1997.
Sadye E. Dunn,
Secretary.
Consumer Product Safety Commission
[CPSC Docket No. 97-C0007]
In the Matter of One Price Clothing Stores, Inc. a Corporation
Settlement Agreement
1. One Price Clothing Stores, Inc. (hereinafter, ``One Price'' or
``Respondent''), a corporation, enters into this Settlement Agreement
(hereinafter, ``Agreement'') with the staff of the Consumer Product
Safety Commission, and agrees to the entry of the Order incorporated
herein. This Agreement and Order are for the sole purpose of settling
allegations of the staff that Respondent knowingly sold and offered for
sale, in commerce, certain rayon and rayon/cotton blend skirts
featuring a sheer chiffon layer and sheer rayon scarves that failed to
comply with the Standard for the Flammability of Clothing Textiles
(hereinafter, ``Clothing Standard'', 16 CFR Sec. 1610.
I. The Parties
2. The ``staff'' is the staff of the Consumer Product Safety
Commission (hereinafter, ``Commission''), an independent regulatory
agency of the United States Government established pursuant to section
4 of the Consumer Product Safety Act (CPSA), 15 U.S.C. Sec. 2053.
3. Respondent One Price is a corporation organized and existing
under the laws of the State of Delaware with principal corporate
offices at Highway 290-- Commerce Park, 1875 East Main Street, Duncan,
South Carolina 29334.
II. Allegations of the Staff
A. Rayon and Rayon/Cotton Blend Skirts
4. Between June 1994 and August 1994, Respondent sold or offered
for sale, in commerce, 9,800 style 0609 rayon skirts and 8,400 style
1101 rayon/cotton blend skirts featuring a sheer chiffon layer.
5. The skirts identified in paragraph 4 above are subject to the
Clothing Standards, 16 CFR Sec. 1610, issued under section 4 of the
Flammable Fabrics Act (FFA), 15 U.S.C. Sec. 1193.
6. The staff tested the skirts identified in paragraph 4 above for
compliance with the requirements of the Clothing Standard. See 16 CFR
Secs. 1610.3 and .4. The test results showed that the skirts violated
the requirements of the Clothing Standard and, therefore, were
dangerously flammable and unsuitable for clothing because of rapid and
intense burning.
7. On August 5, 1994, the staff informed Respondent that the skirts
identified in paragraph 4 above failed to comply with the Clothing
Standard and requested that One Price review its entire product line
for other potential violations.
8. Respondent knowingly sold and offered for sale, in commerce, the
skirts identified in paragraph 4 above, in violation of section 3 of
the FFA, 15 U.S.C. Sec. 1192, for which a civil penalty may be imposed
pursuant to section 5(e)(1) of the FFA, 15 U.S.C. Sec. 1194(e)(1).
B. Rayon Scarves
9. Between February 1995 and August 1995, Respondent sold or
offered for
[[Page 31417]]
sale, in commerce, 6,000 style 3525 sheer rayon scarves.
10. The scarves identified in paragraph 9 above are subject to the
Clothing Standard, 16 C.F.R. Sec. 1610, issued under section 4 of the
FFA, 15 U.S.C. Sec. 1193.
11. The staff tested the scarves identified in paragraph 9 above
for compliance with the requirements of the Clothing Standard. The test
results showed that the scarves violated the requirements of the
Clothing Standard, and, therefore, were dangerously flammable and
unsuitable for clothing because of rapid and intense burning.
12. Respondent knowingly sold and offered for sale, in commerce,
the scarves identified in paragraph 9 above, in violation of section 3
of the FFA, 15 U.S.C. Sec. 1192, for which a civil penalty may be
imposed pursuant to section 5(e)(1) of the FFA, 15 U.S.C.
Sec. 1194(e)(1).
III. Response of One Price
13. One Price denies the allegations of the staff set forth in
paragraphs 4 through 12 above that it knowingly sold or offered for
sale, in commerce, the skirts and scarves identified in paragraphs 4
and 9 above, in violation of section 3 of the FFA, 15 U.S.C. Sec. 1192.
