Engraved Stationery And Allied Products Industry Of The New York City Trade Area
16 CFR Part 37 · Trade practice rules · in the Code of Federal Regulations 1959-1976 (11 annual editions)
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Latest edition: Library of Congress, 1976 CFR · Earliest edition: 1959 CFR
Text (1976 edition, OCR)
§ 36.27 merce, to pay or grant, or to receive or accept, anything of value as a commis- sion, brokerage, or other compensation, or any allowance or discount in lieu thereof, except for services rendered in connection with the sale or purchase of goods, wares, or merchandise, either to the other party to such transaction or to an agent, representative, or other in- termediary therein where such inter- mediary is acting in fact for or in behalf, or is subject to the direct or indirect control, of any party to such transaction other than the person by whom such compensation is so granted or paid. (d) Prohibited advertising or promo- tional allowances, etc. It is an unfair trade practice for any member of the industry engaged in commerce to pay or contract for the payment of advertising or promotional allowances or any other thing of value to or for the benefit of a customer of such member in the course of such commerce as compensation or in consideration for any services or facil- ities furnished by or through such cus~ tomer in connection with the processing, handling, sale, or offering for sale of any products or commodities manufactured, sold, or offered for saie by such member, unless such payment or consideration is available on proportionally equai terms to all other customers competing in the distribution of such products or com- modities. (e) Prohibited discriminatory services or facilities. It is an unfair trade prac- tice for any member of the industry engaged in commerce to discriminate in favor of one purchaser against another purchaser or purchasers of a commodity bought for resale, with or without proc- essing, by contracting to furnish or fur- nishing, or by contributing to the fur- nishing of, any services or facilities connected with the processing, handling, sale, or offering for sale of such com- modity so purchased upon terms not accorded to all competing purchasers on proportionaily equal terms. Nore: See subsection (b) of section 2 of the Clayton Act, as amended, which Is set forth tn the note concluding paragraph (a) of this section. (f) Inducing or receiving an illegal discrimination in price. It is an unfair trade practice for any person engaged in commerce, in the course of such com- merce, knowingly to induce or receive a discrimination in price which is pro- hibited by the foregoing provisions of Title 16—Commercial Practices paragraphs (a) to (e) of this section. (Rule 26] § 36.27 Aiding or abetting use of unfair trade practices. It is an unfair trade practice for any person, firm, or corporation to aid, abet, coerce, or induce another, directly or indirectly, to use or promote the use of any unfair trade practice specified in this part. [Rule 27] Group IL § 36.101 ; Shipping chicks to fictitious consignees, etc. The industry condemns the practice of disposing of chicks by shipping them to fictitious consignees or without an order from, or consent of, the consignee, necessitating the sale of such undeliver- able shipménts at public auction by agents of the common carrier in order to secure payment for transportation costs. Such practice is deemed by the industry to be harmful to the chicks and to facilitate the spread of disease. (Rule A) : PART 37—ENGRAVED STATIONERY AND ALLIED PRODUCTS INDUSTRY OF THE NEW YORK CITY TRADE AREA Group I Sec. 87.1 Misuse of the terms “engraved,” “en- graving,” “hand engraved,” “hand engraving,” etc. 87.2 Misrepresentation and deception (general) . 87.3 Misrepresentation as to character of business. 87.4 Deceptive pricing. 87.5 Deceptive invoicing. 87.6 Deceptive use and imitation of trade or corporate names, trade-marks etc. 87.7 Exclusive deals. 87.8 Guarantees, warranties, etc. 37.9 Prohibited sales below cost. 37.10 Use of the word “free.” 87.11 Use of lottery schemes, etc. 37.12 Defamation of competitors or false disparagement of their products. 37.138 Commercial bribery. 37.14 Prohibited forms of trade restrainte (unlawful price fixing, etc.). 37.15 Prohibited discrimination. 37.16 Aiding or abetting use of unfair trade practices. COMMITTEE ON TRADE PRACTICES 37.201 Industry committee. 360 Chapter I—Federal AUTHORITY: The provisions of this Part 37 issued under secs. 6, 6, 838 Stat. 721, 719; 15 U.S.C. 46, 45, unless otherwise noted. > Source: The provisions of this Part 37 ap- pear at 22 F.R. 1923, Mar. 22, 1957, unless otherwise noted. Group I § 37.1 Misuse of the terms “engraved,” “engraving,” “hand engraved,” “Shand engraving,” ete. (a) (1) In the sale, offering for sale, or distribution of letterheads, envelopes, business and social identification cards and programs, wedding invitations and announcements, engagement announce- ments, greeting cards, bank notes, stock certificates, and similar products, which have letters, markings, or designs thereon, it is an unfair trade practice to use the word “engraved,” “engraving,” or any word or term of similar import, as descriptive of such products or of the letters, markings, or designs thereon, unless such letters, markings, or designs are the result of the application