Federal Trade Commission Pt. 303

(b) Any person who has a continuing 303.8 Procedure for establishing generic guaranty on file with the Commission names for manufactured . may, during the effective dates of the 303.9 Use of fur-bearing animal names and guaranty, give notice of such fact by symbols prohibited. 303.10 content of special types of prod- setting forth on the invoice or other ucts. document covering the marketing or 303.11 Floor coverings containing backings, handling of the product guaranteed the fillings, and paddings. following: ‘‘Continuing guaranty under 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 affixing. Trade Commission when such is not a 303.16 Arrangement and disclosure of infor- fact shall be deemed to have furnished mation on labels. a false guaranty under section 10(b) of 303.17 Use of fiber trademarks and generic the Act. names on labels. 303.18 Terms implying fibers not present. [26 FR 3188, Apr. 14, 1961, as amended at 48 303.19 Name or other identification required FR 12517, Mar. 25, 1983; 63 FR 7517, Feb. 13, to appear on labels. 1998; 63 FR 71583, Dec. 28, 1998; 79 FR 30458, 303.20 Registered identification numbers. May 28, 2014] 303.21 Marking of samples, swatches, or specimens and products sold therefrom. § 301.48a Guaranties not received in 303.22 Products containing linings, inter- good faith. 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 fabrics and products composed (a) Unless the recipient of such guar- thereof. anty shall have examined the required 303.25 Sectional disclosure of content. 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- No furs nor fur products shall be la- tising. beled, invoiced, or advertised in any 303.35 Use of terms ‘‘virgin’’ or ‘‘new.’’ 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- PART 303—RULES AND REGULA- eral Trade Commission. 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- 303.2 General requirements. tising textile fiber products. 303.3 Fibers present in amounts of less than 303.43 Fiber content tolerances. 5 percent. 303.44 Products not intended for uses sub- 303.4 English language requirement. ject to the act. 303.5 Abbreviations, ditto marks, and aster- 303.45 Exclusions from the act. isks prohibited. AUTHORITY: 15 U.S.C. 70 et seq. 303.6 Generic names of fibers to be used. 303.7 Generic names and definitions for SOURCE: 24 FR 4480, June 2, 1959, unless oth- manufactured fibers. erwise noted.

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

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hair of the Angora or Cashmere goat of compliance with the Act and regula- (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, , 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. closing the constituent fibers in re- (u) The terms mail order catalog and quired information, but shall be des- mail order promotional material mean ignated as ‘‘other fiber.’’ When more any materials, used in the direct sale than one of such fibers are present in a or direct offering for sale of textile product, they shall be designated in the products, that are disseminated to ulti- aggregate as ‘‘other fibers.’’ Provided, mate consumers in print or by elec- however, that nothing in this section tronic means, other than by broadcast, shall be construed as prohibiting the and that solicit ultimate consumers to disclosure of any fiber present in a tex- purchase such textile products by mail, tile fiber product which has a clearly telephone, electronic mail, or some established and definite functional sig- other method without examining the nificance when present in the amount actual product purchased. 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; 96 percent Acetate 63 FR 7517, Feb. 13, 1998; 79 FR 18770, Apr. 4, 2014] 4 percent . (b) In making such disclosure, all of § 303.2 General requirements. the provisions of the Act and regula- (a) Each textile fiber product, except tions in this part setting forth the those exempted or excluded under sec- manner and form of disclosure of fiber tion 12 of the Act, shall be labeled or content information, including the pro- invoiced in conformity with the re- visions of §§ 303.17 and 303.41 of this part quirements of the Act and regulations. relating to the use of generic names (b) Any advertising of textile fiber and fiber trademarks, shall be applica- products subject to the Act shall be in ble. conformity with the requirements of 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 All required information shall be set the Wool Products Labeling Act of 1939 out in the English language. If the re- (Pub. L. 76–850, 15 U.S.C. 68, 54 Stat. quired information appears in a lan- 1128). guage other than English, it also shall (d) Any person marketing or han- appear in the English language. The dling textile fiber products who shall provisions of this section shall not cause or direct a processor or finisher apply to advertisements in foreign lan- to label, invoice, or otherwise identify guage newspapers or periodicals, but any textile fiber product with required such advertising shall in all other re- information shall be responsible under spects comply with the Act and regula- the Act and regulations for any failure 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 - 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 . 