Wire Rope Industry
16 CFR Part 66 · Trade practice rules · in the Code of Federal Regulations 1966-1977 (11 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 These rules and guides are historical: most were rescinded or replaced, so do not assume any is in force.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, 1977 CFR · Earliest edition: 1966 CFR
Text (1977 edition, OCR)
§ 64.109
petent bidders to estimate accurately
the amount of material and labor
required.
(d) Invited bidders, provided they
actually submit bids, should not be re-
quired to pay for the use of plans and
specifications.
(e) A reasonable time should be
allowed for preparation of estimates.
§ 64.109 Identical information to all
bidders.
Where a bidder requests an interpreta-
tion of some feature of the specifications
from the buyer or his representative be-
fore submitting his bid, which would ma-
terially affect the cost of the work the
same information should be submitted
to all other bidders by the buyer or his
representative.
§ 64.110 Publication of price lists and
terms of sale.
(a) The industry approves the prac-
tice of each individual member of the
industry and independently publishing
and circulating to the purchasing trade
its own price lists.
(b) The industry approves.the prac-
tice of making the terms of sale a part
of all published price schedules.
§ 64.111 Definition.
The industry hereby records its ap-
Pproval of the definition of a qualified
wholesale distributor to be one whose
principal business is selling to the retail
distributor.
§ 64.112 Cost accounting.
It is the judgment of this industry
that an accurate knowledge of cost is
indispensable to intelligent and fair com-
petition, and the adoption of accurate
methods of cost finding and estimating
is recommended by the industry.
§ 64.113 Arbitration.
The industry approves the practice of
handling disputes in a fair and reasona-
ble manner, coupled with a spirit of mod-
eration and good will, and every effort
should be made by the disputants
themselves to arrive at an agreement. If
unable to do so they should agree, if
Possible, upon arbitration under some
one of the prevailing codes.
Title 16—Commercial Practices
COMMITTEE ON TRADE PRACTICES
§ 64.201 Industry committee.
The provisions of § 16.1 of this sub-
chapter shall be applicable to an industry
committee established under this part.
[21 F.R. 1174, Feb. 21, 1956]
PART 66—WIRE ROPE INDUSTRY
Sec.
66.0 Definitions.
66.1 Misrepresentation (general).
662 Deception as to origin and disclosure
of foreign origin.
66.3 Substitution of products.
66.4 Misleading price lists.
66.5 Misuse of terms “close-outs,” “over-
runs,” “discontinued lines,” etc.
66.6 Deceptive invoicing, etc.
66.7 Prohibited discrimination.
66.8 Prohibited forms of trade restralnts
(unlawful price fixing, etc.).
66.9 Inducing breach of contract.
66.10 Consignment distribution.
66.11 Exciusive dealing.
66.12 Defamation of competitors or false
disparagement of thelr products.
66.18 Commercial bribery.
66.14 Push money.
66.15 Tie-in sales—coercing purchase of one
product as a prerequisite to the
purchase of other products.
66.16 Unlawful use of volume of freight
traffic.
AvuruHoriry: The provisions of this Part 66
issued under secs. 6, 5, 33 Stat. 721, 719; 15
U.S.C. 46, 45, unless otherwise noted.
Source: The provisions of this Part 66
appear at 28 F.R. 311, Jan. 11, 1963, unless
otherwise noted.
§ 66.0 Definitions.
(a) Industry member. Any person,
firm, corporation, or organization en-
gaged in the manufacture, sale or dis-
tribution of industry products as defined
below.
(b) Industry products. Industry
products are wire rope, wire cable, and
fabricated assemblies consisting pri-
marily (by value, weight or mass) of wire
rope, cable, or strand.
§ 66.1 Misrepresentation (general).
It is an unfair trade practice for any
member of the industry, in connection
with the sale, offering for sale, or distri-
bution of industry products, to make or
publish, or cause to be made or published,
by way of advertising, labeling, or other-
wise, auy statement or representation
which, directly or by implication, has the
450
Chapter I—Federal Trade Commission
capacity and tendency or effect of de-
ceiving purchasers or prospective pur-
chasers as to the kind, type, grade,
quality, price, size, weight, strength,
composition, durability, capacity, safety,
origin or availability, of any industry
product, or which has the capacity and
tendency or effect of deceiving pur-
chasers or prospective purchasers in any
other material respect. [Rule 1]
§ 66.2 Deception as to origin and dis-
closure of foreign origin.
