[Federal Register: December 1, 2000 (Volume 65, Number 232)]
[Rules and Regulations]
[Page 75154-75158]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr01de00-2]
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FEDERAL TRADE COMMISSION
16 CFR Parts 300 and 303
Rules and Regulations Under the Textile Fiber Products
Identification Act; Rules and Regulations Under the Wool Products
Labeling Act of 1939
AGENCY: Federal Trade Commission.
ACTION: Final rule.
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SUMMARY: The Federal Trade Commission (FTC or Commission) amends the
Rules and Regulations under the Textile Fiber Products Identification
Act (Textile Rules) to revise the form for Application for a Registered
Identification Number (``RN'') in order to facilitate receiving
applications electronically; incorporate by reference the generic fiber
names and definitions for manufactured fibers in International
Organization for Standardization standard ISO 2076: 1999(E),
``Textiles--Man-mad fibres--Generic names;'' clarify origin labeling
[[Page 75155]]
requirements for products made in the U.S. and assembled or finished
abroad or products manufactured abroad of U.S. fabric; and correct a
typographical error. The Commission amends the Rules and Regulations
under the Wool Products Labeling Act of 1939 (Wool Rules) to clarify
that only one RN will be granted to a qualifying firm; and clarify the
origin labeling requirements for products made in the U.S. and
assembled or finished abroad or products manufactured abroad of U.S.
fabric. Because these amendments are technical and non-substantive, the
Commission finds that notice and comment are not required. For this
reason, the requirements of the Regulatory Flexibility Act also do not
apply.
DATES: The rules are effective on December 1, 2000. The incorporation
by reference of certain publications in this rule is approved by the
Director of the Federal Register as of December 1, 2000.
ADDRESS: Requests for copies of this document should be sent to the
Consumer Response Center, Room 202, Federal Trade Commission, 600
Pennsylvania Avenue, NW., Washington, DC 20580. The notice announcing
the amendments is available on the Internet at the Commission's
website: http://www.ftc.gov.
FOR FURTHER INFORMATION CONTACT: Stephen Ecklund, Senior Investigator,
(202) 326-2841, secklund@ftc.gov, or Faith Vieno, Paralegal Specialist,
(202) 326-2299, fvieno@ftc.gov, Division of Enforcement, Bureau of
Consumer Protection, Federal Trade Commission, 600 Pennsylvania Avenue
NW., Washington, DC 20580.
SUPPLEMENTARY INFORMATION:
I. Background
The Textile Fiber Products Identification Act (Textile Act), 15
U.S.C. 70, requires manufacturers and sellers of covered textile
products to mark each product with: (1) The generic names and
percentages by weight of the constituent fibers present in the product,
in the order of predominance by weight; (2) the name under which the
manufacturer or other responsible company does business or, in lieu
thereof, the RN issued to the company by the Commission; and (3) the
name of the country where the product was processed or manufactured.
Pursuant to section 7(c) of the Textile Act, 15 U.S.C. 70e(c), the
Commission has issued implementing regulations, the Textile Rules, 16
CFR Part 303. Similar information is required pursuant to the Wool
Products Labeling Act (Wool Act), 15 U.S.C. 68, and the Fur Products
Labeling Act (Fur Act), 15 U.S.C. 69. Implementing rules under those
statutes are found at 16 CFR Part 300 (Wool Rules) and 16 CFR Part 301
(Rules and Regulations under the Fur Products Labeling Act).
II. Registered Identification Numbers Issued by the Commission
Pursuant to its Rules, the Commission issues RNs to qualified
applicants, i.e., those who manufacture or market textile, wool or fur
products covered by the labeling requirements and who reside in the
U.S.\1\ In the past, applicants were required to submit RN applications
to the Commission by mail or fax on the form that appears at 16 CFR
303.20(d).\2\ The Commission now has the capability to receive
applications and updates to applications online at its website, http://
www.ftc.gov. Therefore, it is amending the application form in order to
facilitate the online application process. The requirement for a
signature, line 8 of the form, is eliminated. The online form will
require entry of the name of a responsible official who certifies, in
making the application, that the business is eligible for the RN by
virtue of residing in the U.S. and manufacturing or marketing a product
covered by one of the three labeling statutes. Other minor changes to
the application form have been made to facilitate the process. The
online application will require the same information as the printed
application, although it necessarily will appear in a different format.
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\1\ 16 CFR 303.20, 16 CFR 300.4, 16 CFR 301.26.
\2\ The Wool and Fur Labeling Rules cross-reference the form
that appears in the Textile Rules. See, 16 CFR 300.4(e) and 16 CFR
301.26(d).
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An amendment to section 300.4(b) of the Wool Rules clarifies that a
qualified applicant will be assigned only one RN, which may be used for
the labeling of any products covered by the Textile, Wool, or Fur Acts.
In the past, the Commission did, on occasion, assign more than one RN
to a particular company; however, it ceased this practice a number of
years ago. Therefore, this section is amended, consistent with current
RN procedures, by removing a clause that refers to assignment of
multiple numbers.
The Commission's RN database is available on the FTC's Internet
website. Businesses are urged to use this service to check whether the
information concerning their RN is current and, if necessary, update
the information. Updating an application also can be accomplished
online.
