Textile, Wool, and Fur Acts

Friday February 13, 1998 Part II Federal Trade Commission 16 CFR Parts 1, 300, 301, and 303 Textile Fiber Products Identification Act, the Wool Products Labeling Act, and the Fur Products Labeling Act; Final Rule federal register 7507 7508 Federal Register / Vol. 63, No. 30 / Friday, February 13, 1998 / Rules and Regulations FEDERAL TRADE COMMISSION Finally, the Commission removes U.S.C. 69f(b), the Commission has Subpart D from its General Procedures. issued implementing regulations, the 16 CFR Parts 1, 300, 301, and 303 DATES: The amended Rules are effective Textile Rules, 16 CFR Part 303; the on March 16, 1998. The incorporation Wool Rules, 16 CFR Part 300; and the Rules and Regulations Under the by reference of the ISO standard is Fur Rules, 16 CFR Part 301, Textile Fiber Products Identification approved by the Director of the Federal respectively. Act, the Wool Products Labeling Act, Register as of March 16, 1998. On February 12, 1996, the and the Fur Products Labeling Act ADDRESS: Requests for copies of the Commission published a Notice of AGENCY: Federal Trade Commission. amended Rules should be sent to the Proposed Rulemaking requesting public comment on various possible ACTION: Final rule. Public Reference Branch, Room 130, Federal Trade Commission, amendments to the Textile Rules SUMMARY: The Federal Trade Washington, DC 20580. (Textile NPR) (61 FR 5340). On Commission (Commission or FTC) FOR FURTHER INFORMATION CONTACT: December 24, 1996, the Commission amends the Rules and Regulations Edwin Rodriguez, Attorney, Division of published two Notices of Proposed Under the Textile Fiber Products Enforcement, Federal Trade Rulemaking, requesting public comment Identification Act (Textile Rules); the Commission, Sixth St. & Pennsylvania on various possible amendments to the Rules and Regulations under the Wool Ave., NW, Washington, DC 20580 (202) Wool Rules (Wool NPR) (61 FR 67739) Products Labeling Act (Wool Rules); the 326±3147, or Bret S. Smart, Program and the Fur Rules (Fur NPR) (61 FR Rules and Regulations under the Fur Advisor, Los Angeles Regional Office, 67748). The 1996 NPRs followed a May Products Labeling Act (Fur Rules); and Federal Trade Commission, 10877 6, 1994 request for comments issued as General Procedures, Subpart D, Wilshire Blvd., Suite 700, Los Angeles, part of the FTC's ongoing regulatory Administration of the Wool Products CA 90024 (310) 824±4314. review program (59 FR 23645±46). In this notice, the Commission announces Labeling Act of 1939, Fur Products SUPPLEMENTARY INFORMATION: Labeling Act, and Textile Fiber Products several amendments to the Textile, Identification Act. I. Background Wool, and Fur Rules, adopted as a result The Commission amends the Textile The Textile Fiber Products of those prior proceedings. The and Wool Rules to: Allow the listing of Identification Act (Textile Act), 15 comments, described below, are on the generic fiber names for fibers that have U.S.C. 70, and the Wool Products public record and available for a functional significance and constitute Labeling Act (Wool Act), 15 U.S.C. 68, inspection during business hours in the less than 5% of the total fiber weight of require marketers of covered textile and Public Reference Branch, Room 130, covered products, without requiring wool products to mark each product Federal Trade Commission, Sixth St. disclosure of the functional significance with: (1) The generic names and and Pennsylvania Ave., N.W., of such fibers; eliminate the requirement percentages by weight of the constituent Washington, DC 20580. The comments that the front side of a label bear the fibers present in the product, in the are cited in this notice by number and words ``Fiber Content on Reverse Side'' order of predominance by weight; (2) a shortened form of the name of the when the fiber content disclosure is on the name under which the manufacturer commenting party. the back of the label; streamline and or other responsible company does In response to the Textile NPR, 24 simplify the requirements for placing business or, in lieu thereof, the RN comments were filed by 23 parties, information on labels; incorporate by issued to the company by the including manufacturers, trade reference the generic fiber names and Commission; and (3) the name of the associations, and governmental 1 definitions for manufactured fibers in country where the product was entities. In response to the Wool NPR, International Organization for processed or manufactured. The Fur nine comments were filed by eight trade Standardization (ISO) Standard 2076: Products Labeling Act (Fur Act), 15 associations and governmental entities, 1989, ``TextilesÐMan-made fibresÐ U.S.C. 69, requires marketers of covered six of which had also responded to the Generic names''; and modify the fur products to mark each product to 1 The parties commenting on the Textile NPR are definitions of terms such as ``mail order show: (1) the name of the animal that listed below, with the number assigned to each catalog,'' ``mail order promotional produced the fur; (2) that the fur comment by the Office of the Secretary and a material,'' and ``invoice,'' to