<br />10806
<br />
<br />It is further ordered. That respond-
<br />ents Ben Stroll Furs, Inc., a corporation,
<br />its successors and assigns, and its officers
<br />and Ben Stroll, also known as Benjamin
<br />strulowltz, individually and as an officer
<br />of said corporation, and respondents'
<br />representatives, agents, and employees,
<br />directly or through'any corporation, sub-
<br />sldlary, division, or other device, do
<br />forthwith cease and desist from fUrnish-
<br />ing a false guaranty that any fur prod-
<br />uct is not misbranded. falsely invoiced
<br />or falsely advertised when the respond-
<br />ents have reason to believe that such fur
<br />product may be introduced, sold. trans-
<br />ported, or distributed in commerce.
<br />It is further ordered, That respond-
<br />ents notify. by delivery of a copy of this
<br />order by registered mail, each of their
<br />customers listed in schedule A, set forth
<br />below, all of whom have purchased fur
<br />products which gave rise to this com-
<br />plaint, of the fact that such products
<br />were misbranded or falsely or deceptively
<br />invoiced.
<br />It is further ordered, That respond-
<br />ents shall forthwith deposit in escrow
<br />with their attorney, as escrowee, $4,580,.
<br />which amount represents the difference
<br />between the sum actually received by the
<br />respondents in sales to their customers
<br />of 43 fur products identified by item
<br />number in schedule A. set forth below,
<br />which were misbranded or falsely or de-
<br />ceptively invoiced as natural and the
<br />Rum the respondents would have received
<br />for the same products had they heen
<br />properly labeled and invoiced as dyed.
<br />It is further ordered, That respond-
<br />ents make every prompt and diligent ef-
<br />fort to ascertain the identity and the
<br />present address of, and the individual
<br />retail prices paid by each consumer who
<br />purchased the said 43 fur products man-
<br />ufactured by the respondents and iden-
<br />tified by item number in schedule A, at-
<br />tached hereto; and the respondents at
<br />the time and as part of the initial report
<br />of compliance which they shall file with
<br />the Commission within 60 days after
<br />service upon them of this order, as here-
<br />inafter set forth, shall include as part of
<br />that report a detailed account of the
<br />efforts made by them in obtaining the
<br />above information together with the re-
<br />sults thereof.
<br />It is further ordered. That following
<br />the respondents.' initial report of com-
<br />pliance and its acceptance by the Com-
<br />mission, each consumer located by the
<br />respondents or by the Commission who
<br />has purchased any of the subject 43 fur
<br />products shall be sent by the respondents
<br />by registered mail a copy of this order
<br />and shall be paid a sum from the escrow
<br />amount arrived at as follows:
<br />(1) Each of the consumers who have
<br />purchased any of the subject 43 fur prod-
<br />ucts shall receive a percentage of the
<br />$4.580 escrow. The percentage received
<br />by each shall be determined by ascer-
<br />taining the total of the retail prices paid
<br />by the consumers for the 43 fur products
<br />and then determining the percentage
<br />that the individual consumer's retail
<br />price bears to the total of the retail
<br />
<br />prices.
<br />(2) In the event that some of the COll-
<br />
<br />sumers cannot be located there shall be
<br />
<br />RULES AND REGULATIONS
<br />
<br />no reduction in the escrow amount of
<br />$4,580, but rather the amount received
<br />by each consumer shall be calculated as
<br />described above except that the total of
<br />the retail prices used to ascertain the
<br />percentage of the escrow amount to be
<br />paid to the individual consumer shall be
<br />the total of the retail prices paid by the
<br />consumers who have been located for
<br />the respective fur products that they
<br />purchased.
<br />(3) In no event shall any consumer
<br />receive more than 20 percent of the retail
<br />price originally J)f\id by him, however,
<br />such payment snaIl not limit the con-
<br />sumer's rights or in terests.