(a) It is an unfair trade practice for
any member of the industry to offer for
sale, sell, or distribute industry products
under any representation which has the
capacity and tendency or effect of mis-
leading or deceiving purchasers or pro-
spective purchasers as to the country of
manufacture thereof.
(b) It is also an unfalr trade practice
for any member of the industry to offer
for sale, sell, or distribute industry prod-
ucts of foreign manufacture without a
clear and conspicuous disclosure of the
country of manufacture thereof on reels
or on any other packaging in which in-
dustry products are sold or if not sold
on reels or in packaging, on labels affixed
to the products, when the failure to make
such disclosure has the capaclty and
tendency or effect of misleading or de-
ceiving purchasers or prospective pur-
chasers. The disclosure of country of
manufacture as required by this section
to be placed on reeis or on or in any other
packaging or on labeis affixed to the
products shall be in the form of a legible
marking and shall be of such size con-
spicuousness, and degree of permanency
as to be and remain noticeable and
legible upon casual inspection during the
marketing of the products and until con-
summation of their sale for use.
Norge: Under this section it 1s an unfair
trade practice to offer for sale, sell, or dis-
tribute industry products of foreign manu-
facture on reels or on or in any other pack-
aging bearing trade names, trademarks,
brands, labels, or other marka of, or identi-
fied with, domestic manufacturers unless the
country of manufacture is stated In imme-
diate connection and conjunction with such
trade names, etc., and in letters of such size,
conspicuousness, and degree of premanency,
as to be and remain noticeable and legible
upon casual inspection during the marketing
§ 66.6
of the products and until consummation of
their sale for use.
{Rule 2]
§ 66.3 Substitution of prodncts.
It is an unfair trade practice for a
member of the industry to make un-
authorized substitutions of products,
where such substitutions have the
capacity and tendency or effect of mis-
leading or deceiving purchasers, by:
(a) Shipping or delivering industry
products which do not conform to
samples submitted, to specifications (in
blds or otherwise) upon which the sale
is consummated, or to representations
made prior to securing the order, with-
out advising the purchaser of the sub-
stitution and obtaining his consent
thereto prior to making shipment or
delivery; or
(b) Palsely representing the reason
for making substitutions. [Rule 3]
§ 66.4 Misleading price lists.
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 publish or circulate price lists which
have the capacity and tendency or effect
of misleading or deceiving purchasers
or prospective purchasers in any ma-
terlal respect. [Rule 4]
§ 66.5 Misuse of terms “close-outs,”
“over-runs,” “discontinued lines,’
ete.
It is an unfair trade practice to offer
for sale, sell, advertise, describe, or
otherwise represent industry products
as “close-outs,” “over-runs,” or “dis-
continued lines,” by use of such terms,
or by words or representations of sim-
lar import, when such either is false,
or has the capacity and tendency or ef-
fect of leading the purchasing or con-
suming public to believe such products
are being offered for sale or sold at
specially reduced prices, when such is
not the fact. [Rule 5]
§ 66.6 Deceptive invoicing, etc.
Withholding from or inserting in in-
voices any statement or information
by reason of which omission or insertion
a faise, inaccurate, or incomplete record
{fs made which has the capacity and
tendency or effect of deceiving pur-
chasers, prospective purchasers, or the
451
§ 66.7
consuming public in any material re-
spect, is an unfair trade practice. {Rule
6]
§ 66.7 Prohibited discrimination.
(a) Prohibited discriminatory prices,
rebates, discounts, etc. It is an unfair
trade practice for any member of the
industry engaged in commerce, in the
course of such commerce, to grant or
allow, secretly or openly, directly or in-
directly, any rebate, refund, discount,
credit, or other form of price differenttal,
where such rebate, refund, discount,
credit, or other form of price differential,
effects a discrimination in price between
different purchasers of goods of like
grade and quality, where either or any
of the purchases involved therein are
in commerce, and where the effect
thereof may be substantially to lessen
competition or tend to create a monopoly
in any line of commerce, or to injure,
destroy, or prevent competition with any
person who either grants or knowingly
receives the benefit of such discrimina-
tion, 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, public libraries,
churches, hospitals, and charitable insti-
tutions not operated for profit, as sup-
plies for thelr own use;
Nore: Purchases by U.S. Government: In
an opinion submitted to the Secretary of War
under date of December 26, 1936, the U.S.
