Ingot Brass And Bronze Industry
16 CFR Part 39 · Trade practice rules · in the Code of Federal Regulations 1938-1959 (4 annual editions)
Scanned CFR pages, OCR text may contain errors; the linked Library of Congress PDF is the authority. Not legal advice; not affiliated with the FTC. These rules and guides are historical: most were rescinded or replaced, so do not assume any is in force.
Latest edition: Library of Congress, 1959 CFR · Earliest edition: 1938 CFR
Text (1959 edition, OCR)
Chapter |—Federal 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 resuiting from the differing methods or quantities in which the goods were soid and delivered, the Commission may establish a prima facie case in a number of ways, including: (1) By showing that the buyer paying the lower price knew that the methods by, and quantities 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 couid not have re- sulted in sufficient cost savings of the kind and character specified as to justify the price differential. § 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 m the foregoing sections. § 37.201 Industry committee. The provisions of § 16.1 of this subchapter shall be applicable to an industry com- mittee established under this part. Part 38—Greeting Card Industry COMMITTEE ON TRADE PRACTICES [ADDED] Sec. 38.201 Industry committee. § 38.201 Industry committee. The provisions of § 16.1 of this subchapter shall be applicable to an industry com- mittee established under this part. (Sec. 6, 38 Stat. 721; 15 U.S.C.46) [21 F.R. 1174, Feb. 21, 1956] . Part 39-——-Ingot Brass and Bronze Industry [Revoked] CopIFIcaTION: Part 39 was revoked, 19 F. R. 3322, June 5, 1964. Trade Commission § 39.1 Part 39—Steel Bobby Pin and Steel Hair Pin Manufacturing Industry [Added] Sec. 39.0 Definitions. 39.1 Misrepresentation and deception in general. 39.2 Imitation or simulation of trade- marks, trade names, etc. 39.3 Inducing breach of contract. 89.4 Commercial bribery. 39.5 Defamation of competitors or false disparagement of their products. 89.6 False invoicing. 89.7 Prohibited forms of trade restraints (unlawful price fixing, etc.). 39.8 False and misleading price quotations, etc. 89.9 Prohibited sales below cost 39.10 Misrepresenting products as conform- ing to standard. 39.11 Prohibited discrimination. 89.12 Substitution of products. 839.13 Exclusive deals. 39.14 Push money. 39.15 Enticing away employees of competi- tors. 89.16 Aiding or abetting use of unfair trade practices. AUTHORITY: §§ 39.0 to 59.16 issued under sec. 6, 38 Stat. 721; 15 U.S. C. 46. Interpret or apply sec. 5, 38 Stat. 719, as amended; 15 U.S. C. 45. Source: §§ 39.0 to 39.16 appear at 22 F. R, 4437, June 25, 1957. § 39.0 Definitions. (a) The industry and its products: Products of the indus- try 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. GROUP 1 $39.1 Misrepresentation and decep- tion in general—-(a) Misrepresentation. It is an unfair trade practice to use, or cause or promote the use of, any state~ ment, representation, guarantee, war- ranty, testimonial, or endorsement, by way of advertising (through newspapers, magazines, circulars, booklets, or by ra~ dio or any other medium), oral repre- sentation, or otherwise, which has the capacity and tendency or effect of mis~ leading or deceiving purchasers, prospec- tive purchasers, or the consuming public with respect to the grade, quality. quan- tity, substance, character, origin, type, length, size, preparation, manufacture, or distribution of any product of the in-~ dustry, or in any other material respect. Page 229