include product contains or is composed of used shortened form of the name used to cite to the those generated and disseminated fur, when such is the fact; (3) that the comment hereafter: (1) The Polyester Council of America (PCA); (2) Association of Specialists in electronically through the Internet or E- fur product contains or is composed of Cleaning and Restoration (ASCR); (3) American mail. bleached, dyed, or otherwise artificially Fiber Manufacturers Association (AFMA); (4) The Wool Rules have been modified colored fur, when such is the fact; (4) Monsanto Company (Monsanto); (5) American to add examples of fiber labeling for that the fur product is composed in Polyolefin Association, Inc. (APA); (6) National Association of Hosiery Manufacturers (NAHM); (7) articles made from the hair of certain whole or in substantial part of paws, J.C. Penney; (8) Ross & Hardies; (9) United States cross-bred, wool-bearing animals. In tails, bellies, or waste fur, when such is Association of Importers of Textiles and Apparel addition, the Commission amends the the fact; (5) the name under which the (USA±ITA); (10) Wrangler, Inc. (Wrangler); (11) Textile, Wool, and Fur Rules to specify manufacturer or other responsible Acrylic Council (Acrylic); (12) American Textile Manufacturers Institute (ATMI); (13) Fruit of the that a Commission registered company does business or, in lieu Loom; (14) Department of the Treasury, U.S. identification number (RN) will be thereof, the RN issued to the company Customs Service (Customs); (15) Courtaulds Fibers, subject to cancellation if, after a change by the Commission; and (6) the name of Inc. (Courtaulds); (16) Cotton Incorporated (Cotton); in the material information contained the country of origin of any imported (17) American Apparel Manufacturers Association (AAMA); (18) Mexico, Subsecretaria de on the RN application, a new furs used in the fur product. The Negociaciones Comerciales Internacionales application that reflects current Textile, Wool, and Fur Acts also contain (Mexico); (19) Pillowtex Corporation (Pillowtex); business information is not promptly advertising and recordkeeping (20) National Cotton Council of America (NCCA); received by the Commission. The provisions. Pursuant to section 7(c) of (21) Courtaulds Fibers, Inc. (Courtaulds 2); (22) Pittsfield Weaving Company, Inc. (Pittsfield); (23) Commission amends the Fur Rules to the Textile Act, 15 U.S.C. 70e(c); section Industry Canada Consumer Products Directorate increase the cost figure for exemption 6(a) of the Wool Act, 15 U.S.C. 68d(a); (Industry Canada); (24) Senator Strom Thurmond from the Rules from $20 to $150. and section 8(b) of the Fur Act, 15 (Sen. Thurmond). Federal Register / Vol. 63, No. 30 / Friday, February 13, 1998 / Rules and Regulations 7509 Textile NPR.2 One comment was filed in (for example, ``4% spandex, for information would be beneficial to response to the Fur NPR.3 elasticity''). Section 3(b) of the Wool consumers. Rules, 16 CFR 300.3(b), contains a II. Fiber Content Identification Labeling A few comments also recommended similar provision for non-wool fibers in that the Commission amend the Rules to A. Fibers Present in Amounts of Less a wool product. The Commission allow the listing of names of non-wool Than 5% proposed amending both Rules to fibers with no functional significance Under the Textile and Wool Acts, a permit the use of generic fiber names for and present in amounts less than 5%.12 covered product is misbranded if it does fibers that have a functional significance Because the prohibition on naming not show on a stamp, tag, label or by and are present in amounts less than these fibers is statutory, however, the other means the generic name and 5%, without requiring disclosure of the Commission cannot adopt the suggested percentage of each fiber or combination functional significance. amendment. The Commission will Many comments supported the consider whether to recommend that of fibers present in the amount of 5% or 7 more of the total fiber weight of the Commission's proposed amendment, Congress amend the Textile and Wool stating that it would benefit both product.4 The Textile Act permits the Acts in this manner.13 consumers and businesses by making use of a generic fiber name for a fiber labels shorter.8 Two comments in The Wool Rules also have been present in an amount less than 5% only response to the Wool NPR opposed the amended to add a definition of the term when the fiber has a clearly established amendment,9 asserting that it could ``trimmings.'' Section 300.24 of the and definite functional significance result in consumer confusion and even Rules (redesignated herein as § 300.23) when present in the amount contained deception as to the value of small refers to ``trimmings,'' which, if they do in the textile product.5 When such a amounts of certain fibers in a garment.10 not contain wool, are generally exempt fiber or combination of fibers does not The Commission has decided to from the fiber content disclosure have a functional significance, it must amend the Textile and Wool Rules by requirement.

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