TRATAMIENTO ARANCELARIO

Artículos de tapicería, alfombras y mantas tejidas a mano con certificado: se clasifican en la posición arancelaria 6304.99.10 del Nomenclador de Importaciones de los Estados Unidos (HTSUS) que corresponde artículos de lana o pelo fino de animal para colgar en la pared certificados como folklóricos y tejidos a mano y tiene un arancel de importación de 3,8%. El producto se encuentra beneficiado por el Sistema Generalizado de Preferencia (SGP) por lo cual el producto de origen argentino puede ingresar con cero por ciento de arancel, siempre que el importador cumpla con los requisitos generales establecidos para acogerse a dicho beneficio. Los productos argentinos que ingresan por la posición arancelaria 6304.99.10 deben además estar certificados por la Secretaria de Cultura de la Presidencia de la Nación para poder acogerse a los beneficios del SGP. Cabe destacar que Canadá, Chile, los países de la Cuenca del Caribe, Israel, países miembros del Pacto Andino, Jordania, México, países miembros del acuerdo de libre comercio de República Dominicana y Centro América y Singapur están exentos del pago de arancel de importación. Mientras que Australia tiene un arancel de importación preferencial del 3,4% y Marruecos 2,1%. Los demás artículos de tapicería, alfombras y mantas: se clasifican en la posición arancelaria 6304.99.15 del Nomenclador de Importaciones de los Estados Unidos (HTSUS) que corresponde a los demás artículos de lana o pelo fino de animal para colgar en la pared distintos de los certificados, tejidos a mano y otros productos folklóricos y tiene un arancel de importación de11.3%. Cabe destacar que Canadá, Chile, los países de la Cuenca del Caribe, Israel, países miembros del Pacto Andino, Jordania, México, países miembros del acuerdo de libre comercio de República Dominicana y Centro América y Singapur están exentos del pago de arancel de importación. Mientras que Australia tiene un arancel de importación preferencial del 5,5% y Marruecos 5,7%. Sin embargo algunos productos (no incluye a las mantas ni alfombras) de la posición arancelaria tiene un arancel de importación de 0% indicado en la subpartida 9817.57.01 del HTSUS. Nota: La posición arancelaria 6304.99.15 se encuentra bajo la cuota textil (469), pero no se aplica a los productos de origen argentino.

REGULACIONES • 7 USC 1854 Textile Trade Agrements: Programa de importaciones que permite a el

Committee for Implementation of Textile Agreements (CITA) del Department of Commerce (DOC) ingresar al Multi-Fiber Agreements con otros países para controlar el comercio de productos textiles y establecer el Programa de Importaciones de Textiles (Textil Import Program), que es requerido por la US Customs.

• 15 USC 68-68j Wool Products Labeling Act: Prohibe el etiquetado falso o erróneo

de los productos de lana y requiere que todos los productos de lana ingresados a EE.UU. sean etiquetados acorde a los requisitos de la ley.

• 15 USC 70 Textile Fiber Products Identification Program: Implementa ciertas

reglas para los exportadores en referencia al etiquetado de productos textiles que se importan a EE.UU. Además identifica el porcentaje de fibras de cada producto.

• 15 USC 1191-1204 Flammable Fabrics Act: Implementa los estándares de

inflamabilidad de fabricación. • 16 CFR Part 303 Rules and Regulations Under the Textile Fiber Products

Identification Act: Regula el etiquetado de los productos textiles en general . • 16 CFR 1610.32 Standard for the Flammability of Clothing Textiles: Especifica

los estándares adoptados por la Consumer Products Safety Commision (CPSC) de inflamabilidad de productos textiles.

• 19 CFR 11.12 Labeling of Wool Products to Indicate Fiber Content: Regulaciones

sobre etiquetar a los productos de lana requeridos por la Federal Trade Commission (FTC).

• 19 CFR 11.12b Labeling Textile Fiber Products: Requisitos necesarios para marcar

y etiquetar los productos textiles. • 19 CFR 12.130 Textiles and Textile Products Country of Origin: Etiquetado de

país de origen. • 19 CFR 102.21 Textile and Apparel Products- Rules of Origin: Determina el país

de origen de los productos textiles y prendas de vestir importados. Nota: Se adjuntan las regulaciones mencionadas arriba.

WEBSITES DE UTILIDAD Información general sobre productos textiles: www.ftc.gov/os/statutes/textilejump.htm Cuotas sobre productos textiles : http://otexa.ita.doc.gov International Fair Trade Association: www.ifat.org

CAMARAS

AMERICAN HOME SEWING & CRAFT ASSOCIATION PO Box 1312 Monroeville, PA 15146 Tel: 212-714-1633 Fax: 412-372-5953 E-mail: info@sewing.org Website: www.sewing.org CARPET & RUG INSTITUTE 301 Holiday Avenue Dalton, GA 30720 Tel: 706-278-3178 Fax: 706-278-8835 Website: www.carpet-rug.com CRAFT YARN COUNCIL OF AMERICA 2500 Lowell Road Ranjo, NC 28054 Tel: 704-824-7838 Fax: 704-824-0630 Website: www.craftyarncouncil.com THE INDIAN CRAFT ASSOCIATION 4010 Carlisle NE - Suite C Albuquerque, NM 87107 Tel: 505-265-9149 Fax: 505-265-8251 E-mail: info@iaca.com Website: www.iaca.com

THE CRAFTS CENTER AT CHF INTERNATIONAL 8601 Georgia Avenue, Suite 800 Silver Spring, MD 20910 Tel: 301-587-4700 Fax: 301-587-7315 E-mail: craftscenter@chfinternational.orgWebsite: www.craftscenter.org

POTENCIALES IMPORTADORES

INTERNATIONAL COOPERATIVE Rt. 1 York Beach Mall South Bethany, DE 19930 Tel: 303-539-6335 Fax: 303-539-6392 Contacto: Kimberly Grimes E-mail: kgrimes@udel.edu Comentario: Estan interesados en ser contactados por productores argentinos en la medida que pertenezcan a la Organización de Comercio Justo local, afiliada a su vez a la IFAT (International Fair Trade Association) . VILLAGE IMPORTS 165 E. Main Street Newark, DE 19771 Tel: 302-368-9923 Website: www.villageimports.com Comentario: Importan de 50 países incluyendo Argentina. Se debe ingresar a la página de internet para contactarlos A FAR AWAY PLACE 11 Wall Street Asheville, NC 28801 Tel: 828-252-1891 Website: www.afarawayplace.com Comentario: Son importadores de artesanías textiles. THE SILK ROAD 2627 Connecticut Ave., NW Washington, DC 20008 Tel: 202-319-1616 Fax: 202-319-1617 Contacto: Kami Afai E-mail: info@silkroaddecor.com Wesbite: www.silkroaddecor.com Comentario: Importa de Medio Oriente alfombras, tapices y otros productos, pero no descartó la posibilidad de importar productos artesanales textiles de Argentina.

IMPORTACIONES DE ESTADOS UNIDOS

IMPORTACIONES EN DOLARES DE LA POSICION 6304.99.10 DONDE SE ENCUENTRAN CLASIFICADOS LOS ARTICULOS DE TACIPERIA, ALFOMBRAS Y MANTAS TEJIDAS A MANO CERTIFICADOS

PAIS 2003 2004 2005Peru 39,668 50,195 29,418Morocco 0 1,905 1,039Colombia 0 1,500 464Nepal 352 322 0Pakistan 11,582 0 0TOTAL 53,605 55,926 32,926

IMPORTACIONES EN DOLARES DE LA POSICION 6304.99.15 DONDE SE ENCUENTRAN CLASIFICADOS LOS DEMAS ARTICULOS DE TACIPERIA, ALFOMBRAS Y MANTAS DISTINTOS DE LOS CERTIFICADOS TEJIDAS A MANO

PAIS 2003 2004 2005India 39,540 123,479 545,785China 42,532 22,756 54,346France 283,261 43,663 30,917Peru 15,475 22,358 15,105United Kingdom 8,682 8,152 10,355Canada 33,044 52,758 8,121Nepal 0 255 7,370Belgium 5,542 3,581 5,774New Zealand 0 0 5,432Ecuador 3,883 3,766 4,185Italy 24,962 45,157 2,614Morocco 914 288 1,825Turkey 300 360 1,400South Africa 1,465 0 963Bolivia 1,013 0 854Austria 0 0 815Jordan 0 0 668Pakistan 6,008 1,656 605Hungary 0 0 500Germany 0 1,559 368Iran 11,810 0 317Kyrgystan 0 800 299Cambodia 0 0 290Egypt 0 6,654 0Japan 1,100 0 0Kenya 2,100 0 0Mexico 0 929 0Portugal 331 0 0Hong Kong 288 0 0Saudi Arabia 0 300 0Afghanistan 341 0 0Madagascar 1,037 0 0

Kazakhstan 2,348 0 0Indonesia 2,153 0 0Guatemala 766 333 0Colombia 2,432 610 0Ireland 1,858 35,689 0Kuwait 0 1,136 0Syria 0 985 0Ghana 0 396 0TOTAL 493,185 377,620 698,908

IMPORTACIONES EN PIES CUADRADOS DE LA POSICION 6304.99.10 DONDE SE ENCUENTRAN CLASIFICADOS LOS ARTICULOS DE TACIPERIA, ALFOMBRAS Y MANTAS TEJIDAS A MANO CERITFICADOS

PAIS 2003 2004 2005Peru 1973 1814 370Morocco 0 162 2Colombia 0 30 18Nepal 18 13 0Pakistan 311 0 0

IMPORTACIONES EN PIES CUADRADOS DE LA POSICION 6304.99.15 DONDE SE ENCUENTRAN CLASIFICADOS LOS DEMAS ARTICULOS DE TACIPERIA, ALFOMBRAS Y MANTAS DISTINTOS DE LOS CERTIFICADOS TEJIDAS A MANO

PAIS 2003 2004 2005India 4,551 7,882 16,054China 2,923 1,197 7,845France 8,090 1,102 887Peru 665 2,141 358United Kingdom 160 56 84Canada 2,447 4,474 372Nepal 0 3 656Belgium 50 20 219New Zealand 0 0 483Ecuador 1,086 582 972Italy 1,556 799 32Morocco 23 1 23Turkey 38 3 6South Africa 35 0 1Bolivia 9 0 42Austria 0 0 26Jordan 0 0 5Pakistan 635 50 4Hungary 0 0 1Germany 0 236 6Iran 1,051 0 10Kyrgystan 0 104 18Cambodia 0 0 14Egypt 0 1,200 0Japan 3 0 0

Kenya 45 0 0Mexico 0 36 0Portugal 10 0 0Hong Kong 1 0 0Saudi Arabia 0 1 0Afghanistan 32 0 0Madagascar 1 0 0Kazakhstan 44 0 0Indonesia 1,187 0 0Guatemala 100 20 0Colombia 15 4 0Ireland 61 3,082 0Kuwait 0 100 0Syria 0 25 0Ghana 0 1 0TOTAL 24,818 23,119 28,118

IMPORTACIONES POR DISTRITO DE LA POSICION 6304.99.10 DONDE SE ENCUENTRAN CLASIFICADOS LOS ARTICULOS DE TACIPERIA, ALFOMBRAS Y MANTAS TEJIDAS A MANO CERITFICADOS

DISTRITO 2003 2004 2005Miami, FL 17,796 30,168 26,312Nogales, AZ 16,890 20,337 1,723New York, NY 0 1,905 1,115New Orleans, LA 0 0 1,039Charlotte, NC 350 0 732Boston, MA 273 0 0Norfolk, VA 352 0 0Chicago, IL 8,230 0 0Cleveland, OH 1,430 322 0Los Angeles, CA 5,053 325 0Philadelphia, PA 0 442 0Great Falls, MT 267 0 0El Paso, TX 961 423 0TOTAL 51,602 53,922 30,921

IMPORTACIONES EN PIES CUADRADOS DE LA POSICION 6304.99.15 DONDE SE ENCUENTRAN CLASIFICADOS LOS DEMAS ARTICULOS DE TACIPERIA, ALFOMBRAS Y MANTAS DISTINTOSDE LOS CERTIFICADOS TEJIDAS A MANO

DISTRITO 2003 2004 2005New Orleans, LA 44,826 116,517 504,343Cleveland, OH 35,986 29,904 49,175Norfolk, VA 0 333 34,179Los Angeles, CA 46,791 12,012 21,346Dallas-Fort Worth, TX 4,637 9,265 18,151New York, NY 23,614 18,022 16,363San Francisco, CA 8,478 61,152 11,568Philadelphia, PA 245,395 16,341 10,280Charlotte, NC 4,365 0 9,128Baltimore, MD 9,565 14,979 6,579Savannah, GA 9,926 9,267 6,442Nogales, AZ 2,910 3,160 4,185Miami, FL 0 651 1,808Boston, MA 3,190 1,300 963Columbia-Snake, OR 2,226 16,852 805Tampa, FL 1,172 0 711Detroit, MI 7,311 1,591 668Honolulu, HI 0 0 605Ogdensburg, NY 1,420 0 395El Paso, TX 671 4,548 325Seattle, WA 1,355 657 300Chicago, IL 640 1,069 299Houston-Galveston, TX 0 0 290Buffalo, NY 4,435 35,689 0Washington, DC 12,024 0 0Great Falls, MT 0 290 0Minneapolis, MN 1,013 13,031 0Charleston, SC 18,205 9,830 0St. Louis, MO 3,030 1,160 0TOTAL 493,185 377,620 698,908

IMPORTACIONES POR PROGRAMA DE LA POSICION 6304.99.10 DONDE SE ENCUENTRAN CLASIFICADOS LOS ARTICULOS DE TACIPERIA, ALFOMBRAS Y MANTAS TEJIDAS A MANO CERITFICADOS

PROGRAMA 2003 2004 2005Andean Act (excluding ATPDEA) 1,589 26,591 27,163No program claimed 11,855 4,166 2,350GSP (excluding GSP for LDBC only) 38,158 23,165 1,408TOTAL 51,602 53,922 30,921

IMPORTACIONES POR PROGRAMA DE LA POSICION 6304.99.15 DONDE SE ENCUENTRAN CLASIFICADOS LOS DEMAS ARTICULOS DE TACIPERIA, ALFOMBRAS Y MANTAS DISTINTOS DE LOS CERTIFICADOS TEJIDAS A MANO

PROGRAMA 2003 2004 2005NAFTA-CA 33,044 52,758 7,726Jordan-U.S. 0 0 668NAFTA-MX 0 929 0TOTAL 35,047 55,691 10,399

EXPORTACIONES DE ESTADOS UNIDOS

EXPORTACIONES EN DOLARES DE LA POSICION 6304.99.00.00 DONDE SE ENCUENTRAN CLASIFICADOS LOS ARTICULOS DE TACIPERIA, ALFOMBRAS Y MANTAS

EXPORTACIONES 2003 2004 2005TOTAL 9,336,111 7,121,186 9,891,136

EXPORTACIONES EN KILOGRAMOS DE LA POSICION 6304.99.00.00 DONDE SE ENCUENTRAN CLASIFICADOS LOS ARTICULOS DE TACIPERIA, ALFOMBRAS Y MANTAS

EXPORTACIONES 2003 2004 2005TOTAL 876,354 500,298 524,141

Fuente: Datos compilados de Departamento de Comercio de EEUU (U.S. Department of Commerce) Departamento del Tesoro (U.S. Treasury) y dela Comisión de Comercio Internacional

From the U.S. Code Online via GPO Access [wais.access.gpo.gov] [Laws in effect as of January 7, 2003] [Document not affected by Public Laws enacted between January 7, 2003 and February 12, 2003] [CITE: 7USC1854] TITLE 7--AGRICULTURE CHAPTER 46--SURPLUS DISPOSAL OF AGRICULTURAL COMMODITIES Sec. 1854. Agreements limiting imports The President may, whenever he determines such action appropriate, negotiate with representatives of foreign governments in an effort to obtain agreements limiting the export from such countries and the importation into the United States of any agricultural commodity or product manufactured therefrom or textiles or textile products, and the President is authorized to issue regulations governing the entry or withdrawal from warehouse of any such commodity, product, textiles, or textile products to carry out any such agreement. In addition, if a multilateral agreement, including but not limited to the Agreement on Textiles and Clothing referred to in section 3511(d)(4) of title 19, has been or is concluded under the authority of this section among countries accounting for a significant part of world trade in the articles with respect to which the agreement was concluded, the President may also issue, in order to carry out such agreement, regulations governing the entry or withdrawal from warehouse of the same articles which are the products of countries not parties to the agreement, or countries to which the United States does not apply the agreement. Nothing herein shall affect the authority provided under section 624 of this title. (May 28, 1956, ch. 327, title II, Sec. 204, 70 Stat. 200; Pub. L. 87- 488, June 19, 1962, 76 Stat. 104; Pub. L. 103-465, title III, Sec. 332, Dec. 8, 1994, 108 Stat. 4947; Pub. L. 104-295, Sec. 20(c)(8), Oct. 11, 1996, 110 Stat. 3528.) Amendments 1996--Pub. L. 104-295 made technical amendment to reference in original act which appears in text as reference to section 3511(d)(4) of title 19. 1994--Pub. L. 103-465 amended second sentence generally. Prior to amendment, second sentence read as follows: ``In addition, if a

multilateral agreement has been or shall be concluded under the authority of this section among countries accounting for a significant part of world trade in the articles with respect to which the agreement was concluded, the President may also issue, in order to carry out such an agreement, regulations governing the entry or withdrawal from warehouse of the same articles which are the products of countries not parties to the agreement.'' 1962--Pub. L. 87-488 authorized President to issue regulations governing entry or withdrawal from warehouse of articles which are products of countries not parties to a multilateral agreement respecting such articles. Effective Date of 1994 Amendment Amendment by Pub. L. 103-465 effective on the date on which the WTO Agreement enters into force with respect to the United States (Jan. 1, 1995), see section 335 of Pub. L. 103-465, set out as an Effective Date note under section 3591 of Title 19, Customs Duties. Ex. Ord. No. 11539. Delegations of Authority Concerning Certain Meats Ex. Ord. No. 11539, June 30, 1970, 35 F.R. 10733, as amended by Ex. Ord. No. 12188, Jan. 2, 1980, 45 F.R. 989, provided: By virtue of the authority vested in me by section 204 of the Agricultural Act of 1956, as amended (7 U.S.C. 1854), and section 301 of title 3 of the United States Code and as President of the United States, it is ordered as follows: Section 1. The United States Trade Representative, with the concurrence of the Secretary of Agriculture and the Secretary of State, is authorized to negotiate bilateral agreements with representatives of governments of foreign countries limiting the export from the respective countries and the importation into the United States of-- (1) fresh, chilled, or frozen cattle meat, (2) fresh, chilled, or frozen meat of goats and sheep (except lambs), and (3) prepared and preserved beef and veal (except sausage) if articles are prepared, whether fresh, chilled, or frozen, but not otherwise preserved, that are the products of such countries. Sec. 2. The Secretary of Agriculture, with the concurrence of the Secretary of State and the Special Representative for Trade Negotiations [United States Trade Representative], is authorized to issue regulations governing the entry or withdrawal from warehouse for consumption in the United States of any such meats to carry out any such agreement. Sec. 3. The Commissioner of Customs shall take such actions and supply such information to the Secretary of Agriculture with respect to

entry or withdrawal from warehouse for consumption in the United States of such meats as the Secretary of Agriculture, with the Concurrence of the Secretary of State and the Special Representative for Trade Negotiations [United States Trade Representative], may request to carry out any such agreements or regulations. Sec. 4. Heads of departments and heads of agencies are hereby authorized to redelegate within their respective departments or agencies the functions herein assigned to them, except that the function of negotiating agreements delegated to the United States Trade Representative by section 1 and the function of issuing regulations delegated to the Secretary of Agriculture by section 2 of this order may be redelegated only to officials required to be appointed by and with the advice and consent of the Senate, as provided by 3 U.S.C. 301. Ex. Ord. No. 11651. Textile Trade Agreements Ex. Ord. No. 11651, Mar. 3, 1972, 37 F.R. 4699, as amended by Ex. Ord. No. 11951, Jan. 6, 1977, 42 F.R. 1453; Ex. Ord. No. 12188, Jan. 2, 1980, 45 F.R. 989, provided: By virtue of the authority vested in me by Section 204 of the Agricultural Act of 1956 (76 Stat. 104), as amended (7 U.S.C. 1854), and section 301 of title 3 of the United States Code, and as President of the United States, it is hereby ordered as follows: Section 1. (a) The Committee for the Implementation of Textile Agreements (hereinafter referred to as the Committee), consisting of representatives of the Departments of State, the Treasury, Commerce, and Labor, with the representative of the Department of Commerce as Chairman, is hereby established to supervise the implementation of all textile trade agreements. It shall be located for administrative purposes in the Department of Commerce. The United States Trade Representative, or his designee, also shall be a member of the Committee. (b) Except as provided in subsection (c) of this section, the Chairman of the Committee, after notice to the representatives of the other member agencies, shall take such actions or shall recommend that appropriate officials or agencies of the United States take such actions as may be necessary to implement each such textile trade agreement: Provided, however, that if a majority of the voting members of the Committee have objected to such action within ten days of receipt of notice from the Chairman, such action shall not be taken except as may otherwise be authorized. (c) To the extent authorized by the President and by such officials as the President may from time to time designate, the Committee shall take appropriate actions concerning textiles and textile products under Section 204 of the Agricultural Act of 1956, as amended [this section], and Articles 3 and 8 of the Arrangement Regarding International Trade in

Textiles done at Geneva on December 20, 1973, and with respect to any other matter affecting textile trade policy. Sec. 2. (a) The Commissioner of Customs shall take such actions as the Committee, acting through its Chairman, shall recommend to carry out all agreements and arrangements entered into by the United States pursuant to Section 204 of the Agricultural Act of 1956, as amended [this section], with respect to entry, or withdrawal from warehouse, for consumption in the United States of textiles and textile products. (b) Under instructions approved by the Committee, the Secretary of State shall designate the Chairman of the United States delegation to all negotiations and consultations with foreign governments undertaken with respect to the implementation of textile trade agreements pursuant to this Order. The Secretary of State shall make such representations to foreign governments, including the presentation of diplomatic notes and other communications, as may be necessary to carry out this Order. Sec. 3. Executive Order No. 11052 of September 28, 1962, as amended, and Executive Order No. 11214 of April 7, 1965, are hereby superseded. Directives issued thereunder to the Commissioner of Customs shall remain in full force and effect in accordance with their terms until modified pursuant to this Order. Sec. 4. This Order shall be effective upon its publication in the Federal Register. Ex. Ord. No. 11851. Delegation of Authority to Issue Regulations Limiting Imports of Certain Cheeses Ex. Ord. No. 11851, April 10, 1975, 40 F.R. 16645, provided: By virtue of the authority vested in me by section 204 of the Agricultural Act of 1956, as amended (7 U.S.C. 1854), and section 301 of Title 3 of the United States Code, and as President of the United States, it is ordered as follows: Section 1. The Secretary of the Treasury, with the concurrence of the Secretary of State and the Special Representative for Trade Negotiations [now United States Trade Representative], in order to implement an agreement concluded in December 1974 with the Commission of the European Communities designed to prevent the transshipment to the United States of certain cheeses on which restitution payments have been made, is authorized to issue regulations: (a) to prevent the importation into the Customs Territory of the United States, except for the Commonwealth of Puerto Rico, of certain cheeses, originating in member states of the European Communities, upon which restitution payments have been made for export to (1) Puerto Rico, the Virgin Islands, other United States possessions and territories or (2) any country other than the United States; (b) to prevent the importation of such cheeses into the Commonwealth of Puerto Rico if such cheeses are imported into the Commonwealth of

Puerto Rico for transshipment to other areas of the Customs Territory of the United States. Sec. 2. Heads of departments and heads of agencies are hereby authorized to redelegate within their respective departments or agencies the functions herein assigned to them, except that the function of issuing regulations delegated to the Secretary of the Treasury by Section 1 of this order may be redelegated only to officials required to be appointed by and with the advice and consent of the Senate, as provided by 3 U.S.C. 301. Gerald R. Ford. Ex. Ord. No. 12475. Textile Import Program Implementation Ex. Ord. No. 12475, May 9, 1984, 49 F.R. 19955, provided: By the authority vested in me as President by the Constitution and laws of the United States of America, including Section 204 of the Agricultural Act of 1956, as amended (76 Stat. 104, 7 U.S.C. 1854), and Section 301 of Title 3 of the United States Code, and in order to prevent circumvention or frustration of multilateral and bilateral agreements to which the United States is a party and to facilitate efficient and equitable administration of the United States Textile Import Program, it is hereby ordered as follows: Section 1. (a) In accordance with policy guidance provided by the Committee for the Implementation of Textile Agreements (CITA), through its Chairman, in accordance with the provisions of Executive Order No. 11651, as amended [set out above], the Secretary of the Treasury shall issue regulations governing the entry or withdrawal from warehouse for consumption of textiles and textile products subject to Section 204 of the Act [7 U.S.C. 1854]. (b) Initial regulations promulgated under this section shall be promulgated no later than 120 days after the effective date of this order. (c) To the extent necessary to implement more effectively the United States textile program under Section 204, such regulations shall include: (i) clarifications in, or revisions to, the country of origin rules for textiles and textile products subject to Section 204 in order to avoid circumvention of multilateral and bilateral textile agreements; (ii) provisions governing withdrawals from a customs bonded warehouse of articles subject to this Order transformed, changed or manipulated in a warehouse after importation but prior to withdrawal for consumption; and (iii) any other provisions determined to be necessary for the effective and equitable administration of the Textile Import Program. (d) Any such regulations may also include provisions requiring importers to provide additional information and/or documentation on

articles subject to this order which are determined to be necessary for the effective and equitable administration of the Textile Import Program. Sec. 2. (a) The Commissioner of Customs shall establish Textile and Apparel Task Force (the Task Force) within the United States Customs Service to coordinate enforcement of regulations concerning importation under the Textile Import Program. (b) CITA, through its Chairman, shall, in accordance with the provisions of Executive Order No. 11651, as amended [set out above], provide information and recommendations to the Task Force, through the Department of the Treasury, on implementation and administration of the Textile Import Program. (c) The Department of Treasury shall, to the extent practicable, inform the Chairman of CITA of the progress of all investigations concerning textile imports; provide notice to CITA of all requests for rulings on matters that could reasonably be expected to affect the implementation of the Textile Import Program; and take into consideration any comments on such requests that CITA, through its Chairman, timely submits. Sec. 3. This order supplements, but does not supersede or amend, Executive Order No. 11651 of March 3, 1972, as amended [set out above]. Sec. 4. This order shall be effective upon its publication in the Federal Register. Ronald Reagan. Section Referred to in Other Sections This section is referred to in title 19 section 2581.

From the U.S. Code Online via GPO Access [wais.access.gpo.gov] [Laws in effect as of January 7, 2003] [Document not affected by Public Laws enacted between January 7, 2003 and February 12, 2003] [CITE: 15USC68] TITLE 15--COMMERCE AND TRADE CHAPTER 2--FEDERAL TRADE COMMISSION; PROMOTION OF EXPORT TRADE AND PREVENTION OF UNFAIR METHODS OF COMPETITION SUBCHAPTER III--LABELING OF WOOL PRODUCTS Sec. 68. Definitions As used in this subchapter-- (a) The term ``person'' means an individual, partnership, corporation, association, or any other form of business enterprise, plural or singular, as the case demands. (b) The term ``wool'' means the fiber from the fleece of the sheep or lamb or hair of the Angora or Cashmere goat (and may include the so- called specialty fibers from the hair of the camel, alpaca, llama, and vicuna) which has never been reclaimed from any woven or felted wool product. (c) The term ``recycled wool'' means (1) the resulting fiber when wool has been woven or felted into a wool product which, without ever having been utilized in any way by the ultimate consumer, subsequently has been made into a fibrous state, or (2) the resulting fiber when wool or reprocessed wool has been spun, woven, knitted, or felted into a wool product which, after having been used in any way by the ultimate consumer, subsequently has been made into a fibrous state. (d) The term ``wool product'' means any product, or any portion of a product, which contains, purports to contain, or in any way is represented as containing wool or recycled wool. (e) The term ``Commission'' means the Federal Trade Commission. (f) The term ``Federal Trade Commission Act'' means the Act of Congress entitled ``An Act to create a Federal Trade Commission, to define its powers and duties, and for other purposes'', approved September 26, 1914, as amended, and the Federal Trade Commission Act approved March 21, 1938 [15 U.S.C. 41 et seq.]. (g) The term ``commerce'' means commerce among the several States or with foreign nations, or in any Territory of the United States or in the District of Columbia, or between any such Territory and another, or between any such Territory and any State or foreign nation, or between the District of Columbia and any State or Territory or foreign nation. (h) The term ``Territory'' includes the insular possessions of the United States and also any Territory of the United States. (Oct. 14, 1940, ch. 871, Sec. 2, 54 Stat. 1128; Pub. L. 96-242, Sec. 1, May 5, 1980, 94 Stat. 344.)

References in Text The Federal Trade Commission Act, referred to in subsec. (f), is act Sept. 26, 1914, ch. 311, 38 Stat. 717, as amended, which is classified generally to subchapter I (Sec. 41 et seq.) of this chapter. For complete classification of this Act to the Code, see section 58 of this title and Tables. Amendments 1980--Subsec. (c). Pub. L. 96-242, Sec. 1(a), substituted ``recycled wool'' for ``reprocessed wool'' as term defined, designated existing definition as cl. (1), and added cl. (2). Subsecs. (d) to (i). Pub. L. 96-242, Sec. 1(b)-(d), redesignated subsecs. (e) to (i) as (d) to (h), respectively, and, in subsec. (d) as so redesignated, substituted ``containing wool or recycled wool'' for ``containing wool, reprocessed wool, or reused wool''. Former subsec. (d), which defined term ``reused wool'', was struck out. Effective Date of 1980 Amendment Section 3 of Pub. L. 96-242 provided that: ``The amendments made by this Act [amending this section and section 68b of this title] shall take effect with respect to wool products manufactured on or after the date sixty days after the date of enactment of this Act [May 5, 1980].'' Effective Date Section 12 of act Oct. 14, 1940, provided that: ``This Act [this subchapter] shall take effect nine months after the date of its passage.'' Short Title Section 1 of act Oct. 14, 1940, provided that: ``This Act [this subchapter] may be cited as the `Wool Products Labeling Act of 1939'.'' Separability Section 13 of act Oct. 14, 1940, provided that: ``If any provision of this Act [this subchapter], or the application thereof to any person, partnership, corporation, or circumstance is held invalid, the remainder of the Act and the application of such provision to any other person, partnership, corporation, or circumstance shall not be affected thereby.'' Transfer of Functions

For transfer of functions of Federal Trade Commission, with certain exceptions, to Chairman of such Commission, see Reorg. Plan No. 8 of 1950, Sec. 1, eff. May 24, 1950, 15 F.R. 3175, 64 Stat. 1264, set out under section 41 of this title. Sec. 68a. Misbranding declared unlawful The introduction, or manufacture for introduction, into commerce, or the sale, transportation, or distribution, in commerce, of any wool product which is misbranded within the meaning of this subchapter or the rules and regulations hereunder, is unlawful and shall be an unfair method of competition, and an unfair and deceptive act or practice, in commerce under the Federal Trade Commission Act [15 U.S.C. 41 et seq.]; and any person who shall manufacture or deliver for shipment or ship or sell or offer for sale in commerce, any such wool product which is misbranded within the meaning of this subchapter and the rules and regulations hereunder is guilty of an unfair method of competition, and an unfair and deceptive act or practice, in commerce within the meaning of the Federal Trade Commission Act. This section shall not apply-- (a) To any common carrier or contract carrier in respect to a wool product shipped or delivered for shipment in commerce in the ordinary course of its business; or (b) To any person manufacturing, delivering for shipment, shipping, selling, or offering for sale, for exportation from the United States to any foreign country a wool product branded in accordance with the specifications of the purchaser and in accordance with the laws of such country. (Oct. 14, 1940, ch. 871, Sec. 3, 54 Stat. 1129.) References in Text The Federal Trade Commission Act, referred to in text, is act Sept. 26, 1914, ch. 311, 38 Stat. 717, as amended, which is classified generally to subchapter I (Sec. 41 et seq.) of this chapter. For complete classification of this Act to the Code, see section 58 of this title and Tables. Section Referred to in Other Sections This section is referred to in sections 68b, 68e, 68g, 68h of this title. Sec. 68b. Misbranded wool products (a) False identification; affixation of label, etc., contents A wool product shall be misbranded-- (1) If it is falsely or deceptively stamped, tagged, labeled, or otherwise identified.

