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15 USC CHAPTER 28 - DISCLOSURE OF AUTOMOBILE INFORMATION 01/06/03

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TITLE 15 - COMMERCE AND TRADE

CHAPTER 28 - DISCLOSURE OF AUTOMOBILE INFORMATION

.

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CHAPTER 28 - DISCLOSURE OF AUTOMOBILE INFORMATION

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Sec.

1231. Definitions.

1232. Label and entry requirements.

1232a. Repealed.

1233. Violations and penalties.

(a) Failure to affix required label.

(b) Failure to endorse required label.

(c) Removal, alteration, or illegibility of required

label.

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CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in title 18 section 2721.

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15 USC Sec. 1231 01/06/03

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TITLE 15 - COMMERCE AND TRADE

CHAPTER 28 - DISCLOSURE OF AUTOMOBILE INFORMATION

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Sec. 1231. Definitions

-STATUTE-

For purposes of this chapter -

(a) The term ''manufacturer'' shall mean any person engaged in

the manufacturing or assembling of new automobiles, including any

person importing new automobiles for resale and any person who acts

for and is under the control of such manufacturer, assembler, or

importer in connection with the distribution of new automobiles.

(b) The term ''person'' means an individual, partnership,

corporation, business trust, or any organized group of persons.

(c) The term ''automobile'' includes any passenger car or station

wagon.

(d) The term ''new automobile'' means an automobile the equitable

or legal title to which has never been transferred by a

manufacturer, distributor, or dealer to an ultimate purchaser.

(e) The term ''dealer'' shall mean any person resident or located

in the United States or any Territory thereof or in the District of

Columbia engaged in the sale or the distribution of new automobiles

to the ultimate purchaser.

(f) The term ''final assembly point'' means -

(1) in the case of a new automobile manufactured or assembled

in the United States, or in any Territory of the United States,

the plant, factory, or other place at which a new automobile is

produced or assembled by a manufacturer and from which such

automobile is delivered to a dealer in such a condition that all

component parts necessary to the mechanical operation of such

automobile are included with such automobile, whether or not such

component parts are permanently installed in or on such

automobile; and

(2) in the case of a new automobile imported into the United

States, the port of importation.

(g) The term ''ultimate purchaser'' means, with respect to any

new automobile, the first person, other than a dealer purchasing in

his capacity as a dealer, who in good faith purchases such new

automobile for purposes other than resale.

(h) The term ''commerce'' shall mean commerce among the several

States of the United States or with foreign nations, or in any

Territory of the United States or in the District of Columbia, or

among the Territories or between any Territory and any State or

foreign nation, or between the District of Columbia and any State

or Territory or foreign nation. New automobiles delivered to, or

for further delivery to, ultimate purchasers within the United

States, the District of Columbia, the Commonwealth of Puerto Rico,

Guam, Virgin Islands, American Samoa, the Trust Territories of the

Pacific, the Canal Zone, Wake Island, Midway Island, Kingman Reef,

Johnson Island, or within any other place under the jurisdiction of

the United States shall be deemed to have been distributed in

commerce.

-SOURCE-

(Pub. L. 85-506, Sec. 2, July 7, 1958, 72 Stat. 325; Pub. L.

92-359, July 28, 1972, 86 Stat. 502.)

-REFTEXT-

REFERENCES IN TEXT

For definition of Canal Zone, referred to in subsec. (h), see

section 3602(b) of Title 22, Foreign Relations and Intercourse.

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AMENDMENTS

1972 - Subsec. (h). Pub. L. 92-359 inserted provision that new

automobiles delivered to ultimate purchasers within the United

States and other enumerated areas shall be deemed to have been

distributed in commerce.

EFFECTIVE DATE

Section 5 of Pub. L. 85-506 provided that: ''This Act (enacting

this chapter) shall take effect on the first day of October 1958 or

on the first day of the introduction of any new model of automobile

in any line of automobile beginning after the date of enactment of

this Act (July 7, 1958), whichever date shall last occur.''

SHORT TITLE

Section 1 of Pub. L. 85-506 provided: ''This Act (enacting this

chapter) may be cited as the 'Automobile Information Disclosure

Act'.''

-TRANS-

TERMINATION OF TRUST TERRITORY OF THE PACIFIC ISLANDS

For termination of Trust Territory of the Pacific Islands, see

note set out preceding section 1681 of Title 48, Territories and

Insular Possessions.