of an engraving process as such process is de- fined in subparagraph (2) of this para- graph; or to use the words “hand engraved,” “hand engraving,” or any word or term of similar import, as de- scriptive of such products or of the letters, markings, or designs thereon, unless such letters, markings, or designs are the result of the application of an engraving process, as such process is defined in subparagraph (2) of this para- graph, in which the plates or dies used have been incised or etched wholly by hand. (2) Definition of engraving process: The engraving process to which reference is made in this section is a process by which letters, markings, or designs are produced upon stationery and allied products through the use under pressure of a plate or die of steel, or a hard copper alloy or other hard metal or material suitable for the purpose, in which there has been incised or etched mirror images of such letters, markings, or designs sufficient to force the portion of the stationery or allied products to be in- scribed into the inked incisions in the plate or die and the ink in such incisions to adhere thereto in relief to the general surface thereof. Thermotyping, raised printing, embossing, or any process in which printer’s type is used, is not an engraving process within the meaning of this definition. |. Trade Commission § 37.2 (b) In the sale, offering for sale, or distribution of plates or dies, it is an unfair trade practice to use or cause to be used the word “engraved,” “en- graving,” or any word or term of similar import as descriptive thereof, unless such. plates or dies are suitable for use in the engraving process as such process is de- fined in paragraph (a)(2) of this sec- tion; or to use the words “hand engraved,” “hand engraving,” or any word or term of similar import, as de- scriptive of any plate or die unless (1) such plate or die is suitable for use in an engraving process as such process is defined in paragraph (a)(2) of this section, and (2) the letters, markings, or designs therein have been incised or etched by hand. . § 37.2 Misrepresentation and deception (general). It is an unfair trade practice for any industry member, in connection with the offering for sale, sale, or distribution of industry products, to use, or cause or promote the use of, any trade promo- tional literature, advertising matter, inark, brand, label, trade name, picture, design or device, designation, or other type of oral or written representation, however disseminated or published, or to fail to disclose any material fact, when such representation or failure to disclose has the capacity and tendency or effect of misleading or deceiving purchasers, prospective purchasers, or the consum- ing public with respect to the type, grade, quality, quantity, weight, size, material, finish, composition, construction, manu- facture, layout, design, or sketch of industry products, or in any other material respect. Norm: As used in this section, the terms “layout,” “design,” and “sketch” have the following meanings: Layout, The basic plan or original concep- tion of the respective form, indicated by rough lines to show relative positions and sizes of the component units of copy. — Design. The proper and artistic balancing and combination of lettering styles and sizes with or without illustrations, trade-marks, or other insignia, commensurate with har- mony and good taste. Sketch. The representation of its original idea for creation, revision, or improvement of any form of wording or line or dot on paper or paper products, reproduced either roughly or finished by hand-drawing with pencil, pen or crayon, or the photostat or photograph of same. 361 58-063-—-76——-24 § 37.3 § 37.3 Misrepresentation as to character of business. It is an unfair trade practice for any industry member, in the course of or in connection with the offering for sale, sale, or distribution of industry products, to represent, directly or indirectly, through advertising, personal solicita- tion, or otherwise, that he is a manu- facturer of industry products, or that he owns or controls a workshop mak- ing such products, when such is not the fact, or in any other manner to mis- represent the character, extent, or type of his business. § 37.4 Deceptive pricing. It is an unfair trade practice for any industry member, in the course of or in connection with the offering for sale, sale, or distribution of industry products: (a) To represent, in advertising or other- wise, that the price of any industry prod- uct has been reduced from what it is in fact a fictitious price; or to offer any such industry product for sale at a purported reduction in price when such purported reduction is in fact fictitious; or, (b) Directly or indirectly, to use or to supply to dealers, or to aid or assist in the use of, price tags, labels, or similar devices which are false or fictitious, or which such member has reason to believe are intended to be used or will be used by dealers or salesmen for the purpose of misleading or deceiving the purchas- ing or consuming public in regard to price, or in any other material respect; or (c) To represent that the price of any industry product is a “wholesale” price or a “factory” price, when such is not a fact; or to use any other price repre- sentation which is misleading or decep- tive. § 37.5 Deceptive invoicing. Withholding from or