§ 301.48a 16 CFR Ch. I (1–1–15 Edition)

setting forth on the invoice or other 303.10 Fiber content of special types of prod- document covering the marketing or ucts. handling of the product guaranteed the 303.11 Floor coverings containing backings, following: ‘‘Continuing guaranty under fillings, and paddings. 303.12 Trimmings of household arti- the Fur Products Labeling Act filed cles. with the Federal Trade Commission.’’ 303.13 Sale of remnants and products made (c) Any person who falsely represents of remnants. in writing that he has a continuing 303.14 Products containing unknown fibers. guaranty on file with the Federal 303.15 Required label and method of Trade Commission when such is not a affixing. fact shall be deemed to have furnished 303.16 Arrangement and disclosure of infor- mation on labels. a false guaranty under section 10(b) of 303.17 Use of fiber trademarks and generic the Act. names on labels. [26 FR 3188, Apr. 14, 1961, as amended at 48 303.18 Terms implying fibers not present. FR 12517, Mar. 25, 1983; 63 FR 7517, Feb. 13, 303.19 Name or other identification required 1998; 63 FR 71583, Dec. 28, 1998; 79 FR 30458, to appear on labels. May 28, 2014] 303.20 Registered identification numbers. 303.21 Marking of samples, swatches, or § 301.48a Guaranties not received in specimens and products sold therefrom. good faith. 303.22 Products containing linings, inter- linings, fillings, and paddings. A guaranty shall not be deemed to 303.23 Textile fiber products containing su- have been received in good faith within perimposed or added fibers. the meaning of section 10(a) of the Act: 303.24 Pile fabrics and products composed (a) Unless the recipient of such guar- thereof. 303.25 Sectional disclosure of content. anty shall have examined the required 303.26 Ornamentation. label, required invoice and advertise- 303.27 Use of the term ‘‘All’’ or ‘‘100%.’’ ment relating to the fur product or fur 303.28 Products contained in packages. so guaranteed; 303.29 Labeling of pairs or products con- (b) If the recipient of the guaranty taining two or more units. has knowledge that the fur or fur prod- 303.30 Textile fiber products in form for con- uct guaranteed is misbranded, falsely sumer. invoiced or falsely advertised. 303.31 Invoice in lieu of label. 303.32 Products containing reused stuffing. [26 FR 3188, Apr. 14, 1961] 303.33 Country where textile fiber products are processed or manufactured. § 301.49 Deception in general. 303.34 Country of origin in mail order adver- tising. No furs nor fur products shall be la- 303.35 Use of terms ‘‘virgin’’ or ‘‘new.’’ beled, invoiced, or advertised in any 303.36 Form of separate guaranty. manner which is false, misleading or 303.37 Form of continuing guaranty from deceptive in any respect. seller to buyer. 303.38 Continuing guaranty filed with Fed- eral Trade Commission. PART 303—RULES AND REGULA- 303.39 Maintenance of records. TIONS UNDER THE TEXTILE FIBER 303.40 Use of terms in written advertise- PRODUCTS IDENTIFICATION ACT ments that imply presence of a fiber. 303.41 Use of fiber trademarks and generic Sec. names in advertising. 303.1 Terms defined. 303.42 Arrangement of information in adver- tising textile fiber products. 303.2 General requirements. 303.43 Fiber content tolerances. 303.3 Fibers present in amounts of less than 303.44 Products not intended for uses sub- 5 percent. ject to the act. 303.4 English language requirement. 303.45 Exclusions from the act. 303.5 Abbreviations, ditto marks, and aster- isks prohibited. AUTHORITY: 15 U.S.C. 70 et seq. 303.6 Generic names of fibers to be used. SOURCE: 24 FR 4480, June 2, 1959, unless oth- 303.7 Generic names and definitions for erwise noted. manufactured fibers. 303.8 Procedure for establishing generic § 303.1 Terms defined. names for manufactured fibers. 303.9 Use of fur-bearing animal names and As used in this part, unless the con- symbols prohibited. text otherwise specifically requires:

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(a) The term Act means the Textile (k) The term beddings means sheets, Fiber Products Identification Act (ap- covers, blankets, comforters, pillows, proved September 2, 1958, 85th Con- pillowcases, quilts, bedspreads, pads, gress, 2d Sess.; 15 U.S.C. 70, 72 Stat. and all other textile fiber products 1717). used or intended to be used on or about (b) The terms rule, rules, regulations, a bed or other place for reclining or and rules and regulations mean the rules sleeping but shall not include fur- and regulations prescribed by the Com- niture, mattresses or box springs. mission pursuant to section 7(c) of the (l) The term headwear means any tex- Act. tile fiber product worn exclusively on (c) The definition of terms contained or about the head or face by individ- in section 2 of the Act shall be applica- uals. ble also to such terms when used in (m) The term backings, when applied rules promulgated under the Act. to floor coverings, means that part of a (d) The term United States means the floor covering to which the pile, face, several States, the District of Colum- or outer surface is woven, tufted, bia, and the Territories and possessions hooked, knitted, or otherwise attached, of the United States. and which provides the structural base (e) The terms required information and of the floor covering. The term backing information required mean such infor- shall also include fabrics attached to mation as is required to be disclosed on the structural base of the floor cov- labels or invoices and in advertising ering in such a way as to form a part of under the Act and regulations. such structural base, but shall not in- (f) The terms label, labels, labeled, and clude the pile, face, or outer surface of labeling mean the stamp, tag, label, or the floor covering or any part thereof. other means of identification, or au- (n) The term elastic material means a thorized substitute therefor, required fabric composed of consisting of to be on or affixed to textile fiber prod- an or a covered elastomer. ucts by the Act and regulations and on (o) The term coated fabric means any which the information required is to fabric which is coated, filled, impreg- appear. nated, or laminated with a continuous- (g) The terms marketing or handling film-forming polymeric composition in and marketed or handled, when applied such a manner that the weight added to textile fiber products, mean any one to the base fabric is at least 35 percent or all of the transactions set forth in of the weight of the fabric before coat- section 3 of the Act. ing, filling, impregnation, or lamina- (h) The terms invoice and invoice or tion. other document mean an account, order, (p) The term upholstered product memorandum, list, or catalog, which is means articles of furniture containing issued to a purchaser, consignee, bail- stuffing and shall include mattresses ee, correspondent, agent, or any other and box springs. person, electronically, in writing, or in (q) The term ornamentation means some other form capable of being read any fibers or imparting a visibly and preserved in a form that is capable discernible or design to a yarn of being accurately reproduced for or fabric. later reference, whether by trans- (r) The term fiber trademark means a mission, printing, or otherwise, in con- word or words used by a person to iden- nection with the marketing or han- tify a particular fiber produced or sold dling of any textile fiber product trans- by him and to distinguish it from fibers ported or delivered to such person. of the same generic class produced or (i) The term outer coverings of fur- sold by others. Such term shall not in- niture, mattresses, and box springs means clude any trade mark, product mark, those coverings as are permanently in- house mark, trade name or other name corporated in such articles. which does not identify a particular (j) The term wearing apparel means fiber. any costume or article of clothing or (s) The term means the fiber covering for any part of the body worn from the fleece of the sheep or lamb or or intended to be worn by individuals. hair of the Angora or Cashmere goat

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(and may include the so-called spe- tions by reason of any statement or cialty fibers from the hair of the omission in such label, invoice, or camel, alpaca, llama, and vicuna) other means of identification utilized which has never been reclaimed from in accordance with his direction: Pro- any woven or felted wool product. vided, That nothing herein shall relieve (t) The term recycled wool means (1) the processor or finisher of any duty or the resulting fiber when wool has been liability to which he may be subject woven or felted into a wool product under the Act and regulations. which, without ever having been uti- lized in any way by the ultimate con- § 303.3 Fibers present in amounts of sumer, subsequently has been made less than 5 percent. into a fibrous state, or (2) the resulting (a) Except as permitted in sections fiber when wool or reprocessed wool 4(b)(1) and 4(b)(2) of the Act, as amend- has been spun, woven, knitted, or ed, no fiber present in the amount of felted into a wool product which, after less than 5 percent of the total fiber having been used in any way by the ul- weight shall be designated by its ge- timate consumer, subsequently has neric name or fiber trademark in dis- been made into a fibrous state. (u) The terms mail order catalog and closing the constituent fibers in re- mail order promotional material mean quired information, but shall be des- any materials, used in the direct sale ignated as ‘‘other fiber.’’ When more or direct offering for sale of textile than one of such fibers are present in a products, that are disseminated to ulti- product, they shall be designated in the mate consumers in print or by elec- aggregate as ‘‘other fibers.’’ Provided, tronic means, other than by broadcast, however, that nothing in this section and that solicit ultimate consumers to shall be construed as prohibiting the purchase such textile products by mail, disclosure of any fiber present in a tex- telephone, electronic mail, or some tile fiber product which has a clearly other method without examining the established and definite functional sig- actual product purchased. nificance when present in the amount contained in such product, as for exam- [24 FR 4480, June 2, 1959, as amended at 45 FR ple: 44263, July 1, 1980; 50 FR 15106, Apr. 17, 1985; 63 FR 7517, Feb. 13, 1998; 79 FR 18770, Apr. 4, 96 percent Acetate 2014] 4 percent Spandex. § 303.2 General requirements. (b) In making such disclosure, all of (a) Each textile fiber product, except the provisions of the Act and regula- those exempted or excluded under sec- tions in this part setting forth the tion 12 of the Act, shall be labeled or manner and form of disclosure of fiber invoiced in conformity with the re- content information, including the pro- quirements of the Act and regulations. visions of §§ 303.17 and 303.41 of this part (b) Any advertising of textile fiber relating to the use of generic names products subject to the Act shall be in and fiber trademarks, shall be applica- conformity with the requirements of ble. the Act and regulations. [63 FR 7518, Feb. 13, 1998] (c) The requirements of the Act and regulations shall not be applicable to § 303.4 English language requirement. products required to be labeled under the Wool Products Labeling Act of 1939 All required information shall be set (Pub. L. 76–850, 15 U.S.C. 68, 54 Stat. out in the English language. If the re- 1128). quired information appears in a lan- (d) Any person marketing or han- guage other than English, it also shall dling textile fiber products who shall appear in the English language. The cause or direct a processor or finisher provisions of this section shall not to label, invoice, or otherwise identify apply to advertisements in foreign lan- any textile fiber product with required guage newspapers or periodicals, but information shall be responsible under such advertising shall in all other re- the Act and regulations for any failure spects comply with the Act and regula- of compliance with the Act and regula- tions.