(2) If a stamp, tag, label, or other means of identification, or substitute therefor under section 68c of this title, is not on or affixed to the wool product and does not show-- (A) the percentage of the total fiber weight of the wool product, exclusive of ornamentation not exceeding 5 per centum of said total fiber weight, of (1) wool; (2) recycled wool; (3) each fiber other than wool if said percentage by weight of such fiber is 5 per centum or more; and (4) the aggregate of all other fibers: Provided, That deviation of the fiber contents of the wool product from percentages stated on the stamp, tag, label, or other means of identification, shall not be misbranding under this section if the person charged with misbranding proves such deviation resulted from unavoidable variations in manufacture and despite the exercise of due care to make accurate the statements on such stamp, tag, label, or other means of identification. (B) the maximum percentage of the total weight of the wool product, of any nonfibrous loading, filling, or adulterating matter. (C) the name of the manufacturer of the wool product and/or the name of one or more persons subject to section 68a of this title with respect to such wool product. (D) the name of the country where processed or manufactured. (3) In the case of a wool product containing a fiber other than wool, if the percentages by weight of the wool contents thereof are not shown in words and figures plainly legible. (4) In the case of a wool product represented as wool, if the percentages by weight of the wool content thereof are not shown in words and figures plainly legible, or if the total fiber weight of such wool product if not 100 per centum wool exclusive of ornamentation not exceeding 5 per centum of such total fiber weight. (b) Additional information In addition to information required in this section, the stamp, tag, label, or other means of identification, or substitute therefor under section 68c of this title, may contain other information not violating the provisions of this subchapter or the rules and regulations of the Commission. (c) Substitute identification If any person subject to section 68a of this title with respect to a wool product finds or has reasonable cause to believe its stamp, tag, label, or other means of identification, or substitute therefor under section 68c of this title, does not contain the information required by this subchapter, he may replace same with a substitute containing the information so required. (d) Designations on linings, paddings, etc. This section shall not be construed as requiring designation on

garments or articles of apparel of fiber content of any linings, paddings, stiffening, trimmings, or facings, except those concerning which express or implied representations of fiber content are customarily made, nor as requiring designation of fiber content of products which have an insignificant or inconsequential textile content: Provided, That if any such article or product purports to contain or in any manner is represented as containing wool, this section shall be applicable thereto and the information required shall be separately set forth and segregated. The Commission, after giving due notice and opportunity to be heard to interested persons, may determine and publicly announce the classes of such articles concerning which express or implied representations of fiber content are customarily made, and those products which have an insignificant or inconsequential textile content. (e) False or deceptive advertising in mail order promotions For the purposes of this subchapter, a wool product shall be considered to be falsely or deceptively advertised in any mail order promotional material which is used in the direct sale or direct offering for sale of such wool product, unless such wool product description states in a clear and conspicuous manner that such wool product is processed or manufactured in the United States of America, or imported, or both. (f) Location of label, etc. For purposes of this subchapter, any wool product shall be misbranded if a stamp, tag, label, or other identification conforming to the requirements of this section is not on or affixed to the inside center of the neck midway between the shoulder seams or, if such product does not contain a neck, in the most conspicuous place on the inner side of such product, unless it is on or affixed on the outer side of such product or in the case of hosiery items, on the outer side of such product or package. (Oct. 14, 1940, ch. 871, Sec. 4, 54 Stat. 1129; Pub. L. 96-242, Sec. 2, May 5, 1980, 94 Stat. 344; Pub. L. 98-417, title III, Secs. 304, 305, Sept. 24, 1984, 98 Stat. 1604.) Amendments 1984--Subsec. (a)(2)(D). Pub. L. 98-417, Sec. 304, added subpar. (D). Subsecs. (e), (f). Pub. L. 98-417, Sec. 305, added subsecs. (e) and (f). 1980--Subsec. (a)(2)(A). Pub. L. 96-242 substituted ``recycled wool'' for ``reprocessed wool'' as cl. (2), struck out cl. (3) ``reused wool'', and redesignated existing cls. (4) and (5) as (3) and (4), respectively.

Effective Date of 1984 Amendment Section 307 of title III of Pub. L. 98-417 provided that: ``The amendments made by this title [amending this section and sections 68c and 70b of this title] shall be effective ninety days after the date of enactment of this Act [Sept. 24, 1984].'' Effective Date of 1980 Amendment Amendment by Pub. L. 96-242 effective with respect to wool products manufactured on or after the date sixty days after May 5, 1980, see section 3 of Pub. L. 96-242, set out as a note under section 68 of this title. Transfer of Functions For transfer of functions of Federal Trade Commission, with certain exceptions, to Chairman of such Commission, see Reorg. Plan No. 8 of 1950, Sec. 1, eff. May 24, 1950, 15 F.R. 3175, 64 Stat. 1264, set out under section 41 of this title. Section Referred to in Other Sections This section is referred to in section 68c of this title. Sec. 68c. Stamp, tag, label, or other identification (a) Affixing; retention until sale Any person manufacturing for introduction, or first introducing into commerce a wool product shall affix thereto the stamp, tag, label, or other means of identification required by this subchapter, and the same, or substitutes therefor containing identical information with respect to content of the wool product or any other products contained therein in an amount of 5 per centum or more by weight and other information required under section 68b of this title, shall be and remain affixed to such wool product, whether it remains in its original state or is contained in garments or other articles made in whole or in part therefrom, until sold to the consumer: Provided, That the name of the manufacturer of the wool product need not appear on the substitute stamp, tag, or label if the name of the person who affixes the substitute appears thereon. (b) Removal or mutilation Any person who shall cause or participate in the removal or mutilation of any stamp, tag, label, or other means of identification affixed to a wood \1\ product with intent to violate the provisions of this subchapter, is guilty of an unfair method of competition, and an unfair and deceptive act or practice, in commerce within the meaning of

the Federal Trade Commission Act [15 U.S.C. 41 et seq.]. --------------------------------------------------------------------------- \1\ So in original. Probably should be ``wool''. --------------------------------------------------------------------------- (c) Packages of wool products For the purposes of subsections (a) and (b) of this section, any package of wool products intended for sale to the ultimate consumer shall also be considered a wool product and shall have affixed to it a stamp, tag, label, or other means of identification bearing the information required by section 68b of this title, with respect to the wool products contained therein, unless such package of wool products is transparent to the extent that it allows for the clear reading of the stamp, tag, label, or other means of identification affixed to the wool product, or in the case of hosiery items this section shall not be construed as requiring the affixing of a stamp, tag, label, or other means of identification to each hosiery product contained in a package if (1) such hosiery products are intended for sale to the ultimate consumer in such package, (2) such package has affixed to it a stamp, tag, label, or other means of identification bearing, with respect to the hosiery products contained therein, the information required by section 68b of this title,\2\ and (3) the information on the stamp, tag, label, or other means of identification affixed to such package is equally applicable with respect to each hosiery product contained therein. --------------------------------------------------------------------------- \2\ See Codification note. --------------------------------------------------------------------------- (Oct. 14, 1940, ch. 871, Sec. 5, 54 Stat. 1130; Pub. L. 98-417, title III, Sec. 306, Sept. 24, 1984, 98 Stat. 1605.) References in Text The Federal Trade Commission Act, referred to in text, is act Sept. 26, 1914, ch. 311, 38 Stat. 717, as amended, which is classified generally to subchapter I (Sec. 41 et seq.) of this chapter. For complete classification of this Act to the Code, see section 58 of this title and Tables. Codification Section 68b of this title, the second time it appears in subsec. (c), was in the original ``subsection (4)'' and was translated as reading ``section 4'' as the probable intent of Congress. Amendments 1984--Pub. L. 98-417 designated existing first and second pars. as subsecs. (a) and (b), respectively, and added subsec. (c).

Effective Date of 1984 Amendment Amendment by Pub. L. 98-417 effective 90 days after Sept. 24, 1984, see section 307 of Pub. L. 98-417, set out as a note under section 68b of this title. Section Referred to in Other Sections This section is referred to in sections 68b, 68e, 68h of this title. Sec. 68d. Enforcement of subchapter (a) Authority of Commission Except as otherwise specifically provided herein, this subchapter shall be enforced by the Federal Trade Commission under rules, regulations, and procedure provided for in the Federal Trade Commission Act [15 U.S.C. 41 et seq.]. The Commission is authorized and directed to prevent any person from violating the provisions of this subchapter in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act [15 U.S.C. 41 et seq.] were incorporated into and made a part of this subchapter; and any such person violating the provisions of this subchapter shall be subject to the penalties and entitled to the privileges and immunities provided in said Federal Trade Commission Act in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though the applicable terms and provisions of the Federal Trade Commission Act were incorporated into and made a part of this subchapter. The Commission is authorized and directed to make rules and regulations for the manner and form of disclosing information required by this subchapter, and for segregation of such information for different portions of a wool product as may be necessary to avoid deception or confusion, and to make such further rules and regulations under and in pursuance of the terms of this subchapter as may be necessary and proper for administration and enforcement. The Commission is also authorized to cause inspections, analyses, tests, and examinations to be made of any wool products subject to this subchapter; and to cooperate with any department or agency of the Government, with any State, Territory, or possession, or with the District of Columbia; or with any department, agency, or political subdivision thereof; or with any person. (b) Maintenance of records by wool manufacturers Every manufacturer of wool products shall maintain proper records showing the fiber content as required by this subchapter of all wool products made by him, and shall preserve such records for at least three years.

The neglect or refusal to maintain and so preserve such records is unlawful, and any such manufacturer who neglects or refuses to maintain and so preserve such records shall forfeit to the United States the sum of $100 for each day of such failure, which shall accrue to the United States and be recoverable in a civil action. (Oct. 14, 1940, ch. 871, Sec. 6, 54 Stat. 1131.) References in Text The Federal Trade Commission Act, referred to in subsec. (a), is act Sept. 26, 1914, ch. 311, 38 Stat. 717, as amended, which is classified generally to subchapter I (Sec. 41 et seq.) of this chapter. For complete classification of this Act to the Code, see section 58 of this title and Tables. Transfer of Functions For transfer of functions of Federal Trade Commission, with certain exceptions, to Chairman of such Commission, see Reorg. Plan No. 8 of 1950, Sec. 1, eff. May 24, 1950, 15 F.R. 3175, 64 Stat. 1264, set out under section 41 of this title. Sec. 68e. Condemnation and injunction proceedings (a) Grounds for condemnation; disposition of merchandise Any wool products shall be liable to be proceeded against in the district court of the United States for the district in which found, and to be seized for confiscation by process of libel for condemnation, if the Commission has reasonable cause to believe such wool products are being manufactured or held for shipment, or shipped, or held for sale or exchange after shipment, in commerce in violation of the provisions of this subchapter, and if after notice from the Commission the provisions of this subchapter with respect to said products are not shown to be complied with. Proceedings in such libel cases shall conform as nearly as may be to suits in rem in admiralty, and may be brought by the Commission. If such wool products are condemned by the court, they shall be disposed of, in the discretion of the court, by destruction; by sale; by delivery to the owner or claimant thereof upon payment of legal costs and charges and upon execution of good and sufficient bond to the effect that such wool products will not be disposed of until properly stamped, tagged, labeled, or otherwise identified under the provisions of this subchapter; or by such charitable disposition as the court may deem proper. If such wool products are disposed of by sale, the proceeds, less legal costs and charges, shall be paid into the Treasury of the United States. (b) Grounds for temporary injunction or restraining order; issuance without bond

Whenever the Commission has reason to believe that-- (1) Any person is violating, or is about to violate, sections 68a, 68c, 68f, or 68g of this title, and that (2) It would be to the public interest to enjoin such violation until complaint is issued by the Commission under the Federal Trade Commission Act [15 U.S.C. 41 et seq.] and such complaint dismissed by the Commission or set aside by the court on review, or until order to cease and desist made thereon by the Commission has become final within the meaning of the Federal Trade Commission Act, the Commission may bring suit in the district court of the United States or in the United States court of any Territory, for the district or Territory in which such person resides or transacts business, to enjoin such violation, and upon proper showing a temporary injunction or restraining order shall be granted without bond. (Oct. 14, 1940, ch. 871, Sec. 7, 54 Stat. 1131.) References in Text The Federal Trade Commission Act, referred to in subsec. (b)(2), is act Sept. 26, 1914, ch. 311, 38 Stat. 717, as amended, which is classified generally to subchapter I (Sec. 41 et seq.) of this chapter. For complete classification of this Act to the Code, see section 58 of this title and Tables. Transfer of Functions For transfer of functions of Federal Trade Commission, with certain exceptions, to Chairman of such Commission, see Reorg. Plan No. 8 of 1950, Sec. 1, eff. May 24, 1950, 15 F.R. 3175, 64 Stat. 1264, set out under section 41 of this title. Sec. 68f. Exclusion of misbranded wool products All wool products imported into the United States, except those made more than twenty years prior to such importation, shall be stamped, tagged, labeled, or otherwise identified in accordance with the provisions of this subchapter and all invoices of such wool products required under the Act of June 17, 1930 (c. 497, title IV, 46 Stat. 719), shall set forth, in addition to the matter therein specified, the information with respect to said wool products required under the provisions of this subchapter, which information shall be in the invoices prior to their certification under said Act of June 17, 1930. The falsification of, or failure to set forth, said information in said invoices, or the falsification or perjury of the consignee's declaration provided for in said Act of June 17, 1930, insofar as it relates to said information, shall be an unfair method of competition, and an unfair and deceptive act, or practice, in commerce under the Federal Trade Commission Act [15 U.S.C. 41 et seq.]; and any person who falsifies, or fails to set forth, said information in said invoices, or who falsifies or perjures said consignee's declaration insofar as it

relates to said information, may thenceforth be prohibited by the Commission from importing, or participating in the importation of, any wool products into the United States except upon filing bond with the Secretary of the Treasury in a sum double the value of said wool products and any duty thereon, conditioned upon compliance with the provisions of this subchapter. A verified statement from the manufacturer or producer of such wool products showing their fiber content as required under the provisions of this subchapter may be required under regulations prescribed by the Secretary of the Treasury. (Oct. 14, 1940, ch. 871, Sec. 8, 54 Stat. 1132.) References in Text Provisions covering invoices of wool products required under the Act of June 17, 1930 (c. 497, title IV, 46 Stat. 719), referred to in text, are set out as section 1481 et seq. of Title 19, Customs Duties. Provisions covering certification of invoices under the Act of June 17, 1930, referred to in text, are set out as section 1482 of Title 19. Provisions covering the consignee's declaration under the Act of June 17, 1930, referred to in text, are set out in section 1485 of Title 19. The Federal Trade Commission Act, referred to in text, is act Sept. 26, 1914, ch. 311, 38 Stat. 717, as amended, which is classified generally to subchapter I (Sec. 41 et seq.) of this chapter. For complete classification of this Act to the Code, see section 58 of this title and Tables. Transfer of Functions For transfer of functions of Federal Trade Commission, with certain exceptions, to Chairman of such Commission, see Reorg. Plan No. 8 of 1950, Sec. 1, eff. May 24, 1950, 15 F.R. 3175, 64 Stat. 1264, set out under section 41 of this title. Section Referred to in Other Sections This section is referred to in sections 68e, 68h of this title. Sec. 68g. Guaranty (a) Avoidance of liability; requirements No person shall be guilty under section 68a of this title if he establishes a guaranty received in good faith signed by and containing the name and address of the person residing in the United States by whom the wool product guaranteed was manufactured and/or from whom it was received, that said wool product is not misbranded under the provisions of this subchapter. Said guaranty shall be either (1) a separate guaranty specifically designating the wool product guaranteed, in which case it may be on the

invoice or other paper relating to said wool product; or (2) a continuing guaranty filed with the Commission applicable to all wool products handled by a guarantor in such form as the Commission by rules and regulations may prescribe. (b) Furnishing false guaranty Any person who furnishes a false guaranty, except a person relying upon a guaranty to the same effect received in good faith signed by and containing the name and address of the person residing in the United States by whom the wool product guaranteed was manufactured and/or from whom it was received, with reason to believe the wool product falsely guaranteed may be introduced, sold, transported, or distributed in commerce, is guilty of an unfair method of competition, and an unfair and deceptive act or practice, in commerce within the meaning of the Federal Trade Commission Act [15 U.S.C. 41 et seq.]. (Oct. 14, 1940, ch. 871, Sec. 9, 54 Stat. 1132.) References in Text The Federal Trade Commission Act, referred to in subsec. (b), is act Sept. 26, 1914, ch. 311, 38 Stat. 717, as amended, which is classified generally to subchapter I (Sec. 41 et seq.) of this chapter. For complete classification of this Act to the Code, see section 58 of this title and Tables. Transfer of Functions For transfer of functions of Federal Trade Commission, with certain exceptions, to Chairman of such Commission, see Reorg. Plan No. 8 of 1950, Sec. 1, eff. May 24, 1950, 15 F.R. 3175, 64 Stat. 1264, set out under section 41 of this title. Section Referred to in Other Sections This section is referred to in sections 68e, 68h of this title. Sec. 68h. Criminal penalty Any person who willfully violates sections 68a, 68c, 68f, or 68g(b) of this title shall be guilty of a misdemeanor and upon conviction shall be fined not more than $5,000, or be imprisoned not more than one year, or both, in the discretion of the court: Provided, That nothing herein shall limit other provisions of this subchapter. Whenever the Commission has reason to believe any person is guilty of a misdemeanor under this section, it shall certify all pertinent facts to the Attorney General, whose duty it shall be to cause appropriate proceedings to be brought for the enforcement of the provisions of this section against such person. (Oct. 14, 1940, ch. 871, Sec. 10, 54 Stat. 1133.)

Transfer of Functions For transfer of functions of Federal Trade Commission, with certain exceptions, to Chairman of such Commission, see Reorg. Plan No. 8 of 1950, Sec. 1, eff. May 24, 1950, 15 F.R. 3175, 64 Stat. 1264, set out under section 41 of this title. Sec. 68i. Application of other laws The provision of this subchapter shall be held to be in addition to, and not in substitution for or limitation of, the provisions of any other Act of the United States. (Oct. 14, 1940, ch. 871, Sec. 11, 54 Stat. 1133.) Sec. 68j. Exceptions from subchapter None of the provisions of this subchapter shall be construed to apply to the manufacture, delivery for shipment, shipment, sale, or offering for sale any carpets, rugs, mats, or upholsteries, nor to any person manufacturing, delivering for shipment, shipping, selling, or offering for sale any carpets, rugs, mats, or upholsteries. (Oct. 14, 1940, ch. 871, Sec. 14, 54 Stat. 1133.)

From the U.S. Code Online via GPO Access [wais.access.gpo.gov] [Laws in effect as of January 7, 2003] [Document not affected by Public Laws enacted between January 7, 2003 and February 12, 2003] [CITE: 15USC70] TITLE 15--COMMERCE AND TRADE CHAPTER 2--FEDERAL TRADE COMMISSION; PROMOTION OF EXPORT TRADE AND PREVENTION OF UNFAIR METHODS OF COMPETITION SUBCHAPTER V--TEXTILE FIBER PRODUCTS IDENTIFICATION Sec. 70. Definitions As used in this subchapter-- (a) The term ``person'' means an individual, partnership, corporation, association or any other form of business enterprise. (b) The term ``fiber'' or ``textile fiber'' means a unit of matter which is capable of being spun into a yarn or made into a fabric by bonding or by interlacing in a variety of methods including weaving, knitting, braiding, felting, twisting, or webbing, and which is the basic structural element of textile products. (c) The term ``natural fiber'' means any fiber that exists as such in the natural state. (d) The term ``manufactured fiber'' means any fiber derived by a process of manufacture from any substance which, at any point in the manufacturing process, is not a fiber. (e) The term ``yarn'' means a strand of textile fiber in a form suitable for weaving, knitting, braiding, felting, webbing, or otherwise fabricating into a fabric. (f) The term ``fabric'' means any material woven, knitted, felted, or otherwise produced from, or in combination with, any natural or manufactured fiber, yarn, or substitute therefor. (g) The term ``household textile articles'' means articles of wearing apparel, costumes and accessories, draperies, floor coverings, furnishings, beddings, and other textile goods of a type customarily used in a household regardless of where used in fact. (h) The term ``textile fiber product'' means-- (1) any fiber, whether in the finished or unfinished state, used or intended for use in household textile articles; (2) any yarn or fabric, whether in the finished or unfinished state, used or intended for use in household textile articles; and (3) any household textile article made in whole or in part of yarn or fabric; except that such term does not include a product required to be labeled under the Wool Products Labeling Act of 1939 [15 U.S.C. 68 et seq.]. (i) The term ``affixed'' means attached to the textile fiber product in any manner. (j) The term ``Commission'' means the Federal Trade Commission.

(k) The term ``commerce'' means commerce among the several States or with foreign nations, or in any Territory of the United States or in the District of Columbia, or between any such Territory and another, or between any such Territory and any State or foreign nation or between the District of Columbia and any State or Territory or foreign nation. (l) The term ``Territory'' includes the insular possessions of the United States, and also any Territory of the United States. (m) The term ``ultimate consumer'' means a person who obtains a textile fiber product by purchase or exchange with no intent to sell or exchange such textile fiber product in any form. (Pub. L. 85-897, Sec. 2, Sept. 2, 1958, 72 Stat. 1717.) References in Text The Wool Products Labeling Act of 1939, referred to in subsec. (h)(3), is act Oct. 14, 1940, ch. 871, 54 Stat. 1128, as amended, which is classified generally to subchapter III (Sec. 68 et seq.) of this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 68 of this title and Tables. Effective Date Section 15 of Pub. L. 85-897 provided that: ``This Act [this subchapter] shall take effect eighteen months after enactment [Sept. 2, 1958], except for the promulgation of rules and regulations by the Commission, which shall be promulgated within nine months after the enactment of this Act. The Commission shall provide for the exception of any textile fiber product acquired prior to the effective date of this Act.'' Short Title Section 1 of Pub. L. 85-897 provided: ``That this Act [this subchapter] may be cited as the `Textile Fiber Products Identification Act'.'' Separability Section 13 of Pub. L. 85-897 provided that: ``If any provision of this Act [this subchapter], or the application thereof to any person, as that term is herein defined, is held invalid, the remainder of the Act and the application of the remaining provisions to any person shall not be affected thereby.'' Sec. 70a. Violations of Federal Trade Commission Act (a) Introduction or manufacture for introduction into commerce, sale, advertising or offering for sale in commerce

The introduction, delivery for introduction, manufacture for introduction, sale, advertising, or offering for sale, in commerce, or the transportation or causing to be transported in commerce, or the importation into the United States, of any textile fiber product which is misbranded or falsely or deceptively advertised within the meaning of this subchapter or the rules and regulations promulgated thereunder, is unlawful, and shall be an unfair method of competition and an unfair and deceptive act or practice in commerce under the Federal Trade Commission Act [15 U.S.C. 41 et seq.]. (b) Sale, offering for sale, advertising, delivery, transportation of products advertised for sale in commerce The sale, offering for sale, advertising, delivery, transportation, or causing to be transported, of any textile fiber product which has been advertised or offered for sale in commerce, and which is misbranded or falsely or deceptively advertised, within the meaning of this subchapter or the rules and regulations promulgated thereunder, is unlawful, and shall be an unfair method of competition and an unfair and deceptive act or practice in commerce under the Federal Trade Commission Act [15 U.S.C. 41 et seq.]. (c) Sale, offering for sale, advertising, delivery, transportation of products after shipment in commerce The sale, offering for sale, advertising, delivery, transportation, or causing to be transported, after shipment in commerce, of any textile fiber product, whether in its original state or contained in other textile fiber products, which is misbranded or falsely or deceptively advertised, within the meaning of this subchapter or the rules and regulations promulgated thereunder, is unlawful, and shall be an unfair method of competition and an unfair and deceptive act or practice in commerce under the Federal Trade Commission Act [15 U.S.C. 41 et seq.]. (d) Application of section to common carrier, freight forwarder, etc. This section shall not apply-- (1) to any common carrier or contract carrier or freight forwarder with respect to a textile fiber product received, shipped, delivered, or handled by it for shipment in the ordinary course of its business; (2) to any processor or finisher in performing a contract for the account of a person subject to the provisions of this subchapter if the processor or finisher does not change the textile fiber content of the textile fiber product contrary to the terms of such contract; (3) with respect to the manufacture, delivery for transportation, transportation, sale, or offering for sale of a textile fiber product for exportation from the United States to any foreign country; (4) to any publisher or other advertising agency or medium for the dissemination of advertising or promotional material, except the

manufacturer, distributor, or seller of the textile fiber product to which the false or deceptive advertisement relates, if such publisher or other advertising agency or medium furnishes to the Commission, upon request, the name and post office address of the manufacturer, distributor, seller, or other person residing in the United States, who caused the dissemination of the advertising material; or (5) to any textile fiber product until such product has been produced by the manufacturer or processor in the form intended for sale or delivery to, or for use by, the ultimate consumer: Provided, That this exemption shall apply only if such textile fiber product is covered by an invoice or other paper relating to the marketing or handling of the textile fiber product and such invoice or paper correctly discloses the information with respect to the textile fiber product which would otherwise be required under section 70b of this title to be on the stamp, tag, label, or other identification and the name and address of the person issuing the invoice or paper. (Pub. L. 85-897, Sec. 3, Sept. 2, 1958, 72 Stat. 1718.) References in Text The Federal Trade Commission Act, referred to in subsecs. (a) to (c), is act Sept. 26, 1914, ch. 311, 38 Stat. 717, as amended, which is classified generally to subchapter I (Sec. 41 et seq.) of this chapter. For complete classification of this Act to the Code, see section 58 of this title and Tables. Section Referred to in Other Sections This section is referred to in sections 70b, 70f, 70h, 70i of this title. Sec. 70b. Misbranded and falsely advertised textile fiber products (a) False or deceptive identification Except as otherwise provided in this subchapter, a textile fiber product shall be misbranded if it is falsely or deceptively stamped, tagged, labeled, invoiced, advertised, or otherwise identified as to the name or amount of constituent fibers contained therein. (b) Stamp, tag, label or other means of identification; contents Except as otherwise provided in this subchapter, a textile fiber product shall be misbranded if a stamp, tag, label, or other means of identification, or substitute therefor authorized by section 70c of this title, is not on or affixed to the product showing in words and figures plainly legible, the following: (1) The constituent fiber or combination of fibers in the textile fiber product, designating with equal prominence each

natural or manufactured fiber in the textile fiber product by its generic name in the order of predominance by the weight thereof if the weight of such fiber is 5 per centum or more of the total fiber weight of the product, but nothing in this section shall be construed as prohibiting the use of a nondeceptive trademark in conjunction with a designated generic name: Provided, That exclusive of permissible ornamentation, any fiber or group of fibers present in an amount of 5 per centum or less by weight of the total fiber content shall not be designated by the generic name or the trademark of such fiber or fibers, but shall be designated only as ``other fiber'' or ``other fibers'' as the case may be, but nothing in this section shall be construed as prohibiting the disclosure of any fiber present in a textile fiber product which has a clearly established and definite functional significance where present in the amount contained in such product. (2) The percentage of each fiber present, by weight, in the total fiber content of the textile fiber product, exclusive of ornamentation not exceeding 5 per centum by weight of the total fiber content: Provided, That, exclusive of permissible ornamentation, any fiber or group of fibers present in an amount of 5 per centum or less by weight of the total fiber content shall not be designated by the generic name or trademark of such fiber or fibers, but shall be designated only as ``other fiber'' or ``other fibers'' as the case may be but nothing in this section shall be construed as prohibiting the disclosure of any fiber present in a textile fiber product which has a clearly established and definite functional significance where present in the amount stated: Provided further, That in the case of a textile fiber product which contains more than one kind of fiber, deviation in the fiber content of any fiber in such product, from the amount stated on the stamp, tag, label, or other identification shall not be a misbranding under this section unless such deviation is in excess of reasonable tolerances which shall be established by the Commission: And provided further, That any such deviation which exceeds said tolerances shall not be a misbranding if the person charged proves that the deviation resulted from unavoidable variations in manufacture and despite due care to make accurate the statements on the tag, stamp, label, or other identification. (3) The name, or other identification issued and registered by the Commission, of the manufacturer of the product or one or more persons subject to section 70a of this title with respect to such product. (4) If it is an imported textile fiber product the name of the country where processed or manufactured. (5) If it is a textile fiber product processed or manufactured in the United States, it be so identified. (c) False or deceptive advertisement For the purposes of this subchapter, a textile fiber product shall be considered to be falsely or deceptively advertised if any disclosure or implication of fiber content is made in any written advertisement which is used to aid, promote, or assist directly or indirectly in the

sale or offering for sale of such textile fiber product, unless the same information as that required to be shown on the stamp, tag, label, or other identification under subsection (b)(1) and (2) of this section is contained in the heading, body, or other part of such written advertisement, except that the percentages of the fiber present in the textile fiber product need not be stated. (d) Additional information allowed In addition to the information required in this section, the stamp, tag, label, or other means of identification, or advertisement may contain other information not violating the provisions of this subchapter. (e) Labelling of packages For purposes of this subchapter, in addition to the textile fiber products contained therein, a package of textile fiber products intended for sale to the ultimate consumer shall be misbranded unless such package has affixed to it a stamp, tag, label, or other means of identification bearing the information required by subsection (b) of this section, with respect to such contained textile fiber products, or is transparent to the extent it allows for the clear reading of the stamp, tag, label, or other means of identification on the textile fiber product, or in the case of hosiery items, this section shall not be construed as requiring the affixing of a stamp, tag, label, or other means of identification to each hosiery product contained in a package if (1) such hosiery products are intended for sale to the ultimate consumer in such package, (2) such package has affixed to it a stamp, tag, label, or other means of identification bearing, with respect to the hosiery products contained therein, the information required by subsection (b) of this section, and (3) the information on the stamp, tag, label, or other means of identification affixed to such package is equally applicable with respect to each textile fiber product contained therein. (f) Fabric severed from bolts, pieces or rolls of fabric This section shall not be construed as requiring designation of the fiber content of any portion of fabric, when sold at retail, which is severed from bolts, pieces, or rolls of fabric labeled in accordance with the provisions of this section at the time of such sale: Provided, That if any portion of fabric severed from a bolt, piece, or roll of fabric is in any manner represented as containing percentages of natural or manufactured fibers, other than that which is set forth on the labeled bolt, piece, or roll, this section shall be applicable thereto, and the information required shall be separately set forth and segregated as required by this section. (g) Advertisement of textile product by use of name or symbol of fur- bearing animal For the purposes of this subchapter, a textile fiber product shall

be considered to be falsely or deceptively advertised if the name or symbol of any fur-bearing animal is used in the advertisement of such product unless such product, or the part thereof in connection with which the name or symbol of a fur-bearing animal is used, is a fur or fur product within the meaning of the Fur Products Labeling Act [15 U.S.C. 69 et seq.]: Provided, however, That where a textile fiber product contains the hair or fiber of a fur-bearing animal, the name of such animal, in conjunction with the word ``fiber'', ``hair'', or ``blend'', may be used. (h) Reused stuffing For the purposes of this subchapter, a textile fiber product shall be misbranded if it is used as stuffing in any upholstered product, mattress, or cushion after having been previously used as stuffing in any other upholstered product, mattress, or cushion, unless the upholstered product, mattress, or cushion containing such textile fiber product bears a stamp, tag, or label approved by the Commission indicating in words plainly legible that it contains reused stuffing. (i) Mail order catalog or promotional material For the purposes of this subchapter, a textile fiber product shall be considered to be falsely or deceptively advertised in any mail order catalog or mail order promotional material which is used in the direct sale or direct offering for sale of such textile fiber product, unless such textile fiber product description states in a clear and conspicuous manner that such textile fiber product is processed or manufactured in the United States of America, or imported, or both. (j) Location of stamp, tag, label, or other identification For purposes of this subchapter, any textile fiber product shall be misbranded if a stamp, tag, label, or other identification conforming to the requirements of this section is not on or affixed to the inside center of the neck midway between the shoulder seams or, if such product does not contain a neck, in the most conspicuous place on the inner side of such product, unless it is on or affixed on the outer side of such product, or in the case of hosiery items on the outer side of such product or package. (Pub. L. 85-897, Sec. 4, Sept. 2, 1958, 72 Stat. 1719; Pub. L. 89-35, Secs. 1, 2, June 5, 1965, 79 Stat. 124; Pub. L. 98-417, title III, Secs. 301-303, Sept. 24, 1984, 98 Stat. 1603, 1604.) References in Text The Fur Products Labeling Act, referred to in subsec. (g), is act Aug. 8, 1951, ch. 298, 65 Stat. 175, as amended, which is classified generally to subchapter IV (Sec. 69 et seq.) of this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 69 of this title and Tables.