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,’’ ‘‘,’’ ‘‘,’’ ‘‘,’’ 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 . 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 content of the fiber), to: http://www.archives.gov/fed- and which, if stretched at least 100%, erallregister/ 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) . 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 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. . 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 (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) . 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.govinfo.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 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 product’s full § 303.17, any non-required information fiber content.’’ or representations placed on the prod- or uct shall not minimize, detract from, ‘‘See label for the product’s full fiber con- or conflict with required information tent.’’ and shall not be false, deceptive, or (c) If a fiber trademark is not used in misleading. the required information, but is used (d) Non-deceptive terms which are elsewhere on the label as non-required properly and truthfully descriptive of a information, the generic name of the fiber may be used in conjunction with fiber shall accompany the fiber trade- the generic name of such fiber; as for mark in legible and conspicuous type example: ‘‘100 percent cross-linked or lettering the first time the trade- rayon,’’ ‘‘100 percent solution dyed ace- mark is used. tate,’’ ‘‘100 percent combed cotton,’’ (d) No fiber trademark or generic ‘‘100 percent nylon 66,’’ etc. name shall be used in non-required in- [24 FR 4480, June 2, 1959, as amended at 25 FR formation on a label in such a manner 4317, May 14, 1960; 30 FR 14254, Nov. 13, 1965; as to be false, deceptive, or misleading 30 FR 15313, Dec. 11, 1965; 50 FR 15107, Apr. 17, as to fiber content, or to indicate di- 1985; 53 FR 31315, Aug. 18, 1988; 63 FR 7518, Feb. 13, 1998] rectly or indirectly that a textile fiber product is composed wholly or in part § 303.17 Use of fiber trademarks and of a particular fiber, when such is not generic names on labels. the case. (a) A non-deceptive fiber trademark [24 FR 4480, June 2, 1959, as amended at 79 FR may be used on a label in conjunction 18771, Apr. 4, 2014] with the generic name of the fiber to which it relates. Where such a trade- § 303.18 Terms implying fibers not mark is placed on a label in conjunc- present. tion with the required information, the Words, coined words, symbols or de- generic name of the fiber must appear pictions, (a) which constitute or imply in immediate conjunction therewith, the name or designation of a fiber and such trademark and generic name must appear in type or lettering of which is not present in the product, (b) equal size and conspicuousness. which are phonetically similar to the (b) Where a generic name or a fiber name or designation of such a fiber, or trademark is used on any label pro- (c) which are only a slight variation of viding required information, a full spelling from the name or designation fiber content disclosure shall be made of such a fiber shall not be used in such in accordance with the Act and regula- a manner as to represent or imply that tions the first time the generic name such fiber is present in the product. or fiber trademark appears on the [30 FR 13693, Oct. 28, 1965] label. Where a fiber generic name or trademark is used on any hang-tag at- § 303.19 Name or other identification tached to a textile fiber product that required to appear on labels. has a label providing required informa- tion and the hang-tag provides non-re- (a) The name required by the Act to quired information, such as a hang-tag be used on labels shall be the name stating only a fiber generic name or under which the person is doing busi- trademark or providing information ness. Where a person has a word trade- about a particular fiber’s characteris- mark, used as a house mark, registered tics, the hang-tag need not provide a in the United States Patent Office, full fiber content disclosure; however, such word trademark may be used on if the textile fiber product contains labels in lieu of the name otherwise re- any fiber other than the fiber identified quired. 