Furnace Pipe And Fitting Industry

16 CFR Part 83 · Trade practice rules · in the Code of Federal Regulations 1938-1949 (2 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 These rules and guides are historical: most were rescinded or replaced, so do not assume any is in force.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, 1949 CFR · Earliest edition: 1938 CFR

Text (1949 edition, OCR)

§ 82.105

petitor and appropriating them for one’s
own use within 2 years after such origi-
nation, is condemned by the industry.

§ 82.105 Establishment of construc-
tion standards. The members of the in-
dustry approve the establishment of
minimum standards of fabric construc-
tion and will cooperate with the United
States Bureau of Standards in an effort
to establish such minimum standards.

Part 88—Furnace Pipe and
Fittings Industry

GROUP I
Sec.
83.1 Inducing breach of contract.
83.2 Commercial bribery.
83.8 False marking or branding.
83.5 Sales below cost.
83.6 Defamation of competitors.
83.7  Misrepresentation in general.
83.8 Deceptive selling methods.
83.9 Imitation of trade-marks, brands, etc.
83.11 Fictitious prices.
GROUP II
83.101 Publication of price lists and terms

of sale.
83.102 Definitions.
83.103 Faise invoicing.

AUTHORITY: §§ 83.1 to 83.103 issued under
sec. 6 (g), 38 Stat. 722; 15 U. S. C. 46 (g).
Interpret or apply sec. 5, 38 Stat. 719, as
amended; 15 U.S. C. 45.

Source: §§ 83.1 to 83.103 contained in trade
practice rules, Furnace Pipe and Fittings In-
dustry, FTC, Nov. 18, 1932.

GROUP I

§ 83.1 Inducing breach of contract.
Maliciously inducing or attempting to
induce the breach of existing contracts
between competitors and their custom-
ers by any false or deceptive means what-
soever, or interfering with or obstructing
the performance of any such contractual
duties or services by any such means,
with the purpose and effect of unduly
hampering, injuring, or embarrassing
competitors in their businesses, is an un-
fair trade practice.

§ 83.2 Commercial bribery. Directly
or indirectly, to give or permit to be given
or offer to give 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

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Title 16—Commercial Practices -

employers or principals to purchase or
contract to purchase industry products
from the maker of such gift or offer, or
to influence such employers or principals
to refrain from dealing or contracting to
deal with competitors, with the tendency
to injuriously affect the business of com-
petitors, is an unfair trade practice.

§ 83.3 False marking or branding.
The false marking or branding of prod-
ucts of the industry, with the effect of
misleading or deceiving purchasers with
respect to the quantity, quality, size or
measurements, grade or substance of the
goods purchased, and the tendency to in-
juriously affect the business of competi-
tors, is an unfair trade practice.

§ 83.5 Sales below cost. The selling
of goods below cost with the intent and
with the effect of injuring a competitor
and where the effect may be to substan-
tially lessen competition or tend to create
a Monopoly or to unreasonably restrain
trade, is an unfair trade practice.

§83.6 Defamation of competitors.
The defamation of competitors by falsely
imputing to them dishonorable conduct,
inability to perform contracts, question-
able credit standing, or by other false
representations, or the false disparage-
ment of the grade or quality of their
goods, with the tendency and capacity to
mislead or deceive purchasers or pro-
spective purchasers, and the tendency to
injuriously affect the business of such
competitors, is an unfair trade practice.

§ 83.7 Misrepresentation in general.
The making or causing or permitting to
be made or published any false, untrue,
or deceptive statement by way of adver-
tisement or otherwise concerning the
grade, quality, quantity, substance, char-
acter, nature, origin, size, or preparation
of any product of the industry having
the tendency and capacity to mislead or
deceive purchasers or prospective pur-
chasers, and the tendency to injuriously
affect the business of competitors, is an
unfair trade practice.