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§ 303.5 Abbreviations, ditto marks, and amount of 5 per centum or more of the asterisks prohibited. total fiber weight of the textile fiber (a) In disclosing required informa- product and no direct or indirect rep- tion, words or terms shall not be des- resentations are made as to the animal ignated by ditto marks or appear in or animals from which the fiber so des- footnotes referred to by asterisks or ignated was obtained; as for example: other symbols in required information, 60 percent . and shall not be abbreviated except as 40 percent Fur fiber. permitted in § 303.33(e) of this part. or (b) Where the generic name of a tex- tile fiber is required to appear in im- 50 percent Nylon. mediate conjunction with a fiber trade- 30 percent Mink hair. mark in advertising, labeling, or 20 percent Fur fiber. invoicing, a disclosure of the generic (d) Where textile fiber products sub- name by means of a footnote, to which ject to the Act contain (1) wool or (2) reference is made by use of an asterisk recycled wool in amounts of five per or other symbol placed next to the centum or more of the total fiber fiber trademark, shall not be sufficient weight, such fibers shall be designated in itself to constitute compliance with and disclosed as wool or recycled wool the Act and regulations. as the case may be. [24 FR 4480, June 2, 1959, as amended at 65 FR [24 FR 4480, June 2, 1959, as amended at 45 FR 75156, Dec. 1, 2000] 44263, July 1, 1980] § 303.6 Generic names of fibers to be used. § 303.7 Generic names and definitions for manufactured fibers. (a) Except where another name is permitted under the Act and regula- Pursuant to the provisions of section tions, the respective generic names of 7(c) of the Act, the Commission hereby all fibers present in the amount of 5 per establishes the generic names for man- centum or more of the total fiber ufactured fibers, together with their weight of the textile fiber product shall respective definitions, set forth in this be used when naming fibers in the re- section, and the generic names for quired information; as for example: manufactured fibers, together with ‘‘cotton,’’ ‘‘rayon,’’ ‘‘silk,’’ ‘‘linen,’’ their respective definitions, set forth in ‘‘nylon,’’ etc. International Organization for Stand- (b) Where a textile fiber product con- ardization ISO 2076:2010(E), ‘‘— tains the hair or fiber of a fur-bearing Man-made fibres—Generic names.’’ animal present in the amount 5 per International Organization for Stand- centum or more of the total fiber ardization ISO 2076:2010(E), ‘‘Textiles— weight of the product, the name of the Man-made fibres—Generic names, Fifth animal producing such fiber may be edition, 2010–01–15 is incorporated by used in setting forth the required infor- reference into this section with the ap- mation, provided the name of such ani- proval of the Director of the Federal mal is used in conjunction with the Register under 5 U.S.C. 552(a) and 1 words ‘‘fiber,’’ ‘‘hair,’’ or ‘‘blend;’’ as CFR part 51. To enforce any edition for example: other than that specified in this sec- tion, the Federal Trade Commission 80 percent Rabbit hair. must publish notice of change in the 20 percent Nylon. FEDERAL REGISTER and the material or must be available to the public. All ap- 80 percent Silk. proved material is available for inspec- 20 percent Mink fiber. tion at the Federal Trade Commission, (c) The term fur fiber may be used to 600 Pennsylvania Ave. NW., Room 130, describe the hair or fur fiber or mix- Washington, DC 20580, (202) 326–2222, tures thereof of any animal or animals and is available from the American Na- other than the sheep, lamb, Angora tional Standards Institute, 11 West goat, Cashmere goat, camel, alpaca, 42nd St., 13th floor, New York, NY llama or vicuna where such hair or fur 10036. It is also available for inspection fiber or mixture is present in the at the National Archives and Records

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Administration (NARA). For informa- ester groups as the dominant func- tion on the availability of this mate- tional unit (at least 85% by weight of rial at NARA, call 202–741–6030, or go the total polymer content of the fiber), to:http://www.archives.gov/ and which, if stretched at least 100%, federallregister/ durably and rapidly reverts substan- codeloflfederallregulations/ tially to its unstretched length when ibrllocations.html. the tension is removed, the term (a) Acrylic. A manufactured fiber in elasterell-p may be used as a generic de- which the fiber-forming substance is scription of the fiber. any long chain synthetic polymer com- posed of at least 85 percent by weight (2) Where the glycol used to form the of acrylonitrile units ester consists of at least ninety mole percent 1,3-propanediol, the term ‘‘triexta’’ may be used as a generic de- scription of the fiber. (d) Rayon.A manufactured fiber com- posed of regenerated cellulose, as well (b) Modacrylic. A manufactured fiber as manufactured fibers composed of re- in which the fiber-forming substance is generated cellulose in which any long chain synthetic polymer com- substituents have replaced not more posed of less than 85 percent but at than 15% of the hydrogens of the least 35 percent by weight of acrylo- hydroxyl groups. Where the fiber is nitrile units composed of cellulose precipitated from an organic solution in which no substitution of the hydroxyl groups takes place and no chemical intermedi- ates are formed, the term lyocell may be used as a generic description of the fiber. except fibers qualifying under para- graph (j)(2) of this section and fibers (e) Acetate. A manufactured fiber in qualifying under paragraph (q) of this which the fiber-forming substance is section. (Sec. 7, 72 Stat. 1717; 15 U.S.C. cellulose acetate. Where not less than section 70e) 92 percent of the hydroxyl groups are (c) . A manufactured fiber in acetylated, the term triacetate may be which the fiber-forming substance is used as a generic description of the any long chain synthetic polymer com- fiber. posed of at least 85% by weight of an (f) Saran. A manufactured fiber in ester of a substituted aromatic car- which the fiber-forming substance is boxylic acid, including but not re- any long chain synthetic polymer com- stricted to substituted terephthalate posed of at least 80 percent by weight units, of vinylidene chloride units (–CH9– CCl2–). (g) Azlon. A manufactured fiber in which the fiber-forming substance is composed of any regenerated naturally occurring proteins. (h) Nytril. A manufactured fiber con- and para substituted hydroxy-benzoate taining at least 85 percent of a long units, chain polymer of vinylidene dinitrile (– CH2–C(CN)2–) where the vinylidene dinitrile content is no less than every other unit in the polymer chain. (i) Nylon. A manufactured fiber in (1) Where the fiber is formed by the which the fiber-forming substance is a interaction of two or more chemically long-chain synthetic polyamide in distinct polymers (of which none ex- which less than 85 percent of the amide ceeds 85% by weight), and contains