Amendments 1984--Subsec. (b)(5). Pub. L. 98-417, Sec. 301, added par. (5). Subsec. (e). Pub. L. 98-417, Sec. 302, amended subsec. (e) generally. Prior to amendment, subsec. (e) read as follows: ``This section shall not be construed as requiring the affixing of a stamp, tag, label, or other means of identification to each textile fiber product contained in a package if (1) such textile fiber products are intended for sale to the ultimate consumer in such package, (2) such package has affixed to it a stamp, tag, label, or other means of identification bearing, with respect to the textile fiber products contained therein, the information required by subsection (b) of this section, and (3) the information on the stamp, tag, label, or other means of identification affixed to such package is equally applicable with respect to each textile fiber product contained therein.'' Subsecs. (i), (j). Pub. L. 98-417, Sec. 303, added subsecs. (i) and (j). 1965--Subsec. (b)(1). Pub. L. 89-35, Sec. 1, inserted ``, but nothing in this section shall be construed as prohibiting the disclosure of any fiber present in a textile fiber product which has a clearly established and definite functional significance where present in the amount contained in such product''. Subsec. (b)(2). Pub. L. 89-35, Sec. 2, inserted ``, but nothing in this section shall be construed as prohibiting the disclosure of any fiber present in a textile fiber product which has a clearly established and definite functional significance where present in the amount stated''. Effective Date of 1984 Amendment Amendment by Pub. L. 98-417 effective 90 days after Sept. 24, 1984, see section 307 of Pub. L. 98-417, set out as a note under section 68b of this title. Section Referred to in Other Sections This section is referred to in sections 70a, 70c, 70g, 70j of this title. Sec. 70c. Removal of stamp, tag, label, or other identification (a) Removal or mutilation after shipment in commerce After shipment of a textile fiber product in commerce it shall be unlawful, except as provided in this subchapter, to remove or mutilate, or cause or participate in the removal or mutilation of, prior to the time any textile fiber product is sold and delivered to the ultimate consumer, any stamp, tag, label, or other identification required by this subchapter to be affixed to such textile fiber product, and any person violating this section shall be guilty of an unfair method of competition, and an unfair or deceptive act or practice, under the

Federal Trade Commission Act [15 U.S.C. 41 et seq.]. (b) Substitution of stamp, tag, etc. Any person-- (1) introducing, selling, advertising, or offering for sale, in commerce, or importing into the United States, a textile fiber product subject to the provisions of this subchapter, or (2) selling, advertising, or offering for sale a textile fiber product whether in its original state or contained in other textile fiber products, which has been shipped, advertised, or offered for sale, in commerce, may substitute for the stamp, tag, label, or other means of identification required to be affixed to such textile product pursuant to section 70b(b) of this title, a stamp, tag, label, or other means of identification conforming to the requirements of section 70b(b) of this title, and such substituted stamp, tag, label, or other means of identification shall show the name or other identification issued and registered by the Commission of the person making the substitution. (c) Affixing of stamp, tag, etc. to individual unit of broken package If any person other than the ultimate consumer breaks a package which bears a stamp, tag, label, or other means of identification conforming to the requirements of section 70b of this title, and if such package contains one or more units of a textile fiber product to which a stamp, tag, label, or other identification conforming to the requirements of section 70b of this title is not affixed, such person shall affix a stamp, tag, label, or other identification bearing the information on the stamp, tag, label, or other means of identification attached to such broken package to each unit of textile fiber product taken from such broken package. (Pub. L. 85-897, Sec. 5, Sept. 2, 1958, 72 Stat. 1720.) References in Text The Federal Trade Commission Act, referred to in subsec. (a), is act Sept. 26, 1914, ch. 311, 38 Stat. 717, as amended, which is classified generally to subchapter I (Sec. 41 et seq.) of this chapter. For complete classification of this Act to the Code, see section 58 of this title and Tables. Section Referred to in Other Sections This section is referred to in sections 70b, 70d, 70f, 70i of this title. Sec. 70d. Records (a) Maintenance and preservation by manufacturer

Every manufacturer of textile fiber products subject to this subchapter shall maintain proper records showing the fiber content as required by this subchapter of all such products made by him, and shall preserve such records for at least three years. (b) Maintenance and preservation by person substituting stamp, tag, etc. Any person substituting a stamp, tag, label, or other identification pursuant to section 70c(b) of this title shall keep such records as will show the information set forth on the stamp, tag, label, or other identification that he removed and the name or names of the person or persons from whom such textile fiber product was received, and shall preserve such records for at least three years. (c) Neglect or refusal to maintain or preserve records The neglect or refusal to maintain or preserve the records required by this section is unlawful, and any person neglecting or refusing to maintain such records shall be guilty of an unfair method of competition, and an unfair or deceptive act or practice, in commerce, under the Federal Trade Commission Act [15 U.S.C. 41 et seq.]. (Pub. L. 85-897, Sec. 6, Sept. 2, 1958, 72 Stat. 1721.) References in Text The Federal Trade Commission Act, referred to in subsec. (c), is act Sept. 26, 1914, ch. 311, 38 Stat. 717, as amended, which is classified generally to subchapter I (Sec. 41 et seq.) of this chapter. For complete classification of this Act to the Code, see section 58 of this title and Tables. Section Referred to in Other Sections This section is referred to in sections 70f, 70i of this title. Sec. 70e. Enforcement (a) Enforcement by Federal Trade Commission Except as otherwise specifically provided herein, this subchapter shall be enforced by the Federal Trade Commission under rules, regulations, and procedure provided for in the Federal Trade Commission Act [15 U.S.C. 41 et seq.]. (b) Terms of Federal Trade Commission Act incorporated into this subchapter The Commission is authorized and directed to prevent any person from violating the provisions of this subchapter in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though

all applicable terms and provisions of the Federal Trade Commission Act [15 U.S.C. 41 et seq.] were incorporated into and made a part of this subchapter; and any such person violating the provisions of this subchapter shall be subject to the penalties and entitled to the privileges and immunities provided in said Federal Trade Commission Act, in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though the applicable terms and provisions of the said Federal Trade Commission Act were incorporated into and made a part of this subchapter. (c) Rules and regulations by Federal Trade Commission The Commission is authorized and directed to make such rules and regulations, including the establishment of generic names of manufactured fibers, under and in pursuance of the terms of this subchapter as may be necessary and proper for administration and enforcement. (d) Inspection, analyses, tests, etc. The Commission is authorized to cause inspections, analyses, tests, and examinations to be made of any product subject to this subchapter. (Pub. L. 85-897, Sec. 7, Sept. 2, 1958, 72 Stat. 1721.) References in Text The Federal Trade Commission Act, referred to in subsecs. (a) and (b), is act Sept. 26, 1914, ch. 311, 38 Stat. 717, as amended, which is classified generally to subchapter I (Sec. 41 et seq.) of this chapter. For complete classification of this Act to the Code, see section 58 of this title and Tables. Sec. 70f. Injunction proceedings Whenever the Commission has reason to believe-- (a) that any person is doing, or is about to do, an act which by section 70a, 70c, 70d, 70g, or 70h(b) of this title is declared to be unlawful; and (b) that it would be to the public interest to enjoin the doing of such act until complaint is issued by the Commission under the Federal Trade Commission Act [15 U.S.C. 41 et seq.] and such complaint is dismissed by the Commission or set aside by the court on review or until an order to cease and desist made thereon by the Commission has become final within the meaning of the Federal Trade Commission Act, the Commission may bring suit in the district court of the United States or in the United States court of any Territory, for the district or Territory in which such person resides or transacts business, to enjoin the doing of such act and upon proper showing a temporary injunction or restraining order shall be granted without bond.

(Pub. L. 85-897, Sec. 8, Sept. 2, 1958, 72 Stat. 1721.) References in Text The Federal Trade Commission Act, referred to in text, is act Sept. 26, 1914, ch. 311, 38 Stat. 717, as amended, which is classified generally to subchapter I (Sec. 41 et seq.) of this chapter. For complete classification of this Act to the Code, see section 58 of this title and Tables. Sec. 70g. Exclusion of misbranded textile fiber products All textile fiber products imported into the United States shall be stamped, tagged, labeled, or otherwise identified in accordance with the provisions of section 70b of this title, and all invoices of such products required pursuant to section 1484 of title 19, shall set forth, in addition to the matter therein specified, the information with respect to said products required under the provisions of section 70b(b) of this title, which information shall be in the invoices prior to their certification, if such certification is required pursuant to section 1484 of title 19. The falsification of, or failure to set forth the required information in such invoices, or the falsification or perjury of the consignee's declaration provided for in section 1485 of title 19, insofar as it relates to such information, is unlawful, and shall be an unfair method of competition, and an unfair and deceptive act or practice, in commerce under the Federal Trade Commission Act [15 U.S.C. 41 et seq.]; and any person who falsifies, or perjures the consignee's declaration insofar as it relates to such information, may thenceforth be prohibited by the Commission from importing, or participating in the importation of, any textile fiber product into the United States except upon filing bond with the Secretary of the Treasury in a sum double the value of said products and any duty thereon, conditioned upon compliance with the provisions of this subchapter. A verified statement from the manufacturer or producer of such products showing their fiber content as required under the provisions of this subchapter may be required under regulation prescribed by the Secretary of the Treasury. (Pub. L. 85-897, Sec. 9, Sept. 2, 1958, 72 Stat. 1722.) References in Text The Federal Trade Commission Act, referred to in text, is act Sept. 26, 1914, ch. 311, 38 Stat. 717, as amended, which is classified generally to subchapter I (Sec. 41 et seq.) of this chapter. For complete classification of this Act to the Code, see section 58 of this title and Tables. Section Referred to in Other Sections This section is referred to in sections 70f, 70i of this title.

Sec. 70h. Guaranty (a) Avoidance of liability; requirements No person shall be guilty of an unlawful act under section 70a of this title if he establishes a guaranty received in good faith, signed by and containing the name and address of the person residing in the United States by whom the textile fiber product guaranteed was manufactured or from whom it was received, that said product is not misbranded or falsely invoiced under the provisions of this subchapter. Said guaranty shall be (1) a separate guaranty specifically designating the textile fiber product guaranteed, in which case it may be on the invoice or other paper relating to said product; or (2) a continuing guaranty given by seller to the buyer applicable to all textile fiber products sold to or to be sold to buyer by seller in a form as the Commission, by rules and regulations, may prescribe; or (3) a continuing guaranty filed with the Commission applicable to all textile fiber products handled by a guarantor in such form as the Commission by rules and regulations may prescribe. (b) Furnishing false guaranty The furnishing of a false guaranty, except where the person furnishing such false guaranty relies on a guaranty to the same effect received in good faith signed by and containing the name and address of the person residing in the United States by whom the product guaranteed was manufactured or from whom it was received, is unlawful, and shall be an unfair method of competition, and an unfair and deceptive act or practice, in commerce, within the meaning of the Federal Trade Commission Act [15 U.S.C. 41 et seq.]. (Pub. L. 85-897, Sec. 10, Sept. 2, 1958, 72 Stat. 1722.) References in Text The Federal Trade Commission Act, referred to in subsec. (b), is act Sept. 26, 1914, ch. 311, 38 Stat. 717, as amended, which is classified generally to subchapter I (Sec. 41 et seq.) of this chapter. For complete classification of this Act to the Code, see section 58 of this title and Tables. Section Referred to in Other Sections This section is referred to in sections 70f, 70i of this title. Sec. 70i. Criminal penalty (a) Any person who willfully does an act which by section 70a, 70c, 70d, 70g, or 70h(b) of this title is declared to be unlawful shall be guilty of a misdemeanor and upon conviction shall be fined not more than $5,000 or be imprisoned not more than one year, or both, in the discretion of the court: Provided, That nothing in this section shall limit any other provision of this subchapter.

(b) Whenever the Commission has reason to believe that any person is guilty of a misdemeanor under this section, it may certify all pertinent facts to the Attorney General. If, on the basis of the facts certified, the Attorney General concurs in such belief, it shall be his duty to cause appropriate proceedings to be brought for the enforcement of the provisions of this section against such person. (Pub. L. 85-897, Sec. 11, Sept. 2, 1958, 72 Stat. 1723.) Sec. 70j. Exemptions (a) None of the provisions of this subchapter shall be construed to apply to-- (1) upholstery stuffing, except as provided in section 70b(h) of this title; (2) outer coverings of furniture, mattresses, and box springs; (3) linings or interlinings incorporated primarily for structural purposes and not for warmth; (4) filling or padding incorporated primarily for structural purposes and not for warmth; (5) stiffenings, trimmings, facings, or interfacings; (6) backings of, and paddings or cushions to be used under, floor coverings; (7) sewing and handicraft threads; (8) bandages, surgical dressings, and other textile fiber products, the labeling of which is subject to the requirements of the Federal Food, Drug and Cosmetic Act of 1938, as amended [21 U.S.C. 301 et seq.]; (9) waste materials not intended for use in a textile fiber product; (10) textile fiber products incorporated in shoes or overshoes or similar outer footwear; (11) textile fiber products incorporated in headwear, handbags, luggage, brushes, lampshades, or toys, catamenial devices, adhesive tapes and adhesive sheets, cleaning cloths impregnated with chemicals, or diapers. The exemption provided for any article by paragraph (3) or (4) of this subsection shall not be applicable if any representation as to fiber content of such article is made in any advertisement, label, or other means of identification covered by section 70b of this title. (b) The Commission may exclude from the provisions of this subchapter other textile fiber products (1) which have an insignificant or inconsequential textile fiber content, or (2) with respect to which the disclosure of textile fiber content is not necessary for the protection of the ultimate consumer. (Pub. L. 85-897, Sec. 12, Sept. 2, 1958, 72 Stat. 1723.) References in Text The Federal Food, Drug and Cosmetic Act of 1938, referred to in subsec. (a)(8), is act June 25, 1938, ch. 675, 52 Stat. 1040, as

amended, which is classified generally to chapter 9 (Sec. 301 et seq.) of Title 21, Food and Drugs. For complete classification of this Act to the Code, see section 301 of Title 21 and Tables. Sec. 70k. Application of other laws The provisions of this subchapter shall be held to be in addition to, and not in substitution for or limitation of, the provisions of any other Act of the United States. (Pub. L. 85-897, Sec. 14, Sept. 2, 1958, 72 Stat. 1724.)

From the U.S. Code Online via GPO Access [wais.access.gpo.gov] [Laws in effect as of January 7, 2003] [Document not affected by Public Laws enacted between January 7, 2003 and February 12, 2003] [CITE: 15USC1191] TITLE 15--COMMERCE AND TRADE CHAPTER 25--FLAMMABLE FABRICS Sec. 1191. Definitions As used in this chapter-- (a) The term ``person'' means an individual, partnership, corporation, association, or any other form of business enterprise. (b) The term ``commerce'' means commerce among the several States or with foreign nations or in any territory of the United States or in the District of Columbia or between any such territory and another, or between any such territory and any State or foreign nation, or between the District of Columbia or the Commonwealth of Puerto Rico and any State or territory or foreign nation, or between the Commonwealth of Puerto Rico and any State or territory or foreign nation or the District of Columbia. (c) The term ``territory'' includes the insular possessions of the United States and also any territory of the United States. (d) The term ``article of wearing apparel'' means any costume or article of clothing worn or intended to be worn by individuals. (e) The term ``interior furnishing'' means any type of furnishing made in whole or in part of fabric or related material and intended for use or which may reasonably be expected to be used, in homes, offices, or other places of assembly or accommodation. (f) The term ``fabric'' means any material (except fiber, filament, or yarn for other than retail sale) woven, knitted, felted, or otherwise produced from or in combination with any natural or synthetic fiber, film, or substitute therefor which is intended for use or which may reasonably be expected to be used, in any product as defined in paragraph (h) of this section. (g) The term ``related material'' means paper, plastic, rubber, synthetic film, or synthetic foam which is intended for use or which may reasonably be expected to be used in any product as defined in paragraph (h) of this section. (h) The term ``product'' means any article of wearing apparel or interior furnishing. (i) The term ``Commission'' means the Consumer Product Safety Commission. (j) The term ``Federal Trade Commission Act'' means the Act of Congress entitled ``An Act to create a Federal Trade Commission, to define its powers and duties, and for other purposes'', approved September 26, 1914, as amended [15 U.S.C. 41 et seq.]. (June 30, 1953, ch. 164, Sec. 2, 67 Stat. 111; Pub. L. 90-189, Sec. 1,

Dec. 14, 1967, 81 Stat. 568; Pub. L. 92-573, Sec. 30(b), Oct. 27, 1972, 86 Stat. 1231.) References in Text The Federal Trade Commission Act, referred to in subsec. (j), is act Sept. 26, 1914, ch. 311, 38 Stat. 717, as amended, which is classified generally to subchapter I (Sec. 41 et seq.) of chapter 2 of this title. For complete classification of this Act to the Code, see section 58 of this title and Tables. Amendments 1967--Par. (b). Pub. L. 90-189, Sec. 1(1), reduced from capital to lower-case the first letter of ``territory'' wherever appearing and redefined ``commerce'' to include commerce between the Commonwealth of Puerto Rico and any State or territory or foreign nation or the District of Columbia. Par. (c). Pub. L. 90-189, Sec. 1(2), reduced from capital to lower- case the first letter of ``territory'' wherever appearing. Par. (d). Pub. L. 90-189, Sec. 1(3), struck out provisions which excepted hats, gloves, and footwear from definition of ``article of wearing apparel'' provided that: such hats did not constitute or form part of a covering for the neck, face, or shoulders when worn by individuals; such gloves were not more than fourteen inches in length and were not affixed to or did not form an integral part of another garment; and such footwear did not consist of hosiery in whole or in part and was not affixed to or did not form an integral part of another garment. Par. (e). Pub. L. 90-189, Sec. 1(5), (6), added par. (e) and redesignated former par. (e) as (f). Par. (f). Pub. L. 90-189, Sec. 1(4), (5), (7), redesignated par. (e) as (f), substituted ``(except fiber, filament, or yarn for other than retail sale)'' for ``(other than fiber, filament, or yarn)'' and ``for use or which may reasonably be expected to be used, in any product as defined in paragraph (h) of this section'' for ``or sold for use in wearing apparel except that interlining fabrics when intended or sold for use in wearing apparel shall not be subject to this chapter'', and struck out former par. (f) which defined ``interlining''. Pars. (g) to (j). Pub. L. 90-189, Sec. 1(5), (8), added pars. (g) and (h) and redesignated former pars. (g) and (h) as (i) and (j), respectively. Effective Date Section 12 of act June 30, 1953, provided: ``This Act [enacting this chapter] shall take effect one year after the date of its passage [June 30, 1953].'' Short Title

Section 1 of act June 30, 1953, provided: ``This Act [enacting this chapter] may be cited as the `Flammable Fabrics Act'.'' Savings Provision Section 11 of Pub. L. 90-189 provided that: ``Notwithstanding the provisions of this Act [amending this section and sections 1192 to 1195, 1197, 1198, and 1200 of this title and enacting sections 1201 to 1204 of this title], the standards of flammability in effect under the provisions of the Flammable Fabrics Act, as amended [this chapter], on the day preceding the date of enactment of this Act [Dec. 14, 1967], shall continue in effect for the fabrics and articles of wearing apparel to which they are applicable until superseded or modified by the Secretary of Commerce pursuant to the authority conferred by the amendments made by this Act.'' Transfer of Functions ``Consumer Product Safety Commission'' substituted for ``Federal Trade Commission'' in par. (i) pursuant to section 30(b) of Pub. L. 92- 573, which is classified to section 2079(b) of this title and which transferred functions of Secretary of Health, Education, and Welfare, Secretary of Commerce, and Federal Trade Commission under this chapter to Consumer Product Safety Commission. Appropriations Section 13 of act June 30, 1953, as amended by Pub. L. 90-189, Sec. 9, Dec. 14, 1967, 81 Stat. 573; Pub. L. 92-542, Oct. 25, 1972, 86 Stat. 1108, appropriated $1,500,000 for the fiscal year ending June 30, 1968, $2,250,000 each for the fiscal year ending June 30, 1969, and the fiscal year ending June 30, 1970, and $4,000,000 for the fiscal year ending June 30, 1973, to carry out the provisions of this chapter. Hazardous Substances Federal Hazardous Substances Act as not modifying this chapter or regulations promulgated thereunder, see Pub. L. 86-613, Sec. 18, (formerly Sec. 17), July 12, 1960, 74 Stat. 380, as amended Pub. L. 89- 756, Sec. 4(a), Nov. 3, 1966, 80 Stat. 1305; renumbered and amended Pub. L. 91-113, Sec. 4(a), (b)(1), Nov. 6, 1969, 83 Stat. 190, set out as a note under section 1261 of this title. Sec. 1192. Prohibited transactions (a) Nonconforming products

The manufacture for sale, the sale, or the offering for sale, in commerce, or the importation into the United States, or the introduction, delivery for introduction, transportation or causing to be transported, in commerce, or the sale or delivery after a sale or shipment in commerce, of any product, fabric, or related material which fails to conform to an applicable standard or regulation issued or amended under the provisions of section 1193 of this title, shall be unlawful and shall be an unfair method of competition and an unfair and deceptive act or practice in commerce under the Federal Trade Commission Act [15 U.S.C. 41 et seq.]. (b) Nonconforming components The manufacture for sale, the sale, or the offering for sale, of any product made of fabric or related material which fails to conform to an applicable standard or regulation issued or amended under section 1193 of this title, and which has been shipped or received in commerce shall be unlawful and shall be an unfair method of competition and an unfair and deceptive act or practice in commerce under the Federal Trade Commission Act [15 U.S.C. 41 et seq.]. (June 30, 1953, ch. 164, Sec. 3, 67 Stat. 111; Pub. L. 90-189, Sec. 2, Dec. 14, 1967, 81 Stat. 568.) References in Text The Federal Trade Commission Act, referred to in text, is act Sept. 26, 1914, ch. 311, 38 Stat. 717, as amended, which is classified generally to subchapter I (Sec. 41 et seq.) of chapter 2 of this title. For complete classification of this Act to the Code, see section 58 of this title and Tables. Amendments 1967--Subsec. (a). Pub. L. 90-189 substituted ``or the sale or delivery after a sale or shipment in commerce, of any product, fabric, or related material which fails to conform to an applicable standard or regulation issued or amended under the provisions of section 1193 of this title'' for ``or for the purpose of sale or delivery after sale in commerce, of any article of wearing apparel which under the provisions of section 1193 of this title is so highly flammable as to be dangerous when worn by individuals''. Subsecs. (b), (c). Pub. L. 90-189 struck out former subsec. (b) which made the sale or the offering for sale, in commerce, or the importation into the United States, or the introduction, delivery for introduction, transportation or causing to be transported in commerce or for the purpose of sale or delivery after sale in commerce, of any fabric which under the provisions of section 1193 of this title was so highly flammable as to be dangerous when worn by individuals unlawful and an unfair method of competition and an unfair and deceptive act or practice in commerce under the Federal Trade Commission Act, redesignated subsec. (c) as (b) and, in subsec. (b) as so redesignated,

substituted ``product made of fabric or related material which fails to conform to an applicable standard or regulation issued or amended under section 1193 of this title'' for ``article of wearing apparel made of fabric which under section 1193 of this title is so highly flammable as to be dangerous when worn by individuals''. Transfer of Functions Functions of Secretary of Health, Education, and Welfare, Secretary of Commerce, and Federal Trade Commission under this chapter transferred to Consumer Product Safety Commission, along with functions of Federal Trade Commission under Federal Trade Commission Act, to extent such functions relate to administration and enforcement of this chapter, see section 2079 of this title. Section Referred to in Other Sections This section is referred to in sections 1194, 1195, 1196, 1197 of this title. Sec. 1193. Flammability standards or regulations (a) Proceedings by Commission for determination Whenever the Consumer Product Safety Commission finds on the basis of the investigations or research conducted pursuant to section 1201 of this title that a new or amended flammability standard or other regulation, including labeling, for a fabric, related material, or product may be needed to protect the public against unreasonable risk of the occurrence of fire leading to death or personal injury, or significant property damage, it shall institute proceedings for the determination of an appropriate flammability standard (including conditions and manner of testing) or other regulation or amendment thereto for such fabric, related material, or product. (b) Necessary findings; effective date; exemptions Each standard, regulation, or amendment thereto promulgated pursuant to this section shall be based on findings that such standard, regulation, or amendment thereto is needed to adequately protect the public against unreasonable risk of the occurrence of fire leading to death, injury, or significant property damage, is reasonable, technologically practicable, and appropriate, is limited to such fabrics, related materials, or products which have been determined to present such unreasonable risks, and shall be stated in objective terms. Each such standard, regulation, or amendment thereto, shall become effective twelve months from the date on which such standard, regulation, or amendment is promulgated, unless the Consumer Product Safety Commission finds for good cause shown that an earlier or later effective date is in the public interest and publishes the reason for such finding. Each such standard or regulation or amendment thereto

shall exempt fabrics related materials, or products in inventory or with the trade as of the date on which the standard, regulation, or amendment thereto, becomes effective except that, if the Commission finds that any such fabric, related material, or product is so highly flammable as to be dangerous when used by consumers for the purpose for which it is intended, it may under such conditions as the Commission may prescribe, withdraw, or limit the exemption for such fabric, related material, or product. (c) Collection of information by Commission; confidential status of trade secrets and related information; disclosure of confidential information The Consumer Product Safety Commission may obtain from any person by regulation or subpena issued pursuant thereto such information in the form of testimony, books, records, or other writings as is pertinent to the findings or determinations which it is required or authorized to make pursuant to this chapter. All information reported to or otherwise obtained by the Commission or its representative pursuant to this subsection which information contains or relates to a trade secret or other matter referred to in section 1905 title 18, shall be considered confidential for the purpose of that section, except that such information may be disclosed to other officers or employees concerned with carrying out this chapter or when relevant in any proceeding under this chapter. Nothing in this section shall authorize the withholding of information by the Commission or any officer or employee under its control, from the duly authorized committees of the Congress. (d) Applicability of section 553 of title 5; oral presentation Standards, regulations, and amendments to standards and regulations under this section shall be made in accordance with section 553 of title 5, except that interested persons shall be given an opportunity for the oral presentation of data, views, or arguments in addition to an opportunity to make written submissions. A transcript shall be kept of any oral presentation. (e) Judicial review; additional information before Commission; applicability of sections 701 to 706 of title 5; finality of judgment; survival of action (1) Any person who will be adversely affected by any such standard or regulation or amendment thereto when it is effective may at any time prior to the sixtieth day after such standard or regulation or amendment thereto is issued file a petition with the United States court of appeals for the circuit wherein such person resides or has his principal place of business, for a judicial review thereof. A copy of the petition shall be forthwith transmitted by the clerk of the court to the Commission or other officer designated by it for that purpose. The Commission thereupon shall file in the court the record of the proceedings on which the Commission based the standard or regulation, as provided in section 2112 of title 28. (2) If the petitioner applies to the court for leave to adduce

additional evidence, and shows to the satisfaction of the court that such additional evidence is material and that there were reasonable grounds for the failure to adduce such evidence in the proceeding before the Commission, the court may order such additional evidence (and evidence in rebuttal thereof) to be taken before the Commission, and to be adduced upon the hearing, in such manner and upon such terms and conditions as to the court may seem proper. The Commission may modify its findings, or make new findings, by reason of the additional evidence so taken, and it shall file such modified or new findings, and its recommendations, if any, for the modification or setting aside of its original standard or regulation or amendment thereto, with the return of such additional evidence. (3) Upon the filing of the petition referred to in paragraph (1) of this subsection, the court shall have jurisdiction to review the standard or regulation in accordance with chapter 7 of title 5 and to grant appropriate relief as provided in such chapter. The standard or regulation shall not be affirmed unless the findings required by the first sentence of subsection (b) of this section are supported by substantial evidence on the record taken as a whole. For purposes of this paragraph, the term ``record'' means the standard or regulation, any notice published with respect to the promulgation of such standard or regulation, the transcript required by subsection (d) of this section of any oral presentation, any written submission of interested parties, and any other information which the Commission considers relevant to such standard or regulation. (4) The judgment of the court affirming or setting aside, in whole or in part, any such standard or regulation of the Commission shall be final, subject to review by the Supreme Court of the United States upon certiorari or certification as provided in section 1254 of title 28. (5) Any action instituted under this subsection shall survive, notwithstanding any change in the persons occupying the office of Commissioner or any vacancy in such office. (6) The remedies provided for in this subsection shall be in addition to and not in substitution for any other remedies provided by law. (f) Transcript of proceedings A certified copy of the transcript of the record and proceedings under subsection (e) of this section shall be furnished by the Commission to any interested party at its request, and payment of the costs thereof, and shall be admissible in any criminal, exclusion of imports, or other proceeding arising under or in respect of this chapter, irrespective of whether proceedings with respect to the standard or regulation or amendment thereto have previously been initiated or become final under subsection (e) of this section. (g) Promulgation of regulation; commencement of proceeding; publication of prescribed notice of proposed rulemaking A proceeding for the promulgation of a regulation under this section for a fabric, related material, or product shall be commenced by the publication in the Federal Register of an advance notice of proposed

rulemaking which shall-- (1) identify the fabric, related material, or product and the nature of the risk of injury associated with the fabric, related material, or product; (2) include a summary of each of the regulatory alternatives under consideration by the Commission (including voluntary standards); (3) include information with respect to any existing standard known to the Commission which may be relevant to the proceedings, together with a summary of the reasons why the Commission believes preliminarily that such standard does not eliminate or adequately reduce the risk of injury identified in paragraph (1); (4) invite interested persons to submit to the Commission, within such period as the Commission shall specify in the notice (which period shall not be less than 30 days or more than 60 days after the date of publication of the notice), comments with respect to the risk of injury identified by the Commission, the regulatory alternatives being considered, and other possible alternatives for addressing the risk; (5) invite any person (other than the Commission) to submit to the Commission, within such period as the Commission shall specify in the notice (which period shall not be less than 30 days after the date of publication of the notice), an existing standard or a portion of a standard as a proposed regulation.\1\ --------------------------------------------------------------------------- \1\ So in original. Probably should be ``regulation; and''. --------------------------------------------------------------------------- (6) invite any person (other than the Commission) to submit to the Commission, within such period as the Commission shall specify in the notice (which period shall not be less than 30 days after the date of publication of the notice), a statement of intention to modify or develop a voluntary standard to address the risk of injury identified in paragraph (1) together with a description of a plan to modify or develop the standard. The Commission shall transmit such notice within 10 calendar days to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives. (h) Voluntary standard; publication as proposed regulation; prerequisites for reliance by Commission (1) If the Commission determines that any standard submitted to it in response to an invitation in a notice published under subsection (g)(5) of this section if promulgated (in whole, in part, or in combination with any other standard submitted to the Commission or any part of such a standard) as a regulation, would eliminate or adequately reduce the risk of injury identified in the notice provided under subsection (g)(1) of this section, the Commission may publish such standard, in whole, in part, or in such combination and with nonmaterial modifications, as a proposed regulation under this section. (2) If the Commission determines that-- (A) compliance with any standard submitted to it in response to

an invitation in a notice published under subsection (g)(6) of this section is likely to result in the elimination or adequate reduction of the risk of injury identified in the notice, and (B) it is likely that there will be substantial compliance with such standard, the Commission shall terminate any proceeding to promulgate a regulation respecting such risk of injury and shall publish in the Federal Register a notice which includes the determination of the Commission and which notifies the public that the Commission will rely on the voluntary standard to eliminate or reduce the risk of injury, except that the Commission shall terminate any such proceeding and rely on a voluntary standard only if such voluntary standard is in existence. For purposes of this section, a voluntary standard shall be considered to be in existence when it is finally approved by the organization or other person which developed such standard, irrespective of the effective date of the standard. Before relying upon any voluntary standard, the Commission shall afford interested persons (including manufacturers, consumers, and consumer organizations) a reasonable opportunity to submit written comments regarding such standard. The Commission shall consider such comments in making any determination regarding reliance on the involved voluntary standard under this subsection. (3) The Commission shall devise procedures to monitor compliance with any voluntary standards-- (A) upon which the Commission has relied under paragraph (2) of this subsection; (B) which were developed with the participation of the Commission; or (C) whose development the Commission has monitored. (i) Publication of proposed rule by Commission; preliminary regulatory analysis; contents; transmission of notice by Commission to Committees No regulation may be proposed by the Commission under this section unless, not less than 60 days after publication of the notice required in subsection (g) of this section, the Commission publishes in the Federal Register the text of the proposed rule, including any alternatives, which the Commission proposes to promulgate, together with a preliminary regulatory analysis containing-- (1) a preliminary description of the potential benefits and potential costs of the proposed regulation, including any benefits or costs that cannot be quantified in monetary terms, and an identification of those likely to receive the benefits and bear the costs; (2) a discussion of the reasons any standard or portion of a standard submitted to the Commission under subsection (g)(5) of this section was not published by the Commission as the proposed regulation or part of the proposed regulation; (3) a discussion of the reasons for the Commission's preliminary determination that efforts proposed under subsection (g)(6) of this section and assisted by the Commission as required by section 2054(a)(3) of this title would not, within a reasonable period of

time, be likely to result in the development of a voluntary standard that would eliminate or adequately reduce the risk of injury identified in the notice provided under subsection (g)(1) of this section; and (4) a description of any reasonable alternatives to the proposed regulation, together with a summary description of their potential costs and benefits, and a brief explanation of why such alternatives should not be published as a proposed regulation. The Commission shall transmit such notice within 10 calendar days to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives. (j) Final regulatory analysis; contents; publication; judicial review of regulation (1) The Commission shall not promulgate a regulation under this section unless it has prepared a final regulatory analysis of the regulation containing the following information: (A) A description of the potential benefits and potential costs of the regulation, including costs and benefits that cannot be quantified in monetary terms, and the identification of those likely to receive the benefits and bear the costs. (B) A description of any alternatives to the final regulation which were considered by the Commission, together with a summary description of their potential benefits and costs and a brief explanation of the reasons why these alternatives were not chosen. (C) A summary of any significant issues raised by the comments submitted during the public comment period in response to the preliminary regulatory analysis, and a summary of the assessment by the Commission of such issues. The Commission shall publish its final regulatory analysis with the regulation. (2) The Commission shall not promulgate a regulation under this section unless it finds (and includes such finding in the regulation)-- (A) in the case of a regulation which relates to a risk of injury with respect to which persons who would be subject to such regulation have adopted and implemented a voluntary standard, that-- (i) compliance with such voluntary standard is not likely to result in the elimination or adequate reduction of such risk of injury; or (ii) it is unlikely that there will be substantial compliance with such voluntary standard; (B) that the benefits expected from the regulation bear a reasonable relationship to its costs; and (C) that the regulation imposes the least burdensome requirement which prevents or adequately reduces the risk of injury for which the regulation is being promulgated. (3)(A) Any regulatory analysis prepared under subsection (i) of this section or paragraph (1) shall not be subject to independent judicial

