Sunday, December 28, 2014

Government Seeks Comments Regarding Foreign Intellectual Property Violations

One December 29, 2014, the Office of the United States Trade Representative published in the Federal Register (79 FR 78133) Request for written submissions from the public and announcement of public hearing.

SUMMARY: Section 182 of the Trade Act of 1974 (Trade Act) (19 U.S.C. 2242) requires the United States Trade Representative (Trade Representative) to identify countries that deny adequate and effective protection of intellectual property rights ("IPR") or deny fair and equitable market access to U.S. persons who rely on intellectual property protection. The provisions of Section 182 are commonly referred to as the ``Special 301'' provisions of the Trade Act. The Trade Act requires the Trade Representative to determine which, if any, of these countries to identify as Priority Foreign Countries. Acts, policies, or practices that are the basis of a country's identification as a Priority Foreign Country can be subject to the procedures set out in sections 301-305 of the Trade Act.

In addition, the Office of the United States Trade Representative ("USTR") has created a ``Priority Watch List'' and ``Watch List'' to assist the Administration in pursuing the goals of the Special 301 provisions. Placement of a trading partner on the Priority Watch List or Watch List indicates that particular problems exist in that country with respect to IPR protection, enforcement, or market access for persons that rely on intellectual property protection. Trading partners placed on the Priority Watch List are the focus of increased bilateral attention concerning the problem areas.

USTR is hereby requesting written submissions from the public concerning foreign countries that deny adequate and effective protection of intellectual property rights or deny fair and equitable market access to U.S. persons who rely on intellectual property protection. USTR requests that interested parties provide the information described below in the ``Public Comments'' section, and identify whether a particular trading partner should be named as a Priority Foreign Country under Section 182 of the Trade Act or placed on the Priority Watch List or Watch List. Foreign governments that have been identified in previous Special 301 Reports or that are nominated for review in 2015 are considered interested parties, and are invited to respond to this request for public submissions. Interested parties, including foreign governments, wishing to submit information to be considered during the review or testify at the public hearing must adhere to the procedures and deadlines set forth below.

Dates/Deadlines: The schedule and deadlines for the 2015 Special 301 review are as follows:

Friday, February 6, 2015--Deadline for interested parties, except foreign governments, to submit written comments, notice of intent to testify at the Special 301 Public Hearing, and hearing statements.

Friday, February 13, 2015--Deadline for foreign governments to submit written comments, notice of intent to testify at the Special 301 Public Hearing, and, although not mandatory, any prepared hearing statements.

Tuesday, February 24, 2015--Public Hearing--The Special 301 Subcommittee will hold a Public Hearing for interested parties, including representatives of foreign governments, at the offices of the International Trade Commission.

Friday, February 27, 2015_Deadline for submitting post-hearing written comments. Interested parties may provide written comments after the hearing. To ensure consideration, comments must be received no later than Friday, February 27, 2015.

On or about April 30, 2015--USTR will publish the 2015 Special 301 Report within 30 days of the publication of the National Trade Estimate ("NTE") Report.

EPA Isues New Regulations Regarding Certain Textile Dyes

On December 29, 2014, the Environmental Protection Agency published in the Federal Register (79 FR 77891 Benzidine-Based Chemical Substances; Di-n-pentyl Phthalate (DnPP); and Alkanes, C12-13, Chloro; Significant New Use Rule.
EPA is concerned about potential carcinogenic effects on workers and consumers from the manufacture, processing, or use of these substances. Consumers exposed via dermal exposure to consumer products containing the benzidine-based chemical substances are a particular concern because enzymes present in the human body and in bacteria on the skin aid in the reduction of these chemical substances to the benzidine unit, an established human carcinogen. The main consumer products that could result in dermal exposure if containing these chemical substances include textiles and leather products because they are in prolonged contact with human skin.

Certain 100% Polyester Composite Laminated Fabric Added to DR-CAFTA Short Supply List

The Committee for the Implementation of Textile Agreements ("CITA") has determined that certain 100% polyester composite laminated fabric, as specified below, is not available in commercial quantities in a timely manner in the CAFTA-DR countries. The product will be added to the list in Annex 3.25 ("Short Supply List") of the CAFTA-DR Agreement in unrestricted quantities.

On November 18, 2014, the Chairman of CITA received a request for a Commercial Availability determination from Sandler, Travis and Rosenberg, P.A. on behalf of VF Corp. for certain 100% polyester composite laminated fabric, as specified below.