One Price notes that it knows of no claims or reports of any injuries
associated with the skirts and scarves identified in paragraphs 4 and 9
above. Further, One Price points out that it took immediate action, as
soon as the allegations of problems with these items were brought to
its attention.
IV. Agreement of the Parties
14. The Commission has jurisdiction over this matter under the
Consumer Product Safety Act (CPSA), 15 U.S.C. Secs. 2051 et seq., the
Flammable Fabrics Act (FFA), 15 U.S.C. Secs. 1191 et seq., and the
Federal Trade Commission Act (FTCA), 15 U.S.C. Secs. 41 et seq.
15. This Agreement is entered into for settlement purposes only and
does not constitute an admission by Respondent or a determination by
the Commission that Respondent knowingly violated the FFA or the
Clothing Standard. This Agreement becomes effective only upon its final
acceptance by the Commission and service of the incorporated Order upon
Respondent.
16. The parties agree that this Agreement resolves the allegations
of the staff enumerated in Section II above, and the Commission will
not initiate any other criminal, civil, or administrative action
against Respondent for those alleged violations, based upon information
currently known to the staff.
17. Upon final acceptance of this Agreement by the Commission and
issuance of the Order, Respondent knowingly, voluntarily, and
completely waives any rights it may have in this matter (1) to an
administrative or judicial hearing, (2) to judicial review or other
challenge or contest of the validity of the Commission's actions, (3)
to a determination by the Commission as to whether Respondent failed to
comply with the FFA as alleged, (4) to a statement of findings of fact
and conclusions of law, and (5) to any claims under the Equal Access to
Justice Act.
18. The Commission may disclose the terms of this Agreement and
Order to the public consistent with Section 6(b) of the CPSA, 15 U.S.C.
Sec. 2055(b).
19. Upon provisional acceptance of this Agreement and Order by the
Commission, this Agreement and Order 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 request not to accept this Agreement and
Order within 15 days, this Agreement and Order shall be deemed finally
accepted on the 20th day after the date it is published in the Federal
Register, in accordance with 16 CFR 1605.13(e).
20. Upon final acceptance by the Commission of this Agreement and
Order, the Commission shall issue the attached Order, incorporated
herein by reference. This Agreement becomes effective after service of
the incorporated Order upon Respondent.
21. A violation of the attached Order shall subject Respondent to
appropriate legal action.
22. This Agreement may be used in interpreting the incorporated
Order. Agreements, understandings, representations, or interpretations
made outside of this Agreement may not be used to vary or contradict
its terms.
23. The provisions of this Agreement and Order shall apply to
Respondent, 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.
Dated: May 6, 1997.
By:
Grant H. Gibson,
Vice President and General Counsel, One Price Clothing Stores, Inc.,
Highway 290, Commerce Park, 1875 East Main Street, Duncan, SC 29334.
Dated: May 6, 1997.
By:
Howard N. Tarnoff,
Trial Attorney, Division of Administrative Litigation, Office of
Compliance.
Eric L. Stone,
Acting Director, Division of Administrative Litigation, Office of
Compliance.
David Schmeltzer,
Assistant Executive Director, Office of Compliance, U.S. Consumer
Product Safety Commission, Washington, DC 20207.
Order
Upon consideration of the Settlement Agreement entered into between
Respondent One Price Clothing Stores, Inc. and the staff of the
Consumer Product Safety Commission; and the Commission having
jurisdiction over the subject matter and Respondent; and it appearing
that the Settlement Agreement and Order is in the public interest,
I
It is Ordered That the Settlement Agreement and Order be and hereby
is accepted.
II
It is further Ordered That Respondent pay to the United States
Treasury a civil penalty of FIFTY THOUSAND DOLLARS ($50,000) within
twenty (20) days after service upon Respondent of the Final Order.
III
It is further Ordered That for a period of three years following
the service upon Respondent of the Final Order in this matter,
Respondent 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 Order Agreement.
Provisionally accepted and Provisional Order issued on the 4th
day of June, 1997.
By order of the Commission.
Sadye E. Dunn,
Secretary, Consumer Product Safety Commission.
[FR Doc. 97-15006 Filed 6-6-97; 8:45 am]
BILLING CODE 6355-01-M
