Commercial Law: US Code COMERCE AND TRADE TITLE 15 - COMMERCE AND TRADE Chapter 1. Monopolies And Combinations In Restraint Of Trade Chapter 2. Federal Trade Commission; Promotion Of Export Trade And Prevention Of Unfair Methods Of Competition Chapter 2A. Securities And Trust Indentures Subchapter I - Domestic Securities Subchapter III - Trust Indextures Chapter 2B. Securities Exchanges Chapter 2B-1. Securities Investor Protection Chapter 2C. Public Utility Holding Companies Chapter 2D. Investment Companies And Advisers Chapter 2E. Omnibus Small Business Capital Formation Chapter 3. Trade-Marks Chapter 4. China Trade Chapter 5. Statistical And Commercial Information Chapter 6. Weights And Measures And Standard Time Chapter 7. National Institute Of Standards And Technology Chapter 7A. Standard Reference Data Program Chapter 8. Falsely Stamped Gold Or Silver Or Goods Manufactured Therefrom Chapter 9. National Weather Service Chapter 9A. Weather Modification Activities Or Attempts; Reporting Requirement Chapter 10. War Finance Corporation Chapter 10A. Collection Of State Cigarette Taxes Chapter 10B. State Taxation Of Income From Interstate Commerce Chapter 11. Caustic Poisons Chapter 12. Discrimination Against Farmers' Cooperative Associations By Boards Of Trade Chapter 13. Textile Foundation Chapter 13A. Fishing Industry Chapter 14. Reconstruction Finance Corporation Chapter 14A. Aid To Small Business Chapter 14B. Small Business Investment Program Chapter 15. Economic Recovery Chapter 15A. Interstate Transportation Of Petroleum Products Chapter 15B. Natural Gas Chapter 15C. Alaska Natural Gas Transportation Chapter 16. Emergency Relief Chapter 16A. Emergency Petroleum Allocation Chapter 16B. Federal Energy Administration Chapter 16C. Energy Supply And Environmental Coordination Chapter 17. Production, Marketing, And Use Of Bituminous Coal Chapter 18. Transportation Of Firearms Chapter 19. Miscellaneous Chapter 20. Regulation Of Insurance Chapter 21. National Policy On Employment And Productivity Chapter 22. Trademarks Chapter 23. Dissemination Of Technical, Scientific And Engineering Information Chapter 24. Transportation Of Gambling Devices Chapter 25. Flammable Fabrics Chapter 26. Household Refrigerators Chapter 27. Automobile Dealer Suits Against Manufacturers Chapter 28. Disclosure Of Automobile Information Chapter 29. Manufacture, Transportation, Or Distribution Of Switchblade Knives Chapter 30. Hazardous Substances Chapter 31. Destruction Of Property Moving In Commerce Chapter 32. Telecasting Of Professional Sports Contests Chapter 33. Brake Fluid Regulation Chapter 34. Antitrust Civil Process Chapter 35. Seat Belt Regulation Chapter 36. Cigarette Labeling And Advertising Chapter 37. State Technical Services Chapter 38. Traffic And Motor Vehicle Safety Chapter 39. Fair Packaging And Labeling Program Chapter 39A. Special Packaging Of Household Substances For Protection Of Children Chapter 40. Department Of Commerce Chapter 41. Consumer Credit Protection Chapter 42. Interstate Land Sales Chapter 43. Newspaper Preservation Chapter 44. Protection Of Horses Chapter 45. Emergency Loan Guarantees To Business Enterprises Chapter 45A. Chrysler Corporation Loan Guarantee Chapter 46. Motor Vehicle Information And Cost Savings Chapter 46A. Automobile Title Fraud Chapter 47. Consumer Product Safety Chapter 48. Hobby Protection Chapter 49. Fire Prevention And Control Chapter 50. Consumer Product Warranties Chapter 51. National Productivity And Quality Of Working Life Chapter 52. Electric And Hybrid Vehicle Research, Development, And Demonstration Chapter 53. Toxic Substances Control Chapter 54. Automotive Propulsion Research And Development Chapter 55. Petroleum Marketing Practices Chapter 56. National Climate Program Chapter 56A. Global Change Research Chapter 57. Interstate Horseracing Chapter 58. Full Employment And Balanced Growth Chapter 59. Retail Policies For Natural Gas Utilities Chapter 60. Natural Gas Policy Chapter 61. Soft Drink Interbrand Competition Chapter 62. Condominium And Cooperative Conversion Protection And Abuse Relief Chapter 63. Technology Innovation Chapter 64. Methane Transportation Research, Development, And Demonstration Chapter 65. Liability Risk Retention Chapter 66. Promotion Of Export Trade Chapter 67. Arctic Research And Policy Chapter 68. Land Remote-Sensing Commercialization Chapter 69. Cooperative Research Chapter 70. Comprehensive Smokeless Tobacco Health Education Chapter 71. Petroleum Overcharge Distribution And Restitution Chapter 72. Semiconductor Research Chapter 73. Export Enhancement Chapter 74. Competitiveness Policy Council Chapter 75. National Trade Data Bank Chapter 