review, except that when an action for judicial review of a regulation is instituted, the contents of any such regulatory analysis shall constitute part of the whole rulemaking record of agency action in connection with such review. (B) The provisions of subparagraph (A) shall not be construed to alter the substantive or procedural standards otherwise applicable to judicial review of any action by the Commission. (k) Petition to initiate rulemaking The Commission shall grant, in whole or in part, or deny any petition under section 553(e) of title 5 requesting the Commission to initiate a rulemaking, within a reasonable time after the date on which such petition is filed. The Commission shall state the reasons for granting or denying such petition. The Commission may not deny any such petition on the basis of a voluntary standard unless the voluntary standard is in existence at the time of the denial of the petition, the Commission has determined that the voluntary standard is likely to result in the elimination or adequate reduction of the risk of injury identified in the petition, and it is likely that there will be substantial compliance with the standard. (June 30, 1953, ch. 164, Sec. 4, 67 Stat. 112; Aug. 23, 1954, ch. 833, 68 Stat. 770; Pub. L. 90-189, Sec. 3, Dec. 14, 1967, 81 Stat. 569; Pub. L. 92-573, Sec. 30(b), Oct. 27, 1972, 86 Stat. 1231; Pub. L. 94-284, Sec. 20(a), May 11, 1976, 90 Stat. 515; Pub. L. 97-35, title XII, Sec. 1203(b)(2), Aug. 13, 1981, 95 Stat. 711; Pub. L. 101-608, title I, Secs. 107(c), 108(c), 110(c), Nov. 16, 1990, 104 Stat. 3112-3114.) Amendments 1990--Subsec. (h)(2). Pub. L. 101-608, Sec. 108(c), struck out period at end and inserted ``, except that the Commission shall terminate any such proceeding and rely on a voluntary standard only if such voluntary standard is in existence. For purposes of this section, a voluntary standard shall be considered to be in existence when it is finally approved by the organization or other person which developed such standard, irrespective of the effective date of the standard. Before relying upon any voluntary standard, the Commission shall afford interested persons (including manufacturers, consumers, and consumer organizations) a reasonable opportunity to submit written comments regarding such standard. The Commission shall consider such comments in making any determination regarding reliance on the involved voluntary standard under this subsection.'' Subsec. (h)(3). Pub. L. 101-608, Sec. 107(c), added par. (3). Subsec. (k). Pub. L. 101-608, Sec. 110(c), added subsec. (k). 1981--Subsecs. (g) to (j). Pub. L. 97-35 added subsecs. (g) to (j). 1976--Subsec. (d). Pub. L. 94-284, Sec. 20(a)(1), provided that standards, regulations, and amendments made thereto, be made in accordance with section 553 of title 5, except that oral presentation be available with a transcript of such oral presentation kept. Subsec. (e)(3). Pub. L. 94-284, Sec. 20(a)(2), provided that the

court not affirm a standard or regulation unless the findings of the Secretary are supported by substantial evidence on the record. 1967--Pub. L. 90-189 revised section generally to achieve greater flexibility in the promulgation of flammability standards by substituting provisions authorizing the Secretary of Commerce to issue standards of flammability or regulations (including labeling) for fabrics, related materials or products after observing certain specified procedural requirements for provisions which prescribed certain fixed standards of flammability which could be updated only by legislation. 1954--Subsec. (c). Act Aug. 23, 1954, added subsec. (c). Change of Name Committee on Energy and Commerce of House of Representatives treated as referring to Committee on Commerce of House of Representatives by section 1(a) of Pub. L. 104-14, set out as a note preceding section 21 of Title 2, The Congress. Committee on Commerce of House of Representatives changed to Committee on Energy and Commerce of House of Representatives, and jurisdiction over matters relating to securities and exchanges and insurance generally transferred to Committee on Financial Services of House of Representatives by House Resolution No. 5, One Hundred Seventh Congress, Jan. 3, 2001. Effective Date of 1981 Amendment Amendment by Pub. L. 97-35 applicable with respect to regulations under this chapter and chapters 30 and 47 of this title for which notices of proposed rulemaking are issued after Aug. 14, 1981, see section 1215 of Pub. L. 97-35, set out a note under section 2052 of this title. Effective Date of 1976 Amendment Section 20(b) of Pub. L. 94-284 provided that: ``The amendments made by subsection (a) [amending this section] shall apply with respect to standards, regulations, and amendments to standards and regulations, under section 4 of the Flammable Fabrics Act [this section] the proceedings for the promulgation of which were begun after the date of the enactment of this Act [May 11, 1976].'' Transfer of Functions ``Consumer Product Safety Commission'' substituted for ``Secretary of Commerce'', ``Commission'' substituted for ``Secretary'', ``it'' substituted for ``he'', and ``its'' substituted for ``his'' wherever appearing in subsecs. (a) to (f) except in subsec. (e)(5), where ``persons occupying the office of Commissioner'' was substituted for ``person occupying the office of Secretary'', pursuant to section 30(b) of Pub. L. 92-573, which is classified to section 2079(b) of this title and which transferred functions of Secretary of Health, Education, and Welfare, Secretary of Commerce, and Federal Trade Commission under this

chapter to Consumer Product Safety Commission. Section Referred to in Other Sections This section is referred to in sections 1192, 1194, 1197, 1200, 1204 of this title. Sec. 1194. Administration and enforcement (a) Enforcement under Federal Trade Commission Act provisions; civil action to enforce standard or regulation Except as otherwise specifically provided herein, sections 1192, 1194, 1195, and 1197(b) of this title shall be enforced by the Commission under rules, regulations and procedures provided for in the Federal Trade Commission Act [15 U.S.C. 41 et seq.]. In the case of an attorney general of a State alleging a violation of a standard or regulation under section 1193 of this title that affects or may affect such State or its residents, such attorney general may bring a civil action for an injunction to enforce the requirement of such standard or regulation. The procedural requirements of section 2073 of this title shall apply to any such action. (b) Application of Federal Trade Commission Act provisions The Commission is authorized and directed to prevent any person from violating the provisions of section 1192 of this title in the same manner, by the same means and with the same jurisdiction, powers and duties as though all applicable terms and provisions of the Federal Trade Commission Act [15 U.S.C. 41 et seq.] were incorporated into and made a part of this chapter; and any such person violating any provision of section 1192 of this title shall be subject to the penalties and entitled to the privileges and immunities provided in said Federal Trade Commission Act as though the applicable terms and provisions of the said Federal Trade Commission Act were incorporated into and made a part of this chapter. (c) Rules and regulations The Commission is authorized and directed to prescribe such rules and regulations, including provisions for maintenance of records relating to fabrics, related materials, and products, as may be necessary and proper for administration and enforcement of this chapter. The violation of such rules and regulations shall be unlawful and shall be an unfair method of competition and an unfair and deceptive act or practice, in commerce, under the Federal Trade Commission Act [15 U.S.C. 41 et seq.]. (d) Inspection and analysis of products; cooperation with other governmental entities The Commission is authorized to--

(1) cause inspections, analyses, tests, and examinations to be made of any product, fabric or related material which it has reason to believe falls within the prohibitions of this chapter; and (2) cooperate on matters related to the purposes of this chapter with any department or agency of the Government; with any State or territory or with the District of Columbia or the Commonwealth of Puerto Rico; or with any department, agency, or political subdivision thereof; or with any person. (e) Penalties (1) Any person who knowingly violates a regulation or standard under section 1193 of this title shall be subject to a civil penalty not to exceed $5,000 for each such violation, except that the maximum civil penalty shall not exceed $1,250,000 for any related series of violations. (2) In determining the amount of any penalty to be sought upon commencing an action seeking to assess a penalty for a violation of a regulation or standard under section 1193 of this title, the Commission shall consider the nature and number of the violations, the severity of the risk of injury, the occurrence or absence of injury, and the appropriateness of such penalty in relation to the size of the business of the person charged. (3) Any civil penalty under this subsection may be compromised by the Commission. In determining the amount of such penalty or whether it should be remitted or mitigated, and in what amount, the Commission shall consider the nature and number of the violations, the appropriateness of such penalty to the size of the business of the persons charged, the severity of the risk of injury, and the occurrence or absence of injury. The amount of such penalty when finally determined, or the amount agreed on compromise, may be deducted from any sums owing by the United States to the person charged. (4) As used in paragraph (1), the term ``knowingly'' means (A) having actual knowledge, or (B) the presumed having of knowledge deemed to be possessed by a reasonable person who acts in the circumstances, including knowledge obtainable upon the exercise of due care to ascertain the truth of representations. (5)(A) The maximum penalty amounts authorized in paragraph (1) shall be adjusted for inflation as provided in this paragraph. (B) Not later than December 1, 1994, and December 1 of each fifth calendar year thereafter, the Commission shall prescribe and publish in the Federal Register a schedule of maximum authorized penalties that shall apply for violations that occur after January 1 of the year immediately following such publication. (C) The schedule of maximum authorized penalties shall be prescribed by increasing each of the amounts referred to in paragraph (1) by the cost-of-living adjustment for the preceding five years. Any increase determined under the preceding sentence shall be rounded to-- (i) in the case of penalties greater than $1,000 but less than or equal to $10,000, the nearest multiple of $1,000; (ii) in the case of penalties greater than $10,000 but less than or equal to $100,000, the nearest multiple of $5,000; (iii) in the case of penalties greater than $100,000 but less

than or equal to $200,000, the nearest multiple of $10,000; and (iv) in the case of penalties greater than $200,000, the nearest multiple of $25,000. (D) For purposes of this subsection: (i) The term ``Consumer Price Index'' means the Consumer Price Index for all-urban consumers published by the Department of Labor. (ii) The term ``cost-of-living adjustment for the preceding five years'' means the percentage by which-- (I) the Consumer Price Index for the month of June of the calendar year preceding the adjustment; exceeds (II) the Consumer Price Index for the month of June preceding the date on which the maximum authorized penalty was last adjusted. (June 30, 1953, ch. 164, Sec. 5, 67 Stat. 112; Pub. L. 90-189, Sec. 4, Dec. 14, 1967, 81 Stat. 570; Pub. L. 101-608, title I, Secs. 115(c), 118(b), Nov. 16, 1990, 104 Stat. 3120, 3122.) References in Text The Federal Trade Commission Act, referred to in subsecs. (a), (b), and (c), is act Sept. 26, 1914, ch. 311, 38 Stat. 717, as amended, which is classified generally to subchapter I (Sec. 41 et seq.) of chapter 2 of this title. For complete classification of this Act to the Code, see section 58 of this title and Tables. Amendments 1990--Subsec. (a). Pub. L. 101-608, Sec. 118(b), inserted at end ``In the case of an attorney general of a State alleging a violation of a standard or regulation under section 1193 of this title that affects or may affect such State or its residents, such attorney general may bring a civil action for an injunction to enforce the requirement of such standard or regulation. The procedural requirements of section 2073 of this title shall apply to any such action.'' Subsec. (e). Pub. L. 101-608, Sec. 115(c), added subsec. (e). 1967--Subsec. (c). Pub. L. 90-189, Sec. 4(a), inserted ``, including provisions for maintenance of records relating to fabrics, related materials, and products,'' after ``rules and regulations'' and inserted sentence making violations of such rules and regulations unlawful and an unfair method of competition and an unfair and deceptive act or practice, in commerce, under the Federal Trade Commission Act. Subsec. (d)(1). Pub. L. 90-189, Sec. 4(b), substituted ``product, fabric or related material'' for ``article of wearing apparel or fabric''. Subsec. (d)(2). Pub. L. 90-189, Sec. 4(b), substituted ``or territory or with the District of Columbia or the Commonwealth of Puerto Rico'' for ``, Territory, or possession or with the District of Columbia''. Transfer of Functions

Functions of Secretary of Health, Education, and Welfare, Secretary of Commerce, and Federal Trade Commission under this chapter transferred to Consumer Product Safety Commission, along with functions of Federal Trade Commission under Federal Trade Commission Act, to extent such functions relate to administration and enforcement of this chapter, see section 2079 of this title. Section Referred to in Other Sections This section is referred to in section 1195 of this title. Sec. 1195. Injunction and condemnation proceedings (a) Temporary injunction; venue Whenever the Commission has reason to believe that any person is violating or is about to violate section 1192 of this title, or a rule or regulation prescribed under section 1194(c) of this title, and that it would be in the public interest to enjoin such violation until complaint under the Federal Trade Commission Act [15 U.S.C. 41 et seq.] is issued and dismissed by the Commission or until order to cease and desist made thereon by the Commission has become final within the meaning of the Federal Trade Commission Act or is set aside by the court on review, the Commission may bring suit in the district court of the United States for the district in which such person resides or transacts business, or, if such person resides or transacts business in Guam or the Virgin Islands, then in the District Court of Guam or in the District Court of the Virgin Islands (as the case may be), to enjoin such violation and upon proper showing a temporary injunction or restraining order shall be granted without bond. (b) Process of libel for seizure and confiscation; manner of procedure; consolidation of trials Whenever the Commission has reason to believe that any product has been manufactured or introduced into commerce or any fabric or related material has been introduced in commerce in violation of section 1192 of this title, it may institute proceedings by process of libel for the seizure and confiscation of such product, fabric, or related material in any district court of the United States within the jurisdiction of which such product, fabric, or related material is found. Proceedings in cases instituted under the authority of this section shall conform as nearly as may be to proceedings in rem in admiralty, except that on demand of either party and in the discretion of the court, any issue of fact shall be tried by jury. Whenever such proceedings involving identical products, fabrics, or related materials are pending in two or more jurisdictions, they may be consolidated for trial by order of any such court upon application seasonably made by any party in interest upon notice to all other parties in interest. Any court granting an order of consolidation shall cause prompt notification thereof to be given to

other courts having jurisdiction in the cases covered thereby and the clerks of such other courts shall transmit all pertinent records and papers to the court designated for the trial of such consolidated proceedings. (c) Application by defendant for representative sample of seized materials In any such action the court, upon application seasonably made before trial, shall by order allow any party in interest, his attorney or agent, to obtain a representative sample of the product, fabric, or related material seized. (d) Disposal of condemned materials If such products, fabrics, or related materials are condemned by the court they shall be disposed of by destruction, by delivery to the owner or claimant thereof upon payment of court costs and fees and storage and other proper expenses and upon execution of good and sufficient bond to the effect that such products, fabrics, or related materials will not be disposed of until properly and adequately treated or processed so as to render them lawful for introduction into commerce, or by sale upon execution of good and sufficient bond to the effect that such products, fabrics, or related materials will not be disposed of until properly and adequately treated or processed so as to render them lawful for introduction into commerce. If such products, fabrics, or related materials are disposed of by sale the proceeds, less costs and charges, shall be paid into the Treasury of the United States. (June 30, 1953, ch. 164, Sec. 6, 67 Stat. 113; Pub. L. 90-189, Sec. 5, Dec. 14, 1967, 81 Stat. 571.) References in Text The Federal Trade Commission Act, referred to in subsec. (a), is act Sept. 26, 1914, ch. 311, 38 Stat. 717, as amended, which is classified generally to subchapter I (Sec. 41 et seq.) of chapter 2 of this title. For complete classification of this Act to the Code, see section 58 of this title and Tables. Amendments 1967--Subsec. (a). Pub. L. 90-189, Sec. 5(a), inserted ``, or a rule or regulation prescribed under section 1194 (c) of this title,'' after ``section 1192 of this title'' and substituted ``for the district in which such person resides or transacts business, or, if such person resides or transacts business in Guam or the Virgin Islands, then in the District Court of Guam or in the District Court of the Virgin Islands (as the case may be)'' for ``or in the United States court of any Territory for the district or Territory in which such person resides or transacts business''. Subsec. (b). Pub. L. 90-189, Sec. 5(b), substituted ``product'' for

``article of wearing apparel'', ``product, fabric, or related material'' for ``article of wearing apparel or fabric'' in two places and ``products, fabrics, or related materials'' for ``articles of wearing apparel or fabrics'', and inserted ``or related material'' before ``has been introduced in commerce''. Subsec. (c). Pub. L. 90-189, Sec. 5(b), substituted ``product, fabric, or related material'' for ``article of wearing apparel or fabric''. Subsec. (d). Pub. L. 90-189, Sec. 5(b), substituted ``products, fabrics, or related materials'' for ``articles of wearing apparel or fabrics'' wherever appearing and struck out ``for wearing apparel purposes'' before ``until properly and adequately treated or processed'' in two places. Transfer of Functions Functions of Secretary of Health, Education, and Welfare, Secretary of Commerce, and Federal Trade Commission under this chapter transferred to Consumer Product Safety Commission, along with functions of Federal Trade Commission under Federal Trade Commission Act, to extent such functions relate to administration and enforcement of this chapter, see section 2079 of this title. Section Referred to in Other Sections This section is referred to in section 1194 of this title. Sec. 1196. Penalties Any person who willfully violates section 1192 or 1197(b) of this title, or who fails to comply with section 1202(c) of this title, shall be guilty of a misdemeanor, and upon conviction thereof shall be fined not more than $5,000 or be imprisoned not more than one year or both in the discretion of the court: Provided, That nothing herein shall limit other provisions of this chapter. (June 30, 1953, ch. 164, Sec. 7, 67 Stat. 114; Pub. L. 95-631, Sec. 8(b), Nov. 10, 1978, 92 Stat. 3747.) Amendments 1978--Pub. L. 95-631 authorized penalties for noncompliance with section 1202(c) of this title. Transfer of Functions Functions of Secretary of Health, Education, and Welfare, Secretary of Commerce, and Federal Trade Commission under this chapter transferred to Consumer Product Safety Commission, along with functions of Federal Trade Commission under Federal Trade Commission Act, to extent such functions relate to administration and enforcement of this chapter, see

section 2079 of this title. Section Referred to in Other Sections This section is referred to in section 1197 of this title. Sec. 1197. Guaranties (a) Defense to prosecution No person shall be subject to prosecution under section 1196 of this title for a violation of section 1192 of this title if such person (1) establishes a guaranty received in good faith signed by and containing the name and address of the person by whom the product, fabric, or related material guaranteed was manufactured or from whom it was received, to the effect that reasonable and representative tests made in accordance with standards issued or amended under the provisions of section 1193 of this title show that the fabric or related material covered by the guaranty, or used in the product covered by the guaranty, conforms with applicable flammability standards issued or amended under the provisions of section 1193 of this title, and (2) has not, by further processing, affected the flammability of the fabric, related material, or product covered by the guaranty which he received. Such guaranty shall be either (1) a separate guaranty specifically designating the product, fabric, or related material guaranteed, in which case it may be on the invoice or other paper relating to such product, fabric, or related material; (2) a continuing guaranty given by seller to buyer applicable to any product, fabric, or related material sold or to be sold to buyer by seller in a form as the Commission by rules and regulations may prescribe; or (3) a continuing guaranty filed with the Commission applicable to any product, fabric, or related material handled by a guarantor, in such form as the Commission by rules or regulations may prescribe. (b) False guaranty It shall be unlawful for any person to furnish, with respect to any product, fabric, or related material, a false guaranty (except a person relying upon a guaranty to the same effect received in good faith signed by and containing the name and address of the person by whom the product, fabric, or related material guaranteed was manufactured or from whom it was received) with reason to believe the product, fabric, or related material falsely guaranteed may be introduced, sold, or transported in commerce, and any person who violates the provisions of this subsection is guilty of an unfair method of competition, and an unfair or deceptive act or practice, in commerce within the meaning of the Federal Trade Commission Act [15 U.S.C. 41 et seq.]. (June 30, 1953, ch. 164, Sec. 8, 67 Stat. 114; Pub. L. 90-189, Sec. 6, Dec. 14, 1967, 81 Stat. 572.)

References in Text The Federal Trade Commission Act, referred to in subsec. (b), is act Sept. 26, 1914, ch. 311, 38 Stat. 717, as amended, which is classified generally to subchapter I (Sec. 41 et seq.) of chapter 2 of this title. For complete classification of this Act to the Code, see section 58 of this title and Tables. Amendments 1967--Subsec. (a). Pub. L. 90-189 substituted ``product, fabric, or related material'' for ``wearing apparel or fabric'' wherever appearing and ``in accordance with standards issued or amended under the provisions of section 1193 of this title show that the fabric or related material covered by the guaranty, or used in the product covered by the guaranty, conforms with applicable flammability standards issued or amended under the provisions of section 1193 of this title'' for ``under the procedures provided in section 1193 of this title show that the fabric covered by the guaranty, or used in the wearing apparel covered by the guaranty, is not, under the provisions of section 1193 of this title, so highly flammable as to be dangerous when worn by individuals'', added cl. (2), and redesignated former cl. (2) as (3). Subsec. (b). Pub. L. 90-189 substituted ``product, fabric, or related material'' for ``wearing apparel or fabric'' wherever appearing. Transfer of Functions Functions of Secretary of Health, Education, and Welfare, Secretary of Commerce, and Federal Trade Commission under this chapter transferred to Consumer Product Safety Commission, along with functions of Federal Trade Commission under Federal Trade Commission Act, to extent such functions relate to administration and enforcement of this chapter, see section 2079 of this title. Section Referred to in Other Sections This section is referred to in sections 1194, 1196 of this title. Sec. 1198. Shipments from foreign countries; demand for redelivery; claim for liquidated damages An imported product, fabric, or related material to which flammability standards under this chapter are applicable shall not be delivered from customs custody except as provided in section 1499 of title 19. In the event an imported product, fabric, or related material is delivered from customs custody under bond, as provided in section 1499 of title 19 and fails to conform with an applicable flammability standard in effect on the date of entry of such merchandise, the Secretary of the Treasury shall demand redelivery and in the absence thereof shall assert a claim for liquidated damages for breach of a condition of the bond arising out of such failure to conform or

redeliver in accordance with regulations prescribed by the Secretary of the Treasury or his delegate. When asserting a claim for liquidated damages against an importer for failure to redeliver such nonconforming goods, the liquidated damages shall be not less than 10 per centum of the value of the nonconforming merchandise if, within five years prior thereto, the importer has previously been assessed liquidated damages for failure to redeliver nonconforming goods in response to a demand from the Secretary of the Treasury as set forth above. (June 30, 1953, ch. 164, Sec. 9, 67 Stat. 114; Pub. L. 90-189, Sec. 7, Dec. 14, 1967, 81 Stat. 572.) Amendments 1967--Pub. L. 90-189 substituted provisions prohibiting the delivery from customs of imported products, fabrics, or related materials to which flammability standards are applicable, except as provided in section 1499 of title 19, and requiring the Secretary of the Treasury to demand redelivery in the event any such imported product, fabric, or related material is delivered from customs custody under bond and fails to conform with an applicable flammability standard, and in the absence of such redelivery to assert a claim for liquidated damages for breach of the bond, which damages shall not be less than 10 per centum of the value of the nonconforming merchandise if, within 5 years prior thereto, the importer has previously been assessed liquidated damages for failure to redeliver nonconforming goods in response to a demand by the Secretary for provisions which authorized the Commission to prohibit any person who had exported or who had attempted to export from any foreign country into the United States any wearing apparel or fabric which was so highly flammable as to be dangerous when worn by individuals from further participation in the exportation from any foreign country into the United States of any wearing apparel or fabric except upon filing bonds with the Secretary of the Treasury in a sum double the value of said products and any duty thereon, conditioned upon compliance with the provisions of this chapter. Transfer of Functions Functions of Secretary of Health, Education, and Welfare, Secretary of Commerce, and Federal Trade Commission under this chapter transferred to Consumer Product Safety Commission, along with functions of Federal Trade Commission under Federal Trade Commission Act, to extent such functions relate to administration and enforcement of this chapter, see section 2079 of this title. Sec. 1199. Chapter as additional legislation The provisions of this chapter shall be held to be in addition to, and not in substitution for or limitation of, the provisions of any other law. If any provision of this chapter or the application thereof to any person or circumstances is held invalid the remainder of the

chapter and the application of such provisions to any other person or circumstances shall not be affected thereby. (June 30, 1953, ch. 164, Sec. 10, 67 Stat. 115.) Transfer of Functions Functions of Secretary of Health, Education, and Welfare, Secretary of Commerce, and Federal Trade Commission under this chapter transferred to Consumer Product Safety Commission, along with functions of Federal Trade Commission under Federal Trade Commission Act, to extent such functions relate to administration and enforcement of this chapter, see section 2079 of this title. Sec. 1200. Persons excluded from operation of chapter The provisions of this chapter shall not apply (a) to any common carrier, contract carrier, or freight forwarder in transporting a product, fabric, or related material shipped or delivered for shipment into commerce in the ordinary course of its business; (b) to any converter, processor, or finisher in performing a contract or commission service for the account of a person subject to the provisions of this chapter: Provided, That said converter, processor, or finisher does not cause any product, fabric, or related material to become subject to this chapter contrary to the terms of the contract or commission service; or (c) to any product, fabric, or related material shipped or delivered for shipment into commerce for the purpose of finishing or processing such product, fabric, or related material so that it conforms with applicable flammability standards issued or amended under the provisions of section 1193 of this title. (June 30, 1953, ch. 164, Sec. 11, 67 Stat. 115; Pub. L. 90-189, Sec. 8, Dec. 14, 1967, 81 Stat. 573.) Amendments 1967--Pub. L. 90-189 substituted ``in transporting a product, fabric, or related material'' for ``with respect to an article of wearing apparel or fabric'', ``product, fabric, or related material'' for ``article of wearing apparel or fabric'' in two places, and ``such product, fabric, or related material so that it conforms with applicable flammability standards issued or amended under the provisions of section 1193 of this title'' for ``to render such article or fabric not so highly flammable, under the provisions of section 1193 of this title, as to be dangerous when worn by individuals''. Transfer of Functions Functions of Secretary of Health, Education, and Welfare, Secretary of Commerce, and Federal Trade Commission under this chapter transferred to Consumer Product Safety Commission, along with functions of Federal

Trade Commission under Federal Trade Commission Act, to extent such functions relate to administration and enforcement of this chapter, see section 2079 of this title. Sec. 1201. Study and investigation; research, development and training (a) The Consumer Product Safety Commission shall conduct a continuing study and investigation of the deaths, injuries, and economic losses resulting from accidental burning of products, fabrics, or related materials. (b) In cooperation with appropriate public and private agencies, the Consumer Product Safety Commission is authorized to-- (1) conduct research into the flammability of products, fabrics, and materials; (2) conduct feasibility studies on reduction of flammability of products, fabrics, and materials; (3) develop flammability test methods and testing devices; and (4) offer appropriate training in the use of flammability test methods and testing devices. (June 30, 1953, ch. 164, Sec. 14, as added Pub. L. 90-189, Sec. 10, Dec. 14, 1967, 81 Stat. 573; amended Pub. L. 92-573, Sec. 30(b), Oct. 27, 1972, 86 Stat. 1231; Pub. L. 96-470, title I, Sec. 114, Oct. 19, 1980, 94 Stat. 2240; Pub. L. 97-35, title XII, Sec. 1211(e), Aug. 13, 1981, 95 Stat. 721.) Codification In subsec. (a), the words ``in cooperation with the Secretary of Commerce'' which followed ``Consumer Product Safety Commission'' have been omitted from the Code in view of the transfer of functions of the Secretary of Commerce under this chapter to the Consumer Product Safety Commission pursuant to section 30(b) of Pub. L. 92-573 which is classified to section 2079(b) of this title. This transfer would result in this phrase being redundant in that it would provide for the Consumer Product Safety Commission to cooperate with itself. Amendments 1981--Subsec. (a). Pub. L. 97-35 struck out provisions relating to the submission of an annual report by the Secretary of Health and Human Services to the President and to the Congress containing the results of a study and investigation. 1980--Subsec. (b). Pub. L. 96-470 struck out provision requiring the Secretary to report the results of activities under this subsection to Congress. Effective Date of 1981 Amendment

Amendment by Pub. L. 97-35 effective Aug. 13, 1981, see section 1215 of Pub. L. 97-35, set out as a note under section 2052 of this title. Transfer of Functions ``Consumer Product Safety Commission'' substituted for ``Secretary of Health, Education, and Welfare'' in subsec. (a) and for ``Secretary of Commerce'' in subsec. (b) pursuant to section 30(b) of Pub. L. 92- 573, which is classified to section 2079(b) of this title and which transferred functions of Secretary of Health, Education, and Welfare, Secretary of Commerce, and Federal Trade Commission under this chapter to Consumer Product Safety Commission. Toxicologic Risks of Flame-Retardant Chemicals in Residential Upholstered Furniture Pub. L. 105-276, title IV, Sec. 423, Oct. 21, 1998, 112 Stat. 2510, provided that: ``(a) Within 90 days of the enactment of this Act [Oct. 21, 1998], the Consumer Product Safety Commission shall make all necessary arrangements for the Committee on Toxicology of the National Academy of Sciences (NAS) to conduct an independent 12-month study of the potential toxicologic risks of all flame-retardant chemicals identified by the NAS and the Commission as likely candidates for use in residential upholstered furniture for the purpose of meeting regulations proposed by the Commission for flame resistance of residential upholstered furniture. ``(b) Upon completion of its report, the Academy shall send the report to the Commission, which shall provide it to the Congress. ``(c) The Commission, before promulgating any notice of proposed rulemaking or final rulemaking setting flammability standards for residential upholstered furniture, shall consider fully the findings and conclusions of the Academy.'' Section Referred to in Other Sections This section is referred to in section 1193 of this title. Sec. 1202. Exemptions (a) Exports; risk of injury to residents of United States This chapter shall not apply to any fabric, related material, or product which is to be exported from the United States, if such fabric, related material, or product, and any container in which it is enclosed, bears a stamp or label stating that such fabric, related material, or product is intended for export and such fabric, related material, or product is in fact exported from the United States; unless the Consumer Product Safety Commission (hereinafter in this section referred to as the ``Commission'') determines that exportation of such fabric, related

material, or product presents an unreasonable risk of injury to persons residing within the United States; except that this chapter shall apply to any fabric, related material, or product manufactured for sale, offered for sale, or intended for shipment to any installation of the United States located outside of the United States. (b) Imports intended for export; risk of injury to residents of United States This chapter shall not apply to any fabric, related material, or product which is imported into the United States for dyeing, finishing, other processing, or storage in bond, and export from the United States, if such fabric, related material, or product, and any container in which it is enclosed, bears a stamp or label stating that such fabric, related material, or product is intended for export, and such fabric, related material, or product is in fact exported from the United States, unless the Commission determines that exportation of such fabric, related material, or product presents an unreasonable risk of injury to persons residing within the United States; except that this chapter shall apply to any such imported fabric, related material, or product manufactured for sale, offered for sale, or intended for shipment to any installation of the United States located outside of the United States. (c) Statement of exportation: filing period, information; notification of foreign country; petition for minimum filing period; good cause Not less than thirty days before any person exports to a foreign country any fabric, related material, or product that fails to conform to an applicable flammability standard or regulation in effect under this chapter, such person shall file a statement with the Commission notifying the Commission of such exportation, and the Commission, upon receipt of such statement, shall promptly notify the government of such country of such exportation and of the basis for such flammability standard or regulation. Any statement filed with the Commission under the preceding sentence shall specify the anticipated date of shipment of such fabric, related material, or product, the country and port of destination of such fabric, related material, or product, and the quantity of such fabric, related material, or product that will be exported, and shall contain such other information as the Commission may by regulation require. Upon petition filed with the Commission by any person required to file a statement under this subsection respecting an exportation, the Commission may, for good cause shown, exempt such person from the requirement of this subsection that such a statement be filed no less than thirty days before the date of the exportation, except that in no case shall the Commission permit such a statement to be filed later than the tenth day before such date. (June 30, 1953, ch. 164, Sec. 15, as added Pub. L. 90-189, Sec. 10, Dec. 14, 1967, 81 Stat. 574; amended Pub. L. 95-631, Sec. 8(a), Nov. 10, 1978, 92 Stat. 3746.)

