ExotoUSA LLC-Old Southern Brass; Analysis of Proposed Consent Order To Aid Public Comment, 85619-85621 [2023-26945]

Download as PDF Federal Register / Vol. 88, No. 235 / Friday, December 8, 2023 / Notices Act of 1956 (12 U.S.C. 1841 et seq.) (BHC Act), Regulation Y (12 CFR part 225), and all other applicable statutes and regulations to become a bank holding company and/or to acquire the assets or the ownership of, control of, or the power to vote shares of a bank or bank holding company and all of the banks and nonbanking companies owned by the bank holding company, including the companies listed below. The public portions of the applications listed below, as well as other related filings required by the Board, if any, are available for immediate inspection at the Federal Reserve Bank(s) indicated below and at the offices of the Board of Governors. This information may also be obtained on an expedited basis, upon request, by contacting the appropriate Federal Reserve Bank and from the Board’s Freedom of Information Office at https://www.federalreserve.gov/foia/ request.htm. Interested persons may express their views in writing on the standards enumerated in the BHC Act (12 U.S.C. 1842(c)). Comments regarding each of these applications must be received at the Reserve Bank indicated or the offices of the Board of Governors, Ann E. Misback, Secretary of the Board, 20th Street and Constitution Avenue NW, Washington, DC 20551–0001, not later than January 8, 2024. A. Federal Reserve Bank of St. Louis (Holly A. Rieser, Senior Manager) P.O. Box 442, St. Louis, Missouri 63166– 2034. Comments can also be sent electronically to Comments.applications@stls.frb.org: 1. Guaranty Capital Corporation, Belzoni, Mississippi; to merge with Lafayette Bancorp, Inc., and thereby indirectly acquire Oxford University Bank, both of Oxford, Mississippi. Board of Governors of the Federal Reserve System. Michele Taylor Fennell, Deputy Associate Secretary of the Board. [FR Doc. 2023–27031 Filed 12–7–23; 8:45 am] BILLING CODE P khammond on DSKJM1Z7X2PROD with NOTICES Board of Governors of the Federal Reserve System. Michele Taylor Fennell, Deputy Associate Secretary of the Board. [FR Doc. 2023–27030 Filed 12–7–23; 8:45 am] BILLING CODE P FEDERAL RETIREMENT THRIFT INVESTMENT BOARD Notice of Board Meeting DATES: FEDERAL RESERVE SYSTEM Jkt 262001 Telephonic. Dial-in (listen only) information: Number: 1–202–599– 1426, Code: 675 746 624#; or via web: https://teams.microsoft.com/l/meetupjoin/19%3ameeting_ OTIxOTM4MzAtYTUy OC00NzNkLWFkMTUtZGQ3ODVhZ TY0OGQx%40thread.v2/0? context=%7b%22Tid %22%3a%223f6323b7-e3fd-4f35-b43d1a7afae5910d%22%2c ADDRESSES: The notificants listed below have applied under the Change in Bank Control Act (Act) (12 U.S.C. 1817(j)) and § 225.41 of the Board’s Regulation Y (12 CFR 225.41) to acquire shares of a bank or bank holding company. The factors that are considered in acting on the 16:50 Dec 07, 2023 December 14, 2023 at 10:00 a.m. EST. Change in Bank Control Notices; Acquisitions of Shares of a Bank or Bank Holding Company VerDate Sep<11>2014 applications are set forth in paragraph 7 of the Act (12 U.S.C. 1817(j)(7)). The public portions of the applications listed below, as well as other related filings required by the Board, if any, are available for immediate inspection at the Federal Reserve Bank(s) indicated below and at the offices of the Board of Governors. This information may also be obtained on an expedited basis, upon request, by contacting the appropriate Federal Reserve Bank and from the Board’s Freedom of Information Office at https://www.federalreserve.gov/foia/ request.htm. Interested persons may express their views in writing on the standards enumerated in paragraph 7 of the Act. Comments regarding each of these applications must be received at the Reserve Bank indicated or the offices of the Board of Governors, Ann E. Misback, Secretary of the Board, 20th Street and Constitution Avenue NW, Washington, DC 20551–0001, not later than December 26, 2023. A. Federal Reserve Bank of Dallas (Karen Smith, Director, Mergers & Acquisitions) 2200 North Pearl Street, Dallas, Texas 75201–2272. Comments can also be sent electronically to Comments.applications@dal.frb.org: 1. Nicholas Andrew Davis, Midland, Texas; to join the Davis/Maddox Family Group, a group acting in concert, to acquire voting shares of First West Texas Bancshares, Inc., and thereby indirectly acquire voting shares of West Texas National Bank, both of Midland, Texas. PO 00000 Frm 00042 Fmt 4703 Sfmt 4703 85619 %22Oid%22%3a%2241d6f4d1-97724b51-a10d-cf72f842224a%22%7d. FOR FURTHER INFORMATION CONTACT: Kimberly Weaver, Director, Office of External Affairs, (202) 942–1640. SUPPLEMENTARY INFORMATION: Board meeting agenda. Open Session 1. Approval of the November 14, 2023, Board Meeting Minutes 2. Monthly Reports (a) Participant Report (b) Investment Report (c) Legislative Report 3. Quarterly Reports (d) Vendor Risk Management 4. Semi-Annual CLA Review 5. 