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 (d) Requests for a registered identi- purposes in lieu of the required name. fication number, to update information pertaining to an existing number, or to [24 FR 4480, June 2, 1959, as amended at 83 FR 3071, Jan. 23, 2018] cancel an existing number shall be made through the Commission’s Web § 303.20 Registered identification num- site at https://rn.ftc.gov. Unless other- bers. wise directed by the Commission or its (a) Registered numbers for use as the designee, requests made by other required identification in lieu of the means (including but not limited to name on textile fiber product labels, as email) will not be accepted and ap- provided in section 4(b)(3) of the Act, proved. will be issued by the Commission to [82 FR 43692, Sept. 19, 2017] qualified persons residing in the United States upon receipt of an application § 303.21 Marking of samples, swatches, duly executed on the Commission’s or specimens and products sold Web site at https://rn.ftc.gov or by such therefrom. means as the Commission or its des- (a) Where samples, swatches, or ignee may direct. specimens of textile fiber products sub- (b)(1) Registered identification num- ject to the Act are used to promote or bers shall be used only by the person or effect sales of such textile fiber prod- concern to whom they are issued, and ucts, the samples, swatches, or speci- such numbers are not transferable or mens, as well as the products them- assignable. selves, shall be labeled to show their (2) Registered identification numbers respective fiber contents and other re- shall be subject to cancellation when- quired information: Provided, That ever any such number was procured or such samples, swatches or specimens has been used improperly or contrary need not be labeled: to the requirements of the Acts admin- (1) If the samples, swatches, or speci- istered by the Federal Trade Commis- mens are less than two square inches sion, and regulations promulgated (12.9 cm2) in area and the information thereunder, or when otherwise deemed otherwise required to appear on the necessary in the public interest. label is clearly, conspicuously, and (3) Registered identification numbers non-deceptively disclosed on accom- shall be subject to cancellation if the panying promotional matter in accord- Commission fails to receive prompt no- ance with the Act and regulations. tification of any change in name, busi- (2) If the samples, swatches, or speci- ness address, or legal business status of mens are keyed to a catalogue to which a person or firm to whom a registered reference is necessary in order to com- identification number has been as- plete the sale of the textile fiber prod- signed, by application duly executed on ucts, and which catalogue at the nec- the Commission’s Web site at https:// essary point of reference clearly, con- rn.ftc.gov or by such means as the Com- spicuously, and non-deceptively dis- mission or its designee may direct. closes the information otherwise re- (c) Registered identification numbers quired to appear on the label in accord- assigned under this section may be ance with the Act and regulations; or used on labels required in labeling (3) If such samples, swatches, or products subject to the provisions of specimens are not used to effect sales the Wool Products Labeling Act and to ultimate consumers and are not in Fur Products Labeling Act, and num- the form intended for sale or delivery bers previously assigned by the Com- to, or for use by, the ultimate con- mission under such Acts may be used sumer, and are accompanied by an in- as and for the required name in label- voice or other document showing the ing under this Act. When so used by the required information. person or firm to whom assigned, the (b) Where properly labeled samples, use of the numbers shall be construed swatches, or specimens are used to ef- as identifying and binding the appli- fect the sale of articles of wearing ap- cant as fully and in all respects as parel or other household textile arti- though assigned under the specific Act cles which are manufactured specifi- for which it is used. cally for a particular customer after

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the sale is consummated, the articles All Cotton except 1% Nylon added to neck- of wearing apparel or other household band. textile articles need not be labeled if they are of the same fiber content as § 303.24 Pile fabrics and products com- posed thereof. the samples, swatches, or specimens from which the sale was effected and The fiber content of pile fabrics or an invoice or other document accom- products composed thereof may be panies them showing the information stated on the label in such segregated otherwise required to appear on the form as will show the fiber content of label. the face or pile and of the back or base, 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 § 303.22 Products containing linings, in such disclosure the respective per- interlinings, fillings, and paddings. centages of the face and back be given In disclosing the required informa- in such manner as will show the ratio tion as to textile fiber products, the between the face and the back. Exam- fiber content of any linings, inter- ples of the form of marking pile fabric linings, fillings, or paddings shall be as to fiber content provided for in this set forth separately and distinctly if section are as follows: such linings, interlinings, fillings, or 100% Nylon Pile paddings are incorporated in the prod- 100% Cotton Back uct for warmth rather than for struc- (Back constitutes 60% of fabric and pile tural purposes, or if any express or im- 40%). plied representations are made as to Face—60% Rayon, 40% Nylon their fiber content. Examples are as Back—70% Cotton, 30% Rayon (Face constitutes 60% of fabric and back follows: 40%). 