15 U.S.C. § 70c — Removal of stamp, tag, label, or other iden-

Page 114 TITLE 15—COMMERCE AND TRADE § 70c (j) Location of stamp, tag, label, or other identi- fication For purposes of this subchapter, any textile fiber product shall be misbranded if a stamp, tag, label, or other identification conforming to the requirements of this section is not on or af- fixed to the inside center of the neck midway be- tween the shoulder seams or, if such product does not contain a neck, in the most con- spicuous place on the inner side of such product, unless it is on or affixed on the outer side of such product, or in the case of hosiery items on the outer side of such product or package. (k) Marking of certain sock products (1) Notwithstanding any other provision of law, socks provided for in subheading 6115.92.90, 6115.93.90, 6115.99.18, 6111.20.60, 6111.30.50, or 6111.90.50 of the Harmonized Tariff Schedule of the United States, as in effect on September 1, 2003, shall be marked as legibly, indelibly, and permanently as the nature of the article or package will permit in such a manner as to indi- cate to the ultimate consumer in the United States the English name of the country of origin of the article. The marking required by this sub- section shall be on the front of the package, ad- jacent to the size designation of the product, and shall be set forth in such a manner as to be clearly legible, conspicuous, and readily acces- sible to the ultimate consumer. (2) EXCEPTIONS.—Any package that contains several different types of goods and includes socks classified under subheading 6115.92.90, 6115.93.90, 6115.99.18, 6111.20.60, 6111.30.50, or 6111.90.50 of the Harmonized Tariff Schedule of the United States, as in effect on September 1, 2003, shall not be subject to the requirements of paragraph (1). (Pub. L. 85–897, § 4, Sept. 2, 1958, 72 Stat. 1719; Pub. L. 89–35, §§ 1, 2, June 5, 1965, 79 Stat. 124; Pub. L. 98–417, title III, §§ 301–303, Sept. 24, 1984, 98 Stat. 1603, 1604; Pub. L. 108–429, title II, § 2004(h)(1), Dec. 3, 2004, 118 Stat. 2594.) Editorial Notes REFERENCES IN TEXT The Harmonized Tariff Schedule of the United States, referred to in subsec. (k), is not set out in the Code. See Publication of Harmonized Tariff Schedule note set out under section 1202 of Title 19, Customs Duties. The Fur Products Labeling Act, referred to in subsec. (g), is act Aug. 8, 1951, ch. 298, 65 Stat. 175, which is classified generally to subchapter IV (§ 69 et seq.) of this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 69 of this title and Tables. AMENDMENTS 2004—Subsec. (k). Pub. L. 108–429 added subsec. (k). 1984—Subsec. (b)(5). Pub. L. 98–417, § 301, added par. (5). Subsec. (e). Pub. L. 98–417, § 302, amended subsec. (e) generally. Prior to amendment, subsec. (e) read as fol- lows: ‘‘This section shall not be construed as requiring the affixing of a stamp, tag, label, or other means of identification to each textile fiber product contained in a package if (1) such textile fiber products are intended for sale to the ultimate consumer in such package, (2) such package has affixed to it a stamp, tag, label, or other means of identification bearing, with respect to the textile fiber products contained therein, the infor- mation required by subsection (b) of this section, and (3) the information on the stamp, tag, label, or other means of identification affixed to such package is equally applicable with respect to each textile fiber product contained therein.’’ Subsecs. (i), (j). Pub. L. 98–417, § 303, added subsecs. (i) and (j). 1965—Subsec. (b)(1). Pub. L. 89–35, § 1, inserted ‘‘, but nothing in this section shall be construed as prohib- iting the disclosure of any fiber present in a textile fiber product which has a clearly established and defi- nite functional significance where present in the amount contained in such product’’. Subsec. (b)(2). Pub. L. 89–35, § 2, inserted ‘‘, but noth- ing in this section shall be construed as prohibiting the disclosure of any fiber present in a textile fiber product which has a clearly established and definite functional significance where present in the amount stated’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2004 AMENDMENT Pub. L. 108–429, title II, § 2004(h)(2), Dec. 3, 2004, 118 Stat. 2594, provided that: ‘‘The amendment made by paragraph (1) [amending this section] shall take effect on the date that is 15 months after the date of enact- ment of this Act [Dec. 3, 2004], and on and after the date that is 15 months after such date of enactment, any provision of part 303 of title 16, Code of Federal Regula- tions, that is inconsistent with such amendment shall not apply.’’ EFFECTIVE DATE OF 1984 AMENDMENT Amendment by Pub. L. 98–417 effective 90 days after Sept. 24, 1984, see section 307 of Pub. L. 98–417, set out as a note under section 68b of this title. § 70c. Removal of stamp, tag, label, or other iden- tification (a) Removal or mutilation after shipment in com- merce After shipment of a textile fiber product in commerce it shall be unlawful, except as pro- vided in this subchapter, to remove or mutilate, or cause or participate in the removal or mutila- tion of, prior to the time any textile fiber prod- uct is sold and delivered to the ultimate con- sumer, any stamp, tag, label, or other identifica- tion required by this subchapter to be affixed to such textile fiber product, and any person vio- lating this section shall be guilty of an unfair method of competition, and an unfair or decep- tive act or practice, under the Federal Trade Commission Act [15 U.S.C. 41 et seq.]