§ 83.8 Deceptive selling methods. The
sale or offering for sale of any product
of the industry by any false means or
device which has the tendency and ca-
pacity to mislead or deceive customers or
prospective customers as to the quantity,
quality, measurements, substance, or size
of such product, and the tendency to in-
juriously affect the business of competi-
tors, is an unfair trade practice.

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Chapter I—Federal Trade Commission

$83.9 Imitation of trade-marks,
brands, etc. The imitation of the trade-
marks, trade names, slogans, or other
marks of identification of competitors,
having the tendency and capacity to mis-
lead or deceive purchasers or prospective
purchasers, and the tendency to injuri-
ously affect the business of such competi-
tors, is an unfair trade practice.

§ 83.11 Fictitious prices. Offering for
sale merchandise at a price reduced
from a marked-up or fictitious price with
the tendency and capacity to mislead or
deceive purchasers or prospective pur-
chasers, and the tendency to injuriously
affect the business of competitors, is an
unfair trade practice.

GROUP II

§ 83.101 Publication of price lists and
terms of sale. (a) The industry approves
the practice of each individual member
of the industry 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.

§ 83.102 Definitions. (a) A jobber in
the furnace fitting business is defined as
a merchant, who, as a middleman, pur-
chases goods in larger quantitles for re-
sale in smaller quantities, principally to
retailers. The quantities bought by the
jobber may vary from a fraction of a car-
load to many carloads; it being the char-
acter, not of his buying, but of his selling,
that marks him as a jobber,

(b) A dealer is defined as one who Sells
to the consumer or user of the merchan-
dise.

§ 83.103 False invoicing. Withhold-
ing from or inserting in the invoice state-
ments which make the invoice a false
record, wholly or in part, of the trans-
action represented on the face thereof,
is condemned by the industry.

Part 84—Warm Air Furnace

Industry
GROUP I

Sec.
84.1 Inducing breach of contract.
84.2 Commercial bribery.
84.3 False marking or branding.
84.5 Sales below cost.
84.6 Defamation of competitors,
84.7. Misrepresentation in general,
84.8 False representations,

§ 84.5

Sec.

84.9 Imitation of trade
names, etc.

84.11 Fictitious prices.
GROUP II

trade-marks,

84.101
84.102
84.103

False invoiclng.

Special quantity prices.

Publication of price lists and terms
of sale.

Incompiete coverage of warzanties,
etc.

AUTHORITY: §§ 84.1 to 84.104 Issued under
sec. 6 (g), 38 Stat. 722; 15 U. S. C. 46 (g).
Interpret or apply sec. 5, 38 Stat. 719, as
amended; 15 U.S. C. 45.

Source: §§ 84.1 to 84.104 contained in trade
practice rules, Warm Air Furnace Industry,
FTC, Nov. 18, 1932.

GROUP T

§84.1 Inducing breach of contract.
Maliciously inducing or attempting to
induce the breach of existing contracts
between competitors and their customers
by any false or deceptlve means whatso-
ever, or interfering with or obstructing
the performance of any such contractual
duties or services by any such means,
with the purpose and effect of unduly
hampering, injuring, or embarrassing
competitors in their businesses, is an un-
fair trade practice.

§ 84.2 Commercial bribery. Directly
or indirectly to give or permit to be given
or offer to give money or anything of
value to agents, employees, or represent-
atives of customers or prospective cus-
tomers or to agents, employees, or rep-
resentatives 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 industry products
from the maker of such gift or offer, or
to influence such employers or principals
to refrain from dealing or contracting to
deal with competitors, is an unfair trade
practice.

§84.3 False marking or branding.
The false marking or branding of prod-
ucts of the industry with the effect of
misleading or deceiving purchasers with
respect to the quantity, quality, grade,
size, heating capacity, or substance of
the goods purchased is an unfair trade
practice.

§ 84.5 Sales below cost. The selling
of goods below cost with the intent and
with the effect of injuring a competitor
and where the effect may be to substan-

84.104

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