inserting in in- voices any statement or information by reason of which omission or insertion a false, inaccurate, or incomplete record is made which has the capacity and tend- ency or effect of deceiving purchasers, prospective purchasers, or the consuming public in any material respect, is an un- fair trade practice. § 37.6 Deceptive nse and imitation of trade or corporate names, trade- marks, ete. It is an unfair trade practice for any industry member, in connection with the Title 16—Commercial Practices offering for sale, sale, or distributlon of industry products, to use any trade name, corporate name, trade-mark, brand, label, or other trade designation, which has the capacity and tendency or - effect of misleading or decelving pur- chasers or prospective purchasers as to the character, name, nature, or origin of any product of the industry, or which is false or misleading in any material respect. § 37.7 Exclusive deals. It is an unfair trade practice for any industry member to contract to sell or sell any industry product, or fix a price charged therefor, or discount from, or rebate upon, such price, on the condition, agreement, or understanding that the purchaser thereof shall not use or deal in the products of a competitor or com- petitors of such industry member, where the effect of such sale or contract for sale, or of such condition, agreement, or understanding, may be to substan- tially lessen competition or tend to create a monopoly in any line of com- merce. § 37.8 Guarantees, warranties, etc. In the sale, offering for sale, or distri- bution of industry products, it is an un- fair trade practice for any industry member— (a) To represent, directly or by im- plication, that any industry product is guaranteed or warranted unless the na- ture and extent of the guarantee or war- ranty, and the manner in which the guarantor or warrantor will perform thereunder, are clearly and conspicu- ously disclosed; or (b) To use, or cause to be used, any guarantee or warranty which does not clearly and conspicuously disclose the terms, conditions, and limitatlons of such guarantee or warranty and the obliga- tions of the guarantor or warrantor thereunder; and (ec) To represent or imply that an in- dustry product is guaranteed or war- ranted, or to use any guarantee or warranty covering an industry product, when the guarantor or warrantor fails or refuses to observe his obligations thereunder. § 37.9 Prohibited sales below cost. (a) The practice of selling products of the industry at a price less than the cost thereof to the seller, with the purpose or intent, and where ‘the effect is, or 362 Chapter |—Federal where there is a reasonable probability that the effect will be, to substantially injure, suppress, or stifle competition or tend to create a monopoly, is an un- fair trade practice. (b) This section is not to be construed as prohibiting all sales below cost, but only such selling below the seller’s cost as is resorted to and pursued with the wrongful intent or purpose referred to and where the effect is, or where there is reasonable probability that the effect will be, to substantially injure, suppress, or stifle competition or to create a mo- nopoly. Among the situations in which the requisite purpose or intent would ordinarily be lacking are cases in which such sales were: (1) Of seasonable goods near the conclusion of the season; (2) of perishable goods in respect to which deterioration is imminent; (3) of obso- iescent goods; (4) made under judicial process; or (5) made in bona fide dis- continuance of business in the goods concerned. (c) As used in paragraphs (a) and (b) of this section, the term “cost” means the respective seller’s cost and not an average cost in the industry whether such average cost be determined by an industry cost survey or some other method. It consists of the total outlay or expenditure by the seller in the ac- quisition, production, and distribution of the products involved, and comprises all elements of cost such as labor, material, depreciation, taxes (except taxes on net income and such other taxes as are not properly applicable to cost), and general overhead expenses, incurred by the seller in the acqulsition, manufacture, proc- essing, preparation for marketing, sale, and delivery of the products. Not to be included are dividends or interest on borrowed or invested capital, or nonoper- ating losses, such as fire losses and losses from the sale or exchange of capital assets. Operating cost should not be reduced by items of nonoperating in- come, such as income from investments, and gain on the sale of capital assets. (d) Nothing in this section shall be construed as relieving an industry mem- ber from compliance with any of the requirements of the Robinson-Patman Act. § 37.10 Use of the word “free.” It is an unfair trade practice for any industry member, in connection with the offering for sale, sale, or distribution of industry products, to use the word “free,” Trade Commission § 37.13 or any other word or words of similar im- port, in advertisements or in other offers to the public, as descriptive of an article of merchandise, or service, which is not an unconditional gift, under the follow- ing circumstances: (a) When all the conditions, obliga- tions, or other prerequisites to the receipt and retention of the “free” article of merchandise or service offered are not