Wool, Fur, and Textile Regulations

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BILLING CODE 3510-25-M FEDERAL TRADE COMMISSION 16 CFR Parts 300,301, and 303 Wool, Fur, and Textile Regulations AGENCY: Federal Trade Commission. a c t io n : Final rule.____________ t______ _ s u m m a r y : The Federal Trade Commission has made minor modifications to the Rules and Regulations under the Wool Products Labeling Act of 1939, the Fur Products Labeling Act, and the Textile Fiber Products Identification Act. The amendments simplify forms used for seeking registered identification numbers and for filing continuing guaranties.

EFFECTIVE DATE: April 25,1983. FOR FURTHER INFORMATION CONTACT: Charles McGourty, Federal Trade Commission, Los Angeles Regional Office, Suite 13209,11000 Wilshire Boulevard, Los Angeles, California 90024, (213) 209-7575.

SUPPLEMENTARY INFORMATION: The rule amendments simplify forms used under the textile, wool and fur labeling programs for seeking registered identification numbers and filing continuing guaranty forms. These changes eliminate unnecessary provisions and clarify the information required on each form.

Pursuant to provisions in the Wool Products Labeling Act of 1939 (15 U.S.C. 68 et seq.), the Fur Products Labeling Act (15 U.S.C. 69 et seq.) and the Textile Fiber Products Identification Act (15 U.S.C. 70 et seq.) manufacturers and others handling textile, wool and fur products who reside in the United States may, in lieu of listing their firm name on the product, list a registered identification number (RN). This number is issued by the Commission upon submission of a completed application form detailed in the regulations under each of the Acts.

Under these same Acts any person residing in the United States who markets or handles textile, wool or fur products may file a continuing guaranty with the Commission as a means of assuring their customers that their products are accurately labeled. Additionally, under the Textile Act a continuing guaranty may be given by a seller to an individual buyer. The continuing guaranty forms are detailed in the regulations under each of the Acts.

The current RN and continuing guaranty forms require the information to be notarized. In 1976 the Judicial Code (28 U.S.C. 1746) was amended to provide that where matters under federal law were formerly to be verified by notarization, it is now sufficient that these matters merely be sworn to without notarization. In the new forms provided by this amendment, notarization has been eliminated and forms for certification have been substituted.

The current regulations detail three different forms for the RN and three différent forms for filing a continuing guaranty with the Commission. With the exception of designating which Act the continuing guaranty is filed under, all other information is the same. The Commission perceives no advantage in continuing to require use of individual forms for each Act. Consequently, the amendment provides for the use of a common form for RN applications and a common form for filing a continuing guaranty with the Commission. Each of the new consolidated forms has been reviewed to ensure that they clearly define the information required. The normal notice and comment procedures of the Administrative Procedure Act (5 U.S.C. 553) are unnecessary for these amendments. See 5 U.S.C. 553(b)(B). The amendments are only routine or technical in nature. They simply make the rules comply with the Judicial Code and clarify the instructions necessary for filing an RN application or a continuing guarantee. Because of the routine and technical nature of the changes, the Commission does not believe a public proceeding would be beneficial.

List of Subjects 16 C FR Part 300 Labeling, Textile, Trade practices, Warranties, Wool.

16 C FR Part 301 Fins, Labeling, Sheep, Trade practices, Warranties.

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Federal Register / Vol. 48, No. 59 / Friday, March 25, 1983 / Rules and Regulations 12515 C FR Part 303 Labeling, Textile, Trade practices. PART 300—[AMENDED] PART 301— [AMENDED] PART 303— [AMENDED] Accordingly, Parts 300, 301, and 303 of 16 CFR Chapter I are amended as set forth below.

Authority: For Part 300—15 U.S.C. 68 et seq. For Part 301—15 U.S.C. 69 et seq. For Part 303—15 U.S.C. 70 et seq. BILLING CODE 6750-01-M

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12516 FederaTRegister / Vol. 48, No. 59 / Friday, March 25,1983 / Rules and Regulations 1. Sections 300.4(e), 301.26(d) and 303.20(d) are amended by substituting the following form for the current version (all other text in the affected sections is not changed): Approved bv OMB APPLICATION FOR A REGISTERED IDENTIFICATION NUMBER ESZSm i i u 1.