<br />(4) Any amount remaining in the
<br />escrow acCOWlt following full compliance
<br />by the respondents with this order may
<br />be returned to them by the escrowee sub':'
<br />ject to the approval of the Commission,
<br />It is further ordered, That in addition
<br />to the provisions hereinabove made re-
<br />garding payment by the respondents to
<br />consumers who purchased the 43 mis-
<br />branded or falsely and deceptively in-
<br />voiced fur product, the respondents shall
<br />pay, to any other consumer who shows
<br />that prior to the e1fective date of this
<br />order he purchased a fur product manu-
<br />factured and deceptively invoiced and/or
<br />misbranded by the proposed respond-
<br />ents, an amount equal to 20 percent of
<br />the wholesale price received by the re-
<br />spondents in the sale of the misbranded
<br />or falsely or deceptively invoiced fur
<br />product but in no event shall any pay-
<br />ment made to a consumer under the pro-
<br />visions of this paragraph foreclose any
<br />of the consumer's rights or interests, nor
<br />shall any payment by the respondents
<br />provided for under this paragraph be
<br />made by them from the hereinabove de-
<br />scribed escrow fund of $4,580,
<br />It is further ordered, That in addition
<br />to the respondent.s sending a copy of this
<br />order to consumers who had purchased
<br />the 43 fur products as described herein-
<br />before, the respondents shall also send
<br />a copy of this order by registered mail
<br />to any other consumer known by them
<br />or who may become known by them to
<br />have purchased a fur product manufac-
<br />tured and misbranded 01' falsely or de-
<br />ceptively invoiced by the respondents
<br />prior to the effective date of this order,
<br />It is further ordered, That respondents
<br />notify the Commission at least 30 days
<br />prior to any proposed change in the cor-
<br />porate respondent such as dissolution,
<br />assignment or sale resulting in the emer-
<br />gence of a successor corporation, the
<br />creation or dissolution of subsidiaries or
<br />any other change in the corporation
<br />which may effect compliance obligations
<br />arising out of the order.
<br />It is further ordered, That the
<br />individual respondent named herein
<br />promptly notify the Commission of the
<br />discontinuance of hi~ present business or
<br />employment and of his a:mIiation with a
<br />new business or employment. Such no-
<br />tice shall include respondent's current
<br />business and address, the nature of the
<br />business or employment in which he is
<br />engaged as well as a description of his
<br />duties and responsib1lities,
<br />It is further ordered, That the re-
<br />spondent corporation shall forthwith
<br />
<br />distribute a copy of thIs order to each of
<br />its operating divisions.
<br />It is further ordered. That. the respond-
<br />ents herein shall within 60 days after
<br />service upon them of this order, file with
<br />the CommissIon an initial report of com.
<br />pllance in writing setting forth in detail
<br />the manner and form in which they have
<br />complied with this order.
<br />It is further ordered, That the respond-
<br />ents within 60 days of their filing of
<br />the initial report of compliance and ac-
<br />ceptance of the same by the Commission
<br />shall file with the Conunisslon an addi-
<br />tional report in writing setting forth in
<br />detail the manner and form in which
<br />. they have complied with this order.
<br />
<br />Issued April 2, 1973.
<br />
<br />By the Commission.
<br />
<br />[SEAL] CHARLES A. TOBIN,
<br />Secretary.
<br />
<br />.
<br />
<br />'"
<br />
<br />SCHEDULE A
<br />
<br />Stroll
<br />ill yoke
<br />No.
<br />
<br />Cllstomer
<br />
<br />Slyl~f
<br />II",mNo.
<br />
<br />Date
<br />
<br />11~L_n___ Jill)" 11, HI68 Lockwood Furs_ 1~7/ti331
<br />4191_....__..___dom._________do.__________180/t)327
<br />15~1_______ AUI;. 13,1968 Lloytls__________ 1!.l7/11Gtl2
<br />45'1'J____________do____.._______dou._______. 10l/~2li6
<br />460'-______ Aug. 2O,lU68 I. E. Goodman_ 190!G70S
<br />4G07_.___.._____110_____________do...__._____ 190/63~O
<br />1M2___.___ Aug. l3.1~6.~ _____do_nm_____ l{1!./fi336
<br />447IL______ Aug. 5, 1068 North~rn FUr.L_ 67516&19
<br />4-l.71L___________do.____________uo___________ 1uIH~i3
<br />ftO(tl__.____ O<:t. f),19OS E.a.nsFurCo__ !J17F'/w30
<br />licy'tl... _. .___ ___dom__________do_________._ ~IIFI(j6&l
<br />4i~3.__.___ tj('pt. 6,196~ _____flom____._._ 1~~1ft.l37
<br />4711.______ Aug. 29,1\/68 _____uo_m_.___.. !l6R-l'o/1}4211
<br />4&..0-1_______ Aug. 28,1\11lS _____(Iom________ f'J7F{fH28
<br />4&:14_.____._____uom__________tlo___________ll.'lIF{U42'J
<br />4G'.t~_._. _..... ._do____________.<1o________.__ Y53/fill5:)
<br />43110_______ July 2li,l\lfoS _____<10___________ li8h/ll445
<br />4:lf.L______ Jul). li,lt1GB..___uo___________ 875/6435
<br />":.:!57__._____..__r10_.___________tlo.__________ l'o7!'i!63~O
<br />~Il___.___ July 16,191'>8 _____r10___________ 875,G~13
<br />4-tH_______ July _3I,I\lt'o..'l 001<1. LahcL __.. !(IMG3H
<br />liWI_______ oct. 14,J968 H. D. Gross- ~IF/tiJ17
<br />ll1all.