Amendments 1978--Subsec. (a). Pub. L. 95-631, Sec. 8(a)(1), made chapter applicable to exports when the Commission determines that exportation presents an unreasonable risk of injury to persons residing within the United States. Subsec. (b). Pub. L. 95-631, Sec. 8(a)(2), made chapter applicable to imports intended for export when the Commission determines that exportation presents an unreasonable risk of injury to persons residing within the United States. Subsec. (c). Pub. L. 95-631, Sec. 8(a)(3), added subsec. (c). Section Referred to in Other Sections This section is referred to in section 1196 of this title. Sec. 1203. Preemption of Federal standards (a) Standards or regulations designed to protect against same risk as State standards or regulations; identical State standards Except as provided in subsections (b) and (c) of this section, whenever a flammability standard or other regulation for a fabric, related material, or product is in effect under this chapter, no State or political subdivision of a State may establish or continue in effect a flammability standard or other regulation for such fabric, related material, or product if the standard or other regulation is designed to protect against the same risk of occurrence of fire with respect to which the standard or other regulation under this chapter is in effect unless the State or political subdivision standard or other regulation is identical to the Federal standard or other regulation. (b) State standards or regulations which afford a higher degree of protection The Federal Government and the government of any State or political subdivision of a State may establish and continue in effect a flammability standard or other regulation applicable to a fabric, related material, or product for its own use which standard or other regulation is designed to protect against a risk of occurrence of fire with respect to which a flammability standard or other regulation is in effect under this chapter and which is not identical to such standard or other regulation if the Federal, State, or political subdivision standard or other regulation provides a higher degree of protection from such risk of occurrence of fire than the standard or other regulation in effect under this chapter. (c) Exemption for State standards or regulations; requirements; determination of burden on interstate commerce; notice and hearing

(1) Upon application of a State or political subdivision of a State, the Commission may, by regulation promulgated in accordance with paragraph (2), exempt from subsection (a) of this section, under such conditions as may be prescribed in such regulation, any flammability standard or other regulation of such State or political subdivision applicable to a fabric, related material, or product subject to a standard or other regulation in effect under this chapter, if-- (A) compliance with the State or political subdivision requirement would not cause the fabric, related material, or product to be in violation of the standard or other regulation in effect under this chapter, and (B) the State or political subdivision standard or other regulation (i) provides a significantly higher degree of protection from the risk of occurrence of fire with respect to which the Federal standard or other regulation is in effect, and (ii) does not unduly burden interstate commerce. In determining the burden, if any, of a State or political subdivision flammability standard or other regulation on interstate commerce the Commission shall consider and make appropriate (as determined by the Commission in its discretion) findings on the technological and economic feasibility of complying with such flammability standard or other regulation, the cost of complying with such flammability standard or other regulation, the geographic distribution of the fabric, related material, or product to which the flammability standard or other regulation would apply, the probability of other States or political subdivisions applying for an exemption under this subsection for a similar flammability standard or other regulation, and the need for a national, uniform flammability standard or other regulation under this chapter for such fabric, related material, or product. (2) A regulation under paragraph (1) granting an exemption for a flammability standard or other regulation of a State or political subdivision of a State may be promulgated by the Commission only after it has provided, in accordance with section 553(b) of title 5, notice with respect to the promulgation of the regulation and has provided opportunity for the oral presentation of views respecting its promulgation. (d) Flammability standards or regulations; definitions For purposes of this section-- (1) a reference to a flammability standard or other regulation for a fabric, related material, or product in effect under this chapter includes a standard of flammability continued in effect by section 11 of the Act of December 14, 1967 (Public Law 90-189); and (2) the term ``Commission'' means the Consumer Product Safety Commission. (June 30, 1953, ch. 164, Sec. 16, as added Pub. L. 90-189, Sec. 10, Dec. 14, 1967, 81 Stat. 574; amended Pub. L. 94-284, Sec. 17(b), May 11, 1976, 90 Stat. 512.) References in Text

Section 11 of the Act of December 14, 1967 (Public Law 90-189), referred to in subsec. (d)(1), is set out as a note under section 1191 of this title. Amendments 1976--Pub. L. 94-284 substituted provisions which permitted the use of flammability standards or regulations not identical with the standards or regulations in effect under this chapter provided that the standards or regulations used afford a higher degree of protection from the risk of the occurrence of fire than the standards or regulation under this chapter, and which permitted the Commission, by regulation promulgated in accordance with section 553 of title 5, to grant an exemption for a flammability standard or other regulation of a State or political subdivision of a State, for the prior supremacy of chapter provision. Sec. 1204. Congressional veto of flammability regulations (a) Transmission to Congress The Consumer Product Safety Commission shall transmit to the Secretary of the Senate and the Clerk of the House of Representatives a copy of any flammability regulation promulgated by the Commission under section 1193 of this title. (b) Disapproval by concurrent resolution Any regulation specified in subsection (a) of this section shall not take effect if-- (1) within the ninety calendar days of continuous session of the Congress which occur after the date of the promulgation of such regulation, both Houses of the Congress adopt a concurrent resolution, the matter after the resolving clause of which is as follows (with the blank spaces appropriately filled): ``That the Congress disapproves the flammability regulation which was promulgated under the Flammable Fabrics Act by the Consumer Product Safety Commission with respect to and which was transmitted to the Congress on and disapproves the regulation for the following reasons: .''; or (2) within the sixty calendar days of continuous session of the Congress which occur after the date of the promulgation of such regulation, one House of the Congress adopts such concurrent resolution and transmits such resolution to the other House and such resolution is not disapproved by such other House within the thirty calendar days of continuous session of the Congress which occur after the date of such transmittal. (c) Presumptions from Congressional action or inaction

Congressional inaction on, or rejection of, a concurrent resolution of disapproval under this section shall not be construed as an expression of approval of the regulation involved, and shall not be construed to create any presumption of validity with respect to such regulation. (d) Continuous session of Congress For purposes of this section-- (1) continuity of session is broken only by an adjournment of the Congress sine die; and (2) the days on which either House is not in session because of an adjournment of more than three days to a day certain are excluded in the computation of the periods of continuous session of the Congress specified in subsection (b) of this section. (June 30, 1953, ch. 164, Sec. 17, as added Pub. L. 97-35, title XII, Sec. 1207(d), Aug. 13, 1981, 95 Stat. 719.) References in Text The Flammable Fabrics Act, referred to in subsec. (b), is act June 30, 1953, ch. 164, 67 Stat. 111, as amended, which is classified generally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 1191 of this title and Tables. Prior Provisions A prior section 1204, act June 30, 1953, ch. 164, Sec. 17, as added Dec. 14, 1967, Pub. L. 90-189, Sec. 10, 81 Stat. 574; amended May 11, 1976, Pub. L. 94-284, Sec. 19, 90 Stat. 514, related to the National Advisory Committee for Flammable Fabrics Act, prior to repeal by Pub. L. 97-35, title XII, Sec. 1205(b), Aug. 13, 1981, 95 Stat. 716, eff. Aug. 13, 1981. Effective Date Section applicable with respect to consumer product safety rules under chapter 47 of this title and regulations under this chapter and chapter 30 of this title promulgated after Aug. 13, 1981, see section 1215 of Pub. L. 97-35, set out as an Effective Date of 1981 Amendment note under section 2052 of this title.

[Code of Federal Regulations] [Title 16, Volume 1] [Revised as of January 1, 2005] From the U.S. Government Printing Office via GPO Access [CITE: 16CFR303] [Page 219-241] TITLE 16--COMMERCIAL PRACTICES CHAPTER I--FEDERAL TRADE COMMISSION PART 303_RULES AND REGULATIONS UNDER THE TEXTILE FIBER PRODUCTS IDENTIFICATION ACT--Table of Contents Sec. 303.1 Terms defined. 303.2 General requirements. 303.3 Fibers present in amounts of less than 5 percent. 303.4 English language requirement. [[Page 220]] 303.5 Abbreviations, ditto marks, and asterisks prohibited. 303.6 Generic names of fibers to be used. 303.7 Generic names and definitions for manufactured fibers. 303.8 Procedure for establishing generic names for manufactured fibers. 303.9 Use of fur-bearing animal names and symbols prohibited. 303.10 Fiber content of special types of products. 303.11 Floor coverings containing backings, fillings, and paddings. 303.12 Trimmings of household textile articles. 303.13 Sale of remnants and products made of remnants. 303.14 Products containing unknown fibers. 303.15 Required label and method of affixing. 303.16 Arrangement and disclosure of information on labels. 303.17 Use of fiber trademarks and generic names on labels. 303.18 Terms implying fibers not present. 303.19 Name or other identification required to appear on labels. 303.20 Registered identification numbers. 303.21 Marking of samples, swatches, or specimens and products sold therefrom. 303.22 Products containing linings, interlinings, fillings, and paddings. 303.23 Textile fiber products containing superimposed or added fibers. 303.24 Pile fabrics and products composed thereof. 303.25 Sectional disclosure of content. 303.26 Ornamentation. 303.27 Use of the term ``All'' or ``100%.'' 303.28 Products contained in packages. 303.29 Labeling of pairs or products containing two or more units.

303.30 Textile fiber products in form for consumer. 303.31 Invoice in lieu of label. 303.32 Products containing reused stuffing. 303.33 Country where textile fiber products are processed or manufactured. 303.34 Country of origin in mail order advertising. 303.35 Use of terms ``virgin'' or ``new.'' 303.36 Form of separate guaranty. 303.37 Form of continuing guaranty from seller to buyer. 303.38 Continuing guaranty filed with Federal Trade Commission. 303.39 Maintenance of records. 303.40 Use of terms in written advertisements that imply presence of a fiber. 303.41 Use of fiber trademarks and generic names in advertising. 303.42 Arrangement of information in advertising textile fiber products. 303.43 Fiber content tolerances. 303.44 Products not intended for uses subject to the act. 303.45 Exclusions from the act. Authority: 15 U.S.C. 70 et seq. Source: 24 FR 4480, June 2, 1959, unless otherwise noted. Sec. 303.1 Terms defined. As used in this part, unless the context otherwise specifically requires: (a) The term Act means the Textile Fiber Products Identification Act (approved September 2, 1958, 85th Congress, 2d Sess.; 15 U.S.C. 70, 72 Stat. 1717). (b) The terms rule, rules, regulations, and rules and regulations mean the rules and regulations prescribed by the Commission pursuant to section 7(c) of the Act. (c) The definition of terms contained in section 2 of the Act shall be applicable also to such terms when used in rules promulgated under the Act. (d) The term United States means the several States, the District of Columbia, and the Territories and possessions of the United States. (e) The terms required information and information required mean such information as is required to be disclosed on labels or invoices and in advertising under the Act and regulations. (f) The terms label, labels, labeled, and labeling mean the stamp, tag, label, or other means of identification, or authorized substitute therefor, required to be on or affixed to textile fiber products by the Act and regulations and on which the information required is to appear. (g) The terms marketing or handling and marketed or handled, when applied to textile fiber products, mean any one or all of the transactions set forth in section 3 of the Act. (h) The terms invoice and invoice or other paper mean an account, order, memorandum, list, or catalog, which is issued to a purchaser, consignee, bailee, correspondent, agent, or any other person, in writing or in some other form capable of being read and preserved in a tangible form, in connection with the marketing or handling of any textile fiber

product transported or delivered to such person. (i) The term outer coverings of furniture, mattresses, and box springs means those coverings as are permanently incorporated in such articles. [[Page 221]] (j) The term wearing apparel means any costume or article of clothing or covering for any part of the body worn or intended to be worn by individuals. (k) The term beddings means sheets, covers, blankets, comforters, pillows, pillowcases, quilts, bedspreads, pads, and all other textile fiber products used or intended to be used on or about a bed or other place for reclining or sleeping but shall not include furniture, mattresses or box springs. (l) The term headwear means any textile fiber product worn exclusively on or about the head or face by individuals. (m) The term backings, when applied to floor coverings, means that part of a floor covering to which the pile, face, or outer surface is woven, tufted, hooked, knitted, or otherwise attached, and which provides the structural base of the floor covering. The term backing shall also include fabrics attached to the structural base of the floor covering in such a way as to form a part of such structural base, but shall not include the pile, face, or outer surface of the floor covering or any part thereof. (n) The term elastic material means a fabric composed of yarn consisting of an elastomer or a covered elastomer. (o) The term coated fabric means any fabric which is coated, filled, impregnated, or laminated with a continuous-film-forming polymeric composition in such a manner that the weight added to the base fabric is at least 35 percent of the weight of the fabric before coating, filling, impregnation, or lamination. (p) The term upholstered product means articles of furniture containing stuffing and shall include mattresses and box springs. (q) The term ornamentation means any fibers or yarns imparting a visibly discernible pattern or design to a yarn or fabric. (r) The term fiber trademark means a word or words used by a person to identify a particular fiber produced or sold by him and to distinguish it from fibers of the same generic class produced or sold by others. Such term shall not include any trade mark, product mark, house mark, trade name or other name which does not identify a particular fiber. (s) The term wool means the fiber from the fleece of the sheep or lamb or hair of the Angora or Cashmere goat (and may include the so- called specialty fibers from the hair of the camel, alpaca, llama, and vicuna) which has never been reclaimed from any woven or felted wool product. (t) The term recycled wool means (1) the resulting fiber when wool has been woven or felted into a wool product which, without ever having been utilized in any way by the ultimate consumer, subsequently has been made into a fibrous state, or (2) the resulting fiber when wool or reprocessed wool has been spun, woven, knitted, or felted into a wool product which, after having been used in any way by the ultimate

consumer, subsequently has been made into a fibrous state. (u) The terms mail order catalog and mail order promotional material mean any materials, used in the direct sale or direct offering for sale of textile products, that are disseminated to ultimate consumers in print or by electronic means, other than by broadcast, and that solicit ultimate consumers to purchase such textile products by mail, telephone, electronic mail, or some other method without examining the actual product purchased. [24 FR 4480, June 2, 1959, as amended at 45 FR 44263, July 1, 1980; 50 FR 15106, Apr. 17, 1985; 63 FR 7517, Feb. 13, 1998] Sec. 303.2 General requirements. (a) Each textile fiber product, except those exempted or excluded under section 12 of the Act, shall be labeled or invoiced in conformity with the requirements of the Act and regulations. (b) Any advertising of textile fiber products subject to the Act shall be in conformity with the requirements of the Act and regulations. (c) The requirements of the Act and regulations shall not be applicable to products required to be labeled under the Wool Products Labeling Act of 1939 (Pub. L. 76-850, 15 U.S.C. 68, 54 Stat. 1128). (d) Any person marketing or handling textile fiber products who shall cause or direct a processor or finisher to label, invoice, or otherwise identify any textile fiber product with required information shall be responsible under [[Page 222]] the Act and regulations for any failure of compliance with the Act and regulations by reason of any statement or omission in such label, invoice, or other means of identification utilized in accordance with his direction: Provided, That nothing herein shall relieve the processor or finisher of any duty or liability to which he may be subject under the Act and regulations. Sec. 303.3 Fibers present in amounts of less than 5 percent. (a) Except as permitted in sections 4(b)(1) and 4(b)(2) of the Act, as amended, no fiber present in the amount of less than 5 percent of the total fiber weight shall be designated by its generic name or fiber trademark in disclosing the constituent fibers in required information, but shall be designated as ``other fiber.'' When more than one of such fibers are present in a product, they shall be designated in the aggregate as ``other fibers.'' Provided, however, that nothing in this section shall be construed as prohibiting the disclosure of any fiber present in a textile fiber product which has a clearly established and definite functional significance when present in the amount contained in such product, as for example: 96 percent Acetate 4 percent Spandex.

(b) In making such disclosure, all of the provisions of the Act and regulations in this part setting forth the manner and form of disclosure of fiber content information, including the provisions of Sec. Sec. 303.17 and 303.41 of this part relating to the use of generic names and fiber trademarks, shall be applicable. [63 FR 7518, Feb. 13, 1998] Sec. 303.4 English language requirement. All required information shall be set out in the English language. If the required information appears in a language other than English, it also shall appear in the English language. The provisions of this section shall not apply to advertisements in foreign language newspapers or periodicals, but such advertising shall in all other respects comply with the Act and regulations. Sec. 303.5 Abbreviations, ditto marks, and asterisks prohibited. (a) In disclosing required information, words or terms shall not be designated by ditto marks or appear in footnotes referred to by asterisks or other symbols in required information, and shall not be abbreviated except as permitted in Sec. 303.33(e) of this part. (b) Where the generic name of a textile fiber is required to appear in immediate conjunction with a fiber trademark in advertising, labeling, or invoicing, a disclosure of the generic name by means of a footnote, to which reference is made by use of an asterisk or other symbol placed next to the fiber trademark, shall not be sufficient in itself to constitute compliance with the Act and regulations. [24 FR 4480, June 2, 1959, as amended at 65 FR 75156, Dec. 1, 2000] Sec. 303.6 Generic names of fibers to be used. (a) Except where another name is permitted under the Act and regulations, the respective generic names of all fibers present in the amount of 5 per centum or more of the total fiber weight of the textile fiber product shall be used when naming fibers in the required information; as for example: ``cotton,'' ``rayon,'' ``silk,'' ``linen,'' ``nylon,'' etc. (b) Where a textile fiber product contains the hair or fiber of a fur-bearing animal present in the amount 5 per centum or more of the total fiber weight of the product, the name of the animal producing such fiber may be used in setting forth the required information, provided the name of such animal is used in conjunction with the words ``fiber,'' ``hair,'' or ``blend;'' as for example: 80 percent Rabbit hair. 20 percent Nylon. or 80 percent Silk.

20 percent Mink fiber. (c) The term fur fiber may be used to describe the hair or fur fiber or mixtures thereof of any animal or animals other than the sheep, lamb, Angora goat, Cashmere goat, camel, alpaca, llama or vicuna where such hair or fur fiber or mixture is present in the [[Page 223]] amount of 5 per centum or more of the total fiber weight of the textile fiber product and no direct or indirect representations are made as to the animal or animals from which the fiber so designated was obtained; as for example: 60 percent Cotton. 40 percent Fur fiber. or 50 percent Nylon. 30 percent Mink hair. 20 percent Fur fiber. (d) Where textile fiber products subject to the Act contain (1) wool or (2) recycled wool in amounts of five per centum or more of the total fiber weight, such fibers shall be designated and disclosed as wool or recycled wool as the case may be. [24 FR 4480, June 2, 1959, as amended at 45 FR 44263, July 1, 1980] Sec. 303.7 Generic names and definitions for manufactured fibers. Pursuant to the provisions of section 7(c) of the Act, the Commission hereby establishes the generic names for manufactured fibers, together with their respective definitions, set forth in this section, and the generic names for manufactured fibers, together with their respective definitions, set forth in International Organization for Standardization ISO 2076: 1999(E), ``Textiles--Man-made fibres--Generic names.'' This incorporation by reference was approved by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies may be obtained from the American National Standards Institute, 11 West 42nd St., 13th floor, New York, NY 10036. Copies may be inspected at the Federal Trade Commission, Room 130, 600 Pennsylvania Avenue, NW., Washington, DC 20580, or at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to: http:// www.archives.gov/federal--register/code--of--federal--regulations/ibr-- locations.html. (a) Acrylic. A manufactured fiber in which the fiber-forming substance is any long chain synthetic polymer composed of at least 85 percent by weight of acrylonitrile units [GRAPHIC] [TIFF OMITTED] TC29SE91.004

(b) Modacrylic. A manufactured fiber in which the fiber-forming substance is any long chain synthetic polymer composed of less than 85 percent but at least 35 percent by weight of acrylonitrile units [GRAPHIC] [TIFF OMITTED] TC29SE91.005 except fibers qualifying under paragraph (j)(2) of this section and fibers qualifying under paragraph (q) of this section. (Sec. 7, 72 Stat. 1717; 15 U.S.C. section 70e) (c) Polyester. A manufactured fiber in which the fiber-forming substance is any long chain synthetic polymer composed of at least 85% by weight of an ester of a substituted aromatic carboxylic acid, including but not restricted to substituted terephthalate units, [GRAPHIC] [TIFF OMITTED] TC29SE91.006 and para substituted hydroxy-benzoate units, [GRAPHIC] [TIFF OMITTED] TC29SE91.007 Where the fiber is formed by the interaction of two or more chemically distinct polymers (of which none exceeds 85% by weight), and contains ester groups as the dominant functional unit (at least 85% by weight of the total polymer content of the fiber), and which, if stretched at least 100%, durably and rapidly reverts substantially to its unstretched length when the tension is removed, the term elasterell-p may be used as a generic description of the fiber. (d) Rayon--A manufactured fiber composed of regenerated cellulose, as well as manufactured fibers composed [[Page 224]] of regenerated cellulose in which substituents have replaced not more than 15% of the hydrogens of the hydroxyl groups. Where the fiber is composed of cellulose precipitated from an organic solution in which no substitution of the hydroxyl groups takes place and no chemical intermediates are formed, the term lyocell may be used as a generic description of the fiber. (e) Acetate. A manufactured fiber in which the fiber-forming substance is cellulose acetate. Where not less than 92 percent of the hydroxyl groups are acetylated, the term triacetate may be used as a generic description of the fiber. (f) Saran. A manufactured fiber in which the fiber-forming substance is any long chain synthetic polymer composed of at least 80 percent by weight of vinylidene chloride units (-CH<INF>9</INF>-CCl<INF>2</INF>-). (g) Azlon. A manufactured fiber in which the fiber-forming substance is composed of any regenerated naturally occurring proteins. (h) Nytril. A manufactured fiber containing at least 85 percent of a long chain polymer of vinylidene dinitrile (-CH<INF>2</INF>- C(CN)<INF>2</INF>-) where the vinylidene dinitrile content is no less than every other unit in the polymer chain. (i) Nylon. A manufactured fiber in which the fiber-forming substance is a long-chain synthetic polyamide in which less than 85 percent of the

amide [GRAPHIC] [TIFF OMITTED] TC29SE91.008 linkages are attached directly to two aromatic rings. (j) Rubber. A manufactured fiber in which the fiber-forming substance is comprised of natural or synthetic rubber, including the following categories: (1) A manufactured fiber in which the fiber-forming substance is a hydrocarbon such as natural rubber, polyisoprene, polybutadiene, copolymers of dienes and hydrocarbons, or amorphous (noncrystalline) polyolefins. (2) A manufactured fiber in which the fiber-forming substance is a copolymer of acrylonitrile and a diene (such as butadiene) composed of not more than 50 percent but at least 10 percent by weight of acrylonitrile units [GRAPHIC] [TIFF OMITTED] TC29SE91.009 The term lastrile may be used as a generic description for fibers falling within this category. (3) A manufactured fiber in which the fiber-forming substance is a polychloroprene or a copolymer of chloroprene in which at least 35 percent by weight of the fiber-forming substance is composed of chloroprene units [GRAPHIC] [TIFF OMITTED] TC29SE91.010 (k) Spandex. A manufactured fiber in which the fiber-forming substance is a long chain synthetic polymer comprised of at least 85 percent of a segmented polyurethane. (l) Vinal. A manufactured fiber in which the fiber-forming substance is any long chain synthetic polymer composed of at least 50 percent by weight of vinyl alcohol units (-CH<INF>2</INF>-CHOH-), and in which the total of the vinyl alcohol units and any one or more of the various acetal units is at least 85 percent by weight of the fiber. (m) Olefin. A manufactured fiber in which the fiber-forming substance is any long chain synthetic polymer composed of at least 85 percent by weight of ethylene, propylene, or other olefin units, except amorphous (noncrystalline) polyolefins qualifying under paragraph (j)(1) of this section [Rule 7]. Where the fiber-forming substance is a cross- linked synthetic polymer, with low but significant crystallinity, composed of at least 95 percent by weight of ethylene and at least one other olefin unit, and the fiber is substantially elastic and heat resistant, the term lastol may be used as a generic description of the fiber. (n) Vinyon. A manufactured fiber in which the fiber-forming substance is [[Page 225]] any long chain synthetic polymer composed of at least 85 percent by weight of vinyl chloride units (-CH<INF>2</INF>-CHCl-). (o) Metallic. A manufactured fiber composed of metal, plastic-coated

metal, metal-coated plastic, or a core completely covered by metal. (p) Glass. A manufactured fiber in which the fiber-forming substance is glass. (q) Anidex. A manufactured fiber in which the fiber-forming substance is any long chain synthetic polymer composed of at least 50 percent by weight of one or more esters of a monohydric alcohol and acrylic acid, CH<INF>2</INF>=CH--COOH. (r) Novoloid. A manufactured fiber containing at least 85 percent by weight of a cross-linked novolac. (s) Aramid. A manufactured fiber in which the fiber-forming substance is a long-chain synthetic polyamide in which at least 85 percent of the amide [GRAPHIC] [TIFF OMITTED] TC29SE91.011 linkages are attached directly to two aromatic rings. (t) Sulfar. A manufactured fiber in which the fiber-forming substance is a long chain synthetic polysulfide in which at least 85% of the sulfide (--S--) linkages are attached directly to two (2) aromatic rings. (u) PBI. A manufactured fiber in which the fiber-forming substance is a long chain aromatic polymer having reoccurring imidazole groups as an integral part of the polymer chain. (v) Elastoester. A manufactured fiber in which the fiber-forming substance is a long-chain synthetic polymer composed of at least 50% by weight of aliphatic polyether and at least 35% by weight of polyester, as defined in 16 CFR 303.7(c). (w) Melamine. A manufactured fiber in which the fiber-forming substance is a synthetic polymer composed of at least 50% by weight of a cross-linked melamine polymer. (x) Fluoropolymer. A manufactured fiber containing at least 95% of a long-chain polymer synthesized from aliphatic fluorocarbon monomers. (y) PLA. A manufactured fiber in which the fiber-forming substance is composed of at least 85% by weight of lactic acid ester units derived from naturally occurring sugars. (Sec. 6, 72 Stat. 1717; 15 U.S.C. 70e) [24 FR 4480, June 2, 1959; 24 FR 5737, July 17, 1959, as amended at 31 FR 2652, Feb. 11, 1966; 31 FR 3002, Feb. 22, 1966; 34 FR 14595, Sept. 19, 1969; 38 FR 21782, Aug. 13, 1973; 38 FR 34115, Dec. 11, 1973; 39 FR 1834, Jan. 15, 1974; 51 FR 20807, 20809, June 9, 1986; 61 FR 16387, Apr. 15, 1996; 62 FR 28344, May 23, 1997; 63 FR 7518, Feb. 13, 1998; 63 FR 36174, July 2, 1998; 63 FR 71583, Dec. 28, 1998; 65 FR 75156, Dec. 1, 2000; 67 FR 4903, Feb. 1, 2002; 67 FR 70839, Nov. 27, 2002; 68 FR 3816, Jan. 27, 2003; 69 FR 18803, Apr. 9, 2004] Sec. 303.8 Procedure for establishing generic names for manufactured fibers. (a) Prior to the marketing or handling of a manufactured fiber for which no generic name has been established or otherwise recognized by the Commission, the manufacturer or producer thereof shall file a

written application with the Commission, requesting the establishment of a generic name for such fiber, stating therein: (1) The reasons why the applicant's fiber should not be identified by one of the generic names established by the Commission in Sec. 303.7 of this part; (2) The chemical composition of the fiber, including the fiber- forming substances and respective percentages thereof, together with samples of the fiber; (3) Suggested names for consideration as generic, together with a proposed definition for the fiber; (4) Any other information deemed by the applicant to be pertinent to the application, including technical data in the form of test methods; (5) The earliest date on which the application proposes to market or handle the fiber in commerce for other than developmental or testing purposes. (b) Upon receipt of the application, the Commission will, within sixty (60) days, either deny the application or assign to the fiber a numerical or alphabetical symbol for temporary use during further consideration of such application. [[Page 226]] (c) After taking the necessary procedure in consideration of the application, the Commission in due course shall establish a generic name or advise the applicant of its refusal to grant the application and designate the proper existing generic name for the fiber. [24 FR 4480, June 2, 1959, as amended at 63 FR 7518, Feb. 13, 1998] Sec. 303.9 Use of fur-bearing animal names and symbols prohibited. (a) The advertising or the labeling of a textile fiber product shall not contain any names, words, depictions, descriptive matter, or other symbols which connote or signify a fur-bearing animal, unless such product or the part thereof in connection with which the names, words, depictions, descriptive matter, or other symbols are used is a fur product within the meaning of the Fur Products Labeling Act. (b) Subject to the provisions of paragraph (a) of this section and Sec. 303.6 of this part, a textile fiber product shall not be described or referred to in any manner in an advertisement or label with: (1) The name or part of the name of a fur-bearing animal, whether as a single word or a combination word, or any coined word which is phonetically similar to a fur-bearing animal name, or which is only a slight variation in spelling of a fur-bearing animal name or part of the name. As for example, such terms as ``Ermine,'' ``Mink,'' ``Persian,'' ``Broadtail,'' ``Beaverton,'' ``Marmink,'' ``Sablelon,'' ``Lam,'' ``Pershian,'' ``Minx,'' or similar terms shall not be used. (2) Any word or name symbolic of a fur-bearing animal by reason of conventional usage or by reason of its close relationship with fur- bearing animals. As for example, such terms as ``guardhair,'' ``underfur,'' and ``mutation,'' or similar terms, shall not be used. (c) Nothing contained herein shall prevent: (1) The nondeceptive use of animal names or symbols in referring to

a textile fiber product where the fur of such animal is not commonly or commercially used in fur products, as that term is defined in the Fur Products Labeling Act, as for example ``kitten soft'', ``Bear Brand'', etc. (2) The nondeceptive use of a trademark or trade name containing the name, symbol, or depiction of a fur-bearing animal unless: (i) The textile fiber product in connection with which such trademark or trade name is used simulates a fur or fur product; or (ii) Such trademark or trade name is used in any advertisement of a textile fiber product together with any depiction which has the appearance of a fur or fur product; or (iii) The use of such trademark or trade name is prohibited by the Fur Products Labeling Act. [24 FR 4480, June 2, 1959, as amended at 28 FR 722, Jan. 16, 1963] Sec. 303.10 Fiber content of special types of products. (a) Where a textile product is made wholly of elastic yarn or material, with minor parts of non-elastic material for structural purposes, it shall be identified as to the percentage of the elastomer, together with the percentage of all textile coverings of the elastomer and all other yarns or materials used therein. Where a textile fiber product is made in part of elastic material and in part of other fabric, the fiber content of such fabric shall be set forth sectionally by percentages as in the case of other fabrics. In such cases the elastic material may be disclosed by describing the material as elastic followed by a listing in order of predominance by weight of the fibers used in such elastic, including the elastomer, where such fibers are present by 5 per centum or more with the designation ``other fiber'' or ``other fibers'' appearing last when fibers required to be so designated are present. An example of labeling under this paragraph is: Front and back non-elastic sections: 50 percent Acetate. 50 percent Cotton. Elastic: Rayon, cotton, nylon, rubber. (b) Where drapery or upholstery fabrics are manufactured on hand- operated looms for a particular customer after the sale of such fabric has been consummated, and the amount of the [[Page 227]] order does not exceed 100 yards (91.44 m) of fabric, the required fiber content disclosure may be made by listing the fibers present in order of predominance by weight with any fiber or fibers required to be designated as ``other fiber'' or ``other fibers'' appearing last, as for example: Rayon

Wool Acetate Metallic Other fibers (c)(1) Where a manufactured textile fiber is essentially a physical combination or mixture of two or more chemically distinct constituents or components combined at or prior to the time of extrusion, which components if separately extruded would each fall within different existing definitions of textile fibers as set forth in Sec. 303.7 of this part (Rule 7), the fiber content disclosure as to such fiber, shall for all purposes under the regulations in this part (i) disclose such fact in the required fiber content information by appropriate nondeceptive descriptive terminology, such as ``biconstituent fiber'' or ``multiconstituent fiber,'' (ii) set out the components contained in the fiber by the appropriate generic name specified in Sec. 303.7 of this part (Rule 7) in the order of their predominance by weight, and (iii) set out the respective percentages of such components by weight. (2) If the components of such fibers are of a matrix-fibril configuration, the term matrix-fibril fiber or matrix fiber may be used in setting forth the information required by this paragraph. (3) Examples of proper fiber content designations under this paragraph are: 100% Biconstituent Fiber (65% Nylon, 35% Polyester) 80% Matrix Fiber (60% Nylon, 40% Polyester) 15% Polyester 5% Rayon (4) All of the provisions as to fiber content disclosures contained in the Act and regulations, including the provisions relative to fiber content tolerances and disclosures of fibers present in amounts of less than 5 percentum of the total fiber weight, shall also be applicable to the designations and disclosures prescribed by this paragraph. [25 FR 7044, July 26, 1960, as amended at 30 FR 14253, Nov. 13, 1965; 34 FR 12134 July 19, 1969; 61 FR 11544, Mar. 21, 1996] Sec. 303.11 Floor coverings containing backings, fillings, and paddings. In disclosing the required fiber content information as to floor coverings containing exempted backings, fillings, or paddings, the disclosure shall be made in such manner as to indicate that it relates only to the face, pile, or outer surface of the floor covering and not to the backing, filling, or padding. Examples of the form of marking these types of floor coverings as to fiber content are as follows: 100% Cotton Pile Face--60% Rayon, 40% Cotton Outer Surface--100% Wool

Sec. 303.12 Trimmings of household textile articles. (a) Trimmings incorporated in articles of wearing apparel and other household textile articles may, among other forms of trim, include: (1) Rick-rack, tape, belting, binding, braid, labels (either required or non-required), collars, cuffs, wrist bands, leg bands, waist bands, gussets, gores, welts, and findings, including superimposed garters in hosiery, and elastic materials and threads inserted in or added to the basic product or garment in minor proportion for holding, reinforcing or similar structural purposes; (2) decorative trim, whether applied by embroidery, overlay, applique, or attachment; and (3) decorative patterns or designs which are an integral part of the fabric out of which the household textile article is made: Provided, That such decorative trim or decorative pattern or design, as specified in paragraphs (a) (2) and (3) of this section, does not exceed 15 percent of the surface area of the household textile article. If no representation is made as to the fiber content of the decorative trim or decoration, as provided for in paragraphs (a) (2) and (3) of this section, the fiber content designation of the basic fabric shall be followed by the statement ``exclusive of decoration.'' [[Page 228]] (b) The term findings may also include elastic material which constitutes a part of the basic fabric or material out of which the household textile article is made, where such elastic material does not exceed 20 percent of the surface area of the household textile article: Provided, That the required information as to fiber content of products subject to this paragraph is followed by the statement ``exclusive of elastic.'' Sec. 303.13 Sale of remnants and products made of remnants. (a) In disclosing the required fiber content information as to remnants of fabric which are for practical purposes of unknown or undeterminable fiber content: (1) The fiber content disclosure of such remnants of fabrics may be designated in the required information as ``remnants of undetermined fiber content.'' (2) Where such remnants of fabrics are displayed for sale at retail, a conspicuous sign may, in lieu of individual labeling, be used in immediate conjunction with such display, stating with respect to required fiber content disclosure that the goods are ``remnants of undetermined fiber content.'' (3) Where textile fiber products are made of such remnants, the required fiber content information of the products may be disclosed as ``made of remnants of undetermined fiber content.'' If any representations as to fiber content are made with respect to such remnants, the provisions of this paragraph shall not apply. (b) Where remnants of fabrics are marketed or handled in bales, bundles, or packages and are all of the same fiber content or are designated in the manner permitted by paragraph (a) of this section, the individual remnants need not be labeled if the bales, bundles, or

packages containing such remnants are labeled with the required information including fiber content percentages or the designation permitted by paragraph (a) of this section. (c) Where remnants of fabrics of the same fiber content are displayed for sale at retail, a conspicuous sign may, in lieu of individual labeling, be used in immediate conjunction with such display, stating the fiber content information with respect to such remnants; as for example: ``remnants, 100 percent cotton,'' ``remnants, 50 percent rayon, 50 percent acetate,'' etc. Sec. 303.14 Products containing unknown fibers. (a) Where a textile fiber product is made from miscellaneous scraps, rags, odd lots, secondhand materials, textile by-products, or waste materials of unknown, and for practical purposes, undeterminable fiber content, the required fiber content disclosure may, when truthfully applicable, in lieu of the fiber content disclosure otherwise required by the Act and regulations, indicate that such product is composed of miscellaneous scraps, rags, odd lots, textile by-products, secondhand materials (in case of secondhand materials, words of like import may be used) or waste materials, as the case may be, of unknown or undetermined fiber content, as for example: Made of miscellaneous scraps of undetermined fiber content 100% unknown fibers--rags All undetermined fibers--textile by-products 100% miscellaneous odd lots of undetermined fiber content Secondhand materials--fiber content unknown Made of unknown fibers--waste materials (b) Where a textile fiber product is made in part from miscellaneous scraps, rags, odd lots, textile by-products, second-hand materials or waste materials of unknown and, for practical purposes, undeterminable fiber content together with a percentage of known or determinable fibers, the required fiber content disclosure may, when truthfully applicable, in lieu of the fiber content disclosure otherwise required by the Act and regulations, indicate the percentage of miscellaneous scraps, rags, odd lots, secondhand materials (in case of secondhand materials, words of like import may be used), textile by-products, or waste materials of unknown or undetermined fiber content and the percentage of known fibers, as for example: 45% Rayon 30% Acetate 25% Miscellaneous scraps of undetermined fiber content. [[Page 229]] 60% Cotton 40% Unknown fibers--waste materials.

