15 U.S.C. § 65 — Information required from export trade cor-

Page 99 TITLE 15—COMMERCE AND TRADE § 65 45, 46, 50, 57a, and 57c of this title, and enacting provi- sions set out as notes under sections 45, 46, 57a, 57a–1, and 57c of this title] may be cited as the ‘Federal Trade Commission Improvements Act of 1980’.’’ SUBCHAPTER II—PROMOTION OF EXPORT TRADE § 61. Export trade; definitions The words ‘‘export trade’’ wherever used in this subchapter mean solely trade or commerce in goods, wares, or merchandise exported, or in the course of being exported from the United States or any Territory thereof to any foreign nation; but the words ‘‘export trade’’ shall not be deemed to include the production, manufac- ture, or selling for consumption or for resale, within the United States or any Territory there- of, of such goods, wares, or merchandise, or any act in the course of such production, manufac- ture, or selling for consumption or for resale. The words ‘‘trade within the United States’’ wherever used in this subchapter mean trade or commerce among the several States or in any Territory of the United States, or in the District of Columbia, or between any such Territory and another, or between any such Territory or Terri- tories and any State or States or the District of Columbia, or between the District of Columbia and any State or States. The word ‘‘association’’ wherever used in this subchapter means any corporation or combina- tion, by contract or otherwise, of two or more persons, partnerships, or corporations. (Apr. 10, 1918, ch. 50, § 1, 40 Stat. 516.) § 62. Export trade and antitrust legislation Nothing contained in the Sherman Act [15 U.S.C. 1 et seq.] shall be construed as declaring to be illegal an association entered into for the sole purpose of engaging in export trade and ac- tually engaged solely in such export trade, or an agreement made or act done in the course of ex- port trade by such association, provided such as- sociation, agreement, or act is not in restraint of trade within the United States, and is not in restraint of the export trade of any domestic competitor of such association: Provided, That such association does not, either in the United States or elsewhere, enter into any agreement, understanding, or conspiracy, or do any act which artificially or intentionally enhances or depresses prices within the United States of commodities of the class exported by such asso- ciation, or which substantially lessens competi- tion within the United States or otherwise re- strains trade therein. (Apr. 10, 1918, ch. 50, § 2, 40 Stat. 517.) Editorial Notes CODIFICATION ‘‘Sherman Act [15 U.S.C. 1 et seq.]’’ substituted in text for ‘‘Act entitled ‘An Act to protect trade and commerce against unlawful restraints and monopolies,’ approved July second, eighteen hundred and ninety’’ on authority of the enacting clause of that Act set out as a Short Title note under section 1 of this title. § 63. Acquisition of stock of export trade corpora- tion Nothing contained in section 18 of this title shall be construed to forbid the acquisition or ownership by any corporation of the whole or any part of the stock or other capital of any cor- poration organized solely for the purpose of en- gaging in export trade, and actually engaged solely in such export trade, unless the effect of such acquisition or ownership may be to re- strain trade or substantially lessen competition within the United States. (Apr. 10, 1918, ch. 50, § 3, 40 Stat. 517.) § 64. Unfair methods of competition in export trade The prohibition against ‘‘unfair methods of competition’’ and the remedies provided for en- forcing said prohibition contained in the Federal Trade Commission Act [15 U.S.C. 41 et seq.] shall be construed as extending to unfair methods of competition used in export trade against com- petitors engaged in export trade, even though the acts constituting such unfair methods are done without the territorial jurisdiction of the United States. (Apr. 10, 1918, ch. 50, § 4, 40 Stat. 517.) Editorial Notes REFERENCES IN TEXT The Federal Trade Commission Act, referred to in text, is act Sept. 26, 1914, ch. 311, 38 Stat. 717, which is classified generally to subchapter I (§ 41 et seq.) of this chapter. For complete classification of this Act to the Code, see section 58 of this title and Tables. CODIFICATION ‘‘Federal Trade Commission Act [15 U.S.C. 41 et seq.]’’ substituted in text for ‘‘Act entitled ‘An Act to create a Federal Trade Commission, to define its powers and duties, and for other purposes,’ approved September twenty-sixth, nineteen hundred and fourteen’’ on au- thority of section 18 of that Act [15 U.S.C. 58]. § 65. Information required from export trade cor- poration; powers of Federal Trade Commis- sion Every association which engages solely in ex- port trade, within thirty days after its creation, shall file with the Federal Trade Commission a verified written statement setting forth the lo- cation of its offices or places of business and the names and addresses of all its officers and of all its stockholders or members, and if a corpora- tion, a copy of its certificate or articles of incor- poration and bylaws, and if unincorporated, a copy of its articles or contract of association, and on the 1st day of January of each year every association engaged solely in export trade shall make a like statement of the location of its of- fices or places of business and the names and ad- dresses of all its officers and of all its stock- holders or members and of all amendments to and changes in its articles or certificate of in- corporation or in its articles or contract of asso- ciation. It shall also furnish to the Commission such information as the Commission may re- quire as to its organization business, conduct, practices, management, and