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(m) Olefin. A manufactured fiber in which the fiber-forming substance is any long chain synthetic polymer com- posed of at least 85 percent by weight of ethylene, propylene, or other olefin units, except amorphous (noncrys- linkages are attached directly to two talline) polyolefins qualifying under aromatic rings. paragraph (j)(1) of this section [Rule 7]. (j) Rubber. A manufactured fiber in Where the fiber-forming substance is a which the fiber-forming substance is cross-linked synthetic polymer, with comprised of natural or synthetic rub- low but significant crystallinity, com- ber, including the following categories: posed of at least 95 percent by weight (1) A manufactured fiber in which the of ethylene and at least one other fiber-forming substance is a hydro- olefin unit, and the fiber is substan- carbon such as natural rubber, tially elastic and heat resistant, the polyisoprene, polybutadiene, copoly- term lastol may be used as a generic de- mers of dienes and hydrocarbons, or scription of the fiber. amorphous (noncrystalline) (n) Vinyon. A manufactured fiber in polyolefins. which the fiber-forming substance is (2) A manufactured fiber in which the any long chain synthetic polymer com- fiber-forming substance is a copolymer posed of at least 85 percent by weight of acrylonitrile and a diene (such as bu- of vinyl chloride units (–CH2–CHCl–). tadiene) composed of not more than 50 (o) Metallic. A manufactured fiber percent but at least 10 percent by composed of metal, plastic-coated weight of acrylonitrile units 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 The term lastrile may be used as a ge- which the fiber-forming substance is neric description for fibers falling any long chain synthetic polymer com- within this category. posed of at least 50 percent by weight (3) A manufactured fiber in which the of one or more esters of a monohydric fiber-forming substance is a alcohol and acrylic acid, CH2=CH— polychloroprene or a copolymer of COOH. chloroprene in which at least 35 per- (r) Novoloid. A manufactured fiber cent by weight of the fiber-forming containing at least 85 percent by substance is composed of chloroprene weight of a cross-linked novolac. units (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

(k) Spandex. A manufactured fiber in which the fiber-forming substance is a long chain synthetic polymer com- prised of at least 85 percent of a seg- linkages are attached directly to two mented polyurethane. aromatic rings. (l) Vinal. A manufactured fiber in (t) Sulfar. A manufactured fiber in which the fiber-forming substance is which the fiber-forming substance is a any long chain synthetic polymer com- long chain synthetic polysulfide in posed of at least 50 percent by weight which at least 85% of the sulfide (—S— of vinyl alcohol units (–CH2–CHOH–), ) linkages are attached directly to two and in which the total of the vinyl al- (2) aromatic rings. cohol units and any one or more of the (u) PBI. A manufactured fiber in various acetal units is at least 85 per- which the fiber-forming substance is a cent by weight of the fiber. long chain aromatic polymer having

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reoccurring imidazole groups as an in- plication, including technical data in tegral part of the polymer chain. the form of test methods; (v) Elastoester. A manufactured fiber (5) The earliest date on which the ap- in which the fiber-forming substance is plication proposes to market or handle a long-chain synthetic polymer com- the fiber in commerce for other than posed of at least 50% by weight of ali- developmental or testing purposes. phatic polyether and at least 35% by (b) Upon receipt of the application, weight of polyester, as defined in 16 the Commission will, within sixty (60) CFR 303.7(c). days, either deny the application or as- (w) Melamine. A manufactured fiber sign to the fiber a numerical or alpha- in which the fiber-forming substance is betical symbol for temporary use dur- a synthetic polymer composed of at ing further consideration of such appli- least 50% by weight of a cross-linked cation. melamine polymer. (c) After taking the necessary proce- (x) Fluoropolymer. A manufactured dure in consideration of the applica- fiber containing at least 95% of a long- tion, the Commission in due course chain polymer synthesized from ali- shall establish a generic name or ad- phatic fluorocarbon monomers. vise the applicant of its refusal to (y) PLA. A manufactured fiber in grant the application and designate the which the fiber-forming substance is proper existing generic name for the composed of at least 85% by weight of fiber. lactic acid ester units derived from [24 FR 4480, June 2, 1959, as amended at 63 FR naturally occurring sugars. 7518, Feb. 13, 1998] (Sec. 6, 72 Stat. 1717; 15 U.S.C. 70e) § 303.9 Use of fur-bearing animal [24 FR 4480, June 2, 1959; 24 FR 5737, July 17, names and symbols prohibited. 1959] (a) The advertising or the labeling of EDITORIAL NOTE: For FEDERAL REGISTER ci- a textile fiber product shall not con- tations affecting § 303.7, see the List of CFR tain any names, words, depictions, de- Sections Affected, which appears in the scriptive matter, or other symbols Finding Aids section of the printed volume which connote or signify a fur-bearing and at www.fdsys.gov. animal, unless such product or the part thereof in connection with which the § 303.8 Procedure for establishing ge- names, words, depictions, descriptive neric names for manufactured fi- matter, or other symbols are used is a bers. fur product within the meaning of the (a) Prior to the marketing or han- Fur Products Labeling Act. dling of a manufactured fiber for which (b) Subject to the provisions of para- no generic name has been established graph (a) of this section and § 303.6 of or otherwise recognized by the Com- this part, a textile fiber product shall mission, the manufacturer or producer not be described or referred to in any thereof shall file a written application manner in an advertisement or label with the Commission, requesting the with: establishment of a generic name for (1) The name or part of the name of such fiber, stating therein: a fur-bearing animal, whether as a sin- (1) The reasons why the applicant’s gle word or a combination word, or any fiber should not be identified by one of coined word which is phonetically the generic names established by the similar to a fur-bearing animal name, Commission in § 303.7 of this part; or which is only a slight variation in (2) The chemical composition of the spelling of a fur-bearing animal name fiber, including the fiber-forming sub- or part of the name. As for example, stances and respective percentages such terms as ‘‘Ermine,’’ ‘‘Mink,’’ thereof, together with samples of the ‘‘Persian,’’ ‘‘Broadtail,’’ ‘‘Beaverton,’’ fiber; ‘‘Marmink,’’ ‘‘Sablelon,’’ ‘‘Lam,’’ (3) Suggested names for consider- ‘‘Pershian,’’ ‘‘Minx,’’ or similar terms ation as generic, together with a pro- shall not be used. posed definition for the fiber; (2) Any word or name symbolic of a (4) Any other information deemed by fur-bearing animal by reason of con- the applicant to be pertinent to the ap- ventional usage or by reason of its

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close relationship with fur-bearing ani- fiber’’ or ‘‘other fibers’’ appearing last mals. As for example, such terms as when fibers required to be so des- ‘‘guardhair,’’ ‘‘underfur,’’ and ‘‘muta- ignated are present. An example of la- tion,’’ or similar terms, shall not be beling under this paragraph is: used. Front and back non-elastic sections: (c) Nothing contained herein shall 50 percent Acetate. prevent: 50 percent Cotton. (1) The nondeceptive use of animal Elastic: Rayon, cotton, nylon, rubber. names or symbols in referring to a tex- (b) Where drapery or upholstery fab- tile fiber product where the fur of such rics are manufactured on hand-oper- animal is not commonly or commer- ated looms for a particular customer cially used in fur products, as that after the sale of such fabric has been term is defined in the Fur Products La- consummated, and the amount of the beling Act, as for example ‘‘kitten order does not exceed 100 yards (91.44 soft’’, ‘‘Bear Brand’’, etc. m) of fabric, the required fiber content (2) The nondeceptive use of a trade- disclosure may be made by listing the mark or trade name containing the fibers present in order of predominance name, symbol, or depiction of a fur- by weight with any fiber or fibers re- bearing animal unless: quired to be designated as ‘‘other (i) The textile fiber product in con- fiber’’ or ‘‘other fibers’’ appearing last, nection with which such trademark or as for example: trade name is used simulates a fur or fur product; or Rayon Wool (ii) Such trademark or trade name is Acetate used in any advertisement of a textile Metallic fiber product together with any depic- Other fibers tion which has the appearance of a fur (c)(1) Where a manufactured textile or fur product; or fiber is essentially a physical combina- (iii) The use of such trademark or tion or mixture of two or more chemi- trade name is prohibited by the Fur cally distinct constituents or compo- Products Labeling Act. nents combined at or prior to the time [24 FR 4480, June 2, 1959, as amended at 28 FR of extrusion, which components if sepa- 722, Jan. 16, 1963] rately extruded would each fall within different existing definitions of textile § 303.10 Fiber content of special types fibers as set forth in § 303.7 of this part of products. (Rule 7), the fiber content disclosure as (a) Where a textile product is made to such fiber, shall for all purposes wholly of elastic yarn or material, with under the regulations in this part minor parts of non-elastic material for (i) Disclose such fact in the required structural purposes, it shall be identi- fiber content information by appro- fied as to the percentage of the elas- priate nondeceptive descriptive termi- tomer, together with the percentage of nology, such as ‘‘biconstituent fiber’’ all textile coverings of the elastomer or ‘‘multiconstituent fiber,’’ and all other yarns or materials used (ii) Set out the components con- therein. tained in the fiber by the appropriate Where a textile fiber product is made generic name specified in § 303.7 of this in part of elastic material and in part part (Rule 7) in the order of their pre- of other fabric, the fiber content of dominance by weight, and such fabric shall be set forth section- (iii) Set out the respective percent- ally by percentages as in the case of ages of such components by weight. other fabrics. In such cases the elastic (2) If the components of such fibers material may be disclosed by describ- are of a matrix-fibril configuration, the ing the material as elastic followed by term matrix-fibril fiber or matrix fiber a listing in order of predominance by may be used in setting forth the infor- weight of the fibers used in such elas- mation required by this paragraph. tic, including the elastomer, where (3) Examples of proper fiber content such fibers are present by 5 per centum designations under this paragraph are: or more with the designation ‘‘other 100% Biconstituent Fiber