40% Acrylic 20% Modacrylic 40% Undetermined fibers--odd lots. 50% Polyester 30% Cotton 20% Textile by-products of undetermined fiber content. 50% Rayon 50% Secondhand materials--fiber content unknown. 45% Acetate 30% Cotton 25% Miscellaneous rags--undetermined fiber content. (c) No representation as to fiber content shall be made as to any textile product or any portion of a textile fiber product designated as composed of unknown or undetermined fibers. If any such representation is made, a full and complete fiber content disclosure shall be required. (d) Nothing contained in this section shall excuse a full disclosure as to fiber content if the same is known or practically ascertainable. [25 FR 4317, May 14, 1960] Sec. 303.15 Required label and method of affixing. (a) A label is required to be affixed to each textile product and, where required, to its package or container in a secure manner. Such label shall be conspicuous and shall be of such durability as to remain attached to the product and its package throughout any distribution, sale, resale and until sold and delivered to the ultimate consumer. (b) Each textile fiber product with a neck must have a label disclosing the country of origin affixed to the inside center of the neck midway between the shoulder seams or in close proximity to another label affixed to the inside center of the neck. The fiber content and RN or name of the company may be disclosed on the same label as the country of origin or on another conspicuous and readily accessible label or labels on the inside or outside of the garment. On all other textile products, the required information shall be disclosed on a conspicuous and readily accessible label or labels on the inside or outside of the product. The country of origin disclosure must always appear on the front side of the label. Other required information may appear either on the front side or the reverse side of a label, provided that the information is conspicuous and readily accessible. (c) In the case of hosiery products, this section shall not be construed as requiring the affixing of a label to each hosiery product contained in a package if, (1) such hosiery products are intended for sale to the ultimate consumer in such package, (2) such package has affixed to it a label bearing the required information for the hosiery products contained in the package, and (3) the information on the label affixed to the package is equally applicable to each textile fiber product contained therein.

[50 FR 15106, Apr. 17, 1985, as amended at 63 FR 7518, Feb. 13, 1998] Sec. 303.16 Arrangement and disclosure of information on labels. (a) Subject to the provisions of Sec. 303.15(b), information required by the Act and regulations in this part may appear on any label or labels attached to the textile fiber product, including the care label required by 16 CFR part 423, provided all the pertinent requirements of the Act and regulations in this part are met and so long as the combination of required information and non-required information is not misleading. The required information shall include the following: (1) The generic names and percentages by weight of the constituent fibers present in the textile fiber product, excluding permissive ornamentation, in amounts of 5 percent or more and any fibers disclosed in accordance with Sec. 303.3(a) shall appear in order of predominance by weight with any percentage of fiber or fibers required to be designated as ``other fiber'' or ``other fibers'' appearing last. (2) The name, provided for in Sec. 303.19, or registered identification number issued by the Commission, of the manufacturer or of one or more persons marketing or handling the textile fiber product. (3) The name of the country where such product was processed or manufactured, as provided for in Sec. 303.33. [[Page 230]] (b) All parts of the required information shall be set forth in such a manner as to be clearly legible, conspicuous, and readily accessible to the prospective purchaser. All parts of the fiber content information shall appear in type or lettering of equal size and conspicuousness. (c) Subject to the provisions of Sec. 303.17, any non-required information or representations placed on the product shall not minimize, detract from, or conflict with required information and shall not be false, deceptive, or misleading. (d) Non-deceptive terms which are properly and truthfully descriptive of a fiber may be used in conjunction with the generic name of such fiber; as for example: ``100 percent cross-linked rayon,'' ``100 percent solution dyed acetate,'' ``100 percent combed cotton,'' ``100 percent nylon 66,'' etc. [24 FR 4480, June 2, 1959, as amended at 25 FR 4317, May 14, 1960; 30 FR 14254, Nov. 13, 1965; 30 FR 15313, Dec. 11, 1965; 50 FR 15107, Apr. 17, 1985; 53 FR 31315, Aug. 18, 1988; 63 FR 7518, Feb. 13, 1998] Sec. 303.17 Use of fiber trademarks and generic names on labels. (a) A non-deceptive fiber trademark may be used on a label in conjunction with the generic name of the fiber to which it relates. Where such a trademark is placed on a label in conjunction with the required information, the generic name of the fiber must appear in immediate conjunction therewith, and such trademark and generic name must appear in type or lettering of equal size and conspicuousness. (b) Where a generic name or a fiber trademark is used on any label, whether required or non-required, a full and complete fiber content

disclosure shall be made in accordance with the Act and regulations the first time the generic name or fiber trademark appears on the label. (c) If a fiber trademark is not used in the required information, but is used elsewhere on the label as non-required information, the generic name of the fiber shall accompany the fiber trademark in legible and conspicuous type or lettering the first time the trademark is used. (d) No fiber trademark or generic name shall be used in non-required information on a label in such a manner as to be false, deceptive, or misleading as to fiber content, or to indicate directly or indirectly that a textile fiber product is composed wholly or in part of a particular fiber, when such is not the case. Sec. 303.18 Terms implying fibers not present. Words, coined words, symbols or depictions, (a) which constitute or imply the name or designation of a fiber which is not present in the product, (b) which are phonetically similar to the name or designation of such a fiber, or (c) which are only a slight variation of spelling from the name or designation of such a fiber shall not be used in such a manner as to represent or imply that such fiber is present in the product. [30 FR 13693, Oct. 28, 1965] Sec. 303.19 Name or other identification required to appear on labels. (a) The name required by the Act to be used on labels shall be the name under which the person is doing business. Where a person has a word trademark, used as a house mark, registered in the United States Patent Office, such word trademark may be used on labels in lieu of the name otherwise required: Provided, The owner of such word trademark furnishes the Commission a copy of the registration prior to its use. No trademark, trade names, or other names except those provided for above shall be used for required identification purposes. (b) Registered identification numbers, as provided for in Sec. 303.20 of this part, may be used for identification purposes in lieu of the required name. Sec. 303.20 Registered identification numbers. (a) Registered numbers for use as the required identification in lieu of the name on textile fiber product labels, as provided in section 4(b)(3) of the Act, will be issued by the Commission to qualified persons residing in the United States upon receipt of an application duly executed in the form set out in paragraph (d) of this section. [[Page 231]] (b)(1) Registered identification numbers shall be used only by the person or concern to whom they are issued, and such numbers are not transferable or assignable. (2) Registered identification numbers shall be subject to cancellation whenever any such number was procured or has been used

improperly or contrary to the requirements of the Acts administered by the Federal Trade Commission, and regulations promulgated thereunder, or when otherwise deemed necessary in the public interest. (3) Registered identification numbers shall be subject to cancellation if the Commission fails to receive prompt notification of any change in name, business address, or legal business status of a person or firm to whom a registered identification number has been assigned, by application duly executed in the form set out in paragraph (d) of this section, reflecting the current name, business address, and legal business status of the person or firm. (c) Registered identification numbers assigned under this section may be used on labels required in labeling products subject to the provisions of the Wool Products Labeling Act and Fur Products Labeling Act, and numbers previously assigned by the Commission under such Acts may be used as and for the required name in labeling under this Act. When so used by the person or firm to whom assigned, the use of the numbers shall be construed as identifying and binding the applicant as fully and in all respects as though assigned under the specific Act for which it is used. (d) Form to apply for a registered identification number or to update information pertaining to an existing number (the form is available upon request from: Enforcement Division, Federal Trade Commission, 600 Pennsylvania Avenue, NW., Washington, DC 20580, or on the Internet at http://www.ftc.gov; application may also be made directly on the Internet): [[Page 232]] [GRAPHIC] [TIFF OMITTED] TR01DE00.024 [24 FR 4480, June 2, 1959, as amended at 48 FR 12516, Mar. 25, 1983; 63 FR 7518, Feb. 13, 1998; 63 FR 71583, Dec. 28, 1998; 65 FR 75156, Dec. 1, 2000] [[Page 233]] Sec. 303.21 Marking of samples, swatches, or specimens and products sold therefrom. (a) Where samples, swatches, or specimens of textile fiber products subject to the Act are used to promote or effect sales of such textile fiber products, the samples, swatches, or specimens, as well as the products themselves, shall be labeled to show their respective fiber contents and other required information: Provided, That such samples, swatches or specimens need not be labeled: (1) If the samples, swatches, or specimens are less than two square inches (12.9 cm\2\) in area and the information otherwise required to appear on the label is clearly, conspicuously, and non-deceptively disclosed on accompanying promotional matter in accordance with the Act and regulations. (2) If the samples, swatches, or specimens are keyed to a catalogue to which reference is necessary in order to complete the sale of the

textile fiber products, and which catalogue at the necessary point of reference clearly, conspicuously, and non-deceptively discloses the information otherwise required to appear on the label in accordance with the Act and regulations; or (3) If such samples, swatches, or specimens are not used to effect sales to ultimate consumers and are not in the form intended for sale or delivery to, or for use by, the ultimate consumer, and are accompanied by an invoice or other paper showing the required information. (b) Where properly labeled samples, swatches, or specimens are used to effect the sale of articles of wearing apparel or other household textile articles which are manufactured specifically for a particular customer after the sale is consummated, the articles of wearing apparel or other household textile articles need not be labeled if they are of the same fiber content as the samples, swatches, or specimens from which the sale was effected and an invoice or other paper accompanies them showing the information otherwise required to appear on the label. [24 FR 4480, June 2, 1959, as amended at 61 FR 11544, Mar. 21, 1996] Sec. 303.22 Products containing linings, interlinings, fillings, and paddings. In disclosing the required information as to textile fiber products, the fiber content of any linings, interlinings, fillings, or paddings shall be set forth separately and distinctly if such linings, interlinings, fillings, or paddings are incorporated in the product for warmth rather than for structural purposes, or if any express or implied representations are made as to their fiber content. Examples are as follows: 100% Nylon Interlining: 100% Rayon Covering: 100% Rayon Filling: 100% Cotton. Sec. 303.23 Textile fiber products containing superimposed or added fibers. Where a textile fiber product is made wholly of one fiber or a blend of fibers with the exception of an additional fiber in minor proportion superimposed or added in certain separate and distinct areas or sections for reinforcing or other useful purposes, the product may be designated according to the fiber content of the principal fiber or blend of fibers, with an exception naming the superimposed or added fiber, giving the percentage thereof in relation to the total fiber weight of the principal fiber or blend of fibers, and indicating the area or section which contains the superimposed or added fiber. Examples of this type of fiber content disclosure, as applied to products having reinforcing fibers added to a particular area or section, are as follows: 55% Cotton 45% Rayon Except 5% Nylon added to toe and heel.

All Cotton except 1% Nylon added to neckband. Sec. 303.24 Pile fabrics and products composed thereof. The fiber content of pile fabrics or products composed thereof may be stated on the label in such segregated form as will show the fiber content of the face or pile and of the back or base, with percentages of the respective fibers as they exist in the face or pile and in the back or base: Provided, That [[Page 234]] in such disclosure the respective percentages of the face and back be given in such manner as will show the ratio between the face and the back. Examples of the form of marking pile fabric as to fiber content provided for in this section are as follows: 100% Nylon Pile 100% Cotton Back (Back constitutes 60% of fabric and pile 40%). Face--60% Rayon, 40% Nylon Back--70% Cotton, 30% Rayon (Face constitutes 60% of fabric and back 40%). Sec. 303.25 Sectional disclosure of content. (a) Permissive. Where a textile fiber product is composed of two or more sections which are of different fiber composition, the required information as to fiber content may be separated in the same label in such manner as to show the fiber composition of each section. (b) Mandatory. The disclosure as above provided shall be made in all instances where such form of marking is necessary to avoid deception. Sec. 303.26 Ornamentation. (a)(1) Where the textile fiber product contains fiber ornamentation not exceeding five per centum of the total fiber weight of the product and the stated percentages of the fiber content are exclusive of such ornamentation, the label or any invoice used in lieu thereof shall contain a phrase or statement showing such fact; as for example: 60% Cotton 40% Rayon Exclusive of Ornamentation; or All Cotton Exclusive of Ornamentation. (2) The fiber content of such ornamentation may be disclosed where the percentage of the ornamentation in relation to the total fiber weight of the principal fiber or blend of fibers is shown; as for

example: 70% Nylon 30% Acetate Exclusive of 4% Metallic Ornamentation; or 100% Rayon Exclusive of 3% Silk Ornamentation. (b) Where the fiber ornamentation exceeds five per centum, it shall be included in the statement of required percentages of fiber content. (c) Where the ornamentation constitutes a distinct section of the product, sectional disclosure may be made in accordance with Sec. 303.25 of this part. Sec. 303.27 Use of the term ``All'' or ``100%.'' Where a textile fiber product or part thereof is comprised wholly of one fiber, other than any fiber ornamentation, decoration, elastic, or trimming as to which fiber content disclosure is not required, either the word All or the term 100% may be used in labeling, together with the correct generic name of the fiber and any qualifying phrase, when required; as for example: ``100% Cotton,'' ``All Rayon, Exclusive of Ornamentation,'' ``100% Acetate, Exclusive of Decoration,'' ``All Nylon, Exclusive of Elastic,'' etc. Sec. 303.28 Products contained in packages. When textile products are marketed and delivered in a package which is intended to remain unbroken and intact until after delivery to the utlimate consumer, each textile product in the package, except hosiery, and the package shall be labeled with the required information. If the package is transparent to the extent it allows for a clear reading of the required information on the textile product, the package is not required to be labeled. [50 FR 15107, Apr. 17, 1985] Sec. 303.29 Labeling of pairs or products containing two or more units. (a) Where a textile fiber product consists of two or more parts, units, or items of different fiber content, a separate label containing the required information shall be affixed to each of such parts, units or items showing the required information as to such part, unit, or item: Provided, That where such parts, units, or items are marketed or handled as a single product or ensemble and are sold and delivered to the ultimate consumer as a single [[Page 235]]

product or ensemble, the required information may be set out on a single label in such a manner as to separately show the fiber composition of each part, unit, or item. (b) Where garments, wearing apparel, or other textile fiber products are marketed or handled in pairs or ensembles of the same fiber content, only one unit of the pair or ensemble need be labeled with the required information when sold and delivered to the ultimate consumer. [24 FR 4480, June 2, 1959, as amended at 25 FR 4318, May 14, 1960] Sec. 303.30 Textile fiber products in form for consumer. A textile fiber product shall be considered to be in the form intended for sale or delivery to, or for use by, the ultimate consumer when the manufacturing or processing of the textile fiber product is substantially complete. The fact that minor or insignificant details of the manufacturing or processing have not been completed shall not excuse the labeling of such products as to the required information. For example, a garment must be labeled even though such matters as the finishing of a hem or cuff or the affixing of buttons thereto remain to be completed. Sec. 303.31 Invoice in lieu of label. Where a textile fiber product is not in the form intended for sale, delivery to, or for use by the ultimate consumer, an invoice or other paper may be used in lieu of a label, and such invoice or other paper shall show, in addition to the name and address of the person issuing the invoice or other paper, the fiber content of such product as provided in the Act and regulations as well as any other required information. Sec. 303.32 Products containing reused stuffing. Any upholstered product, mattress, or cushion which contains stuffing which has been previously used as stuffing in any other upholstered product, mattress, or cushion shall have securely attached thereto a substantial tag or label, at least 2 inches (5.08 cm) by 3 inches (7.62 cm) in size, and statements thereon conspicuously stamped or printed in the English language and in plain type not less than \1/3\ inch (8.38 mm) high, indicating that the stuffing therein is composed in whole or in part of ``reused stuffing,'' ``secondhand stuffing,'' ``previously used stuffing,'' or ``used stuffing.'' [61 FR 11544, Mar. 21, 1996] Sec. 303.33 Country where textile fiber products are processed or manufactured. (a) In addition to the other information required by the Act and Regulations: (1) Each imported textile fiber product shall be labeled with the name of the country where such imported product was processed or

manufactured; (2) Each textile fiber product completely made in the United States of materials that were made in the United States shall be labeled using the term Made in U.S.A. or some other clear and equivalent term. (3) Each textile fiber product made in the United States, either in whole or in part of imported materials, shall contain a label disclosing these facts; for example: Made in USA of imported fabric or Knitted in USA of imported yarn and (4) Each textile fiber product partially manufactured in a foreign country and partially manufactured in the United States shall contain on a label the following information: (i) The manufacturing process in the foreign country and in the USA; for example: ``Imported cloth, finished in USA'' or ``Sewn in USA of imported components'' or ``Made in [foreign country], finished in USA'' or ``Scarf made in USA of fabric made in China'' or ``Comforter Filled, Sewn and Finished in the U.S. With Shell Made in China'' or ``Made in [Foreign Country]/fabric made in USA'' or [[Page 236]] ``Knit in USA, assembled in [Foreign Country]''. (ii) When the U.S. Customs Service requires an origin label on the unfinished product, the manufacturing processes as required in paragraph (a)(4)(i) of this section or the name of the foreign country required by Customs, for example:

``Made in (foreign country)'' (b) For the purpose of determining whether a product should be marked under paragraphs (a) (2), (3), or (4) of this section, a manufacturer needs to consider the origin of only those materials that are covered under the Act and that are one step removed from that manufacturing process. For example, a yarn manufacturer must identify fiber if it is imported, a cloth manufacturer must identify imported yarn and a household product manufacturer must identify imported cloth or imported yarn for household products made directly from yarn, or imported fiber used as filling for warmth. (c) The term country means the political entity known as a nation. Except for the United States, colonies, possessions or protectorates outside the boundaries of the mother country shall be considered separate countries, and the name thereof shall be deemed acceptable in designating the country where the textile fiber product was processed or manufactured unless the Commission shall otherwise direct. (d) The country where the imported textile fiber product was principally made shall be considered to be the country where such textile fiber product was processed or manufactured. Further work or material added to the textile fiber product in another country must effect a basic change in form in order to render such other country the place where such textile fiber product was processed or manufactured. (e) The English name of the country where the imported textile fiber product was processed or manufactured shall be used. The adjectival form of the name of the country will be accepted as the name of the country where the textile fiber product was processed or manufactured, provided the adjectival form of the name does not appear with such other words so as to refer to a kind or species of product. Variant spellings which clearly indicate the English name of the country, such as Brasil for Brazil and Italie for Italy, are acceptable. Abbreviations which unmistakably indicate the name of a country, such as ``Gt. Britain'' for ``Great Britain,'' are acceptable. (f) Nothing in this rule shall be construed as limiting in any way the information required to be disclosed on labels under the provisions of any Tariff Act of the United States or regulations prescribed by the Secretary of the Treasury. [24 FR 4480, June 2, 1959, as amended at 50 FR 15107, Apr. 17, 1985; 63 FR 7521, Feb. 13, 1998; 65 FR 75158, Dec. 1, 2000] Sec. 303.34 Country of origin in mail order advertising. When a textile fiber product is advertised in any mail order catalog or mail order promotional material, the description of such product shall contain a clear and conspicuous statement that the product was either made in U.S.A., imported, or both. Other words or phrases with the same meaning may be used. The statement of origin required by this section shall not be inconsistent with the origin labeling of the product being advertised. [50 FR 15107, Apr. 17, 1985]

Sec. 303.35 Use of terms ``virgin'' or ``new.'' The terms virgin or new as descriptive of a textile fiber product, or any fiber or part thereof, shall not be used when the product or part so described is not composed wholly of new or virgin fiber which has never been reclaimed from any spun, woven, knitted, felted, bonded, or similarly manufactured product. Sec. 303.36 Form of separate guaranty. (a) The following are suggested forms of separate guaranties under section 10 of the Act which may be used by a guarantor residing in the United States on or as part of an invoice or other paper relating to the marketing or handling of any textile fiber products listed and designated therein, and showing the date of such invoice or other paper and the signature and address of the guarantor. [[Page 237]] (1) General form. We guarantee that the textile fiber products specified herein are not misbranded nor falsely nor deceptively advertised or invoiced under the provisions of the Textile Fiber Products Identification Act and rules and regulations thereunder. (2) Guaranty based on guaranty. Based upon a guaranty received, we guarantee that the textile fiber products specified herein are not misbranded nor falsely nor deceptively advertised or invoiced under the provisions of the Textile Fiber Products Identification Act and rules and regulations thereunder. Note: The printed name and address on the invoice or other paper will suffice to meet the signature and address requirements. (b) The mere disclosure of required information including the fiber content of a textile fiber product on a label or on an invoice or other paper relating to its marketing or handling shall not be considered a form of separate guaranty. Sec. 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 [48 FR 12518, Mar. 25, 1983] Sec. 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. (2) Continuing guaranties filed with the Commission shall continue in effect until revoked. The guarantor shall promptly report any change in business status to the Commission. (b) Prescribed form for a continuing guaranty: [[Page 238]] [GRAPHIC] [TIFF OMITTED] TR29DE98.001 (c) Any person who has a continuing guaranty on file with the Commission may, during the effective dates of the guaranty, give notice of such fact by setting forth on the invoice or other paper covering the marketing or handling of the product guaranteed the following: [[Page 239]] Continuing guaranty under the Textile Fiber Products Identification Act filed with the Federal Trade Commission. (d) Any person who falsely represents in writing that he has a continuing guaranty on file with the Federal Trade Commission when such is not a fact shall be deemed to have furnished a false guaranty under section 10(b) of the Act. [24 FR 4486, June 2, 1959, as amended at 48 FR 12517, Mar. 25, 1983; 63 FR 7521, Feb. 18, 1998; 63 FR 71585, Dec. 28, 1998] Sec. 303.39 Maintenance of records. (a) Pursuant to the provisions of section 6 of the Act, every manufacturer of a textile fiber product subject to the Act, irrespective of whether any guaranty has been given or received, shall maintain records showing the information required by the Act and Regulations with

respect to all such textile fiber products made by such manufacturer. Such records shall show: (1) The generic names and percentages by weight of the constituent fibers present in the textile fiber product, exclusive of permissive ornamentation, in amounts of five per centum or more. (2) The name, provided for in Sec. 303.19, or registered identification number issued by the Commission, of the manufacturer or of one or more persons marketing or handling the textile fiber product. (3) The name of the country where such product was processed or manufactured as provided for in Sec. 303.33. The purpose of the records is to permit a determination that the requirements of the Act and Regulations have been met and to establish a traceable line of continuity from raw material through processing to finished product. (b) Any person substituting a stamp, tag, label, or other identification pursuant to section 5(b) of the Act shall keep such records as will show the information set forth on the stamp, tag, label, or other identification that he removed and the name or names of the person or persons from whom such textile fiber product was received. (c) The records required to be maintained pursuant to the provisions of this rule shall be preserved for at least three years. [24 FR 4480, June 2, 1959, as amended at 53 FR 31315, Aug. 18, 1988] Sec. 303.40 Use of terms in written advertisements that imply presence of a fiber. The use of terms in written advertisements, including advertisements disseminated through the Internet and similar electronic media, that are descriptive of a method of manufacture, construction, or weave, and that by custom and usage are also indicative of a textile fiber or fibers, or the use of terms in such advertisements that constitute or connote the name or presence of a fiber or fibers, shall be deemed to be an implication of fiber content under section 4(c) of the Act, except that the provisions of this section shall not be applicable to non-deceptive shelf or display signs in retail stores indicating the location of textile fiber products and not intended as advertisements. [63 FR 7523, Feb. 13, 1998] Sec. 303.41 Use of fiber trademarks and generic names in advertising. (a) In advertising textile fiber products, the use of a fiber trademark shall require a full disclosure of the fiber content information required by the Act and regulations in at least one instance in the advertisement. (b) Where a fiber trademark is used in advertising textile fiber products containing more than one fiber, other than permissible ornamentation, such fiber trademark and the generic name of the fiber must appear in the required fiber content information in immediate proximity and conjunction with each other in plainly legible type or lettering of equal size and conspicuousness.

(c) Where a fiber trademark is used in advertising textile fiber products containing only one fiber, other than permissive ornamentation, such fiber trademark and the generic name of the fiber must appear in immediate proximity and conjunction with each other in plainly legible and conspicuous type or lettering at least once in the advertisement. [[Page 240]] (d) Where a fiber trademark or generic name is used in non-required information in advertising, such fiber trademark or generic name, shall not be used in such a manner as to be false, deceptive, or misleading as to fiber content, or to indicate, directly or indirectly, that a textile fiber product is composed wholly or in part of a particular fiber, when such is not the case. Sec. 303.42 Arrangement of information in advertising textile fiber products. (a) Where a textile fiber product is advertised in such manner as to require disclosure of the information required by the Act and regulations, all parts of the required information shall be stated in immediate conjunction with each other in legible and conspicuous type or lettering of equal size and prominence. In making the required disclosure of the fiber content of the product, the generic names of fibers present in an amount 5 percent or more of the total fiber weight of the product, together with any fibers disclosed in accordance with Sec. 303.3(a), shall appear in order of predominance by weight, to be followed by the designation ``other fiber'' or ``other fibers'' if a fiber or fibers required to be so designated are present. (b) Non-required information or representations shall in no way be false, deceptive, or misleading as to fiber content and shall not include any names, terms, or representations prohibited by the Act and regulations. Such non-required information or representations shall not be set forth or so used as to interfere with, minimize, or detract from the required information. (c) Non-deceptive terms which are properly and truthfully descriptive of a fiber may be used in conjunction with the generic name of such fiber; as for example: ``cross-linked rayon,'' ``solution dyed acetate,'' ``combed cotton,'' ``nylon 66,'' etc. [24 FR 4480, June 2, 1959, as amended at 30 FR 14254, Nov. 13, 1965; 30 FR 15313, Dec. 11, 1965; 63 FR 7523, Feb. 13, 1998] Sec. 303.43 Fiber content tolerances. (a) A textile fiber product which contains more than one fiber shall not be deemed to be misbranded as to fiber content percentages if the percentages by weight of any fibers present in the total fiber content of the product, exclusive of permissive ornamentation, do not deviate or vary from the percentages stated on the label in excess of 3 percent of the total fiber weight of the product. For example, where the label indicates that a particular fiber is present in the amount of 40 percent, the amount of such fiber present may vary from a minimum of 37

percent of the total fiber weight of such product to a maximum of 43 percent of the total fiber weight of such product. (b) Where the percentage of any fiber or fibers contained in a textile fiber product deviates or varies from the percentage stated on the label by more than the tolerance or variation provided in paragraph (a) of this section, such product shall be misbranded unless the person charged proves that the entire deviation or variation from the fiber content percentages stated on the label resulted from unavoidable variations in manufacture and despite the exercise of due care. (c) Where representations are made to the effect that a textile fiber product is composed wholly of one fiber, the tolerance provided in section 4(b)(2) of the Act and paragraph (a) of this section shall not apply, except as to permissive ornamentation where the textile fiber product is represented to be composed of one fiber ``exclusive of ornamentation.'' Sec. 303.44 Products not intended for uses subject to the act. Textile fiber products intended for uses not within the scope of the Act and regulations or intended for uses in other textile fiber products which are exempted or excluded from the Act shall not be subject to the labeling and invoicing requirements of the Act and regulations: Provided, An invoice or other paper covering the marketing or handling of such products is given, which indicates that the products are not intended for uses subject to the Textile Fiber Products Identification Act. [[Page 241]] Sec. 303.45 Exclusions from the act. (a) Pursuant to section 12(b) of the Act, the Commission hereby excludes from the operation of the Act: (1) All textile fiber products except: (i) Articles of wearing apparel: (ii) Handkerchiefs; (iii) Scarfs; (iv) Beddings; (v) Curtains and casements; (vi) Draperies; (vii) Tablecloths, napkins, and doilies; (viii) Floor coverings; (ix) Towels; (x) Wash cloths and dish cloths; (xi) Ironing board covers and pads; (xii) Umbrellas and parasols; (xiii) Batts; (xiv) Products subject to section 4(h) of the Act; (xv) Flags with heading or more than 216 square inches (13.9 dm\2\) in size; (xvi) Cushions; (xvii) All fibers, yarns and fabrics (including narrow fabrics except packaging ribbons);

(xviii) Furniture slip covers and other covers or coverlets for furniture; (xix) Afghans and throws; (xx) Sleeping bags; (xxi) Antimacassars and tidies; (xxii) Hammocks; (xxiii) Dresser and other furniture scarfs. (2) Belts, suspenders, arm bands, permanently knotted neckties, garters, sanitary belts, diaper liners, labels (either required or non- required) individually and in rolls, looper clips intended for handicraft purposes, book cloth, artists' canvases, tapestry cloth, and shoe laces. (3) All textile fiber products manufactured by the operators of company stores and offered for sale and sold exclusively to their own employees as ultimate consumers. (4) Coated fabrics and those portions of textile fiber products made of coated fabrics. (5) Secondhand household textile articles which are discernibly secondhand or which are marked to indicate their secondhand character. (6) Non-woven products of a disposable nature intended for one-time use only. (7) All curtains, casements, draperies, and table place mats, or any portions thereof otherwise subject to the Act, made principally of slats, rods, or strips, composed of wood, metal, plastic, or leather. (8) All textile fiber products in a form ready for the ultimate consumer procured by the military services of the United States which are bought according to specifications, but shall not include those textile fiber products sold and distributed through post exchanges, sales commissaries, or ship stores; provided, however, that if the military services sell textile fiber products for nongovernmental purposes the information with respect to the fiber content of such products shall be furnished to the purchaser thereof who shall label such products in conformity with the Act and regulations before such products are distributed for civilian use. (9) All hand woven rugs made by Navajo Indians which have attached thereto the ``Certificate of Genuineness'' supplied by the Indian Arts and Crafts Board of the United States Department of Interior. The term Navajo Indian means any Indian who is listed on the register of the Navajo Indian Tribe or is eligible for listing thereon. (b) The exclusions provided for in paragraph (a) of this section shall not be applicable (1) if any representations as to the fiber content of such products are made on any label or in any advertisement without making a full and complete fiber content disclosure on such label or in such advertisement in accordance with the Act and regulations with the exception of those products excluded by paragraph (a)(6) of this section, or (2) if any false, deceptive, or misleading representations are made as to the fiber content of such products. (c) The exclusions from the Act provided in paragraph (a) of this section are in addition to the exemptions from the Act provided in section 12(a) of the Act and shall not affect or limit such exemptions. (Sec. 12, 72 Stat. 1723; 15 U.S.C. 70j)

[24 FR 4480, June 2, 1959, as amended at 25 FR 4318, May 14, 1960; 25 FR 7044, July 26, 1960; 29 FR 48, Jan. 3, 1964; 61 FR 11544, Mar. 21, 1996] [[Page 242]]

[Code of Federal Regulations] [Title 16, Volume 2] [Revised as of January 1, 2005] From the U.S. Government Printing Office via GPO Access [CITE: 16CFR1610.32] [Page 611-612] TITLE 16--COMMERCIAL PRACTICES CHAPTER II--CONSUMER PRODUCT SAFETY COMMISSION PART 1610_STANDARD FOR THE FLAMMABILITY OF CLOTHING TEXTILES--Table of Contents Subpart B_Rules and Regulations Sec. 1610.32 General requirements. (a) No article of wearing apparel or fabric subject to the act and regulations shall be marketed or handled if such article or fabric, when tested according to the procedures prescribed in section 4(a) of the act, is so highly flammable as to be dangerous when worn by individuals. (b) The provisions of Sec. 1610.4(g)(7) of the Standard for the Flammability of Clothing Textiles, relating to results of testing, shall be applied to tests of fabrics and articles of wearing apparel subject to the Standard. To compute the average time of flame spread for each set of five specimens, at least two of the specimens must ignite and burn the stop cord for the specimen. However, if fewer than two specimens of any given set of five ignite and burn the entire length of the specimen, test results shall be interpreted according to the provisions of paragraphs (b)(1) through (b)(4) of this section. (1) If no specimen ignites and burns the stop cord, the results of that test shall be regarded as Class 1 (passing). (2) If only one of five specimens of a plain surface fabric ignites and burns the stop cord with a time of 3.5 seconds or more, the results of that test shall be regarded as Class 1 (passing). (3) If only one of five specimens of a raised-fiber surface fabric ignites and burns in less than 4 seconds, but the base does not ignite or fuse, the results of that test shall be regarded as Class 1 (passing). If only one of five specimens of a raised-fiber surface fabric ignites or burns in more than 4 seconds, regardless of whether the base fabric ignites or fuses, the results of that test shall be regarded as Class 1 (passing). (4) If only one specimen ignites and burns the stop cord in less than 3.5 seconds for plain-surface fabrics or less than 4.0 seconds for raised-fiber surface fabrics where the base fabric ignites or fuses, test another set of five specimens. See Sec. 1610.4(g)(7). Compute the average time of flame spread for all 10 specimens. If two or more of the specimens ignite and burn the stop cord, average the results from all specimens which ignited and burned the stop cord. See Sec. Sec.

