Verrazzano trading Corporation

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IN THE MATTER OF VERRAZZANO TRADING CORPORATION, ET AL.

Docket 9038. Interlocutory Order, Mar. 17, 1978 Order directing the filing of a memorandum and answer. thereto setting forth further arguments as to unconstitutionality of certain provisions of the Wool and Textile Acts.

ORDER WITH Respect TO BRIEFING OF CONSTITUTIONAL Issues In preparation for oral argument in this matter, the Commission has noted that respondents take the position in their appeal brief that certain provisions of the Wool Products Labeling Act, 15 U.S.C. 68 and the Textile Fiber Products Identification Act, 15 U.S.C. 70 are unconstitutional insofar as they may require posting of a bond as a condition of continued importation by an importer found to have violated the Acts.

Respondents contend that they did not argue the constitutional issue before the administrative law judge because of his alleged position that the constitutional issue was not a proper one for consideration by the agency, a position that complaint counsel have maintained in their reply brief. Respondents contend that this matter should be remanded to the administrative law judge to consider their constitutional arguments. While the Commission has made no final determination with respect to the contentions raised by the parties in their briefs regarding whether or not the Commission should review the constitutionality of laws it enforces, the Commission does believe that the constitutional issue is a question of law and can be adequately considered by the Commission if it determines to take it up, upon written briefs, without the need for further proceedings before an administrative law judge.1 Accordingly, respondents should submit within 20 days from the date of this order a memorandum setting forth their constitutional arguments, if they desire that such further arguments be considered by the Commission. Complaint counsel shall respond within 15 days. Therefore, It is ordered, That if respondents desire that the Commission consider further arguments as to the unconstitutionality of certain provisions of 15 U.S.C. 68 and 15 U.S.C. 70, they shall file a : In reaching this determination the Commission has reviewed respondents’ Motion received May 17, 1976; complaint counsel's “Reply to Respondents’ Motion for a Subpoena Duces Tecum" received June 2, 1976; complaint counsel's “Motion to Strike" received May 18, 1976; respondents’ reply thereto received June 14, 1976; respondents’ “Reply to Complaint Counsel's Reply. . .” dated June 21, 1976; and Judge Teetor’s “Ruling on Motion to Strike” of duly 14, 1976.

VERRAZZANO TRADING CORP., ET AL. 505 504 Interlocutory Order memorandum within 20 days of service of this order setting forth such further arguments. Complaint counsel shall thereupon file an answer within 15 days of receipt of respondents’ memorandum. Modified Order 1 FTC.