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, guarantee 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 executed this day of

19--, at

(State or territory)

[Impression of corporate seal, if corporation.]

State of

County of

On this

(City)

Name under which business is conducted.

Signature of proprietor, partner, or authorized official.)

EXECUTION

SS

day of

setting forth on the invoice or other paper covering the marketing or handling of the product guaranteed the following:

Continuing guaranty under the Textile Fiber Products Identification Act filled 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. § 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 written records showing the fiber content as required by the Act of all such textile fiber products made by such manufacturer.

The records so maintained shall show: (1) The percentage of each fiber placed in each style, lot, or description, as applicable to the textile fiber products of such manufacturer in the form of a fiber, yarn, fabric, or other form; and

(2) Such numbers, information, marks, or descriptions as will identify the said records with the respective textile fiber products to which they relate. Manufacturers shall also keep and maintain as records under the Act all purchase and sales invoices, purchase and sales contracts, labels, manufacturing contracts, orders, or duplicate copies thereof; and factory records, business correspondence, and other pertinent documents and data applicable to the purchase, receipt, use, and disposition of all raw stocks, fiber, yarn, fabric, or other manufactured materials obtained by the manufacturer.

(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.

§ 303.40 Use of terms in written advertisements which imply presence of a fiber.

The use of terms in written advertisements which are descriptive of a method of manufacture, construction, or weave, and which by custom and usage are also indicative of a textile fiber or fibers, or the use of terms in such advertisements which 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 advertisements.

as

§ 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.

(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.

§ 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 per centum or more of the total fiber weight of the product together with any fibers disclosed in accordance with paragraph (b) of § 303.3 (Rule 3) shall apEpear 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 be present.

(b) Non-required information or representations shall in no way be false, E 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 F.R. 4480, June 2, 1959, as amended at 30 F.R. 14254, Nov. 13, 1965; 30 F.R. 15313, Dec. 11, 1965]

§ 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."

§ 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.

§ 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;

66-034-72-31

(xiv) Products subject to section 4 (h) of the Act;

(xv) Flags with heading or more than 216 square inches 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 inIclude 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 subparagraph (6) of paragraph (a) 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. 701) [24 F.R. 4480, June 2, 1959, as amended at 25 FR. 4318, May 14, 1960; 25 FR. 7044, July 26, 1960; 29 F.R. 48, Jan. 3, 1964]

PART 310-QUANTITY LIMIT RULES
UNDER SECTION 2(a) OF THE
CLAYTON ACT AS AMENDED BY
THE ROBINSON-PATMAN ACT
§ 310.1

Quantity-Limit Rule 203-1, to fix and establish a quantity limit as to replacement tires and tubes made of natural or synthetic rubber for use on motor vehicles as a class of commodity.

The quantity limit as to replacement tires and tubes made of natural or synthetic rubber for use on motor vehicles as a class of commodity is twenty thousand (20,000) pounds ordered at one time for delivery at one time.

(Sec. 6, 38 Stat. 721, sec. 2, 49 Stat. 1526; 15 U.S.C. 46, 13) [17 F.R. 113, Jan. 4, 1952]

§ 400.1 The Rule.

(a) The Commission finds that: (1) Manufacturers and distributors have engaged in the practice of selling sleeping bags in commerce, as "commerce" is defined in the Federal Trade Commission Act, marked as to "cut size," 1.e. the dimensions of the material used in making such sleeping bags, without disclosing the size of the finished products; (2) this practice has the tendency and capacity (1) to mislead and deceive purchasers into believing that the “cut size” represents the actual dimensions of the finished products, whereas the finished size of sleeping bags is in fact substantially smaller than the "cut size" of the materials from which they are made, a matter of primary importance to the consumer, and (ii) to divert business from competitors who clearly disclose I the finished size of their sleeping bags; Iand that, therefore, (3) this practice I constitutes an unfair method of competition in commerce, and an unfair and deceptive act or practice in commerce, in violation of section 5 of the Federal I Trade Commission Act.

Commission

(b) Accordingly, the hereby promulgates, as a Trade Regulation Rule, its findings and determination that in connection with the sale or offering for sale of sleeping bags, any representation of the "cut size" or the E dimensions of materials used in the construction of sleeping bags, in advertising, labeling, marking or otherwise, constitutes an unfair method of competition and an unfair and deceptive act or practice, unless

(1) The dimensions of the cut size are accurate measurements of the yard goods used in construction of the sleeping bags; and

(2) Such "cut size" dimensions are accompanied by the words "cut size";

and

(3) The "cut size" is accompanied by a clear and conspicuous disclosure of the length and width of the finished products and by an explanation that such dimensions constitute the finished size.

Example. An example of proper size marking when the product has a finished size of 33" x 68" and a cut size of 36" x 72",

and disclosure is made of the cut size, isFinished size 33" x 68"; cut size 36" x 72". (38 Stat. 717, as amended; 15 U.S.O. 41-58) [28 FR. 10900, Oct. 11, 1963]

(a) The terms "automatic," "fully automatic," "automatic zig-zag sewing machine," and other words and expressions of similar import as well as illustrations and depictions indicative of automaticity have been widely used in labeling and advertising by manufacturers, distributors, and retailers as descriptive of the overall functions or operations of household electric sewing machines, in the sale of such machines in commerce, as "commerce" is defined in the Federal Trade Commission Act. Such terms, illustrations, and depictions have similarly been used to describe the function or operation of specific attachments or components of household electric sewing machines, which after activation and by self-operation, without human intervention, will perform the mechanical function or operation indicated by its descriptive name or term.

(b) "Automatic' means self-operating or self-regulating. Consumers therefore are led to believe that once activated, a sewing machine so described or depicted will operate mechanically without intervening human effort. However, no household electric sewing machine is automatic or self-operating in its entirety or as to its overall functions or operations, since all require considerable control, skill, knowledge, and personal intervention by the operator to achieve satisfactory results. Sewing machines,