FTC Challenges Company’s Made in USA Claims

The U.S. Federal Trade Commission has filed suit alleging that Chemence, Inc., falsely claimed that certain of its glue products were "Made in the USA" – or even "Proudly Made in the USA."

CPSC Employees Can Participate in Voluntary Standards Activities

The United States Consumer Product Safety Commission ("Commission" or "CPSC") has issued a final rule to amend the existing regulation on Commission participation and employee involvement in voluntary standards activities. Currently, Commission rules allow employees to participate in voluntary standard development groups on a non-voting basis and do not allow Commission employees to accept leadership positions in voluntary standard development groups. This final rule removes these restrictions and allows Commission employees to participate as voting members and to accept leadership positions in voluntary standard development groups, subject to prior approval by CPSC's Office of the Executive Director ("OEX").

The Refund of Duties Paid on Imports of Certain Wool Products

On February 1, 2016, the U.S. Dept. of Agriculture Foreign Agriculture Service published in the Federal Register (81 FR 5093) The Refund of Duties Paid on Imports of Certain Wool Products.

The Foreign Agricultural Service (FAS) announces that it will accept affidavits from individuals or firms to substantiate eligibility for distributions from the Refund of Duties Paid on Imports of Certain Wool Products program (the Refund program) authorized under Section 12315 of the Agricultural Act of 2014 (Pub. L. 113-79) (the Act). For calendar year 2016 distributions, affidavits must be electronically filed with FAS no later than March 1, 2016.

For assistance is applying for a wool refund, contact David Trumbull, principal, Agathon Associates, at david@agathonassociates.com.

Legally Verified Text of the Trans-Pacific Partnership Has Been Released to the Public

The legally verified text of the Trans-Pacific Partnership (TPP) was released on 26 January 2016 and can be accessed by chapter below. (This supersedes the version of the TPP text that was initially released by TPP Parties on 5 November 2015.) The Agreement will be translated into French and Spanish language versions, and released on this website.

Tristar Products Recalls AquaRug Shower Rugs Due to Fall Hazard

Recall Details

Units: About 1.4 million (in addition 70,000 rugs were sold in Canada)

Description: This recall involves Aqua Rugs with four plastic suction cups. The rugs are intended to provide a slip-resistant surface in the shower or bathtub. The rugs were sold in beige and clear, and in two sizes: 29.5 inches by 17.25 inches for use in the bathtub, and 21.75 inches by 19.75 inches for use in a shower stall. The rugs have a plastic border and only four plastic suction cups, one affixed to the underside of each corner of the rug. “AquaRug” and “As Seen On TV” are printed on the front of the cardboard packaging.

Incidents/Injuries: Tristar has received 60 reports of consumers falling in the shower or bathtub while on the recalled four suction cup rugs, including 30 reports of injuries such as bruises, cuts, and fractured or broken bones.

Remedy: Consumers should immediately stop using the recalled shower rugs and contact Tristar for instructions on how to dispose of the rugs and to obtain a free replacement rug.

Sold at Bed Bath & Beyond, Dollar General and other retail stores nationwide, online at Amazon.com and BuyAquaRug.com, by Tristar through direct response television commercials, and through a live television show on QVC, from July 2012 to September 2015 for between $18 and $28.

Importer(s): Tristar Products Inc., of Fairfield, N.J.

Manufactured in China.

Tariff Classification of Flocked Doormat

In a January 16, 2016, Binding Ruling Letter (N271510) U.S. Customs and Border Protection stated the tariff classification of a flocked doormat is 5705.00.2030, Harmonized Tariff Schedule of the United States ("HTSUS"), which provides for "Other carpets and other textile floor coverings, whether or not made up: Other: Of man-made fibers." The rate of duty will be 3.3 percent ad valorem.

The doormat, which is imported from China by Big Lots Stores Inc. contains a fibrous top surface created by a 100 percent polyester flock and a crumb rubber base. The mat will measure 18 x 30 inches. It will be available in three styles. All of the mats include the word "Welcome" along with either a flower and brick design, pebble design, or large flower design.

The importer suggested classification of the subject doormats under subheading 4016.91, HTSUS, which provides for floor coverings and mats of vulcanized rubber. Were that correct the rate of duty would be 2.7%. The importer opined that as the rubber comprises the bulk of the mat's constituent material, it should be considered to impart the essential character to product. They cited New York Ruling Letter ("NYRL") 817629, dated January 11, 1996, which covered a doormat constructed of rubber and nylon flocking material, to support your position. However, the doormat covered by NYRL 817629 differs from the product at issue. The surface of this product is covered entirely by a layer of polyester flock, whereas only a portion of doormat's surface in NYRL 817629 was covered by flock. Additionally, the General Harmonized System Explanatory Notes to Chapter 40 states that the classification of rubber and textile combinations is essentially governed by Note 1(ij) to Section XI, Note 3 to Chapter 56, and Note 4 to Chapter 59, and indicates that the following products are covered by Chapter 40:

Felt impregnated, coated, covered or laminated with rubber, containing 50% or less by weight of textile material, and felt completely embedded in rubber; Nonwovens, either completely embedded in rubber or entirely coated or covered on both sides with such material, provided that such coating or covering can be seen with the naked eye with no account being taken of any resulting change of color; Textile fabrics (as defined in Note 1 to Chapter 59) impregnated, coated, covered or laminated with rubber, weighing more than 1,500 g/m2 and containing 50% or less by weight of textile material; Plates, sheets or strip of cellular rubber, combined with textile fabrics (as defined in Note 1 to Chapter 59), felt or nonwovens, where the textile is present merely for reinforcing purposes.

The doormat at issue, consisting of a layer of polyester flock adhered to a base of rubber, does not meet any of the criteria listed above as flock is a textile material, but not a textile fabric. As a result, the article cannot be classified in heading 4016.

Chapter 57, Note 1 states that the term "carpets and other textile floor coverings" means floor coverings in which textile materials serve as the exposed surface of the article when in use. As the top surface of the doormat is made from a textile flock material the item will be classified under heading 5705, HTSUS, as "other carpets and other textile floor coverings, whether or not made up." The applicable subheading for Article 810299732 will be 5705.00.2030, HTSUS, which provides for "Other carpets and other textile floor coverings, whether or not made up: Other: Of man-made fibers." The rate of duty will be 3.3 percent ad valorem.

Two Free TPP Webinars Tomorrow

The U.S. Department of Commerce Office of Textiles and Apparel is offing two free webinars on the Trans-Pacific Partnership free trade agreement--

• Trans-Pacific Partnership (TPP) Agreement Textile and Apparel Rules of Origin, Tuesday, January 26, 2016 at 1:30 pm EST (Note the PDF says January 19th, but the webinar has been rescheduled to January 26th.

• Trans-Pacific Partnership (TPP) Agreement Textile and Apparel Market Access Commitments, Tuesday, January 26, 2016 at 2:30 pm EST

There is no cost to participate, but advance registration is required.

For more information, please contact Maria D’Andrea at (202) 482-1550 or Richard Stetson at (202) 482-2582.