2024 Board Calendar Review 6. Social Science Update Authority: 5 U.S.C. 552b (e)(1). Dated: December 5, 2023. Dharmesh Vashee, General Counsel, Federal Retirement Thrift Investment Board. [FR Doc. 2023–26969 Filed 12–7–23; 8:45 am] BILLING CODE P FEDERAL TRADE COMMISSION [File No. 232 3035] ExotoUSA LLC—Old Southern Brass; Analysis of Proposed Consent Order To Aid Public Comment Federal Trade Commission. Proposed consent agreement; request for comment. AGENCY: ACTION: The consent agreement in this matter settles alleged violations of Federal law prohibiting unfair or deceptive acts or practices. The attached Analysis of Proposed Consent Order to Aid Public Comment describes both the allegations in the complaint 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 8, 2024. ADDRESSES: Interested parties may file comments online or on paper by following the instructions in the Request for Comment part of the SUPPLEMENTARY INFORMATION section below. Please write ‘‘ExotoUSA LLC— Old Southern Brass; File No. 232 3035’’ on your comment and file your comment online at https:// www.regulations.gov by following the instructions on the web-based form. If you prefer to file your comment on paper, please mail your comment to the following address: Federal Trade Commission, Office of the Secretary, SUMMARY: E:\FR\FM\08DEN1.SGM 08DEN1 khammond on DSKJM1Z7X2PROD with NOTICES 85620 Federal Register / Vol. 88, No. 235 / Friday, December 8, 2023 / Notices 600 Pennsylvania Avenue NW, Suite CC–5610 (Annex V), Washington, DC 20580. FOR FURTHER INFORMATION CONTACT: Thomas Harris (202–326–3620), Attorney, Division of Marketing Practices, Bureau of Consumer Protection, Federal Trade Commission, 600 Pennsylvania Ave. NW, Washington, DC 20580. SUPPLEMENTARY INFORMATION: Pursuant to section 6(f) of the Federal Trade Commission Act, 15 U.S.C. 46(f), and FTC Rule section 2.34, 16 CFR 2.34, notice is hereby given that the abovecaptioned 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 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 at https:// www.ftc.gov/news-events/commissionactions. You can file a comment online or on paper. For the Commission to consider your comment, we must receive it on or before January 8, 2024. Write ‘‘ExotoUSA LLC—Old Southern Brass File No. 232 3035’’ on your comment. Your comment—including your name and your State—will be placed on the public record of this proceeding, including, to the extent practicable, on the https://www.regulations.gov website. Because of heightened security screening, postal mail addressed to the Commission will be subject to delay. We strongly encourage you to submit your comments online through the https:// www.regulations.gov website. If you prefer to file your comment on paper, write ‘‘ExotoUSA LLC—Old Southern Brass File No. 232 3035’’ on your comment and on the envelope, and mail your comment to the following address: Federal Trade Commission, Office of the Secretary, 600 Pennsylvania Avenue NW, Suite CC–5610 (Annex V), Washington, DC 20580. Because your comment will be placed on the publicly accessible website at https://www.regulations.gov, you are solely responsible for making sure your comment does not include any sensitive or confidential information. In particular, your comment should not include sensitive personal information, such as your or anyone else’s Social Security number; date of birth; driver’s license number or other State identification number, or foreign VerDate Sep<11>2014 16:50 Dec 07, 2023 Jkt 262001 country equivalent; passport number; financial account number; or credit or debit card number. You are also solely responsible for making sure your comment does not include sensitive health information, such as medical records or other individually identifiable health information. In addition, your comment should not include any ‘‘trade secret or any commercial or financial information which . . . is privileged or confidential’’—as provided by section 6(f) of the FTC Act, 15 U.S.C. 46(f), and FTC Rule section 4.10(a)(2), 16 CFR 4.10(a)(2)—including competitively sensitive information such as costs, sales statistics, inventories, formulas, patterns, devices, manufacturing processes, or customer names. Comments containing material for which confidential treatment is requested must be filed in paper form, must be clearly labeled ‘‘Confidential,’’ and must comply with FTC Rule section 4.9(c). In particular, the written request for confidential treatment that accompanies the comment must include the factual and legal basis for the request and must identify the specific portions of the comment to be withheld from the public record. See FTC Rule section 4.9(c). Your comment will be kept confidential only if the General Counsel grants your request in accordance with the law and the public interest. Once your comment has been posted on the https:// www.regulations.gov website—as legally required by FTC Rule section 4.9(b)—we cannot redact or remove your comment from that website, unless you submit a confidentiality request that meets the requirements for such treatment under FTC Rule section 4.9(c), and the General Counsel grants that request. Visit the FTC website at https:// www.ftc.gov to read this document and the news release describing the proposed settlement. The FTC Act and other laws the Commission administers permit the collection of public comments to consider and use in this proceeding, as appropriate. The Commission will consider all timely and responsive public comments it receives on or before January 8, 2024. For information on the Commission’s privacy policy, including routine uses permitted by the Privacy Act, see https://www.ftc.gov/site-information/ privacy-policy. Analysis of Proposed Consent Order To Aid Public Comment The Federal Trade Commission (‘‘FTC’’ or ‘‘Commission’’) has accepted, subject to final approval, an agreement containing a consent order from PO 00000 Frm 00043 Fmt 4703 Sfmt 4703 ExotoUSA LLC, d/b/a Old Southern Brass, and Austin Oliver (‘‘Respondents’’). The proposed consent order has been placed on the public record for 30 days for receipt of comments by interested persons. Comments received during this period will become part of the public record. After 30 days, the Commission will again review the agreement and the comments received and decide whether it should withdraw from the agreement or make final the agreement’s proposed order. This matter involves Respondents’ advertising of glassware, mugs, pens, and other novelty items as made in the United States and claims of association with the U.S. military. According to the FTC’s complaint, Respondents (1) deceptively advertised certain products as made in the United States even though, in numerous instances, they were wholly imported, and (2) falsely claimed ExotoUSA LLC is veteran-operated, donates 10% of sales to military service charities, and incorporates bullets or bullet casings fired by the U.S. military into its products. Based on the foregoing, the complaint alleges Respondents violated section 5 of the Federal Trade Commission Act, 15 U.S.C. 45(a). The proposed consent order contains provisions designed to prevent Respondents from engaging in similar acts and practices in the future. Consistent with the FTC’s Made in USA Labeling Rule, 16 CFR part 323, and its Enforcement Policy Statement on U.S.Origin Claims, 62 FR 63756, 63768 (Dec. 2, 1997), Part I prohibits Respondents from making U.S.-origin claims for their products unless: (1) the final assembly or processing of the product occurs in the United States, all significant processing that goes into the product occurs in the United States, and all or virtually all ingredients or components of the product are made and sourced in the United States; (2) a clear and conspicuous qualification appears immediately adjacent to the representation that accurately conveys the extent to which the product contains foreign parts, ingredients or components, and/or processing; or (3) for a claim that a product is assembled in the United States, the product is last substantially transformed in the United States, the product’s principal assembly takes place in the United States, and United States assembly operations are substantial. Part II prohibits Respondents from making any representation, including any claim about the country of origin of a product or service or any claim Respondents have an association with the U.S. military, unless the E:\FR\FM\08DEN1.SGM 08DEN1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 88, No. 235 / Friday, December 8, 2023 / Notices representation is not misleading and Respondents have a reasonable basis substantiating it. Parts III through V are monetary provisions. Part III imposes a judgment of $4,572,137.66 and partially suspends that judgment on the basis of the Respondents’ sworn financial statements. If the Commission concludes any Respondent made a material misrepresentation or omission in that Respondent’s sworn financial statement, the suspension as to that Respondent is lifted and the full judgment is immediately due. Part IV includes additional monetary provisions relating to collections. Part V requires Respondents to provide sufficient customer information to enable the Commission to administer consumer redress, if appropriate. Part VI is a notice provision requiring Respondents to identify and notify certain consumers of the FTC’s action within 30 days after the issuance of the order, or within 30 days of the consumer’s identification, if identified later. Respondents are also required to submit reports regarding their notification program. Parts VII through X are reporting and compliance provisions. Part VII requires Respondents to acknowledge receipt of the order, to provide a copy of the order to certain current and future principals, officers, directors, and employees, and to obtain an acknowledgement from each such person that they have received a copy of the order. Part VIII requires Respondents to file a compliance report within one year after the order becomes final and to notify the Commission within 14 days of certain changes that would affect compliance with the order. Part IX requires Respondents to maintain certain records, including records necessary to demonstrate compliance with the order. Part X requires Respondents to submit additional compliance reports when requested by the Commission and to permit the Commission or its representatives to interview Respondents’ personnel. Finally, Part XI is a ‘‘sunset’’ provision, terminating the order after twenty (20) years, with certain exceptions. The purpose of this analysis is to aid public comment on the proposed order. It is not intended to constitute an official interpretation of the complaint or proposed order, or to modify in any way the proposed order’s terms. VerDate Sep<11>2014 16:50 Dec 07, 2023 Jkt 262001 By direction of the Commission. Joel Christie, Acting Secretary. BILLING CODE 6750–01–P GENERAL SERVICES ADMINISTRATION [OMB Control No. 3090–XXXX; Docket No. 2023–0001; Sequence No. 8] Information Collection; Data Collection for a National Evaluation of the American Rescue Plan Office of Evaluation Sciences; Office of Government-wide Policy (OGP); General Services Administration (GSA). ACTION: Notice of request for comments regarding a request for a new OMB clearance. AGENCY: Under the provisions of the Paperwork Reduction Act, OES is proposing new data collection activities conducted for the National Evaluation of the American Rescue Plan (ARP). The objective of this project is to provide a systematic look at the contributions of selected ARP-funded programs toward achieving equitable outcomes to inform program design and delivery across the Federal Government. The project will include in-depth, cross-cutting evaluations and data analysis of selected ARP programs, especially those with shared outcomes, common approaches, or overlapping recipient communities; and targeted, program-specific analyses to fill critical gaps in evidence needs. DATES: Submit comments on or before February 6, 2024. ADDRESSES: Submit comments identified by Information Collection 3090–XXXX; Data Collection for a National Evaluation of the American Rescue Plan via https:// www.regulations.gov. Submit comments via the Federal eRulemaking portal by searching for the OMB Control number 3090–XXXX. Select the link ‘‘Comment Now’’ that corresponds with ‘‘Information Collection 3090–XXXX; Data Collection for a National Evaluation of the American Rescue Plan’’. Follow the instructions on the screen. Please include your name, company name (if any), and ‘‘Information Collection 3090–XXXX; Data Collection for a National Evaluation of the American Rescue Plan’’ on your attached document. If your comment cannot be submitted using https://www.regulations.gov, call or email the points of contact in the FOR PO 00000 Frm 00044 Fmt 4703 Sfmt 4703 section of this document for alternate instructions. Instructions: Please submit comments only and cite Information Collection 3090–XXXX; Data Collection for a National Evaluation of the American Rescue Plan, in all correspondence related to this collection. Comments received generally will be posted without change to regulations.gov, including any personal and/or business confidential information provided. To confirm receipt of your comment(s), please check regulations.gov, approximately two-to-three days after submission to verify posting. FOR FURTHER INFORMATION CONTACT: Elizabeth Martin, Program Manager, (267)455–8556 at arp.national.evaluation@gsa.gov. SUPPLEMENTARY INFORMATION: FURTHER INFORMATION CONTACT [FR Doc. 2023–26945 Filed 12–7–23; 8:45 am] SUMMARY: 85621 A. Purpose The goal of this study is to look systematically across the selected subset of ARP programs, to provide an integrated account of whether, how, and to what extent their implementation served to achieve their intended outcomes, particularly with respect to advancing equity. More specifically, the study aims to learn how lessons from examination of ARP programs and interventions with shared outcomes, common approaches, or overlapping recipient communities may inform equitable program design and delivery across the Federal Government. The study aims to address these overarching evaluation questions: • To what extent did ARP investments and policy interventions advance equitable outcomes for those they were designed to serve? • What strategies contributed to the successes, and where are different strategies needed? • Where multiple ARP programs aim to reach similar outcomes, especially among a shared population: Æ To what extent is there coordination across programs in their administration, customer experience strategies, or performance or outcome measurement practices? Æ To what extent are there collective impacts that could be attributed to more than one program? What kinds of impacts, if any, are observed? Æ What kinds of secondary effects are observed that may not be captured in targeted outcome measures? The list of 32 programs covered in the May 2022 White House report ‘‘Advancing Equity through the American Rescue Plan’’ provided the scope of programs included in the National Evaluation. A partnership E:\FR\FM\08DEN1.SGM 08DEN1

Agencies

[Federal Register Volume 88, Number 235 (Friday, December 8, 2023)]
[Notices]
[Pages 85619-85621]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-26945]


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FEDERAL TRADE COMMISSION

[File No. 232 3035]


ExotoUSA LLC--Old Southern Brass; Analysis of Proposed Consent 
Order To Aid Public Comment

AGENCY: Federal Trade Commission.

ACTION: Proposed consent agreement; request for comment.

-----------------------------------------------------------------------

SUMMARY: The consent agreement in this matter settles alleged 
violations of Federal law prohibiting unfair or deceptive acts or 
practices. The attached Analysis of Proposed Consent Order to Aid 
Public Comment describes both the allegations in the complaint 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 8, 2024.

ADDRESSES: Interested parties may file comments online or on paper by 
following the instructions in the Request for Comment part of the 
SUPPLEMENTARY INFORMATION section below. Please write ``ExotoUSA LLC--
Old Southern Brass; File No. 232 3035'' on your comment and file your 
comment online at https://www.regulations.gov by following the 
instructions on the web-based form. If you prefer to file your comment 
on paper, please mail your comment to the following address: Federal 
Trade Commission, Office of the Secretary,

[[Page 85620]]

600 Pennsylvania Avenue NW, Suite CC-5610 (Annex V), Washington, DC 
20580.

FOR FURTHER INFORMATION CONTACT: Thomas Harris (202-326-3620), 
Attorney, Division of Marketing Practices, Bureau of Consumer 
Protection, Federal Trade Commission, 600 Pennsylvania Ave. NW, 
Washington, DC 20580.

SUPPLEMENTARY INFORMATION: Pursuant to section 6(f) of the Federal 
Trade Commission Act, 15 U.S.C. 46(f), and FTC Rule section 2.34, 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 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 
at https://www.ftc.gov/news-events/commission-actions.
    You can file a comment online or on paper. For the Commission to 
consider your comment, we must receive it on or before January 8, 2024. 
Write ``ExotoUSA LLC--Old Southern Brass File No. 232 3035'' on your 
comment. Your comment--including your name and your State--will be 
placed on the public record of this proceeding, including, to the 
extent practicable, on the https://www.regulations.gov website.
    Because of heightened security screening, postal mail addressed to 
the Commission will be subject to delay. We strongly encourage you to 
submit your comments online through the https://www.regulations.gov 
website. If you prefer to file your comment on paper, write ``ExotoUSA 
LLC--Old Southern Brass File No. 232 3035'' on your comment and on the 
envelope, and mail your comment to the following address: Federal Trade 
Commission, Office of the Secretary, 600 Pennsylvania Avenue NW, Suite 
CC-5610 (Annex V), Washington, DC 20580.
    Because your comment will be placed on the publicly accessible 
website at https://www.regulations.gov, you are solely responsible for 
making sure your comment does not include any sensitive or confidential 
information. In particular, your comment should not include sensitive 
personal information, such as your or anyone else's Social Security 
number; date of birth; driver's license number or other State 
identification number, or foreign country equivalent; passport number; 
financial account number; or credit or debit card number. You are also 
solely responsible for making sure your comment does not include 
sensitive health information, such as medical records or other 
individually identifiable health information. In addition, your comment 
should not include any ``trade secret or any commercial or financial 
information which . . . is privileged or confidential''--as provided by 
section 6(f) of the FTC Act, 15 U.S.C. 46(f), and FTC Rule section 
4.10(a)(2), 16 CFR 4.10(a)(2)--including competitively sensitive 
information such as costs, sales statistics, inventories, formulas, 
patterns, devices, manufacturing processes, or customer names.
    Comments containing material for which confidential treatment is 
requested must be filed in paper form, must be clearly labeled 
``Confidential,'' and must comply with FTC Rule section 4.9(c). In 
particular, the written request for confidential treatment that 
accompanies the comment must include the factual and legal basis for 
the request and must identify the specific portions of the comment to 
be withheld from the public record. See FTC Rule section 4.9(c). Your 
comment will be kept confidential only if the General Counsel grants 
your request in accordance with the law and the public interest. Once 
your comment has been posted on the https://www.regulations.gov 
website--as legally required by FTC Rule section 4.9(b)--we cannot 
redact or remove your comment from that website, unless you submit a 
confidentiality request that meets the requirements for such treatment 
under FTC Rule section 4.9(c), and the General Counsel grants that 
request.
    Visit the FTC website at https://www.ftc.gov to read this document 
and the news release describing the proposed settlement. The FTC Act 
and other laws the Commission administers permit the collection of 
public comments to consider and use in this proceeding, as appropriate. 
The Commission will consider all timely and responsive public comments 
it receives on or before January 8, 2024. For information on the 
Commission's privacy policy, including routine uses permitted by the 
Privacy Act, see https://www.ftc.gov/site-information/privacy-policy.

Analysis of Proposed Consent Order To Aid Public Comment

    The Federal Trade Commission (``FTC'' or ``Commission'') has 
accepted, subject to final approval, an agreement containing a consent 
order from ExotoUSA LLC, d/b/a Old Southern Brass, and Austin Oliver 
(``Respondents'').
    The proposed consent order has been placed on the public record for 
30 days for receipt of comments by interested persons. Comments 
received during this period will become part of the public record. 
After 30 days, the Commission will again review the agreement and the 
comments received and decide whether it should withdraw from the 
agreement or make final the agreement's proposed order. This matter 
involves Respondents' advertising of glassware, mugs, pens, and other 
novelty items as made in the United States and claims of association 
with the U.S. military.
    According to the FTC's complaint, Respondents (1) deceptively 
advertised certain products as made in the United States even though, 
in numerous instances, they were wholly imported, and (2) falsely 
claimed ExotoUSA LLC is veteran-operated, donates 10% of sales to 
military service charities, and incorporates bullets or bullet casings 
fired by the U.S. military into its products. Based on the foregoing, 
the complaint alleges Respondents violated section 5 of the Federal 
Trade Commission Act, 15 U.S.C. 45(a).
    The proposed consent order contains provisions designed to prevent 
Respondents from engaging in similar acts and practices in the future. 
Consistent with the FTC's Made in USA Labeling Rule, 16 CFR part 323, 
and its Enforcement Policy Statement on U.S.-Origin Claims, 62 FR 
63756, 63768 (Dec. 2, 1997), Part I prohibits Respondents from making 
U.S.-origin claims for their products unless: (1) the final assembly or 
processing of the product occurs in the United States, all significant 
processing that goes into the product occurs in the United States, and 
all or virtually all ingredients or components of the product are made 
and sourced in the United States; (2) a clear and conspicuous 
qualification appears immediately adjacent to the representation that 
accurately conveys the extent to which the product contains foreign 
parts, ingredients or components, and/or processing; or (3) for a claim 
that a product is assembled in the United States, the product is last 
substantially transformed in the United States, the product's principal 
assembly takes place in the United States, and United States assembly 
operations are substantial.
    Part II prohibits Respondents from making any representation, 
including any claim about the country of origin of a product or service 
or any claim Respondents have an association with the U.S. military, 
unless the

[[Page 85621]]

representation is not misleading and Respondents have a reasonable 
basis substantiating it.
    Parts III through V are monetary provisions. Part III imposes a 
judgment of $4,572,137.66 and partially suspends that judgment on the 
basis of the Respondents' sworn financial statements. If the Commission 
concludes any Respondent made a material misrepresentation or omission 
in that Respondent's sworn financial statement, the suspension as to 
that Respondent is lifted and the full judgment is immediately due. 
Part IV includes additional monetary provisions relating to 
collections. Part V requires Respondents to provide sufficient customer 
information to enable the Commission to administer consumer redress, if 
appropriate.
    Part VI is a notice provision requiring Respondents to identify and 
notify certain consumers of the FTC's action within 30 days after the 
issuance of the order, or within 30 days of the consumer's 
identification, if identified later. Respondents are also required to 
submit reports regarding their notification program.
    Parts VII through X are reporting and compliance provisions. Part 
VII requires Respondents to acknowledge receipt of the order, to 
provide a copy of the order to certain current and future principals, 
officers, directors, and employees, and to obtain an acknowledgement 
from each such person that they have received a copy of the order.
    Part VIII requires Respondents to file a compliance report within 
one year after the order becomes final and to notify the Commission 
within 14 days of certain changes that would affect compliance with the 
order.
    Part IX requires Respondents to maintain certain records, including 
records necessary to demonstrate compliance with the order. Part X 
requires Respondents to submit additional compliance reports when 
requested by the Commission and to permit the Commission or its 
representatives to interview Respondents' personnel. Finally, Part XI 
is a ``sunset'' provision, terminating the order after twenty (20) 
years, with certain exceptions.
    The purpose of this analysis is to aid public comment on the 
proposed order. It is not intended to constitute an official 
interpretation of the complaint or proposed order, or to modify in any 
way the proposed order's terms.

    By direction of the Commission.
Joel Christie,
Acting Secretary.
[FR Doc. 2023-26945 Filed 12-7-23; 8:45 am]
BILLING CODE 6750-01-P
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