Attorney General advised that the Robinson-
Patman Antidiscrimination Act “is not ap-
plicable to Government contracts for sup-
plies.” (38 Opinions, Attorney General
539.)
(2) That nothing contained in this
paragraph (a) shall prevent differentials
which make only due allowance for dif-
ferences in the cost of manufacture, sale,
or delivery resulting from the differing
methods or quantities in which such
commodities are to such purchasers sold
or delivered;
Nor: Cost justification under subpara-
graph (2) of this paragraph depends upon
net savings in cost based on all facta rele-
vant to the transactions under the terms of
such subparagraph. For example, if a seller
regularly grants a discount based upon the
purchase 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
Title 16—Commercial Practices
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 (a) shall prevent price
changes from time to time where made
in response to changing conditions af-
fecting the market for or the market-
ability of the goods concerned, such as
but not limited to obsolescence of sea-
sonal goods, distress sales under court
process, or sales in good faith in discon~
tinuance of business in the goods con~
cerned;
(5) That nothing contained in this
section shall prevent the meeting in good
faith of an equally low price of a com-
petitor.
Norge: Subsection (b) of section 2 of the
Clayton Act, as amended, reads as follows:
“Upon proof being made, at any hearing on
® complaint under this section, that there
has been discriminatlon in price or services
or facilities furnished, the burden of rebut-
ting the prima facie case thus made by show-
ing justification shall be upon the person
charged with a violation of this section, and
unless justification shall be affirmatively
shown, the Commission is authorized to issue
an order terminating the discrimination:
Provided, however, That nothing herein con-
tained shall prevent a seller rebutting the
prima facie case thus made by showing that
his lower price or the furnishing of services
or facilitles to any purchaser or purchasers
was made in good faith to meet an equally
low price of a competitor, or the services or
facliities furnished by a competitor.”
(b) Examples of prohibited price dif-
ferential practices. The following are
examples of price differential practices
to be considered as subject to the pro-
hibitions of paragraph (a) of this sec-
tion when involving goods of like grade
and quality which are sold for use, con-
sumption, or resale within any place
under the jurisdiction of the United
States, and which are not purchased by
schools, colleges, universities, public li-
braries, churches, hospitals, and charita-
ble institutions not operated for profit,
as supplies for their own use, and when:
(1) The commerce requirements spec-
ified in paragraph (a) of this section are
present; and
(2) The price differential has a rea-
sonable probability of substantially less-
ening competiticn or tending to create
452
Chapter |I—Federal
& monopoly in any line of commerce, or
of injuring, destroying, or preventing
competition with the industry member
or with the customer receiving the ben-
efit of the price differential, or with cus-
tomers of either of them; and
(3) The price differential is not justi-
fied by cost savings (see paragraph (a)
(2) of this section) ; and
(4) The price differential is not made
in response to changing conditions af-
fecting the market for or the market-
ability of the goods concerned (see para-
graph (a) (4) of this section); and
(5) The lower price was not made to
meet in good faith an equally low price
of a competitor (see paragraph (a) (5)
of this section) .
Ezample 1. An industry member pays
freight on shipments to a distributor or pays
freight on shipments from a distributor to
the distributor’s customer (beyond freight)
or pays freight on shipments from the in-
dustry member to the distributor’s customer
and does not pay such freight for all dis-
. tributors, thereby effecting a difference in
price between distributors.
Example 2. At the end of a given period
an industry member grants a discount to a
customer (whether classified as a “super dis-
tributor”’ or otherwise) equivalent to a fixed
percentage of the total of such customer's
purchases during the period and fails to
grant a discount of the same percentage to
other customers on their purchases during
such period.
Example 3. An industry member selis
goods to one or more of his customers at a
higher price than he charges other customers
for ifke merchandise. It is immaterial
whether or not such discrimination is ac-
complished by misrepresentation as to the
grade and quality of the products sold.
Example 4. Terms of 2/10th prox. are
granted by an industry member to some cus-
tomers on goods purchased by them from tbe
industry member. Another customer or cus-
tomers are, nevertheless, allowed to take an
additional discount when making payment
to the industry member within the time pre-
scribed.