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(65% Nylon, 35% Polyester) (2) Decorative , whether applied 80% Matrix Fiber (60% Nylon, 40% Polyester) by , overlay, applique, or 15% Polyester attachment; and 5% Rayon (3) Decorative patterns or designs (4) All of the provisions as to fiber which are an integral part of the fabric content disclosures contained in the out of which the household textile arti- cle is made. Provided, that such decora- Act and regulations, including the pro- tive trim or decorative pattern or de- visions relative to fiber content toler- sign, as specified in paragraphs (a)(2) ances and disclosures of fibers present and (3) of this section, does not exceed in amounts of less than 5 percentum of 15 percent of the surface area of the the total fiber weight, shall also be ap- household textile article. If no rep- plicable to the designations and disclo- resentation is made as to the fiber con- sures prescribed by this paragraph. tent of the decorative trim or decora- [25 FR 7044, July 26, 1960, as amended at 30 tion, as provided for in paragraphs FR 14253, Nov. 13, 1965; 34 FR 12134 July 19, (a)(2) and (3) of this section, and the 1969; 61 FR 11544, Mar. 21, 1996] fiber content of the decorative trim or decoration differs from the fiber con- § 303.11 Floor coverings containing tent designation of the basic fabric, the backings, fillings, and paddings. fiber content designation of the basic In disclosing the required fiber con- fabric shall be followed by the state- tent information as to floor coverings ment ‘‘exclusive of decoration.’’ containing exempted backings, fillings, (b) The term findings may also in- or paddings, the disclosure shall be clude elastic material which con- made in such manner as to indicate stitutes a part of the basic fabric or that it relates only to the face, pile, or material out of which the household outer surface of the floor covering and textile article is made, where such not to the backing, filling, or padding. elastic material does not exceed 20 per- Examples of the form of marking these cent of the surface area of the house- types of floor coverings as to fiber con- hold textile article: Provided, That the tent are as follows: required information as to fiber con- tent of products subject to this para- 100% Cotton Pile graph is followed by the statement Face—60% Rayon, 40% Cotton ‘‘exclusive of elastic.’’ Outer Surface—100% Wool [24 FR 4480, June 2, 1959, as amended at 79 FR § 303.12 Trimmings of household tex- 18770, Apr. 4, 2014] tile articles. § 303.13 Sale of remnants and products (a) Pursuant to section 12 of the Act, made of remnants. trimmings incorporated in articles of (a) In disclosing the required fiber wearing apparel and other household content information as to remnants of textile articles are exempt from the fabric which are for practical purposes Act and regulations, except for decora- of unknown or undeterminable fiber tive trim, decorative patterns and de- content: signs, and elastic materials in findings (1) The fiber content disclosure of exceeding the surface area thresholds such remnants of fabrics may be des- described in paragraphs (a)(3) and (b) of ignated in the required information as this section. Trimmings may, among ‘‘remnants of undetermined fiber con- other forms of trim, include: tent.’’ (1) Rickrack, tape, belting, , (2) Where such remnants of fabrics braid, labels (either required or non-re- are displayed for sale at retail, a con- quired), collars, cuffs, wrist bands, leg spicuous sign may, in lieu of individual bands, waist bands, , gores, labeling, be used in immediate con- welts, and findings, including super- junction with such display, stating imposed garters in hosiery, and elastic with respect to required fiber content materials and threads inserted in or disclosure that the goods are ‘‘rem- added to the basic product or garment nants of undetermined fiber content.’’ in minor proportion for holding, rein- (3) Where textile fiber products are forcing or similar structural purposes; made of such remnants, the required

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fiber content information of the prod- (b) Where a textile fiber product is ucts may be disclosed as ‘‘made of rem- made in part from miscellaneous nants of undetermined fiber content.’’ scraps, rags, odd lots, textile by-prod- If any representations as to fiber con- ucts, second-hand materials or waste tent are made with respect to such materials of unknown and, for prac- remnants, the provisions of this para- tical purposes, undeterminable fiber graph shall not apply. content together with a percentage of (b) Where remnants of fabrics are known or determinable fibers, the re- marketed or handled in bales, bundles, quired fiber content disclosure may, or packages and are all of the same when truthfully applicable, in lieu of fiber content or are designated in the the fiber content disclosure otherwise manner permitted by paragraph (a) of required by the Act and regulations, this section, the individual remnants indicate the percentage of miscella- need not be labeled if the bales, bun- neous scraps, rags, odd lots, second- dles, or packages containing such rem- hand materials (in case of secondhand nants are labeled with the required in- materials, words of like import may be formation including fiber content per- used), textile by-products, or waste ma- centages or the designation permitted terials of unknown or undetermined by paragraph (a) of this section. fiber content and the percentage of (c) Where remnants of fabrics of the known fibers, as for example: same fiber content are displayed for 45% Rayon sale at retail, a conspicuous sign may, 30% Acetate in lieu of individual labeling, be used in 25% Miscellaneous scraps of undetermined immediate conjunction with such dis- fiber content. play, stating the fiber content informa- 60% Cotton tion with respect to such remnants; as 40% Unknown fibers—waste materials. for example: ‘‘remnants, 100 percent 40% Acrylic cotton,’’ ‘‘remnants, 50 percent rayon, 20% Modacrylic 50 percent acetate,’’ etc. 40% Undetermined fibers—odd lots. 50% Polyester § 303.14 Products containing unknown 30% Cotton fibers. 20% Textile by-products of undetermined fiber content. (a) Where a textile fiber product is 50% Rayon made from miscellaneous scraps, rags, 50% Secondhand materials—fiber content un- odd lots, secondhand materials, textile known. by-products, or waste materials of un- 45% Acetate known, and for practical purposes, 30% Cotton undeterminable fiber content, the re- 25% Miscellaneous rags—undetermined fiber quired fiber content disclosure may, content. when truthfully applicable, in lieu of (c) No representation as to fiber con- the fiber content disclosure otherwise tent shall be made as to any textile required by the Act and regulations, product or any portion of a textile fiber indicate that such product is composed product designated as composed of un- of miscellaneous scraps, rags, odd lots, known or undetermined fibers. If any textile by-products, secondhand mate- such representation is made, a full and rials (in case of secondhand materials, complete fiber content disclosure shall words of like import may be used) or be required. waste materials, as the case may be, of (d) Nothing contained in this section unknown or undetermined fiber con- shall excuse a full disclosure as to fiber tent, as for example: content if the same is known or prac- Made of miscellaneous scraps of undeter- tically ascertainable. mined fiber content [25 FR 4317, May 14, 1960] 100% unknown fibers—rags All undetermined fibers—textile by-products § 303.15 Required label and method of 100% miscellaneous odd lots of undetermined affixing. fiber content Secondhand materials—fiber content un- (a) A label is required to be affixed to known each textile product and, where re- Made of unknown fibers—waste materials quired, to its package or container in a

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secure manner. Such label shall be con- a manner as to be clearly legible, con- spicuous and shall be of such durability spicuous, and readily accessible to the as to remain attached to the product ultimate consumer. Provided, however, and its package throughout any dis- any package that contains several dif- tribution, sale, resale and until sold ferent types of goods and includes and delivered to the ultimate con- socks classified under subheading sumer. 6115.92.90, 6115.93.90, 6115.99.18, 6111.20.60, (b) Each textile fiber product with a 6111.30.50, or 6111.90.50 of the Har- neck must have a label disclosing the monized Tariff Schedule of the United country of origin affixed to the inside States, as in effect on September 1, center of the neck midway between the 2003, shall not be subject to the re- shoulder seams or in close proximity to quirements of this subsection. another label affixed to the inside cen- [50 FR 15106, Apr. 17, 1985, as amended at 63 ter of the neck. The fiber content and FR 7518, Feb. 13, 1998; 70 FR 73369, Dec. 12, RN or name of the company may be 2005] disclosed on the same label as the country of origin or on another con- § 303.16 Arrangement and disclosure spicuous and readily accessible label or of information on labels. labels on the inside or outside of the (a) Subject to the provisions of garment. On all other textile products, § 303.15(b), information required by the the required information shall be dis- Act and regulations in this part may closed on a conspicuous and readily ac- appear on any label or labels attached cessible label or labels on the inside or to the textile fiber product, including outside of the product. The country of the care label required by 16 CFR part origin disclosure must always appear 423, provided all the pertinent require- on the front side of the label. Other re- ments of the Act and regulations in quired information may appear either this part are met and so long as the on the front side or the reverse side of combination of required information a label, provided that the information and non-required information is not is conspicuous and readily accessible. misleading. The required information (c) In the case of hosiery products, shall include the following: this section shall not be construed as (1) The generic names and percent- requiring the affixing of a label to each ages by weight of the constituent fibers hosiery product contained in a package present in the textile fiber product, ex- if, cluding permissive ornamentation, in (1) Such hosiery products are in- amounts of 5 percent or more and any tended for sale to the ultimate con- fibers disclosed in accordance with sumer in such package, § 303.3(a) shall appear in order of pre- (2) Such package has affixed to it a dominance by weight with any percent- label bearing the required information age of fiber or fibers required to be des- for the hosiery products contained in ignated as ‘‘other fiber’’ or ‘‘other fi- the package, and bers’’ appearing last. (3) The information on the label af- (2) The name, provided for in § 303.19, fixed to the package is equally applica- or registered identification number ble to each textile fiber product con- issued by the Commission, of the man- tained therein. ufacturer or of one or more persons (d) Socks provided for in subheading marketing or handling the textile fiber 6115.92.90, 6115.93.90, 6115.99.18, 6111.20.60, product. 6111.30.50, or 6111.90.50 of the Har- (3) The name of the country where monized Tariff Schedule of the United such product was processed or manu- States, as in effect on September 1, factured, as provided for in § 303.33. 2003, shall be marked, as legibly, indeli- (b) All parts of the required informa- bly, and permanently as the nature of tion shall be set forth in such a manner the article or package will permit, to as to be clearly legible, conspicuous, disclose the English name of the coun- and readily accessible to the prospec- try of origin. This disclosure shall ap- tive purchaser. All parts of the fiber pear on the front of the package, adja- content information shall appear in cent to the size designation of the type or lettering of equal size and con- product, and shall be set forth in such spicuousness.

