UNITED STATES OF AMERICA
FEDERAL TRADE COMMISSION
WASHINGTON, D.C. 20580

Division of Enforcement
Bureau of Consumer Protection
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Mr. Kenneth J. Fehlig
Lincoln Automotive
One Lincoln Way
St. Louis, Missouri 63120-1578

Re: Lincoln Automotive, File No. 982 3580

Dear Mr. Fehlig:

The Division of Enforcement staff has conducted an investigation involving an allegation that Lincoln Automotive ("Lincoln") violated the Federal Trade Commission's "all or virtually all" standard for domestic country of origin claims and Section 5 of the Federal Trade Commission Act.

Staff received a complaint alleging that, although the packaging for Lincoln's Pro-Arc's White Lightning Aluminum Job Pack (aluminum electrodes) included an "All American Made in USA" logo, the product is actually manufactured in Europe. Your company has informed staff that it neither manufactured nor packaged this product, but "sourced" it as a private labeled product. Your company states that your source informed you that all electrodes sold to Lincoln (all of which were sold in packages with a "Made in USA" claim) should have been filled from its inventory of electrodes manufactured in the United States. It noted, however, that it is possible that in fulfilling your order, electrodes could have been taken from the incorrect inventory. Your source has assured you that it has taken appropriate steps to ensure that this mistake will not be repeated.

The staff has concluded that no further action is warranted by the Commission at this time. Accordingly, the investigation has been closed. This action is not to be construed as a determination that a violation may not have occurred, just as the pendency of an investigation should not be construed as a determination that a violation has occurred. The Commission reserves the right to take such further action as the public interest may require.

Sincerely,

Elaine D. Kolish
Associate Director