Specifications: Certain 100% Polyester Composite Laminated Fabric
Fabric Type: Composite fabric consisting of a 3-layered fleece/shell construction, woven outer layer and brushed inner layer, bonded with a PU membrane
HTS: 6001.22
Woven Face Fabric:
Fiber Content: 100% Polyester
Yarn Size (single ply, warp and filling):
Textured polyester: 323.0 to 343.0 decitex/144 F (31.0 to 29.0 Nm/144 F) (291 to 309 denier/144 F)
Thread Count: 57-61 warp ends per inch by 55-59 filling picks per inch; 22-24 warp ends per centimeter by 21-23 filling picks per centimeter
Weave type: Plain weave
Weight: 156.8 g/m\2\ to 204.8 g/m\2\ (4.6 to 6.0 oz./yd\2\)
Finish: Woven face--piece dyed and/or printed; Woven back--piece dyed
Circular Double Knit Fleece Back Pile Fabric:
Fiber content: 100% polyester
Yarn Size (single ply): 81.0 to 86.0 decitex (73.0 to 78.0 Denier) (124.0 to 116.0 Nm)
Weave type: circular double knit looped pile
Weight: 157.1 to 173.2 g/m\2\ (4.6 to 5.1 oz./yd\2\)
Finish: Knit face--piece dyed; Knit back--piece dyed
Composite fabric:
Weight: 355.3 to 405.4 g/m\2\ (10.5 to 12.0 oz./yd\2\)
Width: 130 cm wide (51.18 inches)
Finish: Full contact bonding
Properties:
Windproof: ASTM D737--Initial <= 1.0 cfm--3x Wash <= 1.0 cfm
Durable Water Resistant: AATCC 22--Initial >= 90 Points--10x Wash >= 70 Points
High Light Fastness: AATCC 16 Opt 3--Class 3.0 @ 40 Hours AFU
Low Range Hydrostatic: JIS1092-Initial 20,000 mm--3x Wash 20,000 mm;
AATCC127-Initial 20,000 mm-3x Wash 20,000 mm
Water Vapour Permeability: JIS 1099--Initial 20,000 g/m\2\/24hr-3x Wash 20,000 g/m\2\/24hr
Water Vapour Transmission: ASTM E96 B--Initial 500 g/m\2\/24hr-3x Wash 500 g/m\2\/24hr

Remarks: Ranges above allow for a variance of up to five percent for fabric weight, thread count and three percent for yarn size.

Note: The yarn size designations describe a range of yarn specifications for yarn before knitting, dyeing and finishing of the fabric. They are intended as specifications to be followed by the mill in sourcing yarn used to produce the fabric.

Dyeing, finishing and knitting can alter the characteristic of the yarn as it appears in the finished fabric. This specification therefore includes yarns appearing in the finished fabric as finer or coarser than the designated yarn sizes provided that the variation occurs after processing of the greige yarn and production of the fabric. The specifications for the fabric apply to the fabric itself prior to cutting and sewing of the finished garment. Such processing may alter the measurements.

Wednesday, December 24, 2014

Counterfeit Designer Merchandise Seized by CBP

Operation ‘Bad Gifts’ was conducted at the John F. Kennedy International Mail Facility from December 2nd through December 4th, 2014. Customs and Border Protection ("CBP") officers, technicians, Import Specialists and International Trade Specialists assigned to the CBP Mobile Intellectual Property Enforcement Team, all participated in the operation.

CBP officers and Import Specialists made 203 seizures of counterfeit sneakers, handbags, watches and sunglasses with Louis Vuitton, Gucci, Michael Kors, Chanel and Coach trademarks in violation of federal anti-counterfeiting laws... ...READ MORE HERE

Foreign Agriculture Service Seeks Comments Regarding Wool Trust Fund

On December 24, 2014, the Department of Agriculture Foreign Agricultural Service published in the Federal Register (79 FR 77443) Notice of Request for Approval of a New Information Collection. Comments on this notice must be received by February 23, 2015 to be assured of consideration.
This information collection is required for affidavits submitted to FAS for claims against the Agriculture Wool Apparel Manufacturers Trust Fund. Claimants of the Agriculture Wool Apparel Manufacturers Trust Fund will be required to submit electronically a notarized affidavit and information pertaining to the production of worsted wool suits, suittype jackets, or trousers for boys and men; or the weaving of wool yarn, wool fiber, or wool top to request a distribution from the Agriculture Wool Apparel Manufacturers Trust Fund electronically to FAS and will be available on the FAS Web site under the Agriculture Wool Apparel Manufacturers Trust Fund section.

