[Federal Register Volume 66, Number 3 (Thursday, January 4, 2001)]
[Notices]
[Pages 799-800]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-247]


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FEDERAL TRADE COMMISSION

[File No. 002 3194]


The Black & Decker Corporation, et al.; Analysis To Aid Public 
Comment

AGENCY: Federal Trade Commission.

ACTION: Proposed consent agreement.

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SUMMARY: The consent agreement in this matter settles alleged 
violations of federal law prohibiting unfair or deceptive acts or 
practices or unfair methods of competition. The attached Analysis to 
Aid Public Comment describes both the allegations in the draft 
complaint that accompanies the consent agreement and the terms of the 
consent order--embodied in the consent agreement--that would settle 
these allegations.

DATES: Comments must be received on or before January 29, 2001.

ADDRESSES: Comments should be directed to: FTC/Office of the Secretary, 
Room 159, 600 Pennsylvania Ave., NW., Washington, DC 20580.

FOR FURTHER INFORMATION CONTACT: Elaine Kolish or Laura Koss, FTC/S-
4302, 600 Pennsylvania Ave., NW., Washington, DC 20580. (202) 326-3042 
or 326-2890.

SUPPLEMENTARY INFORMATION: Pursuant to section 6(f) of the Federal 
Trade Commission Act, 38 Stat. 721, 15 U.S.C. 46 and section 2.34 of 
the Commission's Rules of Practice (16 CFR 2.34), notice is hereby 
given that the above-captioned consent agreement containing a consent 
order to cease and desist, having been filed with and accepted, subject 
to final approval, by the Commission, has been placed on the public 
record for a period of thirty (30) days. The following Analysis to Aid 
Public Comment describes the terms of the consent agreement, and the 
allegations in the complaint. An electronic copy of the full text of 
the consent agreement package can be obtained from the FTC Home Page 
(for December 28, 2000), on the World Wide Web, at http://www.ftc.gov/os/2000/12/index.htm. A paper copy can be obtained from the FTC Public 
Reference Room, Room H-130, 600 Pennsylvania Avenue, NW., Washington, 
DC 20580, either in person or by calling (202) 326-3627.
    Public comment is invited. Comments should be directed to: FTC/
Office of the Secretary, Room 159, 600 Pennsylvania Ave., NW., 
Washington, DC 20580. Two paper copies of each comment should be filed, 
and should be accompanied, if possible, by a 3\1/2\ inch diskette 
containing an electronic copy of the comment. Such comments or views 
will be considered by the Commission and will be available for 
inspection and copying at its principal office in accordance with 
section 4.9(b)(6)(ii) of the Commission's Rules of Practice (16 CFR 
4.9(b)(6)(ii)).

Analysis of Proposed Consent Order To Aid Public Comment

    The Federal Trade Commission has accepted an agreement, subject to 
final approval, to a proposed consent order from respondents The Black 
& Decker Corporation and its wholly-owned subsidiary, Kwikset 
Corporation.

[[Page 800]]

    The proposed consent order has been placed on the public record for 
thirty (30) days for reception of comments by interested persons. 
Comments received during this period will become part of the public 
record. After thirty (30) days, the Commission will again review the 
agreement and the comments received and will decide whether it should 
withdraw from the agreement and take other appropriate action or make 
final the agreement's proposed order.
    This matter concerns advertising, packaging, labeling, and 
promotional practices related to the sale of Kwikset Corporation's 
lockset products, including locksets, deadbolts, knobs, and handles. 
The Commission's complaint charges that respondents misrepresented on 
packaging and in advertising that certain Kwikset Corporation products 
are all or virtually all made in the United States. In truth and in 
fact, these products are actually made with significant foreign content 
and/or processing.
    The proposed consent order contains a provision that is designed to 
remedy the charges and to prevent the respondents from engaging in 
similar acts and practices in the future. Part I of the proposed order 
prohibits Kwikset Corporation from misrepresenting the extent to which 
any Kwikset lockset is made in the United States. The order defines 
Kwikset lockset products as any product that is manufactured or sold by 
Kwikset Corporation that is used to secure doors, including but not 
limited to locksets, deadbolts, knobs, and handles. The proposed order 
would allow Kwikset Corporation to represent that such products are 
made in the United States as long as all, or virtually all, of the 
components of the products are of U.S. origin, and all, or virtually 
all, of the labor in manufacturing them is performed in the United 
States.
    The proposed order also prohibits Kwikset Corporation from 
representing that its products are ``All American Made'' or ``All 
American Made and Proud of it'' or otherwise entirely made in the 
United States, unless such products are in fact 100% made in the United 
States.
    Part II of the proposed order requires respondents to maintain 
materials relied upon in disseminating any representation covered by 
the order. Part III of the proposed order requires Kwikset Corporation 
to distribute copies of the order to certain company officials and 
employees. Part IV of the proposed order requires the respondents to 
notify the Commission of any change in the corporation that may affect 
compliance obligations under the order. Part V of the proposed order 
requires the respondents to file one or more compliance reports. Part 
VI of the proposed order is a provision whereby the order, absent 
certain circumstances, terminates twenty years from the date of 
issuance.
    The purpose of this analysis is to facilitate public comment on the 
proposed consent order. If is not intended to constitute an official 
interpretation of the agreement and proposed order or to modify in any 
way their terms.

    By direction of the Commission.

Benjamin I. Berman,
Acting Secretary.
[FR Doc. 01-247 Filed 1-3-01; 8:45 am]
BILLING CODE 6750-01-M