15 U.S.C. § 68g — Guaranty

Page 105 TITLE 15—COMMERCE AND TRADE § 68j years prior to such importation, shall be stamped, tagged, labeled, or otherwise identified in accordance with the provisions of this sub- chapter and all invoices of such wool products required under the Act of June 17, 1930 (c. 497, title IV, 46 Stat. 719), shall set forth, in addition to the matter therein specified, the information with respect to said wool products required under the provisions of this subchapter, which information shall be in the invoices prior to their certification under said Act of June 17, 1930. The falsification of, or failure to set forth, said information in said invoices, or the fal- sification or perjury of the consignee’s declara- tion provided for in said Act of June 17, 1930, in- sofar as it relates to said information, shall be an unfair method of competition, and an unfair and deceptive act, or practice, in commerce under the Federal Trade Commission Act; and any person who falsifies, or fails to set forth, said information in said invoices, or who fal- sifies or perjures said consignee’s declaration in- sofar as it relates to said information, may thenceforth be prohibited by the Commission from importing, or participating in the importa- tion of, any wool products into the United States except upon filing bond with the Sec- retary of the Treasury in a sum double the value of said wool products and any duty thereon, con- ditioned upon compliance with the provisions of this subchapter. A verified statement from the manufacturer or producer of such wool products showing their fiber content as required under the provisions of this subchapter may be required under regula- tions prescribed by the Secretary of the Treas- ury. (Oct. 14, 1940, ch. 871, § 8, 54 Stat. 1132.) Editorial Notes REFERENCES IN TEXT Provisions covering invoices of wool products re- quired under the Act of June 17, 1930 (c. 497, title IV, 46 Stat. 719), referred to in text, are set out as section 1481 et seq. of Title 19, Customs Duties. Provisions covering certification of invoices under the Act of June 17, 1930, referred to in text, are set out as section 1482 of Title 19. Provisions covering the consignee’s declaration under the Act of June 17, 1930, referred to in text, are set out in section 1485 of Title 19. 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. § 68g. Guaranty (a) Avoidance of liability; requirements No person shall be guilty under section 68a of this title if he establishes a guaranty received in good faith signed by and containing the name and address of the person residing in the United States by whom the wool product guaranteed was manufactured and/or from whom it was re- ceived, that said wool product is not misbranded under the provisions of this subchapter. Said guaranty shall be either (1) a separate guaranty specifically designating the wool prod- uct guaranteed, in which case it may be on the invoice or other paper relating to said wool product; or (2) a continuing guaranty filed with the Commission applicable to all wool products handled by a guarantor in such form as the Com- mission by rules and regulations may prescribe. (b) Furnishing false guaranty Any person who furnishes a false guaranty, ex- cept a person relying upon a guaranty to the same effect received in good faith signed by and containing the name and address of the person residing in the United States by whom the wool product guaranteed was manufactured and/or from whom it was received, with reason to be- lieve the wool product falsely guaranteed may be introduced, sold, transported, or distributed in commerce, is guilty of an unfair method of competition, and an unfair and deceptive act or practice, in commerce within the meaning of the Federal Trade Commission Act. (Oct. 14, 1940, ch. 871, § 9, 54 Stat. 1132.) 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. § 68h. Criminal penalty Any person who willfully violates sections 68a, 68c, 68f, or 68g(b) of this title shall be guilty of a misdemeanor and upon conviction shall be fined not more than $5,000, or be imprisoned not more than one year, or both, in the discretion of the court: Provided, That nothing herein shall limit other provisions of this subchapter. Whenever the Commission has reason to be- lieve any person is guilty of a misdemeanor under this section, it shall certify all pertinent facts to the Attorney General, whose duty it shall be to cause appropriate proceedings to be brought for the enforcement of the provisions of this section against such person. (Oct. 14, 1940, ch. 871, § 10, 54 Stat. 1133.) 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. § 68i. Application of other laws The provision 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. (Oct. 14, 1940, ch. 871, § 11, 54 Stat. 1133.) § 68j. Exceptions from subchapter None of the provisions of this subchapter shall be construed to apply to the manufacture, deliv-