Guides for the Decorative Wall Paneling Industry

FEDERAL TRADE COMMISSION

16 CFR Part 243

Guides for the Decorative Wall Paneling Industry

AGENCY: Federal Trade Commission.

ACTION: Request for public comments.

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SUMMARY: The Federal Trade Commission (``Commission'') is requesting

public comments on its Guides for the Decorative Wall Paneling Industry

(``Decorative Wall Paneling Guides'' or ``the Guides''). The Commission

is also requesting comments about the overall costs and benefits of its

Guides and their overall economic impact, as part of its systematic

review of all current Commission regulations and guides.

DATES: Written comments will be accepted until May 26, 1998.

ADDRESSES: Mailed comments should be directed to: Secretary, Federal

Trade Commission, Room H-159, Sixth Street and Pennsylvania Ave., N.W.,

Washington, D.C. 20580. Mailed comments about the Guides for the

Decorative Wall Paneling Industry should be identified as ``CFR Part

243--Comment.'' E-mail comments will be accepted at [[email protected]].

Those who comment by e-mail should give a mailing address to which an

acknowledgment can be sent.

FOR FURTHER INFORMATION CONTACT: Eric Nickerson, Investigator, Federal

Trade Commission, Denver Regional Office, 1961 Stout Street, Suite

1523, Denver, CO 80294, telephone number (303) 844-3584, E-mail

[[email protected]].

SUPPLEMENTARY INFORMATION:

I. Decorative Wall Paneling Guides

The Commission promulgated the Guides for the Decorative Wall

Paneling Industry on December 15, 1971, 36 FR 23796 (1971), under

section 5 of the Federal Trade Commission Act (``FTC Act''), 15 U.S.C.

45.\1\ The Guides became effective on December 15, 1972.

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\1\ Section 5 of the FTC Act declares unfair methods of

competition and unfair or deceptive acts or practices to be

unlawful.

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These 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.'' 16 CFR 1.5. Conduct

inconsistent with the Guides may result in corrective action by the

Commission under applicable statutory provisions.

The Decorative Wall Paneling Guides provide guidance to

manufacturers, retail distributors, and other suppliers (``sellers'')

of decorative wall panels in labeling, advertising, and promoting their

products in a manner consistent with Section 5 of the FTC Act. The

guides are designed to protect purchasers from being misled by the

appearance of a product, or by deceptive descriptions, depictions,

designations, or representations in advertisements, labels, or other

promotional materials.

The Guides provide examples of non-deceptive references and

representations with respect to the construction, composition, or

appearance of industry products. The Guides also point out that sellers

bear the affirmative responsibility of providing detailed disclosures

regarding the composition of the products being offered.

II. Regulatory Review Program

The Commission has determined, as part of its oversight

responsibilities, to review rules and guides periodically. These

reviews seek information about the costs and benefits of the

Commission's rules and guides and their regulatory and economic impact.

The information obtained assists the Commission in identifying rules

and guides that warrant modification or rescission. The Commission

solicits comments on, among other things, the economic impact of and

the continuing need for the Guides; possible conflict between the

Guides and state, local, or other federal laws; and the effect on the

Guide of any technological, economic, or other industry changes.

III. Request For Comment

The Commission solicits written public comments on the following

questions:

(1) Is there a continuing need for the Decorative Wall Paneling

Guides?

(a) What benefits have the Guides provided to purchasers of the

products 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 adhering to their advice? How would these changes affect the

benefits to purchasers?

(3) What significant burdens or costs, including costs of

compliance, have the Guides imposed on firms subject to their advice?

(a) Have the Guides provided benefits to such firms? If so, what

benefits?

(4) What changes, if any, should be made to the Guides to reduce

the burdens or costs imposed on firms subject to their advice?

(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 the global marketplace, relevant technology or economic

conditions had on the Guides? For example, do example, do sellers use

E-mail, the Internet or CD ROM to advertise or sell decorative wall

panels? If so, in what manner? Does use of this new technology affect

consumers' rights or sellers' responsibilities under the Guides?

(7) Are there problems today in the labeling, advertising, or

selling of decorative wall panels? If yes, what are the nature of these

problems? Do the Guides adequately address any problems that may exist?

(8) Are any portions of the Guides outdated or otherwise no longer

relevant in this industry?

(9) Are there industry standards covering any of the issues

addressed by the Guides? If yes, what are they?

List of Subjects in 16 CFR Part 243

Advertising, Forests and forest products, Labeling, Trade

practices, Wall paneling industry.

Authority: 15 U.S.C. 41-58.

By direction of the Commission.

Donald S. Clark,

Secretary.

[FR Doc. 98-8073 Filed 3-26-98; 8:45 am]

BILLING CODE 6750-01-M