15 U.S.C. § 70j — Exemptions

Page 117 TITLE 15—COMMERCE AND TRADE § 75 § 70j. Exemptions (a) None of the provisions of this subchapter shall be construed to apply to— (1) upholstery stuffing, except as provided in section 70b(h) of this title; (2) outer coverings of furniture, mattresses, and box springs; (3) linings or interlinings incorporated pri- marily for structural purposes and not for warmth; (4) filling or padding incorporated primarily for structural purposes and not for warmth; (5) stiffenings, trimmings, facings, or inter- facings; (6) backings of, and paddings or cushions to be used under, floor coverings; (7) sewing and handicraft threads; (8) bandages, surgical dressings, and other textile fiber products, the labeling of which is subject to the requirements of the Federal Food, Drug and Cosmetic Act of 1938, as amended [21 U.S.C. 301 et seq.]; (9) waste materials not intended for use in a textile fiber product; (10) textile fiber products incorporated in shoes or overshoes or similar outer footwear; (11) textile fiber products incorporated in headwear, handbags, luggage, brushes, lamp- shades, or toys, catamenial devices, adhesive tapes and adhesive sheets, cleaning cloths im- pregnated with chemicals, or diapers. The exemption provided for any article by para- graph (3) or (4) of this subsection shall not be ap- plicable if any representation as to fiber content of such article is made in any advertisement, label, or other means of identification covered by section 70b of this title. (b) The Commission may exclude from the pro- visions of this subchapter other textile fiber products (1) which have an insignificant or in- consequential textile fiber content, or (2) with respect to which the disclosure of textile fiber content is not necessary for the protection of the ultimate consumer. (Pub. L. 85–897, § 12, Sept. 2, 1958, 72 Stat. 1723.) Editorial Notes REFERENCES IN TEXT The Federal Food, Drug and Cosmetic Act of 1938, re- ferred to in subsec. (a)(8), is act June 25, 1938, ch. 675, 52 Stat. 1040, which is classified generally to chapter 9 (§ 301 et seq.) of Title 21, Food and Drugs. For complete classification of this Act to the Code, see section 301 of Title 21 and Tables. § 70k. Application of other laws The provisions of this subchapter shall be held to be in addition to, and not in substitution for or limitation of, the provisions of any other Act of the United States. (Pub. L. 85–897, § 14, Sept. 2, 1958, 72 Stat. 1724.) SUBCHAPTER VI—PREVENTION OF UNFAIR METHODS OF COMPETITION § 71. ‘‘Person’’ defined When used in this subchapter the term ‘‘per- son’’ includes partnerships, corporations, and as- sociations. (Sept. 8, 1916, ch. 463, title VIII, § 800, 39 Stat. 798.) § 72. Repealed. Pub. L. 108–429, title II, § 2006(a), Dec. 3, 2004, 118 Stat. 2597 Section, act Sept. 8, 1916, ch. 463, title VIII, § 801, 39 Stat. 798, related to importation or sale of articles at less than market value or wholesale price. Statutory Notes and Related Subsidiaries SAVINGS PROVISION Pub. L. 108–429, title II, § 2006(b), Dec. 3, 2004, 118 Stat. 2597, provided that: ‘‘The repeal made by subsection (a) [repealing this section] shall not affect any action under section 801 of the Act referred to in subsection (a) [this section] that was commenced before the date of the enactment of this Act [Dec. 3, 2004] and is pend- ing on such date.’’ § 73. Agreements involving restrictions in favor of imported goods If any article produced in a foreign country is imported into the United States under any agreement, understanding, or condition that the importer thereof or any other person in the United States shall not use, purchase, or deal in, or shall be restricted in his using, purchasing, or dealing in, the articles of any other person, there shall be levied, collected, and paid there- on, in addition to the duty otherwise imposed by law, a special duty equal to double the amount of such duty: Provided, That the above shall not be interpreted to prevent the establishing in this country on the part of a foreign producer of an exclusive agency for the sale in the United States of the products of said foreign producer or merchant, nor to prevent such exclusive agent from agreeing not to use, purchase, or deal in the article of any other person, but this proviso shall not be construed to exempt from the provisions of this section any article im- ported by such exclusive agent if such agent is required by the foreign producer or if it is agreed between such agent and such foreign pro- ducer that any agreement, understanding or condition set out in this section shall be im- posed by such agent upon the sale or other dis- position of such article to any person in the United States. (Sept. 8, 1916, ch. 463, title VIII, § 802, 39 Stat. 799.) § 74. Rules and regulations The Secretary of the Treasury shall make such rules and regulations as are necessary for the carrying out of the provisions of section 73 of this title. (Sept. 8, 1916, ch. 463, title VIII, § 803, 39 Stat. 799.) § 75. Retaliation against country prohibiting im- portations Whenever any country, dependency, or colony shall prohibit the importation of any article the product of the soil or industry of the United States and not injurious to health or morals, the President shall have power to prohibit, during the period such prohibition is in force, the im- portation into the United States of similar arti-