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(c) Subject to the provisions of ‘‘This tag does not disclose the prod- § 303.17, any non-required information uct’s full fiber content.’’or or representations placed on the prod- ‘‘See label for the product’s full fiber uct shall not minimize, detract from, content.’’ or conflict with required information (c) If a fiber trademark is not used in and shall not be false, deceptive, or the required information, but is used misleading. elsewhere on the label as non-required (d) Non-deceptive terms which are information, the generic name of the properly and truthfully descriptive of a fiber shall accompany the fiber trade- fiber may be used in conjunction with mark in legible and conspicuous type the generic name of such fiber; as for or lettering the first time the trade- example: ‘‘100 percent cross-linked mark is used. rayon,’’ ‘‘100 percent solution dyed ace- (d) No fiber trademark or generic tate,’’ ‘‘100 percent combed cotton,’’ name shall be used in non-required in- ‘‘100 percent nylon 66,’’ etc. formation on a label in such a manner [24 FR 4480, June 2, 1959, as amended at 25 FR as to be false, deceptive, or misleading 4317, May 14, 1960; 30 FR 14254, Nov. 13, 1965; as to fiber content, or to indicate di- 30 FR 15313, Dec. 11, 1965; 50 FR 15107, Apr. 17, rectly or indirectly that a textile fiber 1985; 53 FR 31315, Aug. 18, 1988; 63 FR 7518, product is composed wholly or in part Feb. 13, 1998] of a particular fiber, when such is not the case. § 303.17 Use of fiber trademarks and generic names on labels. [24 FR 4480, June 2, 1959, as amended at 79 FR 18771, Apr. 4, 2014] (a) A non-deceptive fiber trademark may be used on a label in conjunction § 303.18 Terms implying fibers not with the generic name of the fiber to present. which it relates. Where such a trade- Words, coined words, symbols or de- mark is placed on a label in conjunc- pictions, (a) which constitute or imply tion with the required information, the the name or designation of a fiber generic name of the fiber must appear which is not present in the product, (b) in immediate conjunction therewith, which are phonetically similar to the and such trademark and generic name name or designation of such a fiber, or must appear in type or lettering of (c) which are only a slight variation of equal size and conspicuousness. spelling from the name or designation (b) Where a generic name or a fiber of such a fiber shall not be used in such trademark is used on any label pro- a manner as to represent or imply that viding required information, a full such fiber is present in the product. fiber content disclosure shall be made in accordance with the Act and regula- [30 FR 13693, Oct. 28, 1965] tions the first time the generic name or fiber trademark appears on the § 303.19 Name or other identification label. Where a fiber generic name or required to appear on labels. trademark is used on any hang-tag at- (a) The name required by the Act to tached to a textile fiber product that be used on labels shall be the name has a label providing required informa- under which the person is doing busi- tion and the hang-tag provides non-re- ness. Where a person has a word trade- quired information, such as a hang-tag mark, used as a house mark, registered stating only a fiber generic name or in the United States Patent Office, trademark or providing information such word trademark may be used on about a particular fiber’s characteris- labels in lieu of the name otherwise re- tics, the hang-tag need not provide a quired: Provided, The owner of such full fiber content disclosure; however, word trademark furnishes the Commis- if the textile fiber product contains sion a copy of the registration prior to any fiber other than the fiber identified its use. No trademark, trade names, or by the fiber generic name or trade- other names except those provided for mark, the hang-tag must disclose above shall be used for required identi- clearly and conspicuously that it does fication purposes. not provide the product’s full fiber con- (b) Registered identification num- tent; for example: bers, as provided for in § 303.20 of this

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part, may be used for identification a person or firm to whom a registered purposes in lieu of the required name. identification number has been as- signed, by application duly executed in § 303.20 Registered identification num- the form set out in paragraph (d) of bers. this section, reflecting the current (a) Registered numbers for use as the name, business address, and legal busi- required identification in lieu of the ness status of the person or firm. name on textile fiber product labels, as (c) Registered identification numbers provided in section 4(b)(3) of the Act, assigned under this section may be will be issued by the Commission to used on labels required in labeling qualified persons residing in the United products subject to the provisions of States upon receipt of an application the Wool Products Labeling Act and duly executed in the form set out in Fur Products Labeling Act, and num- paragraph (d) of this section. bers previously assigned by the Com- (b)(1) Registered identification num- mission under such Acts may be used bers shall be used only by the person or as and for the required name in label- concern to whom they are issued, and ing under this Act. When so used by the such numbers are not transferable or person or firm to whom assigned, the assignable. use of the numbers shall be construed (2) Registered identification numbers as identifying and binding the appli- shall be subject to cancellation when- cant as fully and in all respects as ever any such number was procured or though assigned under the specific Act has been used improperly or contrary for which it is used. to the requirements of the Acts admin- (d) Form to apply for a registered istered by the Federal Trade Commis- identification number or to update in- sion, and regulations promulgated formation pertaining to an existing thereunder, or when otherwise deemed number (the form is available upon re- necessary in the public interest. quest from: Enforcement Division, Fed- (3) Registered identification numbers eral Trade Commission, 600 Pennsyl- shall be subject to cancellation if the vania Avenue, NW., Washington, DC Commission fails to receive prompt no- 20580, or on the Internet at http:// tification of any change in name, busi- www.ftc.gov; application may also be ness address, or legal business status of made directly on the Internet):

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[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]

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§ 303.21 Marking of samples, swatches, § 303.22 Products containing linings, or specimens and products sold interlinings, fillings, and paddings. therefrom. In disclosing the required informa- (a) Where samples, swatches, or tion as to textile fiber products, the specimens of textile fiber products sub- fiber content of any linings, inter- ject to the Act are used to promote or linings, fillings, or paddings shall be effect sales of such textile fiber prod- set forth separately and distinctly if ucts, the samples, swatches, or speci- such linings, interlinings, fillings, or mens, as well as the products them- paddings are incorporated in the prod- selves, shall be labeled to show their uct for warmth rather than for struc- respective fiber contents and other re- tural purposes, or if any express or im- quired information: Provided, That plied representations are made as to such samples, swatches or specimens their fiber content. Examples are as need not be labeled: follows: (1) If the samples, swatches, or speci- 100% Nylon mens are less than two square inches Interlining: 100% Rayon (12.9 cm2) in area and the information Covering: 100% Rayon otherwise required to appear on the Filling: 100% Cotton. label is clearly, conspicuously, and non-deceptively disclosed on accom- § 303.23 Textile fiber products con- panying promotional matter in accord- taining superimposed or added fi- bers. ance with the Act and regulations. (2) If the samples, swatches, or speci- Where a textile fiber product is made mens are keyed to a catalogue to which wholly of one fiber or a blend of fibers reference is necessary in order to com- with the exception of an additional plete the sale of the textile fiber prod- fiber in minor proportion superimposed ucts, and which catalogue at the nec- or added in certain separate and dis- essary point of reference clearly, con- tinct areas or sections for reinforcing spicuously, and non-deceptively dis- or other useful purposes, the product closes the information otherwise re- may be designated according to the quired to appear on the label in accord- fiber content of the principal fiber or ance with the Act and regulations; or blend of fibers, with an exception nam- (3) If such samples, swatches, or ing the superimposed or added fiber, specimens are not used to effect sales giving the percentage thereof in rela- to ultimate consumers and are not in tion to the total fiber weight of the the form intended for sale or delivery principal fiber or blend of fibers, and to, or for use by, the ultimate con- indicating the area or section which sumer, and are accompanied by an in- contains the superimposed or added voice or other document showing the fiber. Examples of this type of fiber required information. content disclosure, as applied to prod- ucts having reinforcing fibers added to (b) Where properly labeled samples, a particular area or section, are as fol- swatches, or specimens are used to ef- lows: fect the sale of articles of wearing ap- parel or other household textile arti- 55% Cotton cles which are manufactured specifi- 45% Rayon cally for a particular customer after Except 5% Nylon added to toe and heel. the sale is consummated, the articles All Cotton except 1% Nylon added to neck- band. of wearing apparel or other household textile articles need not be labeled if § 303.24 Pile fabrics and products com- they are of the same fiber content as posed thereof. the samples, swatches, or specimens The fiber content of pile fabrics or from which the sale was effected and products composed thereof may be an invoice or other document accom- stated on the label in such segregated panies them showing the information form as will show the fiber content of otherwise required to appear on the the face or pile and of the back or base, label. with percentages of the respective fi- [24 FR 4480, June 2, 1959, as amended at 61 FR bers as they exist in the face or pile 11544, Mar. 21, 1996; 79 FR 18771, Apr. 4, 2014] and in the back or base: Provided, That

