[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