relation to other Page 100 TITLE 15—COMMERCE AND TRADE § 66 associations, corporations, partnerships, and in- dividuals. Any association which shall fail so to do shall not have the benefit of the provisions of sections 62 and 63 of this title, and it shall also forfeit to the United States the sum of $100 for each and every day of the continuance of such failure, which forfeiture shall be payable into the Treasury of the United States, and shall be recoverable in a civil suit in the name of the United States brought in the district where the association has its principal office, or in any dis- trict in which it shall do business. It shall be the duty of the various United States attorneys, under the direction of the Attorney General of the United States, to prosecute for the recovery of the forfeiture. The costs and expenses of such prosecution shall be paid out of the appropria- tion for the expenses of the courts of the United States. Whenever the Federal Trade Commission shall have reason to believe that an association or any agreement made or act done by such asso- ciation is in restraint of trade within the United States or in restraint of the export trade of any domestic competitor of such association, or that an association either in the United States or elsewhere has entered into any agreement, un- derstanding, or conspiracy, or done any act which artificially or intentionally enhances or depresses prices within the United States of commodities of the class exported by such asso- ciation, or which substantially lessens competi- tion within the United States or otherwise re- strains trade therein, it shall summon such as- sociation, its officers, and agents to appear be- fore it, and thereafter conduct an investigation into the alleged violations of law. Upon inves- tigation, if it shall conclude that the law has been violated, it may make to such association recommendations for the readjustment of its business, in order that it may thereafter main- tain its organization and management and con- duct its business in accordance with law. If such association fails to comply with the rec- ommendations of the Federal Trade Commis- sion, said Commission shall refer its findings and recommendations to the Attorney General of the United States for such action thereon as he may deem proper. For the purpose of enforcing these provisions the Federal Trade Commission shall have all the powers, so far as applicable, given it in the Fed- eral Trade Commission Act [15 U.S.C. 41 et seq.]. (Apr. 10, 1918, ch. 50, § 5, 40 Stat. 517; June 25, 1948, ch. 646, § 1, 62 Stat. 909.) Editorial Notes REFERENCES IN TEXT The Federal Trade Commission Act, referred to in text, is act Sept. 26, 1914, ch. 311, 38 Stat. 717, which is classified generally to subchapter I (§ 41 et seq.) of this chapter. For complete classification of this Act to the Code, see section 58 of this title and Tables. CODIFICATION ‘‘Federal Trade Commission Act [15 U.S.C. 41 et seq.]’’ substituted in text for ‘‘An Act to create a Federal Trade Commission, to define its powers and duties, and for other purposes,’’ on authority of section 18 of that Act [15 U.S.C. 58]. Statutory Notes and Related Subsidiaries CHANGE OF NAME Act June 25, 1948, eff. Sept. 1, 1948, substituted ‘‘United States attorneys’’ for ‘‘district attorneys’’. See section 541 of Title 28, Judiciary and Judicial Proce- dure. Executive Documents TRANSFER OF FUNCTIONS For transfer of functions of Federal Trade Commis- sion, with certain exceptions, to Chairman of such Commission, see Reorg. Plan No. 8 of 1950, § 1, eff. May 24, 1950, 15 F.R. 3175, 64 Stat. 1264, set out under section 41 of this title. § 66. Short title This subchapter may be cited as the ‘‘Webb- Pomerene Act’’. (Apr. 10, 1918, ch. 50, § 6, as added Pub. L. 94–435, title III, § 305(c), Sept. 30, 1976, 90 Stat. 1397.) SUBCHAPTER III—LABELING OF WOOL PRODUCTS § 68. Definitions As used in this subchapter— (a) The term ‘‘person’’ means an individual, partnership, corporation, association, or any other form of business enterprise, plural or sin- gular, as the case demands. (b) The term ‘‘wool’’ means the fiber from the fleece of the sheep or lamb or hair of the Angora or Cashmere goat (and may include the so-called specialty fibers from the hair of the camel, al- paca, llama, and vicuna) which has never been reclaimed from any woven or felted wool prod- uct. (c) The term ‘‘recycled wool’’ means (1) the re- sulting fiber when wool has been woven or felted into a wool product which, without ever having been utilized in any way by the ultimate con- sumer, subsequently has been made into a fi- brous state, or (2) the resulting fiber when wool or reprocessed wool has been spun, woven, knit- ted, or felted into a wool product which, after having been used in any way by the ultimate consumer, subsequently has been made into a fi- brous state. (d) The term ‘‘wool product’’ means any prod- uct, or any portion of a product, which contains, purports to contain, or in any way is rep- resented as containing wool or recycled wool. (e) The term ‘‘Commission’’ means the Federal Trade Commission. (f) The term ‘‘Federal Trade Commission Act’’ means the Act of Congress entitled ‘‘An Act to create a Federal Trade Commission, to define its powers and duties, and for other purposes’’, ap- proved September 26, 1914, as amended, and the Federal Trade Commission Act approved March 21, 1938. (g) The term ‘‘commerce’’ means commerce among the several States or with foreign na- tions, or in any Territory of the United States or in the District of Columbia, or between any such Territory and another, or between any such Territory and any State or foreign nation, or be- tween the District of Columbia and any State or Territory or foreign nation.