Example 5. At the time of price decline,
price adjustments upon inventory of custom-
ers are granted to some customers and not
to other customers,
Ezample 6. An industry member invoices
goods to all his customers at the same price
but supplies additional quantities of such
goods at no extra charge to one or more, but
not to all, such customers; or supplies other
goods or premiums to one or more, but not
to all, such customers for which he makes no
extra charge and which effects an actual
price difference in favor of certain of his cus-
tomers.
Note: As previously indicated, the fore-
going are examples of practices to be con-
Trade Commission § 66.7
sidered violative of the prohibitions of para-
Graph (a) of this section when involving
goods of like grade and quality and when not
subject to the other exemptions, exclusions,
or defenses set fort in this paragraph (b).
(c) Prohibited brokerage and commis-
sions. 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 inter-
mediary therein where such intermediary
is acting in fact for or in behalf, or 1s
subject to the direct or indirect control,
of any party to such transaction other
than the person by whom such compen-
sation is so granted or paid.
(d) Prohibited advertising or promo-
tional allowances, etc. It is an unfair
trade practice for any member of the in-
dustry 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,
handiing, sale, or offering for sale of any
products or commodities manufactured,
sold, or offered for sale by such member,
unless such payment or consideration is
made known to and 1s avallable on
proportionally equal terms to all other
customers competing in the distribution
of such products or commodities.
Nore: Two recent decisions of U.8. Courts
of Appeals (Exquisite Form Brassiere, Inc. vy.
F.T.C. (801 F. (2d) 116) and Shulton, Inc.,
v. F.T.C. (301 F. (24) 36)) hold that the
Qefense afforded by section 2(b) of the
Clayton Act ts avallable to parties charged
with a violation of section 2(d) of that law.
The Commission’s efforts to obtain Supreme
Court review of these two decisions were
unsuccessful.
Bection 2(b) of the Clayton Act 1s set
forth in this section as a note to para-
graph (a) (5). Paragraph (d) of this sec-
tion describes the requirements of sec-
tion 2(d) of the Clayton Act.
(e) Prohibited discriminatory serv-
ices or facilities. It Is an unfair trade
practice for any member of the industry
453
§ 66.8
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-
mishing, or by contributing to the
furnishing of, any services or facilities
(such as, but not limited to, shipping
reels, reel jacks, measuring machines,
reeling and coiling machines, presses
and sleeves for mechanical splicing of
wire rope) connected with the process-
ing, handling, sale, or offering for sale
ef such commodity so purchased upon
terms not accorded to all competing pur-
chasers on proportionally equal terms.
Nore: Subsection (b) of section 2 of the
Clayton Act, as amended, which is set forth
in the note concluding paragraph (a) of
this section is applicable to this paragraph
(e).
(f) Inducing or receiving an illegal
discrimination in price, advertising or
promotional allowances, or services or
facilities. It is an unfair trade practice
for any member of the industry engaged
in commerce, in the course of such com-
merce, knowingly to induce or receive a
discrimination in price, advertising or
promotional ailowances, or services or
facilities, prohibited by the foregoing
provisions of thissection. [Rule 7]
§ 66.8 Prohibited forms of trade re-
straints (unlawful price fixing, etc.).'
It is an unfair trade practice for any
member of the industry, either directly
1The prohibitions of this section are sub-
ject to Public Law 642, approved July 14,
1952, 66 Stat. 632 (the McGuire Act, com-~
monly referred to as the Fair Trade Amend-
ment) which provides that with respect to a
commodity which bears, or the label or con-
tainer of which bears, the trade-mark, brand,
or name of the producer or distributor of
such commodity and which Its in free and
open competition with commodities of the
same general class produced or distributed
by others, a seller of such a commodity may
enter into a contract or agreement with a
buyer thereof which establishes a minimum
or stipulated price at which such commodity
may be resold by such buyer when such con-
tract 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 per-
sons, firms, or corporations in competition
with each other.
Title 16——Commercial Practices
or indirectly, to engage in any planned
common 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
of the industry or other person or per-
sons to engage in any such planned com-
mon course of action, or become a
party to any such understanding, agree-
aoe combination, orconspiracy. [Rule
§ 66.9 Inducing breach of contract.
(a) Knowingly inducing or attempting
to induce the breach of existing lawful
contracts between competltors and their
customers or between competitors and
their suppliers, or interfering with or
obstructing the performance of any such
contractual duties or services, under any
circumstance having the capacity and
tendency or effect of substantially injur-
ing or lessening competition, is an unfair
trade practice.