100% Nylon Interlining: 100% Rayon § 303.25 Sectional disclosure of con- Covering: 100% Rayon tent. Filling: 100% Cotton. (a) Permissive. Where a textile fiber product is composed of two or more § 303.23 Textile fiber products con- taining superimposed or added fi- sections which are of different fiber bers. composition, the required information as to fiber content may be separated in Where a textile fiber product is made the same label in such manner as to wholly of one fiber or a blend of fibers show the fiber composition of each sec- with the exception of an additional tion. fiber in minor proportion superimposed (b) Mandatory. The disclosure as or added in certain separate and dis- above provided shall be made in all in- tinct areas or sections for reinforcing stances where such form of marking is or other useful purposes, the product necessary to avoid deception. may be designated according to the fiber content of the principal fiber or § 303.26 Ornamentation. blend of fibers, with an exception nam- ing the superimposed or added fiber, (a)(1) Where the textile fiber product giving the percentage thereof in rela- contains fiber ornamentation not ex- tion to the total fiber weight of the ceeding five per centum of the total principal fiber or blend of fibers, and fiber weight of the product and the indicating the area or section which stated percentages of the fiber content contains the superimposed or added are exclusive of such ornamentation, fiber. Examples of this type of fiber the label or any invoice used in lieu content disclosure, as applied to prod- thereof shall contain a phrase or state- ucts having reinforcing fibers added to ment showing such fact; as for exam- a particular area or section, are as fol- ple: lows: 60% Cotton 40% Rayon 55% Cotton 45% Rayon Exclusive of Ornamentation; Except 5% Nylon added to toe and heel. or

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All Cotton § 303.29 Labeling of pairs or products Exclusive of Ornamentation. containing two or more units. (2) The fiber content of such orna- (a) Where a textile fiber product con- mentation may be disclosed where the sists of two or more parts, units, or percentage of the ornamentation in re- items of different fiber content, a sepa- lation to the total fiber weight of the rate label containing the required in- principal fiber or blend of fibers is formation shall be affixed to each of shown; as for example: such parts, units or items showing the required information as to such part, 70% Nylon unit, or item: Provided, That where 30% Acetate such parts, units, or items are mar- Exclusive of 4% Metallic Ornamentation; keted or handled as a single product or or ensemble and are sold and delivered to 100% Rayon the ultimate consumer as a single Exclusive of 3% Silk Ornamentation. product or ensemble, the required in- formation may be set out on a single (b) Where the fiber ornamentation label in such a manner as to separately exceeds five per centum, it shall be in- show the fiber composition of each cluded in the statement of required part, unit, or item. percentages of fiber content. (b) Where garments, wearing apparel, (c) Where the ornamentation con- or other textile fiber products are mar- stitutes a distinct section of the prod- keted or handled in pairs or ensembles uct, sectional disclosure may be made of the same fiber content, only one in accordance with § 303.25 of this part. unit of the pair or ensemble need be la- beled with the required information § 303.27 Use of the term ‘‘All’’ or when sold and delivered to the ulti- ‘‘100%.’’ mate consumer. Where a textile fiber product or part [24 FR 4480, June 2, 1959, as amended at 25 FR thereof is comprised wholly of one 4318, May 14, 1960] fiber, other than any fiber ornamenta- tion, decoration, elastic, or trimming § 303.30 Textile fiber products in form as to which fiber content disclosure is for consumer. not required, either the word All or the A textile fiber product shall be con- term 100% may be used in labeling, to- sidered to be in the form intended for gether with the correct generic name sale or delivery to, or for use by, the of the fiber and any qualifying phrase, ultimate consumer when the manufac- when required; as for example: ‘‘100% turing or processing of the textile fiber Cotton,’’ ‘‘All Rayon, Exclusive of Or- product is substantially complete. The namentation,’’ ‘‘100% Acetate, Exclu- fact that minor or insignificant details sive of Decoration,’’ ‘‘All Nylon, Exclu- of the manufacturing or processing sive of Elastic,’’ etc. have not been completed shall not ex- cuse the labeling of such products as to § 303.28 Products contained in pack- the required information. For example, ages. a garment must be labeled even though When textile products are marketed such matters as the of a and delivered in a package which is in- or or the affixing of there- tended to remain unbroken and intact to remain to be completed. until after delivery to the ultimate § 303.31 Invoice in lieu of label. consumer, each textile product in the package, except hosiery, and the pack- Where a textile fiber product is not age shall be labeled with the required in the form intended for sale, delivery information. If the package is trans- to, or for use by the ultimate con- parent to the extent it allows for a sumer, an invoice or other document clear reading of the required informa- may be used in lieu of a label, and such invoice or other document shall show, tion on the textile product, the pack- in addition to the name and address of age is not required to be labeled. the person issuing the invoice or other [50 FR 15107, Apr. 17, 1985] document, the fiber content of such

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product as provided in the Act and reg- (i) The manufacturing process in the ulations as well as any other required foreign country and in the USA; for ex- information. ample: [79 FR 18771, Apr. 4, 2014] ‘‘Imported cloth, finished in USA’’ or § 303.32 Products containing reused stuffing. ‘‘Sewn in USA of imported components’’ or Any upholstered product, mattress, or cushion which contains stuffing ‘‘Made in [foreign country], finished in USA’’ which has been previously used as or stuffing in any other upholstered prod- ‘‘Scarf made in USA of fabric made in uct, mattress, or cushion shall have se- China’’ curely attached thereto a substantial or tag or label, at least 2 inches (5.08 cm) ‘‘Comforter Filled, Sewn and Finished in the by 3 inches (7.62 cm) in size, and state- U.S. With Shell Made in China’’ ments thereon conspicuously stamped or or printed in the English language and ‘‘Made in [Foreign Country]/fabric made in in plain type not less than 1⁄3 inch (8.38 USA’’ mm) high, indicating that the stuffing or therein is composed in whole or in part ‘‘Knit in USA, assembled in [Foreign Coun- of ‘‘reused stuffing,’’ ‘‘secondhand try]’’. stuffing,’’ ‘‘previously used stuffing,’’ (ii) When the U.S. Customs Service or ‘‘used stuffing.’’ requires an origin label on the unfin- [61 FR 11544, Mar. 21, 1996] ished product, the manufacturing proc- esses as required in paragraph (a)(4)(i) § 303.33 Country where textile fiber of this section or the name of the for- products are processed or manufac- eign country required by Customs, for tured. example: (a) In addition to the other informa- ‘‘Made in (foreign country)’’ tion required by the Act and Regula- tions: (b) For the purpose of determining (1) Each imported textile fiber prod- whether a product should be marked uct shall be labeled with the name of under paragraphs (a) (2), (3), or (4) of the country where such imported prod- this section, a manufacturer needs to uct was processed or manufactured; consider the origin of only those mate- (2) Each textile fiber product com- rials that are covered under the Act pletely made in the United States of and that are one step removed from materials that were made in the United that manufacturing process. For exam- States shall be labeled using the term ple, a yarn manufacturer must identify Made in U.S.A. or some other clear and fiber if it is imported, a cloth manufac- equivalent term. turer must identify imported yarn and (3) Each textile fiber product made in a household product manufacturer the United States, either in whole or in must identify imported cloth or im- part of imported materials, shall con- ported yarn for household products tain a label disclosing these facts; for made directly from yarn, or imported example: fiber used as filling for warmth. (c) The term country means the polit- Made in USA of imported fabric ical entity known as a nation. Except or for the United States, colonies, posses- Knitted in USA of imported yarn sions or protectorates outside the boundaries of the mother country shall and be considered separate countries, and (4) Each textile fiber product par- the name thereof shall be deemed ac- tially manufactured in a foreign coun- ceptable in designating the country try and partially manufactured in the where the textile fiber product was United States shall contain on a label processed or manufactured unless the the following information: Commission shall otherwise direct.