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in such disclosure the respective per- 100% Rayon centages of the face and back be given Exclusive of 3% Silk Ornamentation. in such manner as will show the ratio (b) Where the fiber ornamentation between the face and the back. Exam- exceeds five per centum, it shall be in- ples of the form of marking pile fabric cluded in the statement of required as to fiber content provided for in this percentages of fiber content. section are as follows: (c) Where the ornamentation con- 100% Nylon Pile stitutes a distinct section of the prod- 100% Cotton Back uct, sectional disclosure may be made (Back constitutes 60% of fabric and pile in accordance with § 303.25 of this part. 40%). Face—60% Rayon, 40% Nylon § 303.27 Use of the term ‘‘All’’ or Back—70% Cotton, 30% Rayon ‘‘100%.’’ (Face constitutes 60% of fabric and back 40%). Where a textile fiber product or part thereof is comprised wholly of one § 303.25 Sectional disclosure of con- fiber, other than any fiber ornamenta- tent. tion, decoration, elastic, or trimming (a) Permissive. Where a textile fiber as to which fiber content disclosure is product is composed of two or more not required, either the word All or the sections which are of different fiber term 100% may be used in labeling, to- composition, the required information gether with the correct generic name as to fiber content may be separated in of the fiber and any qualifying phrase, the same label in such manner as to when required; as for example: ‘‘100% show the fiber composition of each sec- Cotton,’’ ‘‘All Rayon, Exclusive of Or- tion. namentation,’’ ‘‘100% Acetate, Exclu- (b) Mandatory. The disclosure as sive of Decoration,’’ ‘‘All Nylon, Exclu- above provided shall be made in all in- sive of Elastic,’’ etc. stances where such form of marking is § 303.28 Products contained in pack- necessary to avoid deception. ages. § 303.26 Ornamentation. When textile products are marketed (a)(1) Where the textile fiber product and delivered in a package which is in- contains fiber ornamentation not ex- tended to remain unbroken and intact ceeding five per centum of the total until after delivery to the utlimate fiber weight of the product and the consumer, each textile product in the stated percentages of the fiber content package, except hosiery, and the pack- are exclusive of such ornamentation, age shall be labeled with the required the label or any invoice used in lieu information. If the package is trans- thereof shall contain a phrase or state- parent to the extent it allows for a ment showing such fact; as for exam- clear reading of the required informa- ple: tion on the textile product, the pack- age is not required to be labeled. 60% Cotton 40% Rayon [50 FR 15107, Apr. 17, 1985] Exclusive of Ornamentation; § 303.29 Labeling of pairs or products or containing two or more units. All Cotton Exclusive of Ornamentation. (a) Where a textile fiber product con- sists of two or more parts, units, or (2) The fiber content of such orna- items of different fiber content, a sepa- mentation may be disclosed where the rate label containing the required in- percentage of the ornamentation in re- formation shall be affixed to each of lation to the total fiber weight of the such parts, units or items showing the principal fiber or blend of fibers is required information as to such part, shown; as for example: unit, or item: Provided, That where 70% Nylon such parts, units, or items are mar- 30% Acetate keted or handled as a single product or Exclusive of 4% Metallic Ornamentation; ensemble and are sold and delivered to or the ultimate consumer as a single

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product or ensemble, the required in- by 3 inches (7.62 cm) in size, and state- formation may be set out on a single ments thereon conspicuously stamped label in such a manner as to separately or printed in the English language and show the fiber composition of each in plain type not less than 1⁄3 inch (8.38 part, unit, or item. mm) high, indicating that the stuffing (b) Where garments, wearing apparel, therein is composed in whole or in part or other textile fiber products are mar- of ‘‘reused stuffing,’’ ‘‘secondhand keted or handled in pairs or ensembles stuffing,’’ ‘‘previously used stuffing,’’ of the same fiber content, only one or ‘‘used stuffing.’’ unit of the pair or ensemble need be la- [61 FR 11544, Mar. 21, 1996] beled with the required information when sold and delivered to the ulti- § 303.33 Country where textile fiber mate consumer. products are processed or manufac- [24 FR 4480, June 2, 1959, as amended at 25 FR tured. 4318, May 14, 1960] (a) In addition to the other informa- tion required by the Act and Regula- § 303.30 Textile fiber products in form tions: for consumer. (1) Each imported textile fiber prod- A textile fiber product shall be con- uct shall be labeled with the name of sidered to be in the form intended for the country where such imported prod- sale or delivery to, or for use by, the uct was processed or manufactured; ultimate consumer when the manufac- (2) Each textile fiber product com- turing or processing of the textile fiber pletely made in the United States of product is substantially complete. The materials that were made in the United fact that minor or insignificant details States shall be labeled using the term of the manufacturing or processing Made in U.S.A. or some other clear and have not been completed shall not ex- equivalent term. cuse the labeling of such products as to (3) Each textile fiber product made in the required information. For example, the United States, either in whole or in a garment must be labeled even though part of imported materials, shall con- such matters as the finishing of a tain a label disclosing these facts; for or cuff or the affixing of there- example: to remain to be completed. Made in USA of imported fabric § 303.31 Invoice in lieu of label. or Where a textile fiber product is not Knitted in USA of imported yarn in the form intended for sale, delivery and to, or for use by the ultimate con- (4) Each textile fiber product par- sumer, an invoice or other document tially manufactured in a foreign coun- may be used in lieu of a label, and such try and partially manufactured in the invoice or other document shall show, United States shall contain on a label in addition to the name and address of the following information: the person issuing the invoice or other (i) The manufacturing process in the document, the fiber content of such foreign country and in the USA; for ex- product as provided in the Act and reg- ample: ulations as well as any other required information. ‘‘Imported cloth, finished in USA’’ or [79 FR 18771, Apr. 4, 2014] ‘‘Sewn in USA of imported components’’ § 303.32 Products containing reused or stuffing. ‘‘Made in [foreign country], finished in USA’’ Any upholstered product, mattress, or or cushion which contains stuffing ‘‘Scarf made in USA of fabric made in which has been previously used as China’’ stuffing in any other upholstered prod- or uct, mattress, or cushion shall have se- ‘‘Comforter Filled, Sewn and Finished in the curely attached thereto a substantial U.S. With Shell Made in China’’ tag or label, at least 2 inches (5.08 cm) or