clearly and conspicuously set forth at the outset so as to leave no reasonable prob- ability that the terms of the offer wili be misunderstood; and, regardless of such disclosure: (b) When, with respect to any article of merchandise required to be purchased in order to obtain the “free” article or service, the offerer (1) increases the ordi- nary and usual price of such article of merchandise, or (2) reduces its quality, or (3) reduces the quantity or size thereof. Nore: The disclosure required by para- graph (a) of this section shall appear in close conjunction with the word “free” (or other word or words of similar import) wherever such word first appears in each advertisement or offer. A disclosure in the form of a footnote, to which reference 1s made by use of an asterisk or other symbol placed next to the word “free,” will not be regarded as compliance. § 37.11 Use of lottery schemes, etc. It is an unfair trade practice for any industry meinber to sell, or distribute, or promote the sale and distribution of, industry products by means or through the use of games of chance or lottery schemes. § 37.12 Defamation of competitor or false disparagement of their prod- ucts. It is an unfair trade practice for any industry member— (a) To defame competitors by falsely imputing to them dishonorable conduct, inability to perform contracts, question- able credit standing, or by other false representations; or (b) To falsely disparage competitors’ products as to grade, quality, method of manufacture, and distribution, or in any other respect; or (c) To falsely disparage the business methods, selling prices, values, credit terms, policies, services, or conditions of employment, of competitors. § 37.13 Commercial bribery. It is an unfair trade practice for any industry member, directly or indirectly, 363 § 37.14 to give, or offer to give, or permit or cause to be given, money or anything of value to agents, employees, or repre- sentatives of customers or prospective customers, or to agents, employees, or representatives of competitors’ customers or prospective customers, without the knowledge of their employers or princi- pals, as an inducement to influence their employers or principals to purchase or contract to purchase products manufac- tured, processed, or sold by such industry member or the maker of such gift or offer, or to influence such employers or principals to refrain from dealing in the products of competitors or from dealing or contracting to deal with competitors, or to effect any other advantage in favor of the industry member making such gift or offer with respect to the sale of in- dustry products to such employers or principals. . § 37.14 Prohihited forms of trade re- straints (unlawful price fixing, ete.). It is an unfair trade practice for any industry member, either directly or in- directly, to engage in any planned com- mon course of action, or to enter into or take part in any understanding, agree- ment, combination, or conspiracy, with one or more members of the industry, or with any other person or persons, to fix or maintain the price of any goods or otherwise unlawfully to restrain trade; or to use any form of threat, intimida- tion, or coercion to induce any member *The inhibitions of this section are sub- ject to Public Law 542, approved July 14, 1962, 66 Stat. 632 (the McGuire Act) which provides that with respect to a commodity which bears, or the label or container of which bears, the trade-mark, brand, or name on the producer or distributor of such com- modity and which is in free and open com- petition with commodities of the same gen- eral class produced or distributed by others, & Seller of such a commodity may enter into & contract or agreement with a buyer thereof which establishes a minimum or stipulated price at which such commodity may be re- sold by such buyer when such contract or agreement is lawful as applied to intrastate transactions under the laws of the State, Territory, or territorial Jurisdiction in which the resale is to be made or to which the commodity is to be transported for such resale, and when such contract or agreement is not between manufacturers, or between wholesalers, or between brokers, or between factors, or between retailers, or between persons, firms, or corporations in compe- tition with each other. Title 16—Commercial Practices of the industry or other person or per- sons to engage in any such planned common course of action, or to become a@ party to any such understanding, agreement, combination, or conspiracy. § 37.15 Prohibited discrimination.‘ (a) Prohibited discriminatory prices, rebates, refunds, discounts, credits, etc., which effect unlawful price discrimina- tion. It is an unfair trade practice for any member of the industry engaged in commerce, in the course of such com- merce, to grant or allow, secretly or open- ly, directly or indirectly, any rebate, re- fund, discount, credit, or other form of price differential, where such debate, re- fund, discount, credit, or other form of price differential, effects a discrimina- tion in price between different pur- chasers of goods of like grade and qual- ity, where either or any of the purchases mvolved therein are in commerce, and where the effect thereof may be substan- tially to lessen competition or tend to. create a monopoly in any line of com- merce, or to injure, destroy, or prevent competition