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15 USC Sec. 1232 01/06/03

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TITLE 15 - COMMERCE AND TRADE

CHAPTER 28 - DISCLOSURE OF AUTOMOBILE INFORMATION

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Sec. 1232. Label and entry requirements

-STATUTE-

Every manufacturer of new automobiles distributed in commerce

shall, prior to the delivery of any new automobile to any dealer,

or at or prior to the introduction date of new models delivered to

a dealer prior to such introduction date, securely affix to the

windshield, or side window of such automobile a label on which such

manufacturer shall endorse clearly, distinctly and legibly true and

correct entries disclosing the following information concerning

such automobile -

(a) the make, model, and serial or identification number or

numbers;

(b) the final assembly point;

(c) the name, and the location of the place of business, of the

dealer to whom it is to be delivered;

(d) the name of the city or town at which it is to be delivered

to such dealer;

(e) the method of transportation used in making delivery of

such automobile, if driven or towed from final assembly point to

place of delivery; and

(f) the following information:

(1) the retail price of such automobile suggested by the

manufacturer;

(2) the retail delivered price suggested by the manufacturer

for each accessory or item of optional equipment, physically

attached to such automobile at the time of its delivery to such

dealer, which is not included within the price of such

automobile as stated pursuant to paragraph (1);

(3) the amount charged, if any, to such dealer for the

transportation of such automobile to the location at which it

is delivered to such dealer;

(4) the total of the amounts specified pursuant to paragraphs

(1), (2), and (3).

-SOURCE-

(Pub. L. 85-506, Sec. 3, July 7, 1958, 72 Stat. 326.)

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SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1233 of this title; title

49 sections 32304, 32908.

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15 USC Sec. 1232a 01/06/03

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TITLE 15 - COMMERCE AND TRADE

CHAPTER 28 - DISCLOSURE OF AUTOMOBILE INFORMATION

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Sec. 1232a. Repealed. Pub. L. 92-178, title IV, Sec. 401(g)(7)(A),

Dec. 10, 1971, 85 Stat. 534

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Section, Pub. L. 91-614, title III, Sec. 304, Dec. 31, 1970, 84

Stat. 1845, related to Federal manufacturers excise tax on labels

and provided for violations and penalties. It was not a part of

the Automobile Information Disclosure Act, which comprises this

chapter generally.

EFFECTIVE DATE OF REPEAL

Section 401(g)(7)(B) of Pub. L. 92-178 provided that:

''Subparagraph (A) (repealing this section) shall apply to acts (or

failures to act) after the date of the enactment of this Act (Dec.

10, 1971).''

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15 USC Sec. 1233 01/06/03

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TITLE 15 - COMMERCE AND TRADE

CHAPTER 28 - DISCLOSURE OF AUTOMOBILE INFORMATION

-HEAD-

Sec. 1233. Violations and penalties

-STATUTE-

(a) Failure to affix required label

Any manufacturer of automobiles distributed in commerce who

willfully fails to affix to any new automobile manufactured or

imported by him the label required by section 1232 of this title

shall be fined not more than $1,000. Such failure with respect to

each automobile shall constitute a separate offense.

(b) Failure to endorse required label

Any manufacturer of automobiles distributed in commerce who

willfully fails to endorse clearly, distinctly and legibly any

label as required by section 1232 of this title, or who makes a

false endorsement of any such label, shall be fined not more than

$1,000. Such failure or false endorsement with respect to each

automobile shall constitute a separate offense.

(c) Removal, alteration, or illegibility of required label

Any person who willfully removes, alters, or renders illegible

any label affixed to a new automobile pursuant to section 1232 of

this title, or any endorsement thereon, prior to the time that such

automobile is delivered to the actual custody and possession of the

ultimate purchaser of such new automobile, except where the

manufacturer relabels the automobile in the event the same is

rerouted, repurchased, or reacquired by the manufacturer of such

automobile, shall be fined not more than $1,000, or imprisoned not

more than one year, or both. Such removal, alteration, or

rendering illegible with respect to each automobile shall

constitute a separate offense.

-SOURCE-

(Pub. L. 85-506, Sec. 4, July 7, 1958, 72 Stat. 326.)

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