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(d) The country of origin of an im- or virgin fiber which has never been re- ported textile fiber product as deter- claimed from any spun, woven, knitted, mined under the laws and regulations felted, bonded, or similarly manufac- enforced by United States Customs and tured product. Border Protection shall be considered [79 FR 18771, Apr. 4, 2014] to be the country where such textile fiber product was processed or manu- § 303.36 Form of separate guaranty. factured. (a) The following are suggested forms (e) The English name of the country of separate guaranties under section 10 where the imported textile fiber prod- of the Act which may be used by a uct was processed or manufactured guarantor residing in the United States shall be used. The adjectival form of on or as part of an invoice or other doc- the name of the country will be accept- ument relating to the marketing or ed as the name of the country where handling of any textile fiber products the textile fiber product was processed listed and designated therein, and or manufactured, provided the adjec- showing the date of such invoice or tival form of the name does not appear other document and the signature and with such other words so as to refer to address of the guarantor. a kind or species of product. Variant (1) General form. We guarantee that spellings which clearly indicate the the textile fiber products specified English name of the country, such as herein are not misbranded nor falsely Brasil for Brazil and Italie for Italy, nor deceptively advertised or invoiced are acceptable. Abbreviations which under the provisions of the Textile unmistakably indicate the name of a Fiber Products Identification Act and country, such as ‘‘Gt. Britain’’ for rules and regulations thereunder. ‘‘Great Britain,’’ are acceptable. (2) Guaranty based on guaranty. Based (f) Nothing in this section shall be upon a guaranty received, we guaranty construed as limiting in any way the that the textile fiber products specified information required to be disclosed on herein are not misbranded nor falsely labels under the provisions of any Tar- nor deceptively advertised or invoiced iff Act of the United States or regula- under the provisions of the Textile tions promulgated thereunder. Fiber Products Identification Act and [24 FR 4480, June 2, 1959, as amended at 50 FR rules and regulations thereunder. 15107, Apr. 17, 1985; 63 FR 7521, Feb. 13, 1998; NOTE: The printed name and address on the 65 FR 75158, Dec. 1, 2000; 79 FR 18771, Apr. 4, invoice or other document will suffice to 2014] meet the signature and address require- ments. § 303.34 Country of origin in mail (b) The mere disclosure of required order advertising. information including the fiber content When a textile fiber product is adver- of a textile fiber product on a label or tised in any mail order catalog or mail on an invoice or other document relat- order promotional material, the de- ing to its marketing or handling shall scription of such product shall contain not be considered a form of separate a clear and conspicuous statement that guaranty. the product was either made in U.S.A., imported, or both. Other words or [24 FR 4480, June 2, 1959, as amended at 79 FR 18771, Apr. 4, 2014] phrases with the same meaning may be used. The statement of origin required § 303.37 Form of continuing guaranty by this section shall not be incon- from seller to buyer. sistent with the origin labeling of the Under section 10 of the Act, a seller product being advertised. residing in the United States may give [50 FR 15107, Apr. 17, 1985] a buyer a continuing guaranty to be applicable to all textile fiber products § 303.35 Use of terms ‘‘virgin’’ or ‘‘new.’’ sold or to be sold. The following is the The terms virgin or new as descrip- prescribed form of continuing guaranty tive of a textile fiber product, or any from seller to buyer: fiber or part thereof, shall not be used We, the undersigned, guaranty that when the product, fiber or part so de- all textile fiber products now being scribed is not composed wholly of new sold or which may hereafter be sold or

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delivered to llllllll are not, lllllllllllllllllllllll and will not be misbranded or falsely Name (Print or Type) and Title or deceptively advertised or invoiced under the provisions of the Textile [79 FR 18771, Apr. 4, 2014] Fiber Products Identification Act and rules and regulations thereunder. We § 303.38 Continuing guaranty filed with Federal Trade Commission. acknowledge that furnishing a false guaranty is an unlawful unfair and de- (a)(1) Under section 10 of the act any ceptive act or practice pursuant to the person residing in the United States Federal Trade Commission Act, and and marketing or handling textile fiber certify that we will actively monitor products may file a continuing guar- and ensure compliance with the Textile anty with the Federal Trade Commis- Fiber Products Identification Act and sion. When filed with the Commission a rules and regulations thereunder dur- continuing guaranty shall be fully exe- ing the duration of this guaranty. cuted in duplicate. Forms for use in Dated, signed, and certified this ll preparing continuing guaranties will be day of ll, 20l, at llllllll supplied by the Commission upon re- (City), llllllll (State or Terri- quest. tory) llllllll (name under (2) Continuing guaranties filed with which business is conducted.) the Commission shall continue in ef- I certify that the information sup- fect until revoked. The guarantor shall plied in this form is true and correct. promptly report any change in business lllllllllllllllllllllll status to the Commission. Signature of Proprietor, Principal (b) Prescribed form for a continuing Partner, or Corporate Official 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 handling of 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 . (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’ , tapestry cloth, and with the Act and regulations in this shoe . 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, group, association, partnership, or any TIONS UNDER THE HOBBY PRO- other business entity. TECTION ACT (i) Regulations means any or all regu- lations prescribed by the Federal Trade Sec. Commission pursuant to the Act. 304.1 Terms defined. 304.2 General requirement. (j) United States means the States, 304.3 Applicability. the District of Columbia, and the Com- 304.4 Application of other law or regulation. monwealth of Puerto Rico. 304.5 Marking requirements for imitation (k) Diameter of a reproduction means political items. the length of the longest possible 304.6 Marking requirements for imitation straight line connecting two points on numismatic items. the perimeter of the reproduction. AUTHORITY: 15 U.S.C. 2101 et seq. [40 FR 5496, Feb. 6, 1975, as amended at 53 FR SOURCE: 40 FR 5496, Feb. 6, 1975, unless oth- 38942, Oct. 4, 1988] erwise noted. § 304.2 General requirement. § 304.1 Terms defined. Imitation political or numismatic (a) Act means the Hobby Protection items subject to the Act shall be Act (approved November 29, 1973; Pub. marked in conformity with the require- L. 93–167, 87 Stat. 686, (15 U.S.C. 2101 et seq.)). ments of the Act and the regulations (b) Commerce has the same meanings promulgated thereunder. Any violation as such term has under the Federal of these regulations shall constitute a Trade Commission Act. violation of the Act and of the Federal (c) Commission means the Federal Trade Commission Act. Trade Commission. § 304.3 Applicability. (d) Imitation numismatic item means an item which purports to be, but in fact Any person engaged in the manufac- is not, an original numismatic item or turing, or importation into the United which is a reproduction, copy, or coun- States for introduction into or dis- terfeit of an original numismatic item. tribution in commerce, of imitation Such term includes an original numis- political or imitation numismatic matic item which has been altered or items shall be subject to the require- modified in such a manner that it ments of the Act and the regulations could reasonably purport to be an promulgated thereunder. Any person original numismatic item other than engaged in the sale in commerce of the one which was altered or modified. imitation numismatic items shall be The term shall not include any re-issue subject to the requirements of the Act or re-strike of any original numismatic and the regulations promulgated there- item by the United States or any for- under. It shall be a violation of the Act eign government. and the regulations promulgated there- (e) Imitation political item means an under for a person to provide substan- item which purports to be, but in fact tial assistance or support to any manu- is not, an original political item, or facturer, importer, or seller of imita- which is a reproduction, copy or coun- tion numismatic items, or to any man- terfeit of an original item. ufacturer or importer of imitation po- (f) Original numismatic item means litical items, if that person knows or anything which has been a part of a should have known that the manufac- coinage or issue which has been used in turer, importer, or seller is engaged in exchange or has been used to com- any practice that violates the Act and

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