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‘‘Made in [Foreign Country]/fabric made in a kind or species of product. Variant USA’’ spellings which clearly indicate the or English name of the country, such as ‘‘Knit in USA, assembled in [Foreign Coun- Brasil for Brazil and Italie for Italy, try]’’. are acceptable. Abbreviations which (ii) When the U.S. Customs Service unmistakably indicate the name of a requires an origin label on the unfin- country, such as ‘‘Gt. Britain’’ for ished product, the manufacturing proc- ‘‘Great Britain,’’ are acceptable. esses as required in paragraph (a)(4)(i) (f) Nothing in this section shall be of this section or the name of the for- construed as limiting in any way the eign country required by Customs, for information required to be disclosed on example: labels under the provisions of any Tar- iff Act of the United States or regula- ‘‘Made in (foreign country)’’ tions promulgated thereunder. (b) For the purpose of determining whether a product should be marked [24 FR 4480, June 2, 1959, as amended at 50 FR 15107, Apr. 17, 1985; 63 FR 7521, Feb. 13, 1998; under paragraphs (a) (2), (3), or (4) of 65 FR 75158, Dec. 1, 2000; 79 FR 18771, Apr. 4, this section, a manufacturer needs to 2014] consider the origin of only those mate- rials that are covered under the Act § 303.34 Country of origin in mail and that are one step removed from order advertising. that manufacturing process. For exam- When a textile fiber product is adver- ple, a yarn manufacturer must identify tised in any mail order catalog or mail fiber if it is imported, a cloth manufac- order promotional material, the de- turer must identify imported yarn and scription of such product shall contain a household product manufacturer a clear and conspicuous statement that must identify imported cloth or im- the product was either made in U.S.A., ported yarn for household products imported, or both. Other words or made directly from yarn, or imported phrases with the same meaning may be fiber used as filling for warmth. used. The statement of origin required (c) The term country means the polit- by this section shall not be incon- ical entity known as a nation. Except sistent with the origin labeling of the for the United States, colonies, posses- product being advertised. sions or protectorates outside the boundaries of the mother country shall [50 FR 15107, Apr. 17, 1985] be considered separate countries, and the name thereof shall be deemed ac- § 303.35 Use of terms ‘‘virgin’’ or ‘‘new.’’ ceptable in designating the country The terms virgin or new as descrip- where the textile fiber product was tive of a textile fiber product, or any processed or manufactured unless the fiber or part thereof, shall not be used Commission shall otherwise direct. when the product, fiber or part so de- (d) The country of origin of an im- scribed is not composed wholly of new ported textile fiber product as deter- or virgin fiber which has never been re- mined under the laws and regulations claimed from any spun, woven, knitted, enforced by United States Customs and felted, bonded, or similarly manufac- Border Protection shall be considered tured product. to be the country where such textile fiber product was processed or manu- [79 FR 18771, Apr. 4, 2014] factured. (e) The English name of the country § 303.36 Form of separate guaranty. where the imported textile fiber prod- (a) The following are suggested forms uct was processed or manufactured of separate guaranties under section 10 shall be used. The adjectival form of of the Act which may be used by a the name of the country will be accept- guarantor residing in the United States ed as the name of the country where on or as part of an invoice or other doc- the textile fiber product was processed ument relating to the marketing or or manufactured, provided the adjec- handling of any textile fiber products tival form of the name does not appear listed and designated therein, and with such other words so as to refer to showing the date of such invoice or

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other document and the signature and branded or falsely or deceptively advertised address of the guarantor. or invoiced under the provisions of the Tex- (1) General form. We guarantee that tile Fiber Products Identification Act and the textile fiber products specified rules and regulations thereunder. We ac- knowledge that furnishing a false guaranty herein are not misbranded nor falsely is an unlawful unfair and deceptive act or nor deceptively advertised or invoiced practice pursuant to the Federal Trade Com- under the provisions of the Textile mission Act, and certify that we will ac- Fiber Products Identification Act and tively monitor and ensure compliance with rules and regulations thereunder. the Textile Fiber Products Identification (2) Guaranty based on guaranty. Based Act and rules and regulations thereunder upon a guaranty received, we guaranty during the duration of this guaranty. that the textile fiber products specified Dated, signed, and certified this ll day of herein are not misbranded nor falsely ll, 20l, at llllllll (City), nor deceptively advertised or invoiced llllllll (State or Territory) under the provisions of the Textile llllllll (name under which business Fiber Products Identification Act and is conducted.) rules and regulations thereunder. I certify that the information supplied in this form is true and correct. NOTE: The printed name and address on the lllllllllllllllllllllll invoice or other document will suffice to Signature of Proprietor, Principal Partner, meet the signature and address require- or Corporate Official ments. lllllllllllllllllllllll (b) The mere disclosure of required Name (Print or Type) and Title information including the fiber content [79 FR 18771, Apr. 4, 2014] of a textile fiber product on a label or on an invoice or other document relat- § 303.38 Continuing guaranty filed ing to its marketing or handling shall with Federal Trade Commission. not be considered a form of separate (a)(1) Under section 10 of the act any guaranty. person residing in the United States [24 FR 4480, June 2, 1959, as amended at 79 FR and marketing or handling textile fiber 18771, Apr. 4, 2014] products may file a continuing guar- anty with the Federal Trade Commis- § 303.37 Form of continuing guaranty sion. When filed with the Commission a from seller to buyer. continuing guaranty shall be fully exe- Under section 10 of the Act, a seller cuted in duplicate. Forms for use in residing in the United States may give preparing continuing guaranties will be a buyer a continuing guaranty to be supplied by the Commission upon re- applicable to all textile fiber products quest. sold or to be sold. The following is the (2) Continuing guaranties filed with prescribed form of continuing guaranty the Commission shall continue in ef- from seller to buyer: fect until revoked. The guarantor shall We, the undersigned, guaranty that all tex- promptly report any change in business tile fiber products now being sold or which status to the Commission. may hereafter be sold or delivered to (b) Prescribed form for a continuing llllllll are not, and will not be mis- guaranty:

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(c) Any person who has a continuing setting forth on the invoice or other guaranty on file with the Commission document covering the marketing or may, during the effective dates of the handlingof the product guaranteed the guaranty, give notice of such fact by following: Continuing guaranty under

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the Textile Fiber Products Identifica- this rule shall be preserved for at least tion Act filed with the Federal Trade three years. Commission. [24 FR 4480, June 2, 1959, as amended at 53 FR (d) Any person who falsely represents 31315, Aug. 18, 1988] in writing that he has a continuing guaranty on file with the Federal § 303.40 Use of terms in written adver- Trade Commission when such is not a tisements that imply presence of a fact shall be deemed to have furnished fiber. a false guaranty under section 10(b) of The use of terms in written adver- the Act. tisements, including advertisements disseminated through the Internet and [24 FR 4486, June 2, 1959, as amended at 48 FR similar electronic media, that are de- 12517, Mar. 25, 1983; 63 FR 7521, Feb. 18, 1998; scriptive of a method of manufacture, 63 FR 71585, Dec. 28, 1998; 79 FR 18772, Apr. 4, construction, or weave, and that by 2014] custom and usage are also indicative of § 303.39 Maintenance of records. a textile fiber or fibers, or the use of terms in such advertisements that con- (a) Pursuant to the provisions of sec- stitute or connote the name or pres- tion 6 of the Act, every manufacturer ence of a fiber or fibers, shall be of a textile fiber product subject to the deemed to be an implication of fiber Act, irrespective of whether any guar- content under section 4(c) of the Act, anty has been given or received, shall except that the provisions of this sec- maintain records showing the informa- tion shall not be applicable to non-de- tion required by the Act and Regula- ceptive shelf or display signs in retail tions with respect to all such textile stores indicating the location of textile fiber products made by such manufac- fiber products and not intended as ad- turer. Such records shall show: vertisements. (1) The generic names and percent- [63 FR 7523, Feb. 13, 1998] ages by weight of the constituent fibers present in the textile fiber product, ex- § 303.41 Use of fiber trademarks and clusive of permissive ornamentation, generic names in advertising. in amounts of five per centum or more. (a) In advertising textile fiber prod- (2) The name, provided for in § 303.19, ucts, the use of a fiber trademark or a or registered identification number generic fiber name shall require a full issued by the Commission, of the man- disclosure of the fiber content informa- ufacturer or of one or more persons tion required by the Act and regula- marketing or handling the textile fiber tions in at least one instance in the ad- product. vertisement. (3) The name of the country where (b) Where a fiber trademark is used such product was processed or manu- in advertising textile fiber products factured as provided for in § 303.33. containing more than one fiber, other than permissible ornamentation, such The purpose of the records is to permit fiber trademark and the generic name a determination that the requirements of the fiber must appear in the required of the Act and Regulations have been fiber content information in immediate met and to establish a traceable line of proximity and conjunction with each continuity from raw material through other in plainly legible type or let- processing to finished product. tering of equal size and conspicuous- (b) Any person substituting a stamp, ness. tag, label, or other identification pur- (c) Where a fiber trademark is used in suant to section 5(b) of the Act shall advertising textile fiber products con- keep such records as will show the in- taining only one fiber, other than per- formation set forth on the stamp, tag, missive ornamentation, such fiber label, or other identification that he trademark and the generic name of the removed and the name or names of the fiber must appear in immediate prox- person or persons from whom such tex- imity and conjunction with each other tile fiber product was received. in plainly legible and conspicuous type (c) The records required to be main- or lettering at least once in the adver- tained pursuant to the provisions of tisement.