76. Imitation Firearms Chapter 77. Steel And Aluminum Energy Conservation And Technology Competitiveness Chapter 78. Superconductivity And Competitiveness Chapter 79. Metal Casting Competitiveness Research Program Chapter 80. Fasteners Chapter 81. High-Performance Computing Chapter 82. Land Remote Sensing Policy Chapter 83. Telephone Disclosure And Dispute Resolution Chapter 84. Commercial Space Competitiveness Chapter 85. Armored Car Industry Reciprocity Chapter 86. Children'S Bicycle Helmet Safety Chapter 87. Telemarketing And Consumer Fraud And Abuse Prevention Chapter 88. International Antitrust Enforcement Assistance Chapter 89. Professional Boxing Safety Chapter 90. Propane Education And Research Chapter 91. Children'S Online Privacy Protection Chapter 92. Year 2000 Computer Date Change Chapter 93. Insurance Chapter 94. Privacy Chapter 95. Microenterprise Technical Assistance And Capacity Building Program Chapter 96. Electronic Signatures In Global And National Commerce Chapter 97. Women'S Business Enterprise Development TITLE 15 - COMMERCE AND TRADE CHAPTER 2 - FEDERAL TRADE COMMISSION; PROMOTION OF EXPORT TRADE AND PREVENTION OF UNFAIR METHODS OF COMPETITION Subchapter I. Federal Trade Commission Subchapter II. Promotion Of Export Trade Subchapter III. Labeling Of Wool Products Subchapter IV. Labeling Of Fur Products Subchapter V. Textile Fiber Products Identification Subchapter VI. Prevention Of Unfair Methods Of Competition Chapter Notes SUBCHAPTER I - FEDERAL TRADE COMMISSION Section 41. Federal Trade Commission Established; Membership; Vacancies; Seal Section 42. Employees; Expenses Section 43. Office And Place Of Meeting Section 44. Definitions Section 45. Unfair Methods Of Competition Unlawful; Prevention By Commission Section 45a. Labels On Products Section 46. Additional Powers Of Commission Section 46a. Concurrent Resolution Essential To Authorize Investigations Section 47. Reference Of Suits Under Antitrust Statutes To Commission Section 48. Information And Assistance From Departments Section 49. Documentary Evidence; Depositions; Witnesses Section 50. Offenses And Penalties Section 51. Effect On Other Statutory Provisions Section 52. Dissemination Of False Advertisements Section 53. False Advertisements; Injunctions And Restraining Orders Section 54. False Advertisements; Penalties Section 55. Additional Definitions Section 56. Commencement, Defense, Intervention And Supervision Of Litigation And Appeal By Commission Or Attorney General Section 57. Separability Clause Section 57a. Unfair Or Deceptive Acts Or Practices Rulemaking Proceedings Section 57a-1. Omitted Section 57b. Civil Actions For Violations Of Rules And Cease And Desist Orders Respecting Unfair Or Deceptive Acts Or Practices Section 57b-1. Civil Investigative Demands Section 57b-2. Confidentiality Section 57b-3. Rulemaking Process Section 57b-4. Good Faith Reliance On Actions Of Board Of Governors Section 57b-5. Agricultural Cooperatives Section 57c. Authorization Of Appropriations Section 58. Short Title Section 41. Federal Trade Commission established; membership; vacancies; seal A commission is created and established, to be known as the Federal Trade Commission (hereinafter referred to as the Commission), which shall be composed of five Commissioners, who shall be appointed by the President, by and with the advice and consent of the Senate. Not more than three of the Commissioners shall be members of the same political party. The first Commissioners appointed shall continue in office for terms of three, four, five, six, and seven years, respectively, from September 26, 1914, the term of each to be designated by the President, but their successors shall be appointed for terms of seven years, except that any person chosen to fill a vacancy shall be appointed only for the unexpired term of the Commissioner whom he shall succeed: Provided, however, That upon the expiration of his term of office a Commissioner shall continue to serve until his successor shall have been appointed and shall have qualified. The President shall choose a chairman from the Commission's membership. No Commissioner shall engage in any other business, vocation, or employment. Any Commissioner may be removed by the President for inefficiency, neglect of duty, or malfeasance in office. A vacancy in the Commission shall not impair the right of the remaining Commissioners to exercise all the powers of the Commission. The Commission shall have an official seal, which shall be judicially noticed.   