1610.3(a)(3) and 1610.4(g)(7). If only one of the ten specimens ignites [[Page 612]] and burns the stop cord, the test is inconclusive. The Commission will take no enforcement action on the basis of that test. The Commission may conduct additional testing of the fabric or article of wearing apparel, but the results of any inconclusive test shall not be averaged with results obtained from any other test. [50 FR 7761, Feb. 26, 1985; 50 FR 11848, Mar. 26, 1985]

[Code of Federal Regulations] [Title 19, Volume 1] [Revised as of April 1, 2005] From the U.S. Government Printing Office via GPO Access [CITE: 19CFR11.12] [Page 254-255] TITLE 19--CUSTOMS DUTIES CHAPTER I--BUREAU OF CUSTOMS AND BORDER PROTECTION, DEPARTMENT OF HOMELAND SECURITY; DEPARTMENT OF THE TREASURY PART 11_PACKING AND STAMPING; MARKING--Table of Contents Sec. 11.12 Labeling of wool products to indicate fiber content. (a) Wool products imported into the United States, except those made more than 20 years prior to importation, and except carpets, rugs, mats, and upholsteries, shall have affixed thereto a stamp, tag, label, or other means of identification, as required by the Wool Products Labeling Act of 1939 (54 Stat. 1129; 15 U.S.C. 68 et seq.) and the rules and regulations promulgated thereunder by the Federal Trade Commission (16 CFR part 300). The term ``wool product'' means any product, or any portion of a product, which contains, purports to contain, or in any way is represented as containing wool, reprocessed wool, or reused wool. (b) If imported wool products are not correctly labeled and the port director is satisfied that the error or omission involved no fraud or willful neglect, the importer shall be afforded a reasonable opportunity to label the merchandise under Customs supervision to conform with the requirements of such act and the rules and regulations of the Federal Trade Commission. The compensation and expenses of Customs officers and employees assigned to supervise the labeling shall be reimbursed to the Government and shall be assessed in the same manner as in the case of marking of country of origin, Sec. 134.55 of this chapter. (c) Packages of wool products subject to the provisions of this section which are not designated for examination may be released pending examination of the designated packages, but only if there shall have been filed in connection with the entry bonds on Customs Form 301, containing the bond conditions set forth in Sec. 113.62 and/or Sec. 113.68 of this chapter, as appropriate, in such amount as the port director may require. (d) The port director shall give written notice to the importer of any lack of compliance with the Wool Products Labeling Act of 1939 in respect of an importation of wool products, and pursuant to Sec. 141.113 of this chapter shall demand the immediate return of the involved products to Customs custody, unless the lack of compliance is forthwith corrected. (e) If the products covered by a notice and demand given pursuant to paragraph (d) of this section are not promptly returned to Customs custody and the port director is not fully satisfied that they have been

brought into compliance with the Wool Products Labeling Act of 1939, appropriate action shall be taken to effect the collection of liquidated damages in an amount equal to the entered value of the merchandise not redelivered, plus the estimated duty thereon as determined at the time of entry, unless the owner or consignee shall file with the appropriate Customs officer an application [[Page 255]] for cancellation of the liability incurred under the bond upon the payment as liquidated damages of a lesser amount than the full amount of the liquidated damages incurred, or upon the basis of such other terms and conditions as the Secretary of the Treasury may deem sufficient. The application shall contain a full statement of the reasons for the requested cancellation and shall be in duplicate. (f) If any fraudulent violation of the act with respect to imported articles comes to the attention of the port director, the involved merchandise shall be placed under seizure, or a demand shall be made for the redelivery of the merchandise if it has been released from Customs custody, and the case shall be reported to the Federal Trade Commission, Washington, D.C. (Sec. 8, 54 Stat. 1132; 15 U.S.C. 68f; R.S. 251, as amended, secs. 623, as amended, 624, 46 Stat. 759, as amended (19 U.S.C. 66, 1623, 1624)) [28 FR 14701, Dec. 31, 1963, as amended by T.D. 72-262, 37 FR 20318, Sept. 29, 1972; T.D. 73-175, 38 FR 17446, July 2, 1973; T.D. 84-213, 49 FR 41167, Oct. 19, 1984]

[Code of Federal Regulations] [Title 19, Volume 1] [Revised as of April 1, 2005] From the U.S. Government Printing Office via GPO Access [CITE: 19CFR11.12b] [Page 256] TITLE 19--CUSTOMS DUTIES CHAPTER I--BUREAU OF CUSTOMS AND BORDER PROTECTION, DEPARTMENT OF HOMELAND SECURITY; DEPARTMENT OF THE TREASURY PART 11_PACKING AND STAMPING; MARKING--Table of Contents Sec. 11.12b Labeling textile fiber products. (a) Textile fiber products imported into the United States shall be labeled or marked in accordance with the Textile Fiber Products Identification Act (15 U.S.C. 70 through 70k) and the rules and regulations promulgated thereunder by the Federal Trade Commission (16 CFR part 303) unless exempt from marking or labeling under section 12 of the Act (15 U.S.C. 70i). An invoice or other paper, containing the specified information may be used in lieu of a label where the textile product is not in the form intended for sale, delivery to, or for use by the ultimate consumer. Rule 31 of the Federal Trade Commission (16 CFR 303.31). (b) If imported fiber products are not correctly labeled and the port director is satisfied that the error or omission involved no fraud or willful neglect, the importer shall be afforded a reasonable opportunity to label the merchandise under customs supervision to conform with the requirements of such Act and the rules and regulations of the Federal Trade Commission. The compensation and expenses of Customs officers and employees assigned to supervise the labeling shall be reimbursed to the Government and shall be assessed in the same manner as in the case of marking of country of origin, Sec. 134.55 of this chapter. (c) Packages of fiber products subject to the provisions of this section which are not designated for examination may be released pending examination of the designated packages, but only if there shall have been filed in connection with the entry bonds on Customs Form 301, containing the bond conditions set forth in Sec. 113.62 and/or Sec. 113.68 of this chapter, as appropriate, in such amount as the port director may require. (d) The port director shall give written notice to the importer of any lack of compliance with the Fiber Products Identification Act in respect of an importation of fiber products, and pursuant to Sec. 141.113 of this chapter shall demand the immediate return of the involved products to customs custody, unless the lack of compliance is forthwith corrected. (e) If the products covered by a notice and demand given pursuant to

the preceding paragraph are not promptly returned to Customs custody and the port director is not fully satisfied that they have been brought into compliance with the Fiber Products Identification Act, appropriate action shall be taken to effect the collection of liquidated damages in an amount equal to the entered value of the merchandise not redelivered, plus the estimated duty thereon as determined at the time of entry, unless the owner or consignee shall file with the appropriate Customs officer an application for cancellation of the liability incurred under the bond upon the payment as liquidated damages of a lesser amount than the full amount of the liquidated damages incurred, or upon the basis of such other terms and conditions as the Secretary of the Treasury may deem sufficient. The application shall contain a full statement of the reasons for the requested cancellation and shall be in duplicate. (f) If any willful or flagrant violation of the Act with respect to the importation of articles comes to the attention of a port director, the involved merchandise shall be placed under seizure, or a demand shall be made for the redelivery of the merchandise if it has been released from Customs custody, and the case shall be reported to the Federal Trade Commission, Washington DC 20580. (Sec. 501, 65 Stat. 290, secs. 2-12, 14, 72 Stat. 1717; 15 U.S.C. 70- 70k, 31 U.S.C. 483a; R.S. 251, as amended, secs. 623, as amended, 624, 46 Stat. 759, as amended (19 U.S.C. 66, 1623, 1624)) [28 FR 14701, Dec. 31, 1963, as amended by T.D. 72-262, 37 FR 20318, Sept. 29, 1972; T.D. 73-175, 38 FR 17446, July 2, 1973; T.D. 84-213, 49 FR 41167, Oct. 19, 1984] [[Page 257]]

[Code of Federal Regulations] [Title 19, Volume 1] [Revised as of April 1, 2005] From the U.S. Government Printing Office via GPO Access [CITE: 19CFR12.130] [Page 309-313] TITLE 19--CUSTOMS DUTIES CHAPTER I--BUREAU OF CUSTOMS AND BORDER PROTECTION, DEPARTMENT OF HOMELAND SECURITY; DEPARTMENT OF THE TREASURY PART 12_SPECIAL CLASSES OF MERCHANDISE--Table of Contents Sec. 12.130 Textiles and textile products country of origin. (a) General. Textile or textile products subject to section 204, Agricultural Act of 1956, as amended (7 U.S.C. 1854), include merchandise which is subject to the provisions of the International Arrangement Regarding Trade in Textiles (The Multi-Fiber Arrangement). (1) Is in chief value of cotton, wool, or man-made fibers, or any textile fibers subject to the terms of any textile trade agreement, or any combination thereof; or (2) Contains 50 percent or more by weight of cotton or man-made fibers, or any textile fibers subject to the terms of any textile trade agreement; or (3) Contains 17 percent or more by weight of wool; or (4) If in chief value of textile fibers or textile materials, contains a blend of cotton, wool, or man-made fibers, or any textile fibers subject to the terms of any textile trade agreement, or any combination thereof, which fibers, in the aggregate amount to 50 percent or more by weight of all component fibers. (b) Country of origin. For the purpose of this section and except as provided in paragraph (c), a textile or textile product, subject to section 204, Agricultural Act of 1956, as amended, imported [[Page 310]] into the customs territory of the United States, shall be a product of a particular foreign territory or country, or insular possession of the U.S., if it is wholly the growth, product, or manufacture of that foreign territory or country, or insular possession. However, except as provided in paragraph (c), a textile or textile product, subject to section 204, which consists of materials produced or derived from, or processed in, more than one foreign territory or country, or insular possession of the U.S., shall be a product of that foreign territory or country, or insular possession where it last underwent a substantial transformation. A textile or textile product will be considered to have undergone a substantial transformation if it has been transformed by means of substantial manufacturing or processing operations into a new and different article of commerce. However, the origin of products of Canada and Mexico, and the origin of textile and apparel products

covered by Sec. 102.21 of this chapter, are determined pursuant to the procedures set forth in part 102 of this chapter. (c) Articles exported for processing and returned--(1) Applicability to U.S. articles sent abroad. Chapter 98, Subchapter II, Note 2, Harmonized Tariff Schedule of the United States, provides that any product of the U.S. which is returned after having been advanced in value or improved in condition abroad, or assembled abroad, shall be a foreign article for the purposes of the Tariff Act of 1930, as amended. In order to have a single definition of the term ``product of'' and, therefore, a single country of origin for a textile or textile product, notwithstanding paragraph (b), merchandise which falls within the purview of Chapter 98, Subchapter II, Note 2, Harmonized Tariff Schedule of the United States, may not, upon its return to the U.S., be considered a product of the U.S. (2) Applicability to U.S. insular possession products processed outside the insular possession. Unless otherwise required by law, the rules of origin applicable to products of the U.S. shall also apply to products of insular possessions of the U.S. Accordingly, notwithstanding paragraph (b) of this section, for purposes of section 204, Agricultural Act of 1956, as amended, products of insular possessions of the U.S., if imported into the U.S. after having been advanced in value, improved in condition, or assembled, outside the insular possessions shall not be treated as products of those insular possessions. (d) Criteria for determining country of origin. The criteria in paragraphs (d) (1) and (2) of this section shall be considered in determining the country of origin of imported merchandise. These criteria are not exhaustive. One or any combination of criteria may be determinative, and additional factors may be considered. However, the origin of products of Canada and Mexico, and the origin of textile and apparel products covered by Sec. 102.21 of this chapter, are determined pursuant to the procedures set forth in part 102 of this chapter. (1) A new and different article of commerce will usually result from a manufacturing or processing operation if there is a change in: (i) Commercial designation or identity, (ii) Fundamental character or (iii) Commercial use. (2) In determining whether merchandise has been subjected to substantial manufacturing or processing operations, the following will be considered: (i) The physical change in the material or article as a result of the manufacturing or processing operations in each foreign territory or country, or insular possession of the U.S. (ii) The time involved in the manufacturing or processing operations in each foreign territory or country, or insular possession of the U.S. (iii) The complexity of the manufacturing or processing operations in each foreign territory or country, or insular possession of the U.S. (iv) The level or degree of skill and/or technology required in the manufacturing or processing operations in each foreign territory or country, or insular possession of the U.S. (v) The value added to the article or material in each foreign territory or country, or insular possession of the U.S., compared to its value when imported into the U.S.

[[Page 311]] (e) Manufacturing or processing operations. (1) Except for products of which the origin is Canada or Mexico and except for textile and apparel products (the origin of such products is determined pursuant to the procedures set forth in part 102 of this chapter), an article or material usually will be a product of a particular foreign territory or country, or insular possession of the U.S., when it has undergone prior to importation into the U.S. in that foreign territory or country, or insular possession any of the following: (i) Dyeing of fabric and printing when accompanied by two or more of the following finishing operations: bleaching, shrinking, fulling, napping, decating, permanent stiffening, weighting, permanent embossing, or moireing; (ii) Spinning fibers into yarn; (iii) Weaving, knitting or otherwise forming fabric; (iv) Cutting of fabric into parts and the assembly of those parts into the completed article; or (v) Substantial assembly by sewing and/or tailoring of all cut pieces of apparel articles which have been cut from fabric in another foreign territory or country, or insular possession, into a completed garment (e.g. the complete assembly and tailoring of all cut pieces of suit-type jackets, suits, and shirts). (2) An article or material usually will not be considered to be a product of a particular foreign territory or country, or insular possession of the U.S. by virtue of merely having undergone any of the following: (i) Simple combining operations, labeling, pressing, cleaning or dry cleaning, or packaging operations, or any combination thereof; (ii) Cutting to length or width and hemming or overlocking fabrics which are readily identifiable as being intended for a particular commercial use; (iii) Trimming and/or joining together by sewing, looping, linking, or other means of attaching otherwise completed knit-to-shape component parts produced in a single country, even when accompanied by other processes (e.g. washing, drying, mending, etc.) normally incident to the assembly process; (iv) One or more finishing operations on yarns, fabrics, or other textile articles, such as showerproofing, superwashing, bleaching, decating, fulling, shrinking, mercerizing, or similar operations; or (v) Dyeing and/or printing of fabrics or yarns. (f) Declaration of manufacturer, producer, exporter, or importer of textiles and textile products. All importations of textiles and textile products subject to section 204, Agricultural Act of 1956, as amended, shall be accompanied by the appropriate declaration(s) set forth in paragraph (f)(1) or (f)(2) of this section. Textiles or textile products subject to section 204 include that merchandise described in Sec. 12.130(a). All importations of textiles and textile products not subject to section 204 shall be accompanied by the declaration set forth in paragraph (f)(3) of this section. The declaration(s) shall be filed with the entry. The declaration(s) may be prepared by the manufacturer, producer, exporter or importer of the textiles and textile products. If multiple manufacturers, producers, or exporters are involved, a separate

declaration prepared by each may be filed. A separate declaration may be filed for each invoice which is presented with the entry. The determination of country of origin, other than as set forth in paragraph (g) of this section, will be based upon information contained in the declaration(s). The declaration(s) shall not be treated as a missing document for which a bond may be filed. Entry will be denied unless accompanied by a properly executed declaration(s) (1) Single foreign territory or country, or U.S. insular possession. Textiles or textile products which are wholly the growth, product, or manufacture of a single foreign territory or country, or insular possession of the U.S., or assembled in a single foreign territory or country, or insular possession of the U.S. of fabricated components which are in whole the product of the U.S. and/or the single foreign territory or country, or insular possession of the U.S. shall be identified in a declaration which is substantially in the following form: SINGLE COUNTRY DECLARATION I, -------------------- (name), declare that the articles listed below and covered by the [[Page 312]] invoice or entry to which this declaration relates are wholly the growth, product, or manufacture of a single foreign territory or country, or insular possession of the U.S., or were assembled in the single foreign territory or country, or insular possession of the U.S. of fabricated components which are in whole the product of the U.S. and/ or the single foreign territory or country, or insular possession of the U.S. as identified below. I declare, that the information set forth in this declaration is correct and true to the best of my information, knowledge, and belief. A........................................ (country*) B........................................ (country*) C........................................ (country*) D........................................ (country*) etc. ------------------------------------------------------------------------ Marks of Description of identification, article and Country* of Date of numbers quantity origin exportation ------------------------------------------------------------------------

------------------------------------------------------------------------ Date____________________________________________________________________ Name____________________________________________________________________ Signature_______________________________________________________________ Title___________________________________________________________________ Company_________________________________________________________________ Address_________________________________________________________________ *Country when used in this declaration includes territories and U.S. insular possessions. If the entry or invoice to which the declaration relates covers merchandise from more than one country each country will be identified in the declaration by the alphabetical designation appearing next to the named country. In the case of an assembly operation of U.S. components, both the country of assembly and the U.S. shall be reported (e.g. Haiti/U.S.) along with the date of exportation from the country of assembly. (2) More than one foreign territory or country, or U.S. insular possession. Textiles and textiles products which were subjected to manufacturing or processing operations in, and/or incorporate materials originating in more than one foreign territory or country, or an insular possession of the U.S. or were assembled in, and/or incorporate fabricated components which are the product of the U.S. and more than one foreign territory, country or insular possession of the U.S., shall be identified in a declaration which is substantially in the following form: MULTIPLE COUNTRY DECLARATION I, -------------------- (name), declare that the articles described below and covered by the invoice or entry to which this declaration relates were exported from the country* identified below on the dates listed and were subjected to assembling, manufacturing or processing operations in, and/or incorporate materials originating in, the foreign territory or country* or countries*, or the U.S. or an insular possession of the U.S., identified below. I declare that the information set forth in this declaration is correct and true to the best of my information, knowledge, and belief. A........................................ (country*) B........................................ (country*) C........................................ (country*) D........................................ (country*) etc. ---------------------------------------------------------------------------------------------------------------- Date and country of Materials Description of manufacture and/or ---------------------------------------

Marks of Description manufacturing processing identification, of article and/or -------------------------- Description Country of Date of numbers and quantity processing Date of of material production exportation operations Country exportation ---------------------------------------------------------------------------------------------------------------- ---------------------------------------------------------------------------------------------------------------- Date____________________________________________________________________ Name____________________________________________________________________ Signature_______________________________________________________________ Title___________________________________________________________________ Company_________________________________________________________________ Address_________________________________________________________________ *Country or countries when used in this declaration includes territories and U.S. insular possessions. The country will be identified in the above declaration by the alphabetical designation appearing next to the named country. (3) Textiles and textile products not subject to section 204. Textiles and textile products not subject to section 204, Agricultural Act of 1956, as amended, (see [[Page 313]] paragraph (a) of this section for products subject to section 204), shall be accompanied by the declaration set forth below: NEGATIVE DECLARATION I, -------------------- (name), declare that the articles described below and covered by the invoice or entry to which this declaration relates are not subject to section 204, Agricultural Act of 1956, as amended (7 U.S.C. 1854) and the information set forth in this declaration is correct and true to the best of my information, knowledge, and belief. ------------------------------------------------------------------------ Marks of identification, Description of article numbers and quantity Country of origin ------------------------------------------------------------------------ ------------------------------------------------------------------------ Date____________________________________________________________________ Name____________________________________________________________________

Signature_______________________________________________________________ Title___________________________________________________________________ Company_________________________________________________________________ Address_________________________________________________________________ (g) Incomplete or insufficient information. If the port director is unable to determine the country of origin of an article from the information set forth in the declaration, the declarant shall submit such additional information as requested. Release of the article from Customs custody will be denied until the determination is made based upon the information provided or the best information available. In this regard if incomplete or insufficient information is provided, the port director may consider the experience and costs of domestic industry in similar manufacturing or processing operations. (h) Shipments covered by an informal entry. While a declaration is not required for shipments covered by an informal entry, the port director may require such other evidence of the country of origin as deemed necessary. The filing of the appropriate declaration will be required in a case involving consolidation of individual shipments under Sec. Sec. 12.131 and 143.22 of this chapter. (i) Date of exportation. For quota, visa or export license requirements, and statistical purposes, the date of exportation for textiles or textile products, subject to section 204, Agricultural Act of 1956, as amended, shall be the date the vessel or carrier leaves the last port in the country of origin, as defined by this section. Contingency of diversion in another foreign territory or country shall not change the date of exportation for quota, visa or export license requirements or for statistical purposes. [T.D. 85-38, 50 FR 8723, Mar. 5, 1985, as amended by T.D. 86-57, 51 FR 8315, Mar. 11, 1986; T.D. 89-1, 53 FR 51254, Dec. 21, 1988; T.D. 93-27, 58 FR 19349, Apr. 14, 1993; T.D. 94-4, 59 FR 113, Jan. 3, 1994; T.D. 95- 69, 60 FR 46197, Sept. 5, 1995]

[Code of Federal Regulations] [Title 19, Volume 1] [Revised as of April 1, 2005] From the U.S. Government Printing Office via GPO Access [CITE: 19CFR102.21] [Page 471-480] TITLE 19--CUSTOMS DUTIES CHAPTER I--BUREAU OF CUSTOMS AND BORDER PROTECTION, DEPARTMENT OF HOMELAND SECURITY; DEPARTMENT OF THE TREASURY PART 102_RULES OF ORIGIN--Table of Contents Subpart B_Rules of Origin Sec. 102.21 Textile and apparel products. (a) Applicability. Except for purposes of determining whether goods originate in Israel or are the growth, product, or manufacture of Israel, and except as otherwise provided for by statute, the provisions of this section shall control the determination of the country of origin of imported textile and apparel products for purposes of the Customs laws and the administration of quantitative restrictions. The provisions of this section shall apply to goods entered, or withdrawn from warehouse, for consumption on or after July 1, 1996. (b) Definitions. The following terms shall have the meanings indicated when used in this section: (1) Country of origin. The term country of origin means the country, territory, or insular possession in which a good originates or of which a good is the growth, product, or manufacture. (2) Fabric-making process. A fabric-making process is any manufacturing operation that begins with polymers, fibers, filaments (including strips), yarns, twine, cordage, rope, or fabric strips and results in a textile fabric. (3) Knit to shape. The term knit to shape applies to any good of which 50 percent or more of the exterior surface area is formed by major parts that have been knitted or crocheted directly to the shape used in the good, with no consideration being given to patch pockets, appliques, or the like. Minor cutting, trimming, or sewing of those major parts will not affect the determination of whether a good is ``knit to shape.'' (4) Major parts. The term major parts means integral components of a good but does not include collars, cuffs, waistbands, plackets, pockets, linings, paddings, trim, accessories, or similar parts. (5) Textile or apparel product. A textile or apparel product is any good classifiable in Chapters 50 through 63, Harmonized Tariff Schedule of the United States (HTSUS), and any good classifiable under one of the following HTSUS headings or subheadings:

3005.90 3921.12.15 3921.13.15 3921.90.2550 4202.12.40-80 4202.22.40-80 4202.32.40-95 4202.92.05 4202.92.15-30 4202.92.60-90 6405.20.60 6406.10.77 6406.10.90 6406.99.15 6501 6502 6503 6504 6505.90 6601.10-99 7019.19.15 7019.19.28 7019.40-59 8708.21 8804 9113.90.40 9404.90 9502.91 9612.10.9010 (6) Wholly assembled. The term ``wholly assembled'' when used with reference to a good means that all components, of which there must be at least two, preexisted in essentially the same condition as found in the finished good and were combined to form the finished good in a single country, territory, or insular possession. Minor attachments and minor embellishments (for example, appliques, beads, spangles, embroidery, buttons) not appreciably affecting the identity of the good, and minor subassemblies (for example, collars, cuffs, plackets, pockets), will not affect the status of a good as ``wholly assembled'' in a single country, territory, or insular possession. (c) General rules. Subject to paragraph (d) of this section, the country of origin of a textile or apparel product shall be determined by sequential application of paragraphs (c) (1) through (5) of this section and, in each case where appropriate to the specific context, by application of the additional requirements or conditions of Sec. Sec. 102.12 through 102.19 of this part. (1) The country of origin of a textile or apparel product is the single country, territory, or insular possession in which the good was wholly obtained or produced. (2) Where the country of origin of a textile or apparel product cannot be determined under paragraph (c)(1) of this section, the country of origin of the good is the single country, territory, or insular possession in which each foreign material incorporated in that good

underwent an applicable change [[Page 472]] in tariff classification, and/or met any other requirement, specified for the good in paragraph (e) of this section. (3) Where the country of origin of a textile or apparel product cannot be determined under paragraph (c) (1) or (2) of this section: (i) If the good was knit to shape, the country of origin of the good is the single country, territory, or insular possession in which the good was knit; or (ii) Except for goods of heading 5609, 5807, 5811, 6213, 6214, 6301 through 6306, and 6308, and subheadings 6209.20.5040, 6307.10, 6307.90, and 9404.90, if the good was not knit to shape and the good was wholly assembled in a single country, territory, or insular possession, the country of origin of the good is the country, territory, or insular possession in which the good was wholly assembled. (4) Where the country of origin of a textile or apparel product cannot be determined under paragraph (c) (1), (2) or (3) of this section, the country of origin of the good is the single country, territory, or insular possession in which the most important assembly or manufacturing process occurred. (5) Where the country of origin of a textile or apparel product cannot be determined under paragraph (c) (1), (2), (3) or (4) of this section, the country of origin of the good is the last country, territory, or insular possession in which an important assembly or manufacturing process occurred. (d) Treatment of sets. Where a good classifiable in the HTSUS as a set includes one or more components that are textile or apparel products and a single country of origin for all of the components of the set cannot be determined under paragraph (c) of this section, the country of origin of each component of the set that is a textile or apparel product shall be determined separately under paragraph (c) of this section. (e) Specific rules by tariff classification. (1) The following rules will apply for purposes of determining the country of origin of a textile or apparel product under paragraph (c)(2) of this section: ------------------------------------------------------------------------ HTSUS Tariff shift and/or other requirements ------------------------------------------------------------------------ 3005.90...................... If the good contains pharmaceutical substances, a change to subheading 3005.90 from any other heading; or If the good does not contain pharmaceutical substances, a change to subheading 3005.90 from any other heading, except from heading 5007, 5111 through 5113, 5208 through 5212, 5309 through 5311, 5407 through 5408, 5512 through 5516, 5601 through 5603, 5801 through 5804, 5806, 5809, 5903, 5906 through 5907, and 6001 through 6006. 3921.12.15................... A change to subheading 3921.12.15 from

any other heading. 3921.13.15................... A change to subheading 3921.13.15 from any other heading. 3921.90.2550................. A change to subheading 3921.90.2550 from any other heading. 4202.12.40-4202.12.80........ A change to subheading 4202.12.40 through 4202.12.80 from any other heading, provided that the change is the result of the good being wholly assembled in a single country, territory, or insular possession. 4202.22.40-4202.22.80........ A change to subheading 4202.22.40 through 4202.22.80 from any other heading, provided that the change is the result of the good being wholly assembled in a single country, territory, or insular possession. 4202.32.40-4202.32.95........ A change to subheading 4202.32.40 through 4202.32.95 from any other heading, provided that the change is the result of the good being wholly assembled in a single country, territory, or insular possession. 4202.92.05................... A change to subheading 4202.92.05 from any other heading, provided that the change is the result of the good being wholly assembled in a single country, territory or insular possession. 4202.92.15-4202.92.30........ A change to subheading 4202.92.15 through 4202.92.30 from any other heading, provided that the change is the result of the good being wholly assembled in a single country, territory, or insular possession. 4202.92.60-4202.92.90........ A change to subheading 4202.92.60 through 4202.92.90 from any other heading, provided that the change is the result of the good being wholly assembled in a single country, territory, or insular possession. 5001-5002.................... A change to heading 5001 through 5002 from any other chapter. 5003......................... A change to heading 5003 from any other heading, provided that the change is the result of garnetting. If the change to heading 5003 is not the result of garnetting, the country of origin of the good is the country of origin of the good prior to its becoming waste. 5004-5006.................... (1) If the good is of staple fibers, a change to heading 5004 through 5006 from any heading outside that group, provided that the change is the result of a

spinning process. (2) If the good is of filaments, a change to heading 5004 through 5006 from any heading outside that group, provided that the change is the result of an extrusion process. 5007......................... (1) A change from greige fabric of heading 5007 to finished fabric of heading 5007 by both dyeing and printing when accompanied by two or more of the following finishing operations: bleaching, shrinking, fulling, napping, decating, permanent stiffening, weighting, permanent embossing, or moireing; or, [[Page 473]] (2) If the country of origin cannot be determined under (1) above, a change to heading 5007 from any other heading, provided that the change is the result of a fabric-making process. 5101-5103.................... A change to heading 5101 through 5103 from any other chapter. 5104......................... A change to heading 5104 from any other heading. 5105......................... A change to heading 5105 from any other chapter. 5106-5110.................... A change to heading 5106 through 5110 from any heading outside that group, provided that the change is the result of a spinning process. 5111-5113.................... A change to heading 5111 through 5113 from any heading outside that group, provided that the change is the result of a fabric-making process. 5201......................... A change to heading 5201 from any other chapter. 5202......................... A change to heading 5202 from any other heading, provided that the change is the result of garnetting. If the change to heading 5202 is not the result of garnetting, the country of origin of the good is the country of origin of the good prior to its becoming waste. 5203......................... A change to heading 5203 from any other chapter. 5204-5207.................... A change to heading 5204 through 5207 from any heading outside that group, provided that the change is the result of a spinning process.