. (b) Substitution of stamp, tag, etc. Any person— (1) introducing, selling, advertising, or offer- ing for sale, in commerce, or importing into the United States, a textile fiber product sub- ject to the provisions of this subchapter, or (2) selling, advertising, or offering for sale a textile fiber product whether in its original state or contained in other textile fiber prod- ucts, which has been shipped, advertised, or of- fered for sale, in commerce, may substitute for the stamp, tag, label, or other means of identification required to be af- fixed to such textile product pursuant to section 70b(b) of this title, a stamp, tag, label, or other means of identification conforming to the re- quirements of section 70b(b) of this title, and such substituted stamp, tag, label, or other means of identification shall show the name or Page 115 TITLE 15—COMMERCE AND TRADE § 70f other identification issued and registered by the Commission of the person making the substi- tution. (c) Affixing of stamp, tag, etc. to individual unit of broken package If any person other than the ultimate con- sumer breaks a package which bears a stamp, tag, label, or other means of identification con- forming to the requirements of section 70b of this title, and if such package contains one or more units of a textile fiber product to which a stamp, tag, label, or other identification con- forming to the requirements of section 70b of this title is not affixed, such person shall affix a stamp, tag, label, or other identification bearing the information on the stamp, tag, label, or other means of identification attached to such broken package to each unit of textile fiber product taken from such broken package. (Pub. L. 85–897, § 5, Sept. 2, 1958, 72 Stat. 1720.) Editorial Notes REFERENCES IN TEXT The Federal Trade Commission Act, referred to in subsec. (a), 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. § 70d. Records (a) Maintenance and preservation by manufac- turer Every manufacturer of textile fiber products subject to this subchapter shall maintain proper records showing the fiber content as required by this subchapter of all such products made by him, and shall preserve such records for at least three years. (b) Maintenance and preservation by person sub- stituting stamp, tag, etc. Any person substituting a stamp, tag, label, or other identification pursuant to section 70c(b) of this title shall keep such records as will show the information set forth on the stamp, tag, label, or other identification that he removed and the name or names of the person or persons from whom such textile fiber product was re- ceived, and shall preserve such records for at least three years. (c) Neglect or refusal to maintain or preserve records The neglect or refusal to maintain or preserve the records required by this section is unlawful, and any person neglecting or refusing to main- tain such records shall be guilty of an unfair method of competition, and an unfair or decep- tive act or practice, in commerce, under the Federal Trade Commission Act [15 U.S.C. 41 et seq.]. (Pub. L. 85–897, § 6, Sept. 2, 1958, 72 Stat. 1721.) Editorial Notes REFERENCES IN TEXT The Federal Trade Commission Act, referred to in subsec. (c), 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. § 70e. Enforcement (a) Enforcement by Federal Trade Commission Except as otherwise specifically provided here- in, this subchapter shall be enforced by the Fed- eral Trade Commission under rules, regulations, and procedure provided for in the Federal Trade Commission Act [15 U.S.C. 41 et seq.]. (b) Terms of Federal Trade Commission Act in- corporated into this subchapter The Commission is authorized and directed to prevent any person from violating the provi- sions of this subchapter in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Com- mission Act [15 U.S.C. 41 et seq.] were incor- porated into and made a part of this subchapter; and any such person violating the provisions of this subchapter shall be subject to the penalties and entitled to the privileges and immunities provided in said Federal Trade Commission Act, in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though the applicable terms and provisions of the said Federal Trade Commission Act were in- corporated into and made a part of this sub- chapter. (c) Rules and regulations by Federal Trade Com- mission The Commission is authorized and directed to make such rules and regulations, including the establishment of generic names of manufactured fibers, under and in pursuance of the terms of this subchapter as may be necessary and proper for administration and enforcement. (d) Inspection, analyses, tests, etc. The Commission is authorized to cause inspec- tions, analyses, tests, and examinations to be made of any product subject to this subchapter. (Pub. L. 85–897, § 7, Sept. 2, 1958, 72 Stat. 1721.) Editorial Notes REFERENCES IN TEXT The Federal Trade Commission Act, referred to in subsecs. (a) and (b), 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. § 70f. Injunction proceedings Whenever the Commission has reason to be- lieve— (a) that any person is doing, or is about to do, an act which by section 70a, 70c, 70d, 70g, or 70h(b) of this title is declared to be unlaw- ful; and (b) that it would be to the public interest to enjoin the doing of such act until complaint is issued by the Commission under the Federal Trade Commission Act [15 U.S.C. 41 et seq.] and such complaint is dismissed by the Com- mission or set aside by the court on review or until an order to cease and desist made there- on by the Commission has become final within