§ 303.45 Coverage and exclusions from the Act. ( a ) The following textile fiber products are subject to the Act and regulations in this part, unless excluded from the Act's requirements in paragraph (b) of this section: ( 1 ) Articles of wearing apparel;
( 2 ) Handkerchiefs;
( 3 ) Scarfs;
( 4 ) Beddings;
( 5 ) Curtains and casements;
( 6 ) Draperies;
( 7 ) Tablecloths, napkins, and doilies;
( 8 ) Floor coverings;
( 9 ) Towels;
( 10 ) Wash cloths and dish cloths;
( 11 ) Ironing board covers and pads;
( 12 ) Umbrellas and parasols;
( 13 ) Batts;
( 14 ) Products subject to section 4(h) of the Act;
( 15 ) Flags with heading or more than 216 square inches (13.9 dm2) in size;
( 16 ) Cushions;
( 17 ) All fibers, yarns and fabrics (including narrow fabrics except packaging ribbons);
( 18 ) Furniture slip covers and other covers or coverlets for furniture;
( 19 ) Afghans and throws;
( 20 ) Sleeping bags;
( 21 ) Antimacassars and tidies;
( 22 ) Hammocks; and
( 23 ) Dresser and other furniture scarfs.
( b ) Pursuant to section 12(b) of the Act, all textile fiber products other than those identified in paragraph (a) of this section, and the following textile fiber products, are excluded from the Act's requirements: ( 1 ) Belts, suspenders, arm bands, permanently knotted neckties, garters, sanitary belts, diaper liners, labels (either required or non-required) individually and in rolls, looper clips intended for handicraft purposes, book cloth, artists' canvases, tapestry cloth, and shoe laces.
( 2 ) All textile fiber products manufactured by the operators of company stores and offered for sale and sold exclusively to their own employees as ultimate consumers.
( 3 ) Coated fabrics and those portions of textile fiber products made of coated fabrics.
( 4 ) Secondhand household textile articles which are discernibly secondhand or which are marked to indicate their secondhand character.
( 5 ) Non-woven products of a disposable nature intended for one-time use only.
( 6 ) All curtains, casements, draperies, and table place mats, or any portions thereof otherwise subject to the Act, made principally of slats, rods, or strips, composed of wood, metal, plastic, or leather.
( 7 ) All textile fiber products in a form ready for the ultimate consumer procured by the military services of the United States which are bought according to specifications, but shall not include those textile fiber products sold and distributed through post exchanges, sales commissaries, or ship stores; provided, however, that if the military services sell textile fiber products for nongovernmental purposes the information with respect to the fiber content of such products shall be furnished to the purchaser thereof who shall label such products in conformity with the Act and regulations before such products are distributed for civilian use.
( 8 ) All hand woven rugs made by Navajo Indians which have attached thereto the “Certificate of Genuineness” supplied by the Indian Arts and Crafts Board of the United States Department of Interior. The term Navajo Indian means any Indian who is listed on the register of the Navajo Indian Tribe or is eligible for listing thereon.
( c ) The exclusions provided for in paragraph (b) of this section shall not be applicable: ( 1 ) if any representations as to the fiber content of such products are made on any label or in any advertisement without making a full and complete fiber content disclosure on such label or in such advertisement in accordance with the Act and regulations in this part with the exception of those products excluded by paragraph (b)(5) of this section; or
( 2 ) If any false, deceptive, or misleading representations are made as to the fiber content of such products.
( d ) The exclusions from the Act provided in paragraph (b) of this section are in addition to the exemptions from the Act provided in section 12(a) of the Act and shall not affect or limit such exemptions.
[79 FR 18774, Apr. 4, 2014]