Friday, December 19, 2014

EPA Introduces New Restrictions on Certain Textile Dyes

The U.S. Environmental Protection Agency is issuing a Significant New Use Rule, also known as a SNUR, under the Toxic Substances Control Act ("TSCA"). This SNUR requires manufacturers (including importers) and processors of nine benzidene-based chemical substances used in textiles, paints and inks to notify EPA at least 90 days before starting or resuming new uses of these chemicals in any products, except for use certain limited laboratory uses. This notification allows EPA the opportunity to evaluate the intended use and, if necessary, to prohibit or limit that activity.

This SNUR amends a preexisting SNUR by adding the following nine chemical substances:

  1. 1,3-Naphthalenedisulfonic acid, 7-hydroxy-8-[2-[4'-[2-(4-hydroxyphenyl)diazenyl][1,1'- biphenyl]-4-yl]diazenyl]-
  2. 1,3,6-Naphthalenetrisulfonic acid, 8-hydroxy-7-[2-[4'-[2-(2-hydroxy-1-naphthalenyl)diazenyl][1,1'-biphenyl]-4-yl]diazenyl]-, lithium salt (1:3)
  3. 2,7-Naphthalenedisulfonic acid, 5-amino-3- [2-[4'-[2-(7-amino-1-hydroxy-3-sulfo-2- naphthalenyl)diazenyl][1,1'-biphenyl]-4- yl]diazenyl]-4-hydroxy-, sodium salt (1:2)
  4. 2,7-Naphthalenedisulfonic acid, 4-amino-5-hydroxy-3-[2-[4'-[2-[2-hydroxy-4-[(2- methylphenyl)amino] phenyl]diazenyl][1,1'- biphenyl]-4-yl]diazenyl]-6-(2- phenyldiazenyl)-
  5. 2,7-Naphthalenedisulfonic acid, 4-amino-5- hydroxy [[[(substituted phenylamino)] substituted phenylazo] diphenyl]azo-, phenylazo-, disodium salt. (generic name)
  6. 4-(Substituted naphthalenyl)azo diphenylyl azo-substituted carbopolycycle azo benzenesulfonic acid, sodium salt. (generic name)
  7. 4-(Substituted phenyl)azo biphenylyl azo- substituted carbopolycycloazo benzenesulfonic acid, sodium salt. (generic name)
  8. 4-(Substituted phenyl)azo biphenylyl azo - substituted carbopolycycle azo benzenesulfonic acid, sodium salt. (generic name)
  9. Phenylazoaminohydroxynaphthalenylazobiphenylazo substituted benzene sodium sulfonate. (generic name)

To read more from the EPA CLICK HERE.

BRP Recalls Ski-Doo and Can-Am Kids’ Hoodies Due to Strangulation Hazard

This recall involves 14 styles of Ski-Doo or Can-Am kids’ hooded sweatshirts for boys and girls. They were sold in kids’ sizes 2 through 12. The hoodies are cotton/polyester blend.
There is a drawstring in the hood of the garment. Colors include raspberry, yellow, heather, charcoal gray and black. “Ski Doo” or “Can-Am” is printed on the front. Recalled style numbers include: 286485, 453215, 453265, 453320, 453321, 453375, 453376, 453464, 453618, 453658, 453660, 453661, 453707 and 453708. The style numbers indicating the different graphic treatments are printed on the white care label that is sewn into the neck and side of the garment.

Units: About 3,100 in the U.S. and 5,100 in Canada

Incidents/Injuries: None reported.

Remedy: Consumers should immediately take the hoodie away from kids and remove the drawstring from the sweatshirt to eliminate the hazard or return it to an authorized BRP dealer for a full refund.

Sold at: BRP authorized dealerships nationwide and in the BRP online stores at www.can-am.brp.com and www.ski-doo.com from April 2007 through December 2014 for between $40 and $65.

Distributor(s): BRP U.S. Inc., of Sturtevant, Wis.

Manufactured in China

Catching Up

This week I will focus on issued patents.  Below is a summary of selected patents that have been recently issued in textile related classification codes:

Method and device for yarn braking especially at renewal of spinning in a working position of an air jet spinning machine:  The method and corresponding yarn braking device comprising a vacuum tube into which the end of the yarn is sucked in before commencement of braking. At drawing off from the vacuum tube, the yarn is braked between the braking surfaces of a stationary brake friction member and a moving brake friction member.  Patent:  8726624.  Inventor:  Stephan and Burysek.  Assignee:  Maschinenfabrik Rieter Ag.