LEGAL NAME OF APPLICANT FIRM ’ -----------------------------------------------------------------------------------------------' ---------------------------------- 2.

NAME UNDER WHICH APPLICANT DOES BUSINESS. IF DIFFERENT FROM LEGAL NAME 3. TYPE OF COMPANY' \ ' -------------------- -------- D PROPRIETORSHIP_______ 0 PARTNERSHIP 0 CORPORATION 4. ADDRESS OF PRINCIPAL OFFICE OR PLACE OF BUSINESS {Include Zip Code) 5. TYPE OF BUSINESS (P u l an ‘X ' in all the boxes that apply) O MANUFACTURING 0 IMPORTING 0 WHOLESALING O OTHER (P le a s e s p e cify) ______________________ 6. LIST PRODUCTS ■ --------------------------- 7.

CERTIFICATION ' ------------- The products listed in item six (6) above are subject to one or more of the following Acts: The Textile Fiber Products Identification Act (15 U.S.C. §§ 70-70k), The Wool Products Labeling Act (15 U.S.C. §§ 68-68j), or the Fur Products Labeling Act (15 U.S.C. §§ 69-69k). By filing this form with the Federal Trade Commisssion the company named above applies for a registered identification number to use on labels required by these Acts. Under penalty of perjury, I certify that the information supplied on this form is true and correct. 8. NAME (Please p n n t o r type) S IG N A T U R E O F P R O P R IE TO R , P A R T N E R . O R C O R P O R A T E O F F IC IA L 9. TITLE 10. DATE INSTRUCTIONS The Textile Fiber Products Identification Act, The Wool Products Labeling Act, or the Fur Products Labeling Act provide that any marketer or manufacturer of fibrous or fur products covered by those Acts may apply for a registered identification number.Com­ panies can then use the registered identification number, instead of the name under which the Company does business, on the labels, tags, tickets, or stamps that those Acts require to be attached to covered products.

In completing this application, please observe the following: (a) All blanks must be filled in. Include your Zip Code in Item 4. (b) In Item 7 if the applicant firm Is a partnership, a principal partner should sign. If a corporation, one of its principal officers should sign, giving his/her title In Item 9. (c) Send one completed copy to:

Federal Trade Commission Los Angeles Regional Office 11000 Wilshire Blvd., Suite 13209 Los Angeles, CA 90024 A registered identification number (RN) issued by the Commission continues in effect until revoked. The holder of the assigned number must immediately notify the Los Angeles Regional Office in writing of any change in business status. Any change in the ad­ dress of the holder’s principal office- and place of business must also be promptly reported.

BILUNG CODE 6750-01-C

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Federal Register / Vol. 48, No. 59 / Friday, March 25,1983 / Rules and Regulations 12517 2.

Sections 300.33(b), 301.48(a)(3) and 303.38(b) are amended by substituting the following form for the current version (all other text in the affected sections is not changed): Approved by OMB CONTINUING GUARANTY KxpiiwîÏÏyi/84 1.

LEGAL NAME OF GUARANTOR FIRM 2.

name unoer which guarantor firm does b u sin e ss, if differen t from legal name 3. TYPE OF COMPANY □ PROPRIETORSHIP______________ □ PARTNERSHIP _______________ C CORPORATION 4. ADDRESS OF PRINCIPAL OFFICE OR PLACE OF BUSINESS {Include Z ip C o d ») 5. LAW UNDER WHICH THE CONTINUING GUARANTY IS TO BE FILED {P u l an ’X* in the appropriate boxes) □ Under the Textile Fiber Products Identification Act (15 U.S.C. §§ 70-70k): The company named above, which manufactures, markets, or handles textile fiber products, guaranties that^hen it ships or delivers any textile fiber product, the product will not be misbranded, falsely or deceptively invoiced, or falsely or deceptively advertised, within the meaning of the Textile Fiber Products Identification Act and the rules and regulations under that Act. D Under the Wool Products Labeling Act (15 U.S.C. §§ 68-68j): The company named above, which manufactures, markets,.or handles wool products, guaranties that when it ships or delivers any wool product, the product will not be misbranded within the meaning of the Wool Products Labeling Act and the rules and regulations under that Act. D Under the Fur Products Labeling Act (15 U.S.C. §§ 69-69k): The company named above, which manufactures, markets, or handles fur products, guaranties that when it ships or delivers any fur product, the product will not be misbranded, falsely or deceptively invoiced, or falsely or deceptively advertised, within the meaning of the Fur Products Labeling Act and the rules and regulations under that Act. 6. CERTIFICATION Under penalty of perjury, I certify that the information supplied on this form is true and correct. S IG N A T U R E O F P R O P R IE TO R . P R IN C IP A L P A R T N E R . O R C O R P O R A T E O F F IC IA L 7. NAME {Please p rint or type) 8. TITLE 9. CITY AND STATE WHERE SIGNED 10. DATE INSTRUCTIONS The Textile Fiber Products Identification Act, the Wool Products Labeling Act, and the Fur Products Labeling Act provide that any marketer or manufacturer of fibrous or fur products or furs covered by those Acts may file a continuing guaranty with the Federal Trade Commission. A continuing guaranty on file assures customer firms that the guarantor’s products are in conformance with the Act(s) under which the guarantor has filed. Customer firms rely on the continuing guaranties for protection from liability if violations occur.