<br />411Z7.._____ Aug. 21, l!.lug Be-n Herscho.fL_ 1~14f.l~5'J
<br />4G::!7__._..._____t10_______.___..UOn_________ l')Ii/OO)8
<br />417.'-______ July 10,1\168 RobcrLl:ichcch- 1~~l/il348
<br />Il~r.
<br />~3uO_______ Jan. :.l"~, J:liu Glbu-FrlodDllUl_ 631i/&!(l.')
<br />U3Q(L_._________do_____________dom..______ 915/IiSO'i
<br />3357 _ _ _. _.. V~c. 30,1\170 Gi\lll.-NohUa, 817/1700
<br />1 Ill'.
<br />34!I4.m___ Jrln. Hi,I1l71 A.I.Lipsey____.9M18/1703
<br />353-"_______ JIIIl. 2O,1~71 __.__\lom________ W08/1701
<br />tillllJ_______ OCI. ~,I\.I& Lockwood Furs_ 1\.I7!ti331
<br />6851____._. Od. I~,I(II\S _____do___________ 18lllf,3:!7
<br />9165.____._ Dc>t'. 12.HlIj\l Mohl FmCo____ 87/i/:i215
<br />l;I1M____________(lo..______.____do_n..______ tJUi/5~2:.!
<br />~11n.s__________._uo._.__.____.__(10_____._.___ G75/1i:!'~'
<br />!l01O_______ Dec. I,1\IG!. ____.(10_..._..._._ tl:.!4/~0'q
<br />U066_______ D<'l'. 3,1~1(j'J Goldin-Felll- li..!..'i/52l1
<br />nmn.
<br />l:m.'-..___. Nov. 25, W6\1 Jl3rCrcd_________ 87515:."5\
<br />1114Lhh.. De(~. 10, 1969 E.,Ul.~ Fur Co_. ~~25!4101
<br />34.!lL____.. Jail. 15,H171 A.l.Lipsey____. H40S/1703
<br />3SiI~L______ Jan. :"'0,1\171 __.__uom__._.... !f.tO!'i/1701
<br />~10li1_______ D{'~. 3,1!.l!).1 !'ulwunLFurs___ 817/4~",
<br />8'JHL______ Nov. 18,IW'-J Uoldin-Fdd- 817/~:.!7!J
<br />mlln.
<br />
<br />.
<br />
<br />[FR Doc.73-8445 Filed 5-1-73;8:45 am]
<br />
<br />Title 19-Customs Duties
<br />CHAPTER I-BUREAU OF CUSTOMS,
<br />DEPARTMENT OF THE TREASURY
<br />IT.D. 73-121]
<br />PART I~ENERAL PROVISIONS
<br />Designation of Butte, Mont., 85 Port of
<br />Entry
<br />APRIL 24. 1973.
<br />~.
<br />_ On February 5, 1973, notice of a pro-
<br />: posal to designate Butte. Mont., a.s a po$ .
<br />of entry in the Great Falls, Mont,. cus-r
<br />toms district (region VIII). was pub-
<br />
<br />.
<br />
<br />fEDERAL REGISTER, VOL. 38, NO. 84-WEDNESDAY, MAY 2, 1973
<br />
|