with any person who either grants or knowingly receives the benefit. of such discrimination, or with customers of either of them: Provided, however: (1) That the goods involved in any such transaction are sold for use, con- sumption, or resale within any place under the jurisdiction of the United States, and are not purchased by schools, colleges, universities, publc libraries,. churches, hospitals, and charitable in- stitutions not operated for profit, as sup- plies for their own use; (2) That nothing contalned in this. paragraph shall prevent differentials. which make only due allowance for: differences in the cost of manufacture, sale, or delivery resulting from the dif- fering methods of quantities in which such commodities are to such purchasers. sold or delivered; ‘As used in § 37.15, the term “commerce” means “trade or commerce among the several States and with foreign nations, or between the District of Columbia or any Territory of the United States and any State, Territory, or foreign nation, or between any insular possessions or other places under the. jurisdiction of the United States, or between any such possession or place and any State or Territory of the United States or the- District of Columbla, or any foreign nation, or within the District of Columbia or. any Territory or any insular possession or other place under the jurisdiction of the United States.” 364 Chapter I|-—Federal Notre: Cost justification under the above proviso depends upon net savings in cost based on all facts relevant to the transactions under the terms of subparagraph (2) of this paragraph. For example, if a seller regu- larly grants a discount based upon the pur- chase of a specified quantity by a single order for a single delivery, and this discount is justified by cost differences, It does not follow that the same discount can be cost justified if granted to a purchaser of the same quantity by multiple orders or for multiple deliveries. (3) That nothing contained in this section shall prevent persons engaged in selling goods, wares, or merchandise in ‘commerce from selecting their own cus- tomers in bona fide.transactions and not ‘in restraint of trade; (4) That nothing contained in this paragraph. shall prevent price changes from time to time where made in re- sponse to changing conditions affecting the market for or the marketability of the goods concerned, such as but not limited to obsolescence of seasonal goods, actual or imminent deterioration of perishable goods, distress sales under court process, or sales in good faith in discontinuance of business in the goods concerned; (5) That nothing contained in this section shall prevent the meeting in good faith of an equally low price of a com- petitor, or the services or facilities fur- nished by a competitor. (See para- graphs (c) and (d) of this section.) Nore: In complaint proceedings, justifi- cation of price differentials under subpara- graphs (2), (4) and (5) of this paragraph is & matter of affirmative defense to be estab- lished by the person or concern charged with ‘price discrimination. The following are examples of price differ- ential practices to be considered as subject to the prohibitions of this paragraph when involving goods of like grade and quality which are sold for use, consumption, or re- sale within any place under the jurisdiction of the United States, and which are not pur- ‘chased by schools, colleges, universities, pub- lic Hbraries, churches, hospitals, and chari- table institutions not operated for profit, as ‘supplies for their own use; and when— (1) The commerce requirements specified in this paragraph are present; and (2) The price differential has a reasonable probabillty of substantially lessening compe- titlon or tending to create a monopoly in any line of commerce, or of injuring, destroy- ing, or preventing competition with the in- dustry member or with the customer recelv- ing the benefit of the price differential, or with customers of either of them; and Trade Commission § 37.15 (3) The price differential is not justifiea by cost savings (see subparagraph (2) of this Paragraph); and (4) The price differential is not made in response to changing conditions affecting the market for or the marketability of the goods concerned (see subparagraph (4) of this paragraph); and (5) The lower price was not made to meet in good faith an equally low price of a com- petitor (see subparagraph (5) of this para- graph). Example No. 1. At the end of a given period an industry member grants a discount to a customer equivalent to a fixed percent- age of the total of the customer’s purchases during such period and fails to grant such discount to other customers under like conditions, Example No. 2. An industry member sells goods to one or more of his customers at a higher price than he charges other customers for like merchandise. It is immaterial whether or not such discrimination 1s ac- complished by misrepresentation as to the grade and quality of the products sold. . (bo) Prohibited brokerage and com- missions. It is an unfair trade practice for any member of the industry engaged in commerce, in the course of such com- merce, to pay or grant, or to receive or accept, anything of value as a commis- sion, brokerage, or other compensation, or any allowance or discount in lieu thereof, except for services rendered in connection with the sale or purchase of goods, wares, or merchandise, either to the other party to such transaction or to an agent, representative, or other in- termediary therein where such inter- mediary is acting in fact for or in behalf, or is subject to the direct or indirect control, of any party to such transaction other than the person by whom such compensation is so granted or paid. (c) Prohibited advertising or promo- tional allowances, etc. It is an unfair trade practice for any member of the industry engaged in commerce to pay or contract for the payment of advertising or promotional allowances or any other thing of value to or for the benefit of a customer of such member in the course of such commerce as compensation or in consideration for any services or facili- ties furnished by or through such cus- tomer in connection with the process- ing, handling, sale, or offering for sale of any products or commodities manu- factured, sold, or offered for sale by such member, unless such payment or con- sideration is available on proportionally equal terms to all other customers com- peting in the distribution of such prod- ucts or commodities. 365 § 37.16 (d) Prohibited discriminatory services or facilities. It is an unfair trade prac- tice for any member of the industry en- gaged in commerce to discriminate in favor of one purchaser against another purchaser or purchasers of a commodity bought for resale, with or without proc- essing, by contracting to furnish or fur- nishing, or by contributing to the fur- nishing of, any services or facilities connected with the processing, handling, sale, or offering for sale of such commod- ity so purchased upon terms not accorded to all competing purchasers on propor- tionally equal terms. (e) Inducing or receiving an illegal discrimination in price. It is an unfair trade practice for any member of the industry engaged in commerce, in the course of such commerce, knowingly to induce or receive a discrimination in price which is prohibited by paragraphs (a) to (a) of this section. Nore: Paragraph (e) of this section is a re-statement of section 2(f) of the Clayton Act as amended. In a complaint proceeding under thls section, in order to make out a prima facie violation, the Commission must show that the favored buyer induced or re- ceived the lower price knowing, or knowing facts from which he should have known, that such price was violative of section 2 (a) of said act and not justified under sub- paragraphs (2), (4) or (5) of paragraph (a) of this section. When, in any such proceed- ing, the issue is limited to the question of whether the price differential involved made only due allowance for differences in cost of manufacture, sale, or delivery resulting from the differing methods or quantities in which the goods were sold and delivered, the Commission may establish a prima facie cease in a number of ways, including: (1) By showing that the buyer paying the lower price knew that the methods by, and quantitles in, which the goods were sold and delivered to him by the seller were the same as in the case of the competing buyer or buyers paying the higher price or prices; or (2) By showing, when there is a difference in the methods or quantities in which the goods were sold and delivered by the seller to the buyer than in the case of the com- peting buyer or buyers paying the higher price or prices, that the buyer paying the lower price or prices knew the nature and extent of such differences and knew or should have known that they could not bave re- sulted in sufficient cost savings of the kind and character specified as to Justify the price differential. Title 16—Commercial Practices § 37.16 Aiding or abetting use of un- fair trade practices. It is an unfair trade practice for any industry member to aid, abet, coerce, or induce another, directly or indirectly, to use or promote the use of any unfair trade practice specified in the foregoing sections. COMMITTEE ON TRADE PRACTICES § 37.201 Industry committee. The provisions of § 16.1 of this sub- chapter shall be applicable to an industry committee established under this part. PART 39—STEEL BOBBY PIN AND STEEL HAIR PIN MANUFACTURING INDUSTRY Sec. 39.0 Definitions. Group I 89.1 Misrepresentation and deception in general. 89.2 Imitation or simulation of trade- marks, trade names, etc. 39.38 Inducing breach of contract. 39.4 Commercial bribery. 39.56 Defamation of competitors or false disparagement of their products. 39.6 False Invoicing. 39.7 Prohibited forms of trade restraints (unlawful price fixing, etc.). 39.8 False and misleading price quotations etc. 39.9 Prohibited sales below cost. 39.10 Misrepresenting products as conform- Ing to standard. 39.11 Prohibited discrimination. 39.12 Substitution of products. 39.13 Exclusive deals. 39.14 Push money. 39.15 Enticing away employees of competi- tors. 89.16 Alding or abetting use of unfair trade practices. AvTHorITY: The provisions of this Part 39 issued under secs 6, 6, 33 Stat. 721, 719; 15 U.S.C. 46, 45, unless otherwise noted. Source: The provisions of this Part 39 appear at 22 F.R. 4487, June 25, 1957, unless otherwise noted. '§39.0 Definitions. (a) The industry and its products: Products of the industry consist of steel bobby pins and steel hair pins. (b) Members of the Industry are per- sons, firms, corporations, and organiza- tions engaged in the manufacture and sale of any such products. 366