Apparel with inflatable neck cushion:  A neck supporting piece of apparel, such as a scarf, which includes an inflatable bladder in a neck portion and a tube coupled to the bladder and extending downward to a port easily accessible by the user while wearing the apparel in order to inflate and deflate the bladder.  The bladder serves as a neck cushion or pillow. While the neck portion may be configured to go behind the user's neck, the apparel also may include a connector to join the apparel together in front of the user, helping to keep the cushion formed around the user's neck. In addition, the scarf may include pockets at a position generally where the user's hands would lie when sitting or standing, such that tensioning the scarf with the user's arms may increase the cushioning effect of the pillow.  Patent:  8726421.  Inventor:  Alvarez.  Not Assigned.

Protective garments having elastomeric gaskets along margins to inhibit ingress of potentially harmful materials:  For emergency rescue workers, a protective trousers and a protective coat are provided with elastomeric gaskets, such as neoprene gaskets, one of which lines an inside surface of each leg of the protective trousers and is adapted to be snugly stretched around a protective boot.  Another lines an inside surface of each arm of the protective coat and is snugly stretched around a protective glove.  Another of which lines an inside surface and is snugly stretched around the protective trousers.  Patent:  8726415.  Inventor:  Grilliot and Grilliot.  Assignee:  Morning Pride Manufacturing LLC.

Legging which enhances the appearance of a user's leg:  A leg covering enhances aesthetic appearance of disproportionate musculature and provides a natural look for medical prosthetics. The leg covering comprises a padding fixed to the leg covering, where the padding further comprises a contoured shape, such that the padding can be affixed on a user's leg. The padding comprises three layers and a contoured shape in order to model curvature of a natural calf muscle and to provide the lifelike and appealing appearance.  Patent:  8726422.  Inventor:  Pirela and Pirela-Cruz.  Not assigned.

Lab coat article and method:  A lab coat with left and right lapels having outside edges which are stitched to the body of the lab coat and can be used by a medical professional while wearing a stethoscope so that the stethoscope does not interfere with the lapels. Patent:  8716416.  Inventor:  Roblejo.  Not assigned.

Brassiere with inflation /deflation assembly:  A brassiere with breast cups including at least one inflatable air envelope which receives air from at least one air pump.  Patent:  8727830.  Inventor:  Fleeton.  Assignee: 

Adjustable glove:  A glove for use by a soccer goalie includes several adjustment mechanisms, such as straps. The straps allow the glove to be adjusted for fit, such as by manipulating the width of the glove across the palm or the size of the wrist opening. Additionally, the glove includes a pull tab that allows the wearer to adjust the position of the fingers of the hand within the glove quickly so that the webs of the fingers remain in contact with the inside of the glove at the bases of the finger stalls.  Patent:  8726418.  Inventor:  DeBlasis and Smith.  Assignee:  Nike, Inc.

Textile digital band and fabricating method thereof:  A textile digital band which is capable of providing a high-speed communication path with surrounding computing devices that can be easily and conveniently attached to conventional garments. The band comprises a plurality of warps and a plurality of wefts formed lel to each other in the second direction perpendicular to the first direction, wherein the warp includes at least one digital yarn through which electrical currents can flow.  Patent:  8728959.  Inventor:  Chung, et.al.  Assignee:  Korea Institute of Industrial Technology.

Method of making a knit apparel with a tie dyed appearance and an apparel made by the method:  A knit apparel is made using a decorating pattern that is generated to give the apparel the appearance of tie dyed apparel. The decorating pattern includes a main element, a secondary element and intermediate zones have the same color but gradually lighter shades as the main element.  Patent:  8726701.  Inventor:  Habert.  Assignee:  The Moret Group.

Compositions and methods for providing a benefit:  Compositions and methods useful for color rejuvenation and/or color maintenance for fabrics are disclosed. The disclosed compositions contain at least one cationic polymer. The methods include providing the disclosed compositions in combination with a source of anionic surfactant. Unit dose and multi-compartment systems are also disclosed.  Patent:  8728172.  Inventor:  Corona, et.al.  Assignee:  The Procter & Gamble Company

Circular knitting machine for men's socks, of the type with needles on the dial:  A single cylinder circular knitting machine for men's socks with needles on the dial, which form radial seats for the sliding of the dial needles. The beam has a discharge groove on the working side, which the transfer spring of the dial needle faces, which limits the raising of the needle.  Patent:  8726699.  Inventor:  Lonati, et.al.  Assignee:  Santoni S.P.A.


Jