[House Report 109-644]
[From the U.S. Government Publishing Office]
109th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 109-644
======================================================================
WOOL SUIT FABRIC LABELING FAIRNESS AND INTERNATIONAL STANDARDS
CONFORMING ACT
_______
September 8, 2006.--Committed to the Committee of the Whole House on
the State of the Union and ordered to be printed
_______
Mr. Barton of Texas, from the Committee on Energy and Commerce,
submitted the following
R E P O R T
[To accompany H.R. 4583]
[Including cost estimate of the Congressional Budget Office]
The Committee on Energy and Commerce, to whom was referred
the bill (H.R. 4583) to amend the Wool Products Labeling Act of
1939 to revise the requirements for labeling of certain wool
and cashmere products, having considered the same, report
favorably thereon with an amendment and recommend that the bill
as amended do pass.
CONTENTS
Page
Amendment........................................................ 1
Purpose and Summary.............................................. 2
Background and Need for Legislation.............................. 3
Hearings......................................................... 3
Committee Consideration.......................................... 3
Committee Votes.................................................. 4
Committee Oversight Findings..................................... 4
Statement of General Performance Goals and Objectives............ 4
New Budget Authority, Entitlement Authority, and Tax Expenditures 4
Committee Cost Estimate.......................................... 4
Congressional Budget Office Estimate............................. 4
Federal Mandates Statement....................................... 5
Advisory Committee Statement..................................... 5
Constitutional Authority Statement............................... 5
Applicability to Legislative Branch.............................. 5
Section-by-Section Analysis of the Legislation................... 5
Changes in Existing Law Made by the Bill, as Reported............ 6
Amendment
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Wool Suit Fabric Labeling Fairness and
International Standards Conforming Act''.
SEC. 2. LABELING OF WOOL AND CASHMERE PRODUCTS TO FACILITATE COMPLIANCE
AND PROTECT CONSUMERS.
(a) In General.--Section 4(a) of the Wool Products Labeling Act of
1939 (15 U.S.C. 68b(a)) is amended by adding at the end the following
new paragraphs:
``(5) In the case of a wool product stamped, tagged, labeled, or
otherwise identified as--
``(A) `Super 80's' or `80's', if the average diameter of wool
fiber of such wool product does not average 19.5 microns or
finer;
``(B) `Super 90's' or `90's', if the average diameter of wool
fiber of such wool product does not average 19.0 microns or
finer;
``(C) `Super 100's' or `100's', if the average diameter of
wool fiber of such wool product does not average 18.5 microns
or finer;
``(D) `Super 110's' or `110's', if the average diameter of
wool fiber of such wool product does not average 18.0 microns
or finer;
``(E) `Super 120's' or `120's', if the average diameter of
wool fiber of such wool product does not average 17.5 microns
or finer;
``(F) `Super 130's' or `130's', if the average diameter of
wool fiber of such wool product does not average 17.0 microns
or finer;
``(G) `Super 140's' or `140's', if the average diameter of
wool fiber of such wool product does not average 16.5 microns
or finer;
``(H) `Super 150's' or `150's', if the average diameter of
wool fiber of such wool product does not average 16.0 microns
or finer;
``(I) `Super 160's' or `160's', if the average diameter of
wool fiber of such wool product does not average 15.5 microns
or finer;
``(J) `Super 170's' or `170's', if the average diameter of
wool fiber of such wool product does not average 15.0 microns
or finer;
``(K) `Super 180's' or `180's', if the average diameter of
wool fiber of such wool product does not average 14.5 microns
or finer;
``(L) `Super 190's' or `190's', if the average diameter of
wool fiber of such wool product does not average 14.0 microns
or finer;
``(M) `Super 200's' or `200's', if the average diameter of
wool fiber of such wool product does not average 13.5 microns
or finer;
``(N) `Super 210's' or `210's', if the average diameter of
wool fiber of such wool product does not average 13.0 microns
or finer;
``(O) `Super 220's' or `220's', if the average diameter of
wool fiber of such wool product does not average 12.5 microns
or finer;
``(P) `Super 230's' or `230's', if the average diameter of
wool fiber of such wool product does not average 12.0 microns
or finer;
``(Q) `Super 240's' or `240's', if the average diameter of
wool fiber of such wool product does not average 11.5 microns
or finer; and
``(R) `Super 250's' or `250's', if the average diameter of
wool fiber of such wool product does not average 11.0 microns
or finer.
In each such case, the average fiber diameter of such wool product may
be subject to such standards or deviations as adopted by regulation by
the Commission.
``(6) In the case of a wool product stamped, tagged, labeled, or
otherwise identified as cashmere, if--
``(A) such wool product is not the fine (dehaired) undercoat
fibers produced by a cashmere goat (capra hircus laniger);
``(B) the average diameter of the fiber of such wool product
exceeds 19 microns; or
``(C) such wool product contains more than 3 percent (by
weight) of cashmere fibers with average diameters that exceed
30 microns.
The average fiber diameter may be subject to a coefficient of variation
around the mean that shall not exceed 24 percent.''.
(b) Applicability Date.--The amendments made by this section shall
apply to wool products manufactured on or after January 1, 2007.
Purpose and Summary
The purpose of H.R. 4583, the Wool Suit Fabric Labeling
Fairness and International Standards Conforming Act, is to
amend the Wool Products Labeling Act of 1939 to revise the
labeling requirements for certain wool and cashmere products.
The bill will protect consumers and industry participants from
deceptively labeled or mislabeled wool or cashmere products by
establishing a legal standard for labeling superfine wool and
cashmere products based on internationally accepted standards.
Background and Need for Legislation
The Wool Products Labeling Act of 1939 requires that most
textiles or wool products include a permanent tag conveying
three pieces of information to the consumer: the fiber content,
the country of origin, and the name of the manufacturer or
other business responsible for product distribution.
Wool products are subject to specific additional
requirements beyond other textile products. While most fibers
must be identified only when they meet or exceed 5 percent of
product weight, products that contain any amount of wool must
be labeled. Wool products must always be labeled by name and
percentage of weight, regardless of percentage weight.
The Wool Products Labeling Act of 1939 defines ``wool'' as
fibers made from sheep or lamb fleece or from the hair of an
Angora or cashmere goat. Fibers made from camel, alpaca, llama,
and vicuna may also be considered wool. The Wool Products
Labeling Act of 1939 requires only that these fibers be
identified on textile labels as ``wool,'' although they may
also be identified as specialty fibers (mohair, cashmere,
camel, alpaca, llama, vicuna).
Many wool products are now labeled as ``Super 80s,''
``Super 90s,'' ``Super 100s,'' or such designation through
``Super 250s.'' These super grades identify the fineness of
wool fibers. The higher the number, the finer the yarn, and,
consequently, the higher the cost. Despite the common use of
these labeling designations, the Wool Labeling Act of 1939 has
not been amended to reflect the current marketing practice of
using ``super'' terms as an identifier of quality wool
products.
In 2000, the International Wool Trade Organization (IWTO),
an organization representing the interests of the worldwide
textile industry including the United States, adopted
definitions and a code of practice regarding the use of
superfine designations on wool products. The definitions codify
the exact diameters that each level of ``super'' designations
should contain. H.R. 4583 would amend the Wool Labeling Act of
1939 to include the definition of superfine wool designations
adopted by the IWTO.
In addition to establishing legal standards for superfine
wool designations, H.R. 4583 also amends the Wool Labeling Act
of 1939 to include a specific definition of cashmere in order
to protect the consumer from deceptively labeled textiles.
Hearings
The Committee on Energy and Commerce has not held hearings
on the legislation.
Committee Consideration
On Wednesday, July 26, 2006, the Committee on Energy and
Commerce met in open markup session and ordered H.R. 4583
reported favorably to the House, amended, by a voice vote, a
quorum being present.
Committee Votes
Clause 3(b) of rule XIII of the Rules of the House of
Representatives requires the Committee to list the record votes
on the motion to report legislation and amendments thereto.
There were no record votes taken in connection with ordering
H.R. 4583 reported. A motion by Mr. Barton to order H.R. 4583
reported to the House, amended, was agreed to by a voice vote.
Committee Oversight Findings
Pursuant to clause 3(c)(1) of rule XIII of the Rules of the
House of Representatives, the Committee has not held oversight
or legislative hearings on this legislation.
Statement of General Performance Goals and Objectives
The goal of H.R. 4583 is to protect consumers and industry
participants from deceptively labeled or mislabeled wool or
cashmere products.
New Budget Authority, Entitlement Authority, and Tax Expenditures
In compliance with clause 3(c)(2) of rule XIII of the Rules
of the House of Representatives, the Committee finds that H.R.
4583, the Wool Suit Fabric Labeling Fairness and International
Standards Conforming Act, would result in no new or increased
budget authority, entitlement authority, or tax expenditures or
revenues.
Committee Cost Estimate
The Committee adopts as its own the cost estimate prepared
by the Director of the Congressional Budget Office pursuant to
section 402 of the Congressional Budget Act of 1974.
Congressional Budget Office Estimate
Pursuant to clause 3(c)(3) of rule XIII of the Rules of the
House of Representatives, the following is the cost estimate
provided by the Congressional Budget Office pursuant to section
402 of the Congressional Budget Act of 1974:
U.S. Congress,
Congressional Budget Office,
Washington, DC, August 24, 2006.
Hon. Joe Barton,
Chairman, Committee on Energy and Commerce,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 4583, the Wool
Suit Fabric Labeling Fairness and International Standards
Conforming Act.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Susan Willie.
Sincerely,
Robert P. Murphy.
(Donald B. Marron, Acting Director).
Enclosure.
H.R. 4583--Wool Suit Fabric Labeling Fairness and International
Standards Conforming Act
H.R. 4583 would amend the Wool Products Labeling Act to
define certain grades of wool that are used to identify the
quality of wool fabrics. The bill also would define the
standards for labeling cashmere fabrics. Based on information
from the Federal Trade Commission, CBO estimates that the cost
of enforcing these new labeling requirements would be less than
$500,000 a year, assuming the availability of appropriated
funds. Enacting H.R. 4583 would not affect direct spending or
revenues.
H.R. 4583 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would not affect the budgets of state, local, or tribal
governments.
The CBO staff contact for this estimate is Susan Willie.
This estimate was approved by Jeffrey M. Holland, Chief,
Projections Unit.
Federal Mandates Statement
The Committee adopts as its own the estimate of Federal
mandates prepared by the Director of the Congressional Budget
Office pursuant to section 423 of the Unfunded Mandates Reform
Act.
Advisory Committee Statement
No advisory committees within the meaning of section 5(b)
of the Federal Advisory Committee Act were created by this
legislation.
Constitutional Authority Statement
Pursuant to clause 3(d)(1) of rule XIII of the Rules of the
House of Representatives, the Committee finds that the
Constitutional authority for this legislation is provided in
Article I, section 8, clause 3, which grants Congress the power
to regulate commerce with foreign nations, among the several
States, and with the Indian tribes.
Applicability to Legislative Branch
The Committee finds that the legislation does not relate to
the terms and conditions of employment or access to public
services or accommodations within the meaning of section
102(b)(3) of the Congressional Accountability Act.
Section-by-Section Analysis of the Legislation
Section 1. Short title
Section 1 designates the title of the bill as the ``Wool
Suit Fabric Labeling Fairness and International Standards
Conforming Act.''
Section 2. Labeling of wool and cashmere products to facilitate
compliance and protect consumers
Section 2 amends Section 4(a) of the Wool Products Labeling
Act of 1939 by adding two new subparagraphs; (5) and (6).
Subparagraph (5) adds a new definition of misbranding by
establishing fiber diameter requirements for superfine wool
designations ``Super 80s'' or ``80s'' through ``Super 250s'' or
``250s.'' The fiber diameter requirements range from an average
of 19.5 microns or less to an average of 11.0 microns or less,
depending on the specific superfine designation. Subparagraph
(6) adds a new definition of misbranding by establishing which
fibers may be considered cashmere, fiber diameter requirements
for cashmere products, and a maximum percentage of fibers that
may be used in cashmere products which exceed a certain
diameter.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (new matter is
printed in italic and existing law in which no change is
proposed is shown in roman):
SECTION 4 OF THE WOOL PRODUCTS LABELING ACT OF 1939
MISBRANDED WOOL PRODUCTS
Sec. 4. (a) A wool product shall be misbranded--
(1) * * *
* * * * * * *
(5) In the case of a wool product stamped, tagged, labeled,
or otherwise identified as--
(A) ``Super 80's'' or ``80's'', if the average
diameter of wool fiber of such wool product does not
average 19.5 microns or finer;
(B) ``Super 90's'' or ``90's'', if the average
diameter of wool fiber of such wool product does not
average 19.0 microns or finer;
(C) ``Super 100's'' or ``100's'', if the average
diameter of wool fiber of such wool product does not
average 18.5 microns or finer;
(D) ``Super 110's'' or ``110's'', if the average
diameter of wool fiber of such wool product does not
average 18.0 microns or finer;
(E) ``Super 120's'' or ``120's'', if the average
diameter of wool fiber of such wool product does not
average 17.5 microns or finer;
(F) ``Super 130's'' or ``130's'', if the average
diameter of wool fiber of such wool product does not
average 17.0 microns or finer;
(G) ``Super 140's'' or ``140's'', if the average
diameter of wool fiber of such wool product does not
average 16.5 microns or finer;
(H) ``Super 150's'' or ``150's'', if the average
diameter of wool fiber of such wool product does not
average 16.0 microns or finer;
(I) ``Super 160's'' or ``160's'', if the average
diameter of wool fiber of such wool product does not
average 15.5 microns or finer;
(J) ``Super 170's'' or ``170's'', if the average
diameter of wool fiber of such wool product does not
average 15.0 microns or finer;
(K) ``Super 180's'' or ``180's'', if the average
diameter of wool fiber of such wool product does not
average 14.5 microns or finer;
(L) ``Super 190's'' or ``190's'', if the average
diameter of wool fiber of such wool product does not
average 14.0 microns or finer;
(M) ``Super 200's'' or ``200's'', if the average
diameter of wool fiber of such wool product does not
average 13.5 microns or finer;
(N) ``Super 210's'' or ``210's'', if the average
diameter of wool fiber of such wool product does not
average 13.0 microns or finer;
(O) ``Super 220's'' or ``220's'', if the average
diameter of wool fiber of such wool product does not
average 12.5 microns or finer;
(P) ``Super 230's'' or ``230's'', if the average
diameter of wool fiber of such wool product does not
average 12.0 microns or finer;
(Q) ``Super 240's'' or ``240's'', if the average
diameter of wool fiber of such wool product does not
average 11.5 microns or finer; and
(R) ``Super 250's'' or ``250's'', if the average
diameter of wool fiber of such wool product does not
average 11.0 microns or finer.
In each such case, the average fiber diameter of such wool
product may be subject to such standards or deviations as
adopted by regulation by the Commission.
(6) In the case of a wool product stamped, tagged, labeled,
or otherwise identified as cashmere, if--
(A) such wool product is not the fine (dehaired)
undercoat fibers produced by a cashmere goat (capra
hircus laniger);
(B) the average diameter of the fiber of such wool
product exceeds 19 microns; or
(C) such wool product contains more than 3 percent
(by weight) of cashmere fibers with average diameters
that exceed 30 microns.
The average fiber diameter may be subject to a coefficient of
variation around the mean that shall not exceed 24 percent.
* * * * * * *