III. Recognition of ISO Standard for Generic Fiber Names
In 1998, the Commission amended the Textile Rules to incorporate by
reference the generic fiber names and definitions for manufactured
fibers in ISO 2076: 1989, ``Textiles--Man-made fibres--Generic names.''
\3\ The Commission noted that a revision of ISO 2076 was under
consideration at that time and stated that when the revised standard
was finalized, it would amend the Textile Rules to reference that
revised standard. The revised ISO standard was finalized in 1999;
therefore, the Commission amends the Textile Rules to incorporate the
new standard.
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\3\ 63 FR 7508, 7510-11 (Feb. 13, 1998).
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IV. Clarification of Country of Origin Disclosure Requirements
The Textile and Wool Acts require that covered products be labeled
to show the country of origin, whether domestic or foreign.\4\ The
Commission's Rules implement the statutory requirement, explain how it
applies to products made in part in the U.S. and in part in another
country, and provide examples of proper labeling.\5\
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\4\ 15 U.S.C. 70b(b)(4) & (5); 15 U.S.C. 68b(e).
\5\ 16 CFR 303.33; 16 CFR 300.25.
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Imported products must name the country where they were
manufactured or processed. Products made in the U.S. of materials also
made in the U.S. should be labeled as ``Made in USA,'' or words to that
effect. Products made in the U.S. of imported materials should disclose
both the U.S. manufacturing and the imported component--for example,
``Made in USA of imported fabric'' or ``Knitted in USA of imported
yarn.'' Similarly, products partially manufactured in a foreign country
and partially manufactured in the U.S. should be labeled to show the
manufacturing process in both the foreign country and the U.S.--for
example, ``Imported cloth, finished in USA,'' ``Sewn in USA of imported
components,'' or ``Made in [foreign country], finished in USA.'' The
same disclosure principle applies to products manufactured abroad of
fabric made in the U.S., or products assembled abroad of components
manufactured in the U.S. Therefore, the Commission is revising section
303.33(a)(4)(i) of the Textile Rules and section 300.25(a)(4)(i) of the
Wool Rules to add examples covering these latter situations. For
example, a product manufactured abroad of U.S. fabric could be labeled
``Made in [Foreign Country]/fabric made in USA'' or simply ``Made in
[Foreign Country] of US fabric.'' A garment that is assembled or
finished abroad of components made
[[Page 75156]]
in the USA could be labeled, for example: ``Knit in USA, assembled in
[Foreign Country],'' or words to that effect.\6\
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\6\ Minimal foreign processing that does not alter the basic
identity or character of the product would not have to be disclosed
under this provision. For example, a product made in the U.S. then
sent abroad for a minor finishing process, such as washing, dyeing,
pressing, application of ink designs, adding buttons, repairs or
alterations, tagging or labeling, etc., could be labeled simply
``Made in USA.'' See, Comment of the FTC before the Dept. of
Treasury, Customs Service, ``In the Matter of Country of Origin
Marking Rules for Textiles and Textile Products Advanced in Value,
Improved in Condition, or Assembled Abroad,'' Dec. 18, 1998. (This
comment is available online at http://www.ftc.gov/os/statutes/
textilejump.htm.)
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List of Subjects in 16 CFR Parts 300 and 303
Incorporation by reference, Labeling, Textile fiber products
identification, Trade Practices, Wool products.
For the reasons set forth above, the Commission amends 16 CFR Part
300 and 16 CFR Part 303, as follows:
PART 300--RULES AND REGULATIONS UNDER THE WOOL PRODUCTS LABELING
ACT OF 1939
1. The authority citation for Part 300 continues to read as
follows:
Authority: 15 U.S.C. 68 et seq. and 15 U.S.C. 70 et seq.
2. Section 300.4(b) is revised to read as follows:
Sec. 300.4 Registered identification numbers.
* * * * *
(b) Any manufacturer of a wool product or person subject to section
3 of the Act with respect to such wool product, residing in the United
States, may apply to the Federal Trade Commission for a registered
identification number for use by the applicant on the stamp, tag,
label, or other mark of identification required under the Act.
3. Section 300.25(a)(4)(i) is revised to read as follows:
Sec. 300.25 Country where wool products are processed or manufactured.
(a) * * *
(4) * * *
(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
Knit in USA, assembled in [Foreign Country].
PART 303--RULES AND REGULATIONS UNDER THE TEXTILE FIBER PRODUCTS
IDENTIFICATION ACT
1. The authority citation for Part 303 continues to read as
follows:
Authority: 15 U.S.C. 70 et seq.
2. Section 303.5(a) is revised to read as follows:
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.
3. The first sentence of section 303.7 is revised to read as
follows:
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.'' * * *
* * * * *
4. Section 303.20(d) is revised to read as follows:
Sec. 303.20 Registered identified numbers.
* * * * *
(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):
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[GRAPHIC] [TIFF OMITTED] TR01DE00.024
[[Page 75158]]
5. Section 303.33(a)(4)(i) is revised to read as follows:
Sec. 303.33 Country where textile fiber products are processed or
manufactured.
(a) * * *
(4) * * *
(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
Knit in USA, assembled in [Foreign Country].
By direction of the Commission.
Donald S. Clark,
Secretary.
[FR Doc. 00-29470 Filed 11-30-00; 8:45 am]
BILLING CODE 6750-01-M