(b) Nothing in this section is intended
to imply that it is improper for any in-
dustry member to solicit the business of
@ customer of a competing industry
member; nor is the section to be con-
strued as in anywise authorizing any
agreement, understanding, or planned
common course of action by two or more
industry members not to solicit business
from, or to seil to, the customers of
either of them, or customers of any other
industry member. [Rule 9]
§ 66.10 Consignment distribution.
(a) It is an unfair trade practice for
any member of the industry to employ
the practice of shipping industry prod-
ucts on consignment without the ex-
press request or prior consent of the
consignees.
(b) Nothing in this section shall be
construed to authorize any understand-
ing or agreement, combination or con-
spiracy, or planned common course of
action, by and between industry mem-
bers, mutually to conform or restrict
their practice of shipping goods on con-
signment. [Rule 10]
§ 66.11 Exclusive dealing.
it is an unfair trade practice for any
member of the industry to contract to
sell or sell any industry product. or fix
454
Chapter I—Federal Trade Commission
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 competitors of such industry member,
where the effect of such sale or contract
for sale, or of such conditlon, agreement,
or understanding, may be substantially
to lessen competition or tend to create
& monopoly in any line of commerce.
{Rule 11]
§ 66.12 Defamation of competitors or
false disparagement of their prod-
nets.
The defamation of competitors by
falsely imputing to them dishonorable
conduct, inability to perform contracts,
questionable credit standing, or by other
false representations, or the false dis-
paragement of the quality, grade, origin,
use, construction, design, performance,
properties, manufacture, or distribution
of the products of competitors or of their
business methods, selling prices, values,
credit’ terms, policies or services, is an
unfair trade practice. [Rule 12]
§ 66.13 Commercial bribery.
It is an unfair trade practice for a
member of the industry, directly or in-
directly, to give, or offer to give, or
permit or cause to be given, money or
anything of value to agents, employees,
or representatives of customers or pro-
spective customers, or to agents, em-
ployees, or representatives of competi-
tors’ customers or prospective customers,
without the knowledge of their employ-
ers or principals, as an inducement to
influence their employers or principals to
purchase or contract to purchase prod-
ucts manufactured or sold by such in-
dustry member, or to influence such
employers or principals to refrain from
dealing in the products of competltors
or from deallng or contracting to deal
with competitors. [Rule 13]
§ 66.14 Push money.
It ls an unfair trade practice for any
industry member to pay or contract to
pay anything of value to a salesperson
employed by a customer of the industry
member, aS compensation for, or as an
inducement to obtain, special or greater
effort or service on the part of the sales-
person in promoting the resale of prod-
ucts supplied by the industry member to
the customer:
90-058—77——80
§ 66.16
(a) When the agreement or under-
standing under which the payment or
payments are made or are to be made
is without the knowledge and consent of
the salesperson’s employer; or
(b) When the terms and conditions of
the agreement or understanding are such
that any benefit to the salesperson or
customer is dependent on lottery; or
(c) When any provision of the agree-
ment or understanding requires or con-
templates practices or a course or con-
duct unduly and intentionally hamper-
ing sales of products or competitors of
an industry member; or
(ad) When, because of the terms and
conditions of the understanding or
agreement, including its duration, or the
attendant circumstances, the effect may
be to substantlally lessen competition or
tend to create a monopoly; or
(e) When similar payments are not
accorded to salespersons of competing
customers on proportionally equal terms
in compliance with sections 2 (d) and (e)
of the Clayton Act,
Norg: Payments made by an industry
member to a salesperson of a customer un-
der any agreement or understanding that
all or any part of such payments is to be
transferred by the salesperson to the cus-
tomer, or is to result in a corresponding
decrease in the salesperson’s salary, are not
to be considered within the purview of this
section, but are to be considered as subject
to the requirements and provisions of sec-
tion 2(a) of the Clayton Act.
{Rule 14]
§ 66.15 Tie-in sales—coercing purchase
of one prodnct as a prerequisite to
the purchase of other prodncts.
The practice of coercing the purchase
of one or more products as a prerequisite
to the purchase of one or more other
products, where the effect may be to sub-
stantially lessen competition or tend to
create a monopoly or unreasonably to
restrain trade, is an unfair trade prac-
tice. [Rule 15]
§ 66.16 Unlawfal use of volume of
freight traffic.