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(d) Where a fiber trademark or ge- § 303.43 Fiber content tolerances. neric name is used in non-required in- (a) A textile fiber product which con- formation in advertising, such fiber tains more than one fiber shall not be trademark or generic name, shall not deemed to be misbranded as to fiber be used in such a manner as to be false, content percentages if the percentages deceptive, or misleading as to fiber by weight of any fibers present in the content, or to indicate, directly or in- directly, that a textile fiber product is total fiber content of the product, ex- composed wholly or in part of a par- clusive of permissive ornamentation, ticular fiber, when such is not the case. do not deviate or vary from the per- centages stated on the label in excess [24 FR 4480, June 2, 1959, as amended at 79 FR of 3 percent of the total fiber weight of 18774, Apr. 4, 2014] the product. For example, where the label indicates that a particular fiber § 303.42 Arrangement of information is present in the amount of 40 percent, in advertising textile fiber prod- ucts. the amount of such fiber present may vary from a minimum of 37 percent of (a) Where a textile fiber product is the total fiber weight of such product advertised in such manner as to require to a maximum of 43 percent of the disclosure of the information required total fiber weight of such product. by the Act and regulations, all parts of (b) Where the percentage of any fiber the required information shall be stat- or fibers contained in a textile fiber ed in immediate conjunction with each product deviates or varies from the other in legible and conspicuous type percentage stated on the label by more or lettering of equal size and promi- than the tolerance or variation pro- nence. In making the required disclo- vided in paragraph (a) of this section, sure of the fiber content of the product, such product shall be misbranded un- the generic names of fibers present in less the person charged proves that the an amount 5 percent or more of the entire deviation or variation from the total fiber weight of the product, to- gether with any fibers disclosed in ac- fiber content percentages stated on the cordance with § 303.3(a), shall appear in label resulted from unavoidable vari- order of predominance by weight, to be ations in manufacture and despite the followed by the designation ‘‘other exercise of due care. fiber’’ or ‘‘other fibers’’ if a fiber or fi- (c) Where representations are made bers required to be so designated are to the effect that a textile fiber prod- present. The advertisement need not uct is composed wholly of one fiber, the state the percentage of each fiber. tolerance provided in section 4(b)(2) of (b) Non-required information or rep- the Act and paragraph (a) of this sec- resentations shall in no way be false, tion shall not apply, except as to per- deceptive, or misleading as to fiber missive ornamentation where the tex- content and shall not include any tile fiber product is represented to be names, terms, or representations pro- composed of one fiber ‘‘exclusive of or- hibited by the Act and regulations. namentation.’’ Such non-required information or rep- resentations shall not be set forth or so § 303.44 Products not intended for uses used as to interfere with, minimize, or subject to the Act. detract from the required information. Textile fiber products intended for (c) Non-deceptive terms which are uses not within the scope of the Act properly and truthfully descriptive of a and regulations or intended for uses in fiber may be used in conjunction with other textile fiber products which are the generic name of such fiber; as for exempted or excluded from the Act example: ‘‘cross-linked rayon,’’ ‘‘solu- shall not be subject to the labeling and tion dyed acetate,’’ ‘‘combed cotton,’’ invoicing requirements of the Act and ‘‘nylon 66,’’ etc. regulations: Provided, an invoice or [24 FR 4480, June 2, 1959, as amended at 30 FR other document covering the mar- 14254, Nov. 13, 1965; 30 FR 15313, Dec. 11, 1965; keting or handling of such products is 63 FR 7523, Feb. 13, 1998; 79 FR 18774, Apr. 4, given, which indicates that the prod- 2014] ucts are not intended for uses subject

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to the Textile Fiber Products Identi- (3) Coated fabrics and those portions fication Act. of textile fiber products made of coated fabrics. [79 FR 18774, Apr. 4, 2014] (4) Secondhand household textile ar- § 303.45 Coverage and exclusions from ticles which are discernibly second- the Act. hand or which are marked to indicate (a) The following textile fiber prod- their secondhand character. ucts are subject to the Act and regula- (5) Non-woven products of a dispos- tions in this part, unless excluded from able nature intended for one-time use the Act’s requirements in paragraph (b) only. of this section: (6) All curtains, casements, draperies, (1) Articles of wearing apparel; and table place mats, or any portions (2) Handkerchiefs; thereof otherwise subject to the Act, (3) Scarfs; made principally of slats, rods, or (4) Beddings; strips, composed of wood, metal, plas- (5) Curtains and casements; tic, or leather. (6) Draperies; (7) All textile fiber products in a form (7) Tablecloths, napkins, and doilies; ready for the ultimate consumer pro- (8) Floor coverings; cured by the military services of the (9) Towels; United States which are bought accord- (10) Wash cloths and dish cloths; ing to specifications, but shall not in- (11) Ironing board covers and pads; clude those textile fiber products sold (12) Umbrellas and parasols; and distributed through post ex- (13) Batts; changes, sales commissaries, or ship (14) Products subject to section 4(h) stores; provided, however, that if the of the Act; military services sell textile fiber prod- (15) Flags with heading or more than ucts for nongovernmental purposes the 216 square inches (13.9 dm2) in size; information with respect to the fiber (16) Cushions; content of such products shall be fur- (17) All fibers, yarns and fabrics (in- nished to the purchaser thereof who cluding narrow fabrics except pack- shall label such products in conformity aging ribbons); with the Act and regulations before (18) Furniture slip covers and other such products are distributed for civil- covers or coverlets for furniture; ian use. (19) Afghans and throws; (8) All hand woven rugs made by Nav- (20) Sleeping bags; ajo Indians which have attached there- (21) Antimacassars and tidies; to the ‘‘Certificate of Genuineness’’ (22) Hammocks; and supplied by the Indian Arts and Crafts (23) Dresser and other furniture Board of the United States Department scarfs. of Interior. The term Navajo Indian (b) Pursuant to section 12(b) of the means any Indian who is listed on the Act, all textile fiber products other register of the Navajo Indian Tribe or than those identified in paragraph (a) is eligible for listing thereon. of this section, and the following tex- (c) The exclusions provided for in tile fiber products, are excluded from paragraph (b) of this section shall not the Act’s requirements: be applicable: (1) Belts, suspenders, arm bands, per- (1) if any representations as to the manently knotted neckties, garters, fiber content of such products are made sanitary belts, diaper liners, labels (ei- on any label or in any advertisement ther required or non-required) individ- without making a full and complete ually and in rolls, looper clips intended fiber content disclosure on such label for handicraft purposes, book cloth, or in such advertisement in accordance artists’ canvases, tapestry cloth, and with the Act and regulations in this shoe laces. part with the exception of those prod- (2) All textile fiber products manu- ucts excluded by paragraph (b)(5) of factured by the operators of company this section; or stores and offered for sale and sold ex- (2) If any false, deceptive, or mis- clusively to their own employees as ul- leading representations are made as to timate consumers. the fiber content of such products.

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(d) The exclusions from the Act pro- memorate a person, object, place, or vided in paragraph (b) of this section event. Such term includes coins, to- are in addition to the exemptions from kens, paper money, and commemora- the Act provided in section 12(a) of the tive medals. Act and shall not affect or limit such (g) Original political item means any exemptions. political , poster, literature, [79 FR 18774, Apr. 4, 2014] sticker, or any advertisement produced for use in any political cause. PART 304—RULES AND REGULA- (h) Person means any individual, TIONS UNDER THE HOBBY PRO- group, association, partnership, or any TECTION ACT other business entity. (i) Regulations means any or all regu- Sec. lations prescribed by the Federal Trade 304.1 Terms defined. Commission pursuant to the Act. 304.2 General requirement. (j) United States means the States, 304.3 Applicability. 304.4 Application of other law or regulation. the District of Columbia, and the Com- 304.5 Marking requirements for imitation monwealth of Puerto Rico. political items. (k) Diameter of a reproduction means 304.6 Marking requirements for imitation the length of the longest possible numismatic items. straight line connecting two points on AUTHORITY: 15 U.S.C. 2101 et seq. the perimeter of the reproduction. SOURCE: 40 FR 5496, Feb. 6, 1975, unless oth- [40 FR 5496, Feb. 6, 1975, as amended at 53 FR erwise noted. 38942, Oct. 4, 1988] § 304.1 Terms defined. § 304.2 General requirement. (a) Act means the Hobby Protection Act (approved November 29, 1973; Pub. Imitation political or numismatic L. 93–167, 87 Stat. 686, (15 U.S.C. 2101 et items subject to the Act shall be seq.)). marked in conformity with the require- (b) Commerce has the same meanings ments of the Act and the regulations as such term has under the Federal promulgated thereunder. Any violation Trade Commission Act. of these regulations shall constitute a (c) Commission means the Federal violation of the Act and of the Federal Trade Commission. Trade Commission Act. (d) Imitation numismatic item means an item which purports to be, but in fact § 304.3 Applicability. is not, an original numismatic item or Any person engaged in the manufac- which is a reproduction, copy, or coun- turing, or importation into the United terfeit of an original numismatic item. States for introduction into or dis- Such term includes an original numis- tribution in commerce, of imitation matic item which has been altered or modified in such a manner that it political or imitation numismatic could reasonably purport to be an items shall be subject to the require- original numismatic item other than ments of the Act and the regulations the one which was altered or modified. promulgated thereunder. The term shall not include any re-issue or re-strike of any original numismatic § 304.4 Application of other law or reg- item by the United States or any for- ulation. eign government. The provisions of these regulations (e) Imitation political item means an are in addition to, and not in substi- item which purports to be, but in fact tution for or limitation of, the provi- is not, an original political item, or sions of any other law or regulation of which is a reproduction, copy or coun- the United States (including the exist- terfeit of an original item. ing statutes and regulations prohib- (f) Original numismatic item means iting the reproduction of genuine cur- anything which has been a part of a rency) or of the law or regulation of coinage or issue which has been used in any State. exchange or has been used to com-

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