5208-5212.................... (1) A change from greige fabric of heading 5208 through 5212 to finished fabric of heading 5208 through 5212 by both dyeing and printing when accompanied by two or more of the following finishing operations: bleaching, shrinking, fulling, napping, decating, permanent stiffening, weighting, permanent embossing, or moireing; or (2) If the country of origin cannot be determined under (1) above, a change to heading 5208 through 5212 from any heading outside that group, provided that the change is the result of a fabric-making process. 5301-5305.................... (1) Except for waste, a change to heading 5301 through 5305 from any other chapter. (2) For waste, a change to heading 5301 through 5305 from any heading outside that group, provided that the change is the result of garnetting. If the change is not the result of garnetting, the country of origin of the good is the country of origin of the good prior to its becoming waste. 5306-5307.................... A change to heading 5306 through 5307 from any heading outside that group, provided that the change is the result of a spinning process. 5308......................... (1) Except for paper yarns, a change to heading 5308 from any other heading, provided that the change is the result of a spinning process. (2) For paper yarns, a change to heading 5308 from any other heading, except from heading 4707, 4801 through 4806, 4811, and 4818. 5309-5311.................... (1) A change from greige fabric of heading 5309 through 5311 to finished fabric of heading 5309 through 5311 by both dyeing and printing when accompanied by two or more of the following finishing operations: bleaching, shrinking, fulling, napping, decating, permanent stiffening, weighting, permanent embossing, or moireing; or (2)If the country of origin cannot be determined under (1) above, a change to heading 5309 through 5311 from any heading outside that group, provided

that the change is the result of a fabric-making process. 5401-5406.................... A change to heading 5401 through 5406 from any other heading, provided that the change is the result of an extrusion process. 5407-5408.................... (1) A change from greige fabric of heading 5407 through 5408 to finished fabric of heading 5407 through 5408 by both dyeing and printing when accompanied by two or more of the following finishing operations: bleaching, shrinking, fulling, napping, decating, permanent stiffening, weighting, permanent embossing, or moireing; or (2) If the country of origin cannot be determined under (1) above, a change to heading 5407 through 5408 from any heading outside that group, provided that the change is the result of a fabric-making process. 5501-5502.................... A change to heading 5501 through 5502 from any other chapter, provided that the change is the result of an extrusion process. 5503-5504.................... A change to heading 5503 through 5504 from any other chapter, except from Chapter 54. 5505......................... A change to heading 5505 from any other heading, provided that the change is the result of garnetting. If the change is not the result of garnetting, the country of origin of the good is the country of origin of the good prior to its becoming waste. 5506-5507.................... A change to heading 5506 through 5507 from any other chapter, except from Chapter 54. 5508-5511.................... A change to heading 5508 through 5511 from any heading outside that group, provided that the change is the result of a spinning process. 5512-5516.................... (1) A change from greige fabric of heading 5512 through 5516 to finished fabric of heading 5512 through 5516 by both dyeing and printing when accompanied by two or more of the following finishing operations: bleaching, shrinking, fulling, napping, decating, permanent stiffening, weighting, permanent embossing, or moireing; or

(2) If the country of origin cannot be determined under (1) above, a change to heading 5512 through 5516 from any heading outside that group, provided that the change is the result of a fabric-making process. 5601......................... (1) A change to wadding of heading 5601 from any other heading, except from heading 5105, 5203, and 5501 through 5507. (2) A change to flock, textile dust, mill neps, or articles of wadding, of heading 5601 from any other heading or from wadding of heading 5601. 5602-5603.................... (1) Except for fabric of wool or of fine animal hair, a change from greige fabric of heading 5602 through 5603 to finished fabric of heading 5602 through 5603 by both dyeing and printing when accompanied by two or more of the following finishing operations: bleaching, shrinking, fulling, napping, decating, permanent stiffening, weighting, permanent embossing, or moireing; or [[Page 474]] (2) If the country of origin cannot be determined under (1) above, a change to heading 5602 through 5603 from any heading outside that group, provided that the change is the result of a fabric-making process. 5604......................... (1) If the textile component is of continuous filaments, including strips, a change of those filaments, including strips, to heading 5604 from any other heading, except from heading 5001 through 5007, 5401 through 5408, and 5501 through 5502, and provided that the change is the result of an extrusion process. (2) If the textile component is of staple fibers, a change of those fibers to heading 5604 from any other heading, except from heading 5004 through 5006, 5106 through 5110, 5204 through 5207, 5306 through 5308, and 5508 through 5511, and provided that the change is the result of a spinning process. 5605-5606.................... If the good is of continuous filaments,

including strips, a change of those filaments, including strips, to heading 5605 through 5606 from any other heading, except from heading 5001 through 5007, 5401 through 5408, and 5501 through 5502, and provided that the change is the result of an extrusion process; or If the good is of staple fibers, a change of those fibers to heading 5605 through 5606 from any other heading, except from heading 5106 through 5110, 5204 through 5207, 5306 through 5308, and 5508 through 5511, and provided that the change is the result of a spinning process. 5607......................... If the good is of continuous filaments, including strips, a change of those filaments, including strips, to heading 5607 from any other heading, except from heading 5001 through 5007, 5401 through 5406, and 5501 through 5511, and provided that the change is the result of an extrusion process; or If the good is of staple fibers, a change of those fibers to heading 5607 from any other heading, except from heading 5106 through 5110, 5204 through 5207, 5306 through 5308, and 5508 through 5511, and provided that the change is the result of a spinning process. 5608......................... (1)(a) Except for netting of wool or of fine animal hair, a change from greige netting of heading 5608 to finished netting of heading 5608 by both dyeing and printing when accompanied by two or more of the following finishing operations: bleaching, shrinking, fulling, napping, decating, permanent stiffening, weighting, permanent embossing, or moireing; or (1)(b) If the country of origin cannot be determined under (1)(a) above, a change to netting of heading 5608 from any other heading, except from heading 5804, and provided that the change is the result of a fabric-making process. (2) A change to fishing nets or other made up nets of heading 5608: (a) If the good does not contain nontextile attachments, from any other heading, except from heading 5804 and 6002 through 6006, and provided that the

change is the result of a fabric-making process; or (b) If the good contains nontextile attachments, from any heading, including a change from another good of heading 5608, provided that the change is the result of the good being wholly assembled in a single country, territory, or insular possession. 5609......................... (1) If of continuous filaments, including strips, the country of origin of a good classifiable under heading 5609 is the country, territory, or insular possession in which those filaments, including strips, were extruded. (2) If of staple fibers, the country of origin of a good classifiable under heading 5609 is the country, territory, or insular possession in which those fibers were spun into yarns. 5701-5705.................... A change to heading 5701 through 5705 from any other chapter. 5801-5803.................... (1) Except for fabric of wool or of fine animal hair, a change from greige fabric of heading 5801 through 5803 to finished fabric of heading 5801 through 5803 by both dyeing and printing when accompanied by two or more of the following finishing operations: bleaching, shrinking, fulling, napping, decating, permanent stiffening, weighting, permanent embossing, or moireing; or (2) If the country of origin cannot be determined under (1) above, a change to heading 5801 through 5803 from any other heading, including a heading within that group, except from heading 5007, 5111 through 5113, 5208 through 5212, 5309 through 5311, 5407 through 5408, 5512 through 5516, and 6002 through 6006, and provided that the change is the result of a fabric-making process. 5804.10...................... (1) Except for fabric of wool or of fine animal hair, a change from greige fabric of subheading 5804.10 to finished fabric of subheading 5804.10 by both dyeing and printing when accompanied by two or more of the following finishing operations: bleaching, shrinking, fulling, napping, decating, permanent stiffening, weighting, permanent embossing, or moireing; or

(2) If the country of origin cannot be determined under (1) above, a change to subheading 5804.10 from any other heading, except from heading 5608, and provided that the change is the result of a fabric-making process. 5804.21-5804.30.............. (1) Except for lace of wool or of fine animal hair, a change from greige lace of subheading 5804.21 through 5804.30 to finished lace of subheading 5804.21 through 5804.30 by both dyeing and printing when accompanied by two or more of the following finishing operations: bleaching, shrinking, fulling, napping, decating, permanent stiffening, weighting, permanent embossing, or moireing; or (2) If the country of origin cannot be determined under (1) above, a change to subheading 5804.21 through 5804.30 from any other heading, provided that the change is the result of a fabric-making process. 5805......................... A change to heading 5805 from any other heading, except from heading 5007, 5111 through 5113, 5208 through 5212, 5309 through 5311, 5407 through 5408, and 5512 through 5516, and provided that the change is the result of a fabric-making process. [[Page 475]] 5806......................... (1) Except for fabric of wool or of fine animal hair, a change from greige fabric of heading 5806 to finished fabric of heading 5806 by both dyeing and printing when accompanied by two or more of the following finishing operations: bleaching, shrinking, fulling, napping, decating, permanent stiffening, weighting, permanent embossing, or moireing; or (2) If the country of origin cannot be determined under (1) above, a change to heading 5806 from any other heading, except from heading 5007, 5111 through 5113, 5208 through 5212, 5309 through 5311, 5407 through 5408, 5512 through 5516, and 5801 through 5803, and provided that the change is the result of a fabric-making process.

5807......................... The country of origin of a good classifiable under heading 5807 is the country, territory, or insular possession in which the fabric comprising the good was formed by a fabric-making process. 5808.10...................... (1) If the good is of continuous filaments, including strips, a change of those filaments, including strips, to subheading 5808.10 from any other heading, except from heading 5001 through 5007, 5401 through 5406, 5501 through 5502, and 5604 through 5607, and provided that the change is the result of an extrusion process. (2) If the good is of staple fibers, a change of those fibers to heading 5808.10 from any other heading, except from heading 5106 through 5113, 5204 through 5212, 5306 through 5311, 5401 through 5408, 5508 through 5516, and 5604 through 5607, and provided that the change is the result of a spinning process. 5808.90...................... (1) For ornamental fabric trimmings: (a) A change from a greige good of subheading 5808.90 to a finished good of subheading 5808.90 by both dyeing and printing when accompanied by two or more of the following finishing operations: bleaching, shrinking, fulling, napping, decating, permanent stiffening, weighting, permanent embossing, or moireing; or, (b) If the country of origin cannot be determined under (a) above, a change to subheading 5808.90 from any other chapter, except from heading 5007, 5111 through 5113, 5208 through 5212, 5309 through 5311, 5407 through 5408, and 5512 through 5516, and provided that the change is the result of a fabric-making process. (2) For nonfabric ornamental trimmings: (a) If the trimming is of continuous filaments, including strips, a change to subheading 5808.90 from any other heading, except from heading 5001 through 5007, 5401 through 5408, 5501 through 5502, and 5604 through 5607, and provided that the change is the result of an extrusion process; or (b) If the trimming is of staple fibers,

a change to subheading 5808.90 from any other heading, except from heading 5106 through 5113, 5204 through 5212, 5306 through 5311, 5401 through 5408, 5508 through 5516, and 5604 through 5607, and provided that the change is the result of a spinning process. (3) For tassels, pompons and similar articles: (a) If the good has been wholly assembled in a single country, territory, or insular possession, a change to subheading 5808.90 from any other heading; (b) If the good has not been wholly assembled in a single country, territory, or insular possession and the good is of staple fibers, a change to subheading 5808.90 from any other heading, except from heading 5004 through 5006, 5106 through 5110, 5204 through 5207, 5306 through 5308, and 5508 through 5511, and 5604 through 5607, and provided that the change is the result of a spinning process; or (c) If the good has not been wholly assembled in a single country, territory, or insular possession and the good is of filaments, including strips, a change to subheading 5808.90 from any other heading, except from heading 5001 through 5007, 5401 through 5406, and 5501 through 5502, and provided that the change is the result of an extrusion process. 5809......................... A change to heading 5809 from any other heading, except from heading 5007, 5111 through 5113, 5208 through 5212, 5309 through 5311, 5407 through 5408, 5512 through 5516, 5801 through 5802, 5804, and 5806, and provided that the change is the result of a fabric-making process. 5810.10...................... The country of origin of goods of subheading 5810.10 is the single country, territory, or insular possession in which the embroidery was performed. 5810.91-5810.99.............. (1) For embroidered fabric, the country of origin is the country, territory, or insular possession in which the fabric was produced by a fabric-making process. (2) For embroidered badges, emblems, insignia, and the like, comprised of

multiple components, the country of origin is the place of assembly, provided that the change is the result of the good being wholly assembled in a single country, territory, or insular possession. (3) For embroidered badges, emblems, insignia, and the like, not comprised of multiple components, a change to subheading 5810.91 through 5810.99 from any other chapter, except from heading 5007, 5111 through 5113, 5208 through 5212, 5309 through 5311, 5407 through 5408, 5512 through 5516, 5602 through 5603, 5608, 5903, 5907, 6001 through 6006, and provided that the change is the result of a fabric-making process. 5811......................... The country of origin of a good classifiable under heading 5811 is the country, territory, or insular possession in which the fabric comprising the good was formed by a fabric-making process. 5901-5903.................... (1) Except for fabric of wool or of fine animal hair, a change from greige fabric of heading 5901 through 5903 to finished fabric of heading 5901 through 5903 by both dyeing and printing when accompanied by two or more of the following finishing operations: bleaching, shrinking, fulling, napping, decating, permanent stiffening, weighting, permanent embossing, or moireing; or, (2) If the country of origin cannot be determined under (1) above, a change to heading 5901 through 5903 from any other heading, including a heading within that group, except from heading 5007, 5111 through 5113, 5208 through 5212, 5309 through 5311, 5407 through 5408, 5512 through 5516, 5803, 5806, 5808, and 6002 through 6006, and provided that the change is the result of a fabric-making process. 5904......................... (1) For goods that have been wholly assembled by means of a lamination process, a change to heading 5904 from any other heading, provided that the change is the result of the good being wholly assembled in a single country, territory, or insular possession.

[[Page 476]] (2) For all other goods, the country of origin of the good will be determined by application of Sec. 102.21(c)(4) or, if the country of origin cannot be determined under that section, by application of Sec. 102.21(c)(5). 5905......................... (1) Except for wall coverings consisting of textile fabric of wool or of fine animal hair treated on the back or affixed by any means to a backing of any material, a change from wall coverings of greige fabric of heading 5905 to wall coverings of finished fabric of heading 5905 by both dyeing and printing when accompanied by two or more of the following finishing operations: bleaching, shrinking, fulling, napping, decating, permanent stiffening, weighting, permanent embossing, or moireing; or, (2) If the country of origin cannot be determined under (1) above, a change to heading 5905 from any other heading, except from heading 5007, 5111 through 5113, 5208 through 5212, 5309 through 5311, 5407 through 5408, 5512 through 5516, 5603, 5803, 5806, 5808, and 6002 through 6006, and provided that the change is the result of a fabric-making process. 5906-5907.................... (1) Except for fabric of wool or of fine animal hair, a change from greige fabric of heading 5906 through 5907 to finished fabric of heading 5906 through 5907 by both dyeing and printing when accompanied by two or more of the following finishing operations: bleaching, shrinking, fulling, napping, decating, permanent stiffening, weighting, permanent embossing, or moireing; or, (2) If the country of origin cannot be determined under (1) above, a change to heading 5906 through 5907 from any other chapter, except from heading 5007, 5111 through 5113, 5208 through 5212, 5309 through 5311, 5407 through 5408, 5512 through 5516, 5803, 5806, 5808, and 6002 through 6006, and provided that the change is the result of a fabric-making

process. 5908......................... (1) Except for yarns, twine, cord, and braid, a change to heading 5908 from any other heading, except from heading 5007, 5111 through 5113, 5208 through 5212, 5309 through 5311, 5407 through 5408, 5512 through 5516, 5801 through 5802, 5806, 5808, and 6001 through 6006. (2) For yarns, twine, cord, and braid: (a) If the good is of continuous filaments, including strips, a change to heading 5908 from any other heading, except from heading 5001 through 5007, 5401 through 5406, and 5501 through 5502, and provided that the change is the result of an extrusion process; or (b) If the good is of staple fibers, a change to heading 5908 from any other heading, except from heading 5106 through 5110, 5204 through 5207, 5306 through 5308, and 5508 through 5511, and 5605 through 5607, and provided that the change is the result of a spinning process. 5909......................... A change to heading 5909 from any other chapter, except from heading 5007, 5111 through 5113, 5208 through 5212, 5309 through 5311, 5407 through 5408, 5512 through 5516, 5603, 5801 through 5804, 5806, 5808, and 6001 through 6006, and provided that the good does not contain armor or accessories of nontextile material and provided that the change is the result of a fabric-making process; or A change to textile hosepiping with armor or accessories of nontextile material, of heading 5909, from any heading, including a change from another good of heading 5909, provided that the change is the result of the good being wholly assembled in a single country, territory, or insular possession. 5910......................... (1) For belts and belting of braid, rope, or cord: (a) If the good is of continuous filaments, including strips, a change of those filaments, including strips, to heading 5910 from any other heading, except from heading 5001 through 5006, 5401 through 5406, and 5501 through 5502, and provided that the change is the result of an extrusion process; or

(b) If the good is of staple fibers, a change of those fibers to heading 5910 from any other heading, except from heading 5106 through 5110, 5204 through 5207, 5306 through 5308, and 5508 through 5511, and provided that the change is the result of a spinning process. (2) For fabric belting and belts, not braids and not combined with nontextile components, whether or not reinforced with metal or other material, a change to heading 5910 from any other heading, except from heading 5007, 5111 through 5113, 5208 through 5212, 5309 through 5311, 5407 through 5408, 5512 through 5516, 5602 through 5603, 5801 through 5804, 5806, 5808 through 5809, and 6001 through 6006, and provided the change is the result of a fabric-making process. (3) For fabric belts, including belts of braided materials, combined with nontextile components, whether or not reinforced with metal or other material, a change to heading 5910 from any heading, including a change from another good of heading 5910, provided that the change is the result of the good being wholly assembled in a single country, territory, or insular possession. 5911.10-5911.20.............. (1) Except for fabric of wool or of fine animal hair, a change from greige fabric of subheading 5911.10 through 5911.20 to finished fabric of subheading 5911.10 through 5911.20 by both dyeing and printing when accompanied by two or more of the following finishing operations: bleaching, shrinking, fulling, napping, decating, permanent stiffening, weighting, permanent embossing, or moireing; or, (2) If the country of origin cannot be determined under (1) above, a change to subheading 5911.10 through 5911.20 from any other heading, except from heading 5007, 5111 through 5113, 5208 through 5212, 5309 through 5311, 5407 through 5408, 5512 through 5516, 5602 through 5603, 5801 through 5804, 5806, and 6001 through 6006, and provided that the change is the result of a fabric-making process. 5911.31-5911.32.............. (1)(a) Except for fabric of wool or of

fine animal hair, a change from greige fabric of subheading 5911.31 through 5911.32 to finished fabric of subheading 5911.31 through 5911.32 by both dyeing and printing when accompanied by two or more of the following finishing operations: bleaching, shrinking, fulling, napping, decating, permanent stiffening, weighting, permanent embossing, or moireing; or, [[Page 477]] (1)(b) If the country of origin cannot be determined under (1)(a) above, for goods not combined with nontextile components, a change to subheading 5911.31 through 5911.32 from any other heading, except from heading 5007, 5111 through 5113, 5208 through 5212, 5309 through 5311, 5407 through 5408, 5512 through 5516, 5602 through 5603, 5801 through 5804, 5806, and 6001 through 6006, and provided that the change is the result of a fabric-making process. (2) For goods combined with nontextile components, a change to subheading 5911.31 through 5911.32 from any other heading, provided that the change is the result of the good being wholly assembled in a single country, territory, or insular possession. 5911.40...................... (1) Except for fabric of wool or of fine animal hair, a change from greige fabric of subheading 5911.40 to finished fabric of subheading 5911.40 by both dyeing and printing when accompanied by two or more of the following finishing operations: bleaching, shrinking, fulling, napping, decating, permanent stiffening, weighting, permanent embossing, or moireing; or, (2) If the country of origin cannot be determined under (1) above, a change to subheading 5911.40 from any other heading, except from heading 5007, 5111 through 5113, 5208 through 5212, 5309 through 5311, 5407 through 5408, 5512 through 5516, 5602 through 5603, 5801 through 5804, 5806, and 6001 through 6006, and provided that the change is the result of a fabric-making process.

5911.90...................... (1) For goods of yarn, rope, cord, or braid: (a)If the good is of continuous filaments, including strips, a change of those filaments, including strips, to subheading 5911.90 from any other heading, except from heading 5001 through 5006, 5401 through 5406, and 5501 through 5502, and provided that the change is the result of an extrusion process; or (b) If the good is of staple fibers, a change of those fibers to subheading 5911.90 from any other heading, except from heading 5106 through 5110, 5204 through 5207, 5306 through 5308, and 5508 through 5511, and provided that the change is the result of a spinning process. (2)(a) If the good is a fabric, except for fabric of wool or of fine animal hair, a change from greige fabric of subheading 5911.90 to finished fabric of subheading 5911.90 by both dyeing and printing when accompanied by two or more of the following finishing operations: bleaching, shrinking, fulling, napping, decating, permanent stiffening, weighting, permanent embossing, or moireing; or, (2)(b) If the country of origin cannot be determined under (2)(a) above, if the good is a fabric, a change to subheading 5911.90 from any other heading, except from heading 5007, 5111 through 5113, 5208 through 5212, 5309 through 5311, 5407 through 5408, 5512 through 5516, 5602 through 5603, 5801 through 5804, 5806, 5809, and 6001 through 6006, and provided that the change is the result of a fabric-making process. (3) If the good is a made up article other than a good of yarn, rope, cord, or braid, a change to subheading 5911.90 from any heading, including a change from another good of heading 5911, provided that the change is the result of the good being wholly assembled in a single country, territory, or insular possession. 6001-6006.................... (1) Except for fabric of wool or of fine animal hair, a change from greige fabric of heading 6001 through 6006 to finished

fabric of heading 6001 through 6006 by both dyeing and printing when accompanied by two or more of the following finishing operations: bleaching, shrinking, fulling, napping, decating, permanent stiffening, weighting, permanent embossing, or moireing; or, (2) If the country of origin cannot be determined under paragraph (1) of this entry, a change to heading 6001 through 6006 from any heading outside that group, provided that the change is the result of a fabric-making process. 6101-6117.................... (1) If the good is not knit to shape and consists of two or more component parts, except for goods of subheading 6117.10 provided for in paragraph (e)(2) of this section, a change to an assembled good of heading 6101 through 6117 from unassembled components, provided that the change is the result of the good being wholly assembled in a single country, territory, or insular possession. (2) If the good is not knit to shape and does not consist of two or more component parts, except for goods of subheading 6117.10 provided for in paragraph (e)(2) of this section, a change to heading 6101 through 6117 from any heading outside that group, except from heading 5007, 5111 through 5113, 5208 through 5212, 5309 through 5311, 5407 through 5408, 5512 through 5516, 5806, 5809 through 5811, 5903, 5906 through 5907, and 6001 through 6006, and subheading 6307.90, and provided that the change is the result of a fabric- making process. (3) If the good is knit to shape, except for goods of subheading 6117.10 provided for in paragraph (e)(2) of this section, a change to 6101 through 6117 from any heading outside that group, provided that the knit to shape components are knit in a single country, territory, or insular possession. 6201-6208.................... (1) If the good consists of two or more component parts, a change to an assembled good of heading 6201 through 6208 from unassembled components, provided that the change is the result

of the good being wholly assembled in a single country, territory, or insular possession. (2) If the good does not consist of two or more component parts, a change to heading 6201 through 6208 from any heading outside that group, except from heading 5007, 5111 through 5113, 5208 through 5212, 5309 through 5311, 5407 through 5408, 5512 through 5516, 5602 through 5603, 5801 through 5806, 5809 through 5811, 5903, 5906 through 5907, and 6217, and subheading 6307.90, and provided that the change is the result of a fabric-making process. 6209.10.0000-6209.20.5035.... (1) If the good consists of two or more component parts, a change to an assembled good of subheading 6209.10.0000 through 6209.20.5035 from unassembled components, provided that the change is the result of the good being wholly assembled in a single country, territory, or insular possession. [[Page 478]] (2) If the good does not consist of two or more component parts, a change to subheading 6209.10.0000 through 6209.20.5035 from any other heading, except from heading 5007, 5111 through 5113, 5208 through 5212, 5309 through 5311, 5407 through 5408, 5512 through 5516, 5602 through 5603, 5801 through 5806, 5809 through 5811, 5903, 5906 through 5907, and 6217, and subheading 6307.90, and provided that the change is the result of a fabric-making process. 6209.20.5040................. The country of origin of a good classifiable in subheading 6209.20.5040 is the country, territory, or insular possession in which the fabric comprising the good was formed by a fabric-making process. 6209.20.5045-6209.90.9000.... (1) If the good consists of two or more component parts, a change to an assembled good of subheading 6209.20.5045 through 6209.90.9000 from unassembled components, provided that the change is the result of the good being wholly assembled in a single

country, territory, or insular possession. (2) If the good does not consist of two or more component parts, a change to subheading 6209.20.5045 through 6209.90.9000 from any other heading, except from heading 5007, 5111 through 5113, 5208 through 5212, 5309 through 5311, 5407 through 5408, 5512 through 5516, 5602 through 5603, 5801 through 5806, 5809 through 5811, 5903, 5906 through 5907, and 6217, and subheading 6307.90, and provided that the change is the result of a fabric-making process. 6210-6212.................... (1) If the good consists of two or more component parts, a change to an assembled good of heading 6210 through 6212 from unassembled components, provided that the change is the result of the good being wholly assembled in a single country, territory, or insular possession. (2) If the good does not consist of two or more component parts, a change to heading 6210 through 6212 from any heading outside that group, except from heading 5007, 5111 through 5113, 5208 through 5212, 5309 through 5311, 5407 through 5408, 5512 through 5516, 5602 through 5603, 5801 through 5806, 5809 through 5811, 5903, 5906 through 5907, 6001 through 6006, and 6217, and subheading 6307.90, and provided that the change is the result of a fabric- making process. 6213-6214.................... Except for goods of heading 6213 through 6214 provided for in paragraph (e)(2) of this section, the country of origin of a good classifiable under heading 6213 through 6214 is the country, territory, or insular possession in which the fabric comprising the good was formed by a fabric-making process. 6215-6217.................... (1) If the good consists of two or more component parts, a change to an assembled good of heading 6215 through 6217 from unassembled components, provided that the change is the result of the good being wholly assembled in a single country, territory, or insular possession. (2) If the good does not consist of two or more component parts, a change to

heading 6215 through 6217 from any heading outside that group, except from heading 5007, 5111 through 5113, 5208 through 5212, 5309 through 5311, 5407 through 5408, 5512 through 5516, 5602 through 5603, 5801 through 5806, 5809 through 5811, 5903, 5906 through 5907, and 6217, and subheading 6307.90, and provided that the change is the result of a fabric-making process. 6301-6306.................... Except for goods of heading 6302 through 6304 provided for in paragraph (e)(2) of this section, the country of origin of a good classifiable under heading 6301 through 6306 is the country, territory, or insular possession in which the fabric comprising the good was formed by a fabric-making process. 6307.10...................... The country of origin of a good classifiable under subheading 6307.10 is the country, territory, or insular possession in which the fabric comprising the good was formed by a fabric-making process. 6307.20...................... A change to subheading 6307.20 from any other heading, provided that the change is the result of the good being wholly assembled in a single country, territory, or insular possession. 6307.90...................... The country of origin of a good classifiable under subheading 6307.90 is the country, territory, or insular possession in which the fabric comprising the good was formed by a fabric-making process. 6308......................... The country of origin of a good classifiable under heading 6308 is the country, territory, or insular possession in which the woven fabric component of the good was formed by a fabric-making process. 6309-6310.................... The country of origin of a good classifiable under heading 6309 through 6310 is the country, territory, or insular possession in which the good was last collected and packaged for shipment. 6405.20.60................... A change to subheading 6405.20.60 from any other heading, provided that the change is the result of the good being wholly assembled in a single country, territory, or insular possession. 6406.10.77................... (1) If the good consists of two or more

components, a change to subheading 6406.10.77 from any other heading, provided that the change is the result of the good being wholly assembled in a single country, territory, or insular possession. (2) If the good does not consist of two or more components, a change to subheading 6406.10.77 from any other heading, except from heading 5007, 5111 through 5113, 5208 through 5212, 5309 through 5311, 5407 through 5408, 5512 through 5516, 5602 through 5603, 5608, 5801 through 5804, 5806, 5808 through 5810, 5903, 5906 through 5907, and 6001 through 6006, and provided that the change is the result of a fabric-making process. 6406.10.90................... (1) If the good consists of two or more components, a change to subheading 6406.10.90 from any other heading, provided that the change is the result of the good being wholly assembled in a single country, territory, or insular possession. (2) If the good does not consist of two or more components, a change to subheading 6406.10.90 from any other heading, except from heading 5007, 5111 through 5113, 5208 through 5212, 5309 through 5311, 5407 through 5408, 5512 through 5516, 5602 through 5603, 5608, 5801 through 5804, 5806, 5808 through 5810, 5903, 5906 through 5907, and 6001 through 6006, and provided that the change is the result of a fabric-making process. 6406.99.15................... (1) If the good consists of two or more components, a change to subheading 6406.99.15 from any other heading, provided that the change is the result of the good being wholly assembled in a single country, territory, or insular possession. [[Page 479]] (2) If the good does not consist of two or more components, a change to subheading 6406.99.15 from any other heading, except from heading 5007, 5111 through 5113, 5208 through 5212, 5309

through 5311, 5407 through 5408, 5512 through 5516, 5602 through 5603, 5608, 5801 through 5804, 5806, 5808 through 5810, 5903, 5906 through 5907, and 6001 through 6006, and provided that the change is the result of a fabric-making process. 6501......................... (1) If the good consists of two or more components, a change to heading 6501 from any other heading, provided that the change is the result of the good being wholly assembled in a single country, territory, or insular possession. (2) If the good does not consist of two or more components, a change to heading 6501 from any other heading, except from heading 5602, and provided that the change is the result of a fabric-making process. 6502......................... (1) If the good consists of two or more components, a change to heading 6502 from any other heading, provided that the change is the result of the good being wholly assembled in a single country, territory, or insular possession. (2) If the good does not consist of two or more components, a change to heading 6502 from any other heading, except from heading 5007, 5111 through 5113, 5208 through 5212, 5407 through 5408, 5512 through 5516, 5602 through 5603, 5608, 5801 through 5804, 5806, 5808 through 5810, 5903, 5906 through 5907, and 6001 through 6006, and provided that the change is the result of a fabric-making process. 6503......................... (1) If the good consists of two or more components, a change to heading 6503 from any other heading, provided that the change is the result of the good being wholly assembled in a single country, territory, or insular possession. (2) If the good does not consist of two or more components, a change to heading 6503 from any other heading, except from heading 5602, and provided that the change is the result of a fabric-making process. 6504......................... (1) If the good consists of two or more components, a change to heading 6504

from any other heading, provided that the change is the result of the good being wholly assembled in a single country, territory, or insular possession. (2) If the good does not consist of two or more components, a change to heading 6504 from any other heading, except from heading 5007, 5111 through 5113, 5208 through 5212, 5407 through 5408, 5512 through 5516, 5602 through 5603, 5608, 5801 through 5804, 5806, 5808 through 5810, 5903, 5906 through 5907, and 6001 through 6006, and provided that the change is the result of a fabric-making process. 6505.90...................... (1) If the good consists of two or more components, a change to subheading 6505.90 from any other heading, provided that the change is the result of the good being wholly assembled in a single country, territory, or insular possession. (2) If the good does not consist of two or more components, a change to subheading 6505.90 from any other heading, except from heading 5007, 5111 through 5113, 5208 through 5212, 5407 through 5408, 5512 through 5516, 5602 through 5603, 5608, 5801 through 5804, 5806, 5808 through 5811, 5903, 5906 through 5907, and 6001 through 6006, and provided that the change is the result of a fabric-making process. 6601.10-6601.91.............. A change to subheading 6601.10 through 6601.91 from any other heading, provided that the change is the result of the good being wholly assembled in a single country, territory, or insular possession. 7019.19.15................... (1) If the good is of filaments, a change to subheading 7019.19.15 from any other heading, provided that the change is the result of an extrusion process. (2) If the good is of staple fibers, a change to subheading 7019.19.15 from any other subheading, except from subheading 7019.19.30 through 7019.19.90, 7019.31.00 through 7019.39.50, and 7019.90, and provided that the change is the result of a spinning process. 7019.19.28................... (1) If the good is of filaments, a change to subheading 7019.19.28 from any other

heading, provided that the change is the result of an extrusion process. (2) If the good is of staple fibers, a change to subheading 7019.19.28 from any other subheading, except from subheading 7019.19.30 through 7019.19.90, 7019.31.00 through 7019.39.50, and 7019.90, and provided that the change is the result of a spinning process. 7019.40-7019.59.............. A change to subheading 7019.40 through 7019.59 from any other subheading, provided that the change is the result of a fabric-making process. 8708.21...................... (1) For seat belts not combined with nontextile components, a change to subheading 8708.21 from any other heading, except from heading 5007, 5111 through 5113, 5208 through 5212, 5309 through 5311, 5407 through 5408, and 5512 through 5516, and provided that the change is the result of a fabric-making process. (2) For seat belts combined with nontextile components, a change to an assembled good of subheading 8708.21 from unassembled components, provided that the change is the result of the good being wholly assembled in a single country, territory, or insular possession. 8804......................... (1) If the good consists of two or more component parts, a change to an assembled good of heading 8804 from unassembled components, provided that the change is the result of the good being wholly assembled in a single country, territory, or insular possession. (2) If the good does not consist of two or more component parts, a change to heading 8804 from any other heading, except from heading 5007, 5111 through 5113, 5208 through 5212, 5309 through 5311, 5407 through 5408, 5512 through 5516, 5603, 5801 through 5804, 5806, 5809 through 5811, 5903, 5906 through 5907, and 6001 through 6006, and subheading 6307.90, and provided that the change is the result of a fabric- making process. 9113.90.40................... (1) If the good consists of two or more component parts, a change to an assembled good of subheading 9113.90.40

from unassembled components, provided that the change is the result of the good being wholly assembled in a single country, territory, or insular possession. [[Page 480]] (2) If the good does not consist of two or more component parts, a change to subheading 9113.90.40 from any other heading, except from heading 5007, 5111 through 5113, 5208 through 5212, 5309 through 5311, 5407 through 5408, 5512 through 5516, 5603, 5801 through 5802, 5806, 5809, 5903, 5906 through 5907, and 6001 through 6006, and subheading 6307.90, and provided that the change is the result of a fabric-making process. 9404.90...................... Except for goods of subheading 9404.90 provided for in paragraph (e)(2) of this section, the country of origin of a good classifiable under subheading 9404.90 is the country, territory, or insular possession in which the fabric comprising the good was formed by a fabric-making process. 9502.91...................... A change to an assembled good of subheading 9502.91 from unassembled components, provided that the change is the result of the good being wholly assembled in a single country, territory, or insular possession. 9612.10.9010................. A change to subheading 9612.10.9010 from any other heading, except from heading 5007, 5111 through 5113, 5208 through 5212, 5309 through 5311, 5407 through 5408, 5512 through 5516, 5603, 5806, 5903, 5906 through 5907, and 6002 through 6006, and provided that the change is the result of a fabric-making process. ------------------------------------------------------------------------ (2) For goods of HTSUS headings 6213 and 6214 and HTSUS subheadings 6117.10, 6302.22, 6302.29, 6302.52, 6302.53, 6302.59, 6302.92, 6302.93, 6302.99, 6303.92, 6303.99, 6304.19, 6304.93, 6304.99, 9404.90.85 and 9404.90.95, except for goods classified under those headings or subheadings as of cotton or of wool or consisting of fiber blends containing 16 percent or more by weight of cotton: (i) The country of origin of the good is the country, territory, or insular possession in which the fabric comprising the good was both dyed

and printed when accompanied by two or more of the following finishing operations: bleaching, shrinking, fulling, napping, decating, permanent stiffening, weighting, permanent embossing, or moireing; (ii) If the country of origin cannot be determined under paragraph (e)(2)(i) of this section, except for goods of HTSUS subheading 6117.10 that are knit to shape or consist of two or more component parts, the country of origin is the country, territory, or insular possession in which the fabric comprising the good was formed by a fabric-making process; or (iii) For goods of HTSUS subheading 6117.10 that are knit to shape or consist of two or more component parts, if the country of origin cannot be determined under paragraph (e)(2)(i) of this section: (A) If the good is knit to shape, the country of origin of the good is the country, territory, or insular possession in which a change to HTSUS subheading 6117.10 from yarn occurs, provided that the knit to shape components are knit in a single country, territory, or insular possession; or (B) If the good is not knit to shape and consists of two or more component parts, the country of origin of the good is the country, territory, or insular possession in which a change to an assembled good of HTSUS subheading 6117.10 from unassembled components occurs, provided that the change is the result of the good being wholly assembled in a single country, territory, or insular possession. [T.D. 95-69, 60 FR 46197, Sept. 5, 1995, as amended by T.D. 96-56, 61 FR 37818, July 22, 1996; T.D. 99-64, 64 FR 43266, Aug. 10, 1999; T.D. 01- 36, 66 FR 21661, May 1, 2001; 66 FR 23981, May 10, 2001; T.D. 02-47, 67 FR 51752, Aug. 9, 2002; T.D. 03-08, 68 FR 8713, Feb. 25, 2003]