15 U.S.C. § 70g — Exclusion of misbranded textile fiber prod-

Page 116 TITLE 15—COMMERCE AND TRADE § 70g the meaning of the Federal Trade Commission Act, the Commission may bring suit in the district court of the United States or in the United States court of any Territory, for the district or Territory in which such person resides or trans- acts business, to enjoin the doing of such act and upon proper showing a temporary injunction or restraining order shall be granted without bond. (Pub. L. 85–897, § 8, Sept. 2, 1958, 72 Stat. 1721.) 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. § 70g. Exclusion of misbranded textile fiber prod- ucts All textile fiber products imported into the United States shall be stamped, tagged, labeled, or otherwise identified in accordance with the provisions of section 70b of this title, and all in- voices of such products required pursuant to sec- tion 1484 of title 19, shall set forth, in addition to the matter therein specified, the information with respect to said products required under the provisions of section 70b(b) of this title, which information shall be in the invoices prior to their certification, if such certification is re- quired pursuant to section 1484 of title 19. The falsification of, or failure to set forth the re- quired information in such invoices, or the fal- sification or perjury of the consignee’s declara- tion provided for in section 1485 of title 19, inso- far as it relates to such information, is unlaw- ful, and shall be an unfair method of competi- tion, and an unfair and deceptive act or prac- tice, in commerce under the Federal Trade Com- mission Act [15 U.S.C. 41 et seq.]; and any person who falsifies, or perjures the consignee’s dec- laration insofar as it relates to such informa- tion, may thenceforth be prohibited by the Com- mission from importing, or participating in the importation of, any textile fiber product into the United States except upon filing bond with the Secretary of the Treasury in a sum double the value of said products and any duty thereon, conditioned upon compliance with the provi- sions of this subchapter. A verified statement from the manufacturer or producer of such prod- ucts showing their fiber content as required under the provisions of this subchapter may be required under regulation prescribed by the Sec- retary of the Treasury. (Pub. L. 85–897, § 9, Sept. 2, 1958, 72 Stat. 1722.) 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. § 70h. Guaranty (a) Avoidance of liability; requirements No person shall be guilty of an unlawful act under section 70a 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 tex- tile fiber product guaranteed was manufactured or from whom it was received, that said product is not misbranded or falsely invoiced under the provisions of this subchapter. Said guaranty shall be (1) a separate guaranty specifically des- ignating the textile fiber product guaranteed, in which case it may be on the invoice or other paper relating to said product; or (2) a con- tinuing guaranty given by seller to the buyer applicable to all textile fiber products sold to or to be sold to buyer by seller in a form as the Commission, by rules and regulations, may pre- scribe; or (3) a continuing guaranty filed with the Commission applicable to all textile fiber products handled by a guarantor in such form as the Commission by rules and regulations may prescribe. (b) Furnishing false guaranty The furnishing of a false guaranty, except where the person furnishing such false guaranty relies on 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 product guaranteed was manufactured or from whom it was received, is unlawful, and shall be an unfair method of com- petition, and an unfair and deceptive act or practice, in commerce, within the meaning of the Federal Trade Commission Act [15 U.S.C. 41 et seq.]. (Pub. L. 85–897, § 10, Sept. 2, 1958, 72 Stat. 1722.) Editorial Notes REFERENCES IN TEXT The Federal Trade Commission Act, referred to in subsec. (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. § 70i. Criminal penalty (a) Any person who willfully does an act which by section 70a, 70c, 70d, 70g, or 70h(b) of this title is declared to be unlawful 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 in this section shall limit any other provision of this sub- chapter. (b) Whenever the Commission has reason to believe that any person is guilty of a mis- demeanor under this section, it may certify all pertinent facts to the Attorney General. If, on the basis of the facts certified, the Attorney General concurs in such belief, it shall be his duty to cause appropriate proceedings to be brought for the enforcement of the provisions of this section against such person. (Pub. L. 85–897, § 11, Sept. 2, 1958, 72 Stat. 1723.)