[Federal Register Volume 59, Number 73 (Friday, April 15, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-9135]
[[Page Unknown]]
[Federal Register: April 15, 1994]
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FEDERAL TRADE COMMISSION
16 CFR Part 22
Request for Comments Concerning Guides for the Hosiery Industry
AGENCY: Federal Trade Commission.
ACTION: Request for public comments.
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SUMMARY: The Federal Trade Commission (the ``Commission) is requesting
public comments on its Guides for the Hosiery Industry (``Hosiery
Industry Guides''). The Commission is also requesting comments about
the overall costs and benefits of the Hosiery Industry Guides and their
overall regulatory and economic impact as a part of it systematic
review of all current Commission regulations and guides.
DATES: Written comments will be accepted until June 14, 1994.
ADDRESSES: Comments should be directed to: Secretary, Federal Trade
Commission, room H-159, Sixth and Pennsylvania Ave., NW., Washington,
DC 20580. Comments about the Hosiery Industry Guides should be
identified as ``16 CFR Part 22--Comment.''
FOR FURTHER INFORMATION CONTACT: Ann M. Guler, Investigator, Federal
Trade Commission, Los Angeles Regional Office, suite 13209, 11000
Wilshire Blvd., Los Angeles, CA 90024, (310) 575-7890.
SUPPLEMENTARY INFORMATION: The Commission has determined, as part of
its oversight responsibilities, to review rules and guides
periodically. These reviews will seek information about the costs and
benefits of the Commission's rules and guides and their regulatory and
economic impact. The information obtained will assist the Commission in
identifying rules and guides that warrant modification or recision.
At this time, the Commission solicits written public comments
concerning the Commission's Guides for the Hosiery Industry (16 CFR
part 22).
The Hosiery Industry Guides, like the other industry guides issued
by the Commission, ``are administrative interpretations of laws
administered by the Commission for the guidance of the public in
conducting its affairs in conformity with legal requirements. They
provide the basis for voluntary and simultaneous abandonment of
unlawful practices by members of industry.'' 16 CFR 1.5. Conduct
inconsistent with the guides may result in corrective action by the
Commission under aapplicable statutory provisions. The Commission
promulgates industry guides ``when it appears to the commission that
guidance as to the legal requirements applicable to particular
practices would be beneficial in the public interest and would serve to
bring about more widespread and equitable observance of laws
administered by the Commission.'' 16 CFR 1.6.
The Hosiery Industry Guides concern deceptive advertising and
marketing of all hosiery industry products, including stockings and
socks that are marketed to men, women, and children. Specifically, the
Hosiery Industry Guides proscribe deception as to the grade, character,
construction, origin, denier, size, style, fashion, gauge, twist of
yarn, quality, quantity, value, price, serviceability, resistance to
snagging or the development of runs, holes or breaks in the fabric,
strength, stretch, length, color, finish, manufacture, or distribution
of any hosiery product. The Hosiery Industry Guides also delineate the
use of the terms ``lisle,'' ``irregulars,'' and ``seconds'' as they
apply to hosiery.
Section 22.3(a) of the Hosiery Industry Guides, relating to the
definition of ``lisle,'' sets forth the minimum ply twist in terms of
turns per inch. Section 22.3(b) states that the term ``long staple
cotton fiber'' refers to ``cotton fiber which is not less than 1\1/8\''
[inch] in length of staple: Provided, however, That nothing in this
section shall be construed as prohibiting the use of cotton fiber which
is not less than 1\1/16\'' [inch] in length of staple for the counts of
35 and less above referred to.'' Under Executive Order 12770 of July
25, 1991 (56 FR 35801, July 19, 1991), and the Metric Conversion Act,
as amended by the Omnibus Trade and Competitiveness Act (15 U.S.C.
205b), all federal agencies are required to use the SI metric system of
measurement in all procurement, grants and other business-related
activities (which include rulemakings), except to the extent that such
use is impractical or is likely to cause significant inefficiencies or
loss of business by United States firms. To comply with these
provisions, should the Commission elect to retain the Hosiery Industry
Guides after conducting this review, the inch measurements cited above
will be followed by the metric equivalents in parentheses. Thus, the
second sentence of Sec. 22.3(a) would be revised to read: ``For
purposes of this section the term `lisle' as descriptive of hosiery, or
part thereof, is considered as representing that such hosiery is made
of yarn composed to two or more ply of combed long staple cotton fiber,
the ply twist of which is not less than the turns per inch (2.54
centimeters) indicated on the following table.'' The note following the
table in Sec. 22.3(a) would be revised as follows: ``* * * for each
additional ply above 4, 1 turn per inch (2.54 centimeters) may be
deducted from the minimum number of turns given for the 4-ply yarn.''
In Sec. 22.3(b), the lengths of cotton fiber staples would be revised
to read: ``1\1/8\ inch (2.86 centimeters)'' and ``1\1/16\ inch (2.70
centimeters).''
If the Commission elects to retain the Hosiery Industry Guides
after conducting this review, it intends to update certain terms to
reflect statutory and policy changes that have occurred since the
Hosiery Industry Guides were originally promulgated. The term ``in
commerce'' in Sec. 22.0, would be changed to ``in or affecting
commerce'' in conformance with the amended language of Section 5 of the
Federal Trade Commission Act (15 U.S.C. 45). In conformance with the
same statutory section, all references in Secs. 22.2, 22.3, 22.4, 22.5,
and 22.6 of the Hosiery Industry Guides to ``unfair trade practice''
would be changed to ``unfair or deceptive act or practice.'' Finally,
the phrase ``capacity and tendency or effect of deceiving'' in
Secs. 22.2, 22.3, and 22.6 would be changed to conform with the
language regarding deception that is set forth in Cliffdale Associates,
Inc., 103 F.T.C. 110, 164-65 (1984) and subsequent cases.
Accordingly, the Commission solicits public comments on the
following questions:
1. Is there a continuing need for the guides?
a. What benefits have the guides provided to purchasers of the
products or services affected by the guides?
b. Have the guides imposed costs on purchasers?
2. What changes, if any, should be made to the guides to increase
the benefits of the guides to purchasers?
a. How would these changes affect the costs the guides impose on
firms subject to their requirements?
3. What significant burdens or costs, including costs of adherence,
have the guides imposed on firms subject to their requirements?
a. Have the guides provided benefits to such firms?
4. What changes, if any, should be made to the guides to reduce the
burdens or costs imposed on firms subject to their requirements?
a. How would these changes affect the benefits provided by the
guides?
5. Do the guides overlap or conflict with other federal, state, or
local laws or regulations?
6. Since the guides were issued, what effects, if any, have changes
in relevant technology or economic conditions had on the guides?
Authority: 15 U.S.C. 41-58.
List of Subjects in 16 CFR Part 22
Advertising, labeling, hosiery.
By direction of the Commission.
Donald S. Clark,
Secretary.
[FR Doc. 94-9135 Filed 4-14-94; 8:45 am]
BILLING CODE 6750-01-M