Section 44. Definitions The words defined in this section shall have the following meaning when found in this subchapter, to wit: ''Commerce'' means commerce among the several States or with foreign nations, or in any Territory of the United States or in the District of Columbia, or between any such Territory and another, or between any such Territory and any State or foreign nation, or between the District of Columbia and any State or Territory or foreign nation. ''Corporation'' shall be deemed to include any company, trust, so-called Massachusetts trust, or association, incorporated or u incorporated, which is organized to carry on business for its own profit or that of its members, and has shares of capital or capital stock or certificates of interest, and any company, trust, so-called Massachusetts trust, or association, incorporated or unincorporated, without shares of capital or capital stock or certificates of interest, except partnerships, which is organized to carry on business for its own profit or that of its members. ''Documentary evidence'' includes all documents, papers, correspondence, books of account, and financial and corporate records. ''Acts to regulate commerce'' means subtitle IV of title 49 and the Communications Act of 1934 (47 U.S.C. 151 et seq.) and all Acts amendatory thereof and supplementary thereto. ''Antitrust Acts'' means the Act entitled ''An Act to protect trade and commerce against unlawful restraints and monopolies'', approved July 2, 1890; also sections 73 to 77, inclusive, of an Act entitled ''An Act to reduce taxation, to provide revenue for the Government, and for other purposes'', approved August 27, 1894; also the Act entitled ''An Act to amend sections 73 and 76 of the Act of August 27, 1894, entitled 'An Act to reduce taxation, to provide revenue for the Government, and for other purposes' '', approved February 12, 1913; and also the Act entitled ''An Act to supplement existing laws against unlawful restraints and monopolies, and for other purposes'', approved October 15, 1914. ''Banks'' means the types of banks and other financial institutions referred to in section 57a(f)(2) of this title.   SUBCHAPTER II - PROMOTION OF EXPORT TRADE Section 61. Export Trade; Definitions Section 62. Export Trade And Antitrust Legislation Section 63. Acquisition Of Stock Of Export Trade Corporation Section 64. Unfair Methods Of Competition In Export Trade Section 65. Information Required From Export Trade Corporation; Powers Of Federal Trade Commission Section 66. Short Title   Section 61. Export trade; definitions The words ''export trade'' wherever used in this subchapter mean solely trade or commerce in goods, wares, or merchandise exported, or in the course of being exported from the United States or any Territory thereof to any foreign nation; but the words ''export trade'' shall not be deemed to include the production, manufacture, or selling for consumption or for resale, within the United States or any Territory thereof, of such goods, wares, or merchandise, or any act in the course of such production, manufacture, or selling for consumption or for resale. The words ''trade within the United States'' wherever used in this subchapter mean trade or commerce among the several States or in any Territory of the United States, or in the District of Columbia, or between any such Territory and another, or between any such Territory or Territories and any State or States or the District of Columbia, or between the District of Columbia and any State or States. The word ''association'' wherever used in this subchapter means any corporation or combination, by contract or otherwise, of two or more persons, partnerships, or corporations. Section 62. Export trade and antitrust legislation Nothing contained in the Sherman Act (15 U.S.C. 1 et seq.) shall be construed as declaring to be illegal an association entered into for the sole purpose of engaging in export trade and actually engaged solely in such export trade, or an agreement made or act done in the course of export trade by such association, provided such association, agreement, or act is not in restraint of trade within the United States, and is not in restraint of the export trade of any domestic competitor of such association: Provided, That such association does not, either in the United States or elsewhere, enter into any agreement, understanding, or conspiracy, or do any act which artificially or intentionally enhances or depresses prices within the United States of commodities of the class exported by such association, or which substantially lessens competition within the United States or otherwise restrains trade therein. Section 63. Acquisition of stock of export trade corporation Nothing contained in section 18 of this title shall be construed to forbid the acquisition or ownership by any corporation of the whole or any part of the stock or other capital of any corporation organized solely for the purpose of engaging in export trade, and actually engaged solely in such export trade, unless the effect of such acquisition or ownership may be to restrain trade or substantially lessen competition within the United States. Section 64. Unfair methods of competition in export trade The prohibition against ''unfair methods of competition'' and the remedies provided for enforcing said prohibition contained in the Federal Trade Commission Act (15 U.S.C. 41 et seq.) shall be construed as extending to unfair methods of competition used in export trade against competitors engaged in export trade, even though the acts constituting such unfair methods are done without the territorial jurisdiction of the United States.   Section 65. Information required from export trade corporation; powers of Federal Trade Commission Every association which engages solely in export trade, within thirty days after its creation, shall file with the Federal Trade Commission a verified written statement setting forth the location of its offices or places of business and the names and addresses of all its officers and of all its stockholders or members, and if a corporation, a copy of its certificate or articles of incorporation and bylaws, and if unincorporated, a copy of its articles or contract of association, and on the 1st day of January of each year every association engaged solely in export trade shall make a like statement of the location of its offices or places of business and the names and addresses of all its officers and of all its stockholders or members and of all amendments to and changes in its articles or certificate of incorporation or in its articles or contract of association. It shall also furnish to the Commission such information as the Commission may require as to its organization business, conduct, practices, management, and relation to other associations, corporations, partnerships, and individuals. Any association which shall fail so to do shall not have the benefit of the provisions of sections 62 and 63 of this title, and it shall also forfeit to the United States the sum of $100 for each and every day of the continuance of such failure, which forfeiture shall be payable into the Treasury of the United States, and shall be recoverable in a civil suit in the name of the United States brought in the district where the association has it principal office, or in any district in which it shall do business. It shall be the duty of the various United States attorneys, under the direction of the Attorney General of the United States, to prosecute for the recovery of the forfeiture. The costs and expenses of such prosecution shall be paid out of the appropriation for the expenses of the courts of the United States. Whenever the Federal Trade Commission shall have reason to believe that an association or any agreement made or act done by such association is in restraint of trade within the United States or in restraint of the export trade of any domestic competitor of such association, or that an association either in the United States or elsewhere has entered into any agreement, understanding, or conspiracy, or done any act which artificially or intentionally enhances or depresses prices within the United States of commodities of the class exported by such association, or which substantially lessens competition within the United States or otherwise restrains trade therein, it shall summon such association, its officers, and agents to appear before it, and thereafter conduct an investigation into the alleged violations of law. Upon investigation, if it shall conclude that the law has been violated, it may make to such association recommendations for the readjustment of its business, in order that it may thereafter maintain its organization and management and conduct its business in accordance with law. If such association fails to comply with the recommendations of the Federal Trade Commission, said Commission shall refer its findings and recommendations to the Attorney General of the United States for such action thereon as he may deem proper. For the purpose of enforcing these provisions the Federal Trade Commission shall have all the powers, so far as applicable, given it in the Federal Trade Commission Act (15 U.S.C. 41 et seq.).   