It is an unfair trade practice for a
member of the industry to use its volume
of freight traffic or that of its subsid-
iartes or that of any other shipper in any
manner, including promises or threats of
rewards or reprisals, to coerce or compel
purchasers or prospective purchasers
engaged in the transportation of freight
to purchase or increase their purchases
of the industry member’s wire rope with
455
§ 67.0
the purpose or intent, or where there
is a reasonable probability that the effect
thereof will be, to eliminate or suppress
competition in the sale or distribution
of wire rope,
Nore: Examples of conduct violative of
this section if pursued with the purpose or
with the probable effect specified therein
include, but are not limited to, the coercion
of purchases or increased purchases of the
industry member's wire rope through:
(a) Promises or assurances of freight
traffic to be shipped in or on the purchaser’s
or prospective purchaser’s transportation
facility;
(b) Promises or assurances of an in-
creased volume of freight traffic to be se
shipped; or
(c) Threats of withdrawal of freight traf-
fio from such purchasers or prospective
purchasers.
PART 67—-PHONOGRAPH RECORD
INDUSTRY
Bec.
67.0 Definitions.
Grour A
67.1 Prohibited discriminatory prices, re-
bates, discounts, etc.
87.2 Prohibited advertising or promotional
allowances, or services or facilities.
67.3 Inducing or receiving an iWlegal dis-
crimination in price, advertising or
promotional allowances, or services
or facilities.
67.4 Prohibited brokerage and commis-
sions.
Grour B
67.5 Probibited forms of trade restraints
(unlawful price fixing, etc.).
67.6 Tie-in sales; requiring purchase of
one product as a prerequisite to the
purchase of other products.
67.7 Exclusive dealing.
67.8 Lifting of stocks.
67.9 Inducing breach of contract.
67.10 Unlawful interference with purchases
or sales.
67.11 Defamation of competitors or false
disparagement of thelr products.
67.12 Push money.
67.13 Commercial bribery.
67.14 Unauthorized shipment.
67.15 Aiding or abetting use of unfair trade
practices.
Group 0
67.16 Misuse of “stereo” and “stereophonic”.
67.17 Cancellation of membership in com-
mercial club or membership orga-
nizations.
67.18 Misrepresenting products as conform-
ing to standard.
67.19 Misrepresentation as to character of
business.
Title 16—Commercial
Practices
Sec.
67.20 Deceptive use of trade or corporate
names, trademarks, etc.
Passing off through imitation or
simulation of trademarks, trade
names, eto.
Palse invoicing.
Substitution of products.
Guarantees, warranties, etc.
Use of the word “free”.
Deceptive pricing.
Misbranding, misrepresentation, and
deceptive selling methods.
AuvurHority: The provisions of this Part 87
issued under secs. 6, 5, 88 Stat. 721, 719; 18
U.8.0. 46, 45, unless otherwise noted.
Source: The provisions of this Part 67
appear at 29 F.R. 18946, Oct. 9, 1964, unless
otherwise noted.
§ 67.0 Definitions.
As used in this part the following terms
shall have the meanings which have been
asslgned to them below:
(a) Industry member. Any person,
firm, corporation or organization en-
gaged in the manufacture, processing,
sale or distribution of industry products
as here defined. (Excluded from the
scope of this part are such suppliers
as phonograph record pressers, jacket
fabricators, and music publishers.)
(b) Industry products. Phonograph
records, magnetic tapes, and similar de-
vices upon which sound has been re-
corded. (Specifically excluded are such
commercial recordings as_ electrical
transcriptions and recorded library
services which are neither: (1) Dis-
tributed to the general public; nor (2)
distributed to any industry member in
connection with the sale or promotion
of recordings which are distributed to
the public. Also excluded are phono-
graphs, tape recorders, and other similar
devices and accessories.)
(c) Recording (noun), Any disc rec-
ord, magnetic tape, wire, or other such
device upon which sound has been re-
corded for subsequent reproduction.
(da) Artist. Any performer or other
person, or any group of persons, who
produces sounds which are captured on
a recording (as recording is here de-
ed).
67.21
67.22
67.23
67.24
67.25
67.26
67.27
Group A
§ 67.1 Prohibited discriminatory prices,
rebates, discounts, etc.
(a) No member of the industry en-
gaged in commerce, in the course of such
commerce, shall grant or allow, secretly
or openly, directly or indirectly, any re-
bate, refund, discount, credit, or other
4.56