In completing this form, please observe the following: (a) All appropriate blanks on the form should be filled in. Include your Zip Code in item 4.

(b) In Item 6, if the guarantor firm is a partnership, a principal partner should sign. If a corporation, one of its principal offi­ cers should sign, giving his/her title in Item 8. (c) Send two completed copies to:

Federal Trade Commission Los Angeles Regional Office 11000 Wiishire Blvd., Suite 13209 Los Angeles, CA 90024 Continuing guaranties filed with the Commission continue in effect until revoked. The guarantor must immediately notify the Los Angeles Regional Office in writing of any change in business status. Any change in the address of the guarantor's principal of­ fice or place of business must also be promptly reported. DO NOT USE THIS SPACE Filed_________________ 19____ FEDERAL TRAOE COMMISSION FTC: Form 31*A txev. 12 82' BILLING CODE 6750-01-C

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12518 Federal Register / Vol. 48, No. 59 / Friday, March 25, 1983 / Rules and Regulations 3. Section 300.33(a)(2) is revised to read as follows:

§ 300.33 Continuing guaranty filed with Federal Trade Commission. (a) * * * (2) When filed with the Commission a continuing guaranty shall be fully executed in duplicate. Forms for use in preparing continuing guaranties will be supplied by the Commission upon request.

* * * * * 4. In § 301.48 paragraph (a)(4) is removed as repetitious of material in (a)(2) and paragraph (a)(1) is revised to read as follows:

§ 301.48 Continuing guaranties.

(a)(1) Under section 10 of the Act any person residing in the United States and handling fur or fur products may file a continuing guaranty with the Federal Trade Commission. When filed with the Commission a continuing guaranty shall be fully executed in duplicate. Forms for use in preparing continuing guaranties shall be supplied by the Commission upon request.

* * * * * 5. Section 303.37 is revised to read as follows:

§ 303.37 Form of continuing guaranty from seller to buyer.

Under section 10 of the Act, a seller residing in the United States may give a buyer a continuing guaranty to be applicable to all textile fiber products sold or to be sold. The following is the prescribed form of continuing guaranty from seller to buyer.

We, the undersigned, guaranty that all textile fiber products now being sold or which may hereafter be sold or delivered to ------ are not, and will not be misbranded nor falsely nor deceptively advertised or invoiced under the provisions of the Textile Fiber Products ‘ Identification Act and rules and regulations thereunder. This guaranty effective until------.

Dated, signed, and certified this-----day of------, 19—, at — (City),------ (State or Territory)------(name under which business is conducted.) Under penalty of perjury, I certify that the information supplied in this form is true and correct.

Signature of Proprietor, Principal Partner, or Corporate Official Name (Print or Type) Title 8. In § 303.38 paragraph (a)(1) is revised to read as follows: § 303.38 Continuing guaranty filed with Federal Trade Commission. (a)(1) Under section 10 of the act any person residing in the United States and marketing or handling textile fiber products may file a continuing guaranty with the Federal Trade Commission. When filed with the Commission a continuing guaranty shall be fully executed in duplicate. Forms for use in preparing continuing guaranties will be supplied by the Commission upon request.

By direction of the Commission. Benjamin I. Berman, A ctin g Secretary.

[FR Doc. 83-7732 Filed 3-24-83; 8:45 am]