Section 66. This subchapter may be cited as the ''Webb-Pomerene Act'' SUBCHAPTER VI - PREVENTION OF UNFAIR METHODS OF COMPETITION Section 71. ''Person'' Defined Section 72. Importation Or Sale Of Articles At Less Than Market Value Or Wholesale Price Section 73. Agreements Involving Restrictions In Favor Of Imported Goods Section 74. Rules And Regulations Section 75. Retaliation Against Country Prohibiting Importations Section 76. Retaliation Against Restriction Of Importations In Time Of War Section 77. Discrimination Against Neutral Americans In Time Of War Section 71. ''Person'' defined When used in this subchapter the term ''person'' includes partnerships, corporations, and associations.   Section 72. Importation or sale of articles at less than market value or wholesale price It shall be unlawful for any person importing or assisting in importing any articles from any foreign country into the United States, commonly and systematically to import, sell or cause to be imported or sold such articles within the United States at a price substantially less than the actual market value or wholesale price of such articles, at the time of exportation to the United States, in the principal markets of the country of their production, or of other foreign countries to which they are commonly exported after adding to such market value or wholesale price, freight, duty, and other charges and expenses necessarily incident to the importation and sale thereof in the United States: Provided, That such act or acts be done with the intent of destroying or injuring an industry in the United States, or of preventing the establishment of an industry in the United States, or of restraining or monopolizing any part of trade and commerce in such articles in the United States. Any person who violates or combines or conspires with any other person to violate this section is guilty of a misdemeanor, and, on conviction thereof, shall be punished by a fine not exceeding $5,000, or imprisonment not exceeding one year, or both, in the discretion of the court. Any person injured in his business or property by reason of any violation of, or combination or conspiracy to violate, this section, may sue therefor in the district court of the United States for the district in which the defendant resides or is found or has an agent, without respect to the amount in controversy, and shall recover threefold the damages sustained, and the cost of the suit, including a reasonable attorney's fee. The foregoing provisions shall not be construed to deprive the proper State courts of jurisdiction in actions for damages thereunder. Section 73. Agreements involving restrictions in favor of imported goods If any article produced in a foreign country is imported into the United States under any agreement, understanding, or condition that the importer thereof or any other person in the United States shall not use, purchase, or deal in, or shall be restricted in his using, purchasing, or dealing in, the articles of any other person, there shall be levied, collected, and paid thereon, in addition to the duty otherwise imposed by law, a special duty equal to double the amount of such duty: Provided, That the above shall not be interpreted to prevent the establishing in this country on the part of a foreign producer of an exclusive agency for the sale in the United States of the products of said foreign producer or merchant, nor to prevent such exclusive agent from agreeing not to use, purchase, or deal in the article of any other person, but this proviso shall not be construed to exempt from the provisions of this section any article imported by such exclusive agent if such agent is required by the foreign producer or if it is agreed between such agent and such foreign producer that any agreement, understanding or condition set out in this section shall be imposed by such agent upon the sale or other disposition of such article to any person in the United States. Section 74. Rules and regulations The Secretary of the Treasury shall make such rules and regulations as are necessary for the carrying out of the provisions of section 73 of this title.   Section 75. Retaliation against country prohibiting importations Whenever any country, dependency, or colony shall prohibit the importation of any article the product of the soil or industry of the United States and not injurious to health or morals, the President shall have power to prohibit, during the period such prohibition is in force, the importation into the United States of similar articles, or in case the United States does not import similar articles from that country, then other articles, the products of such country, dependency, or colony. And the Secretary of the Treasury, with the approval of the President, shall make such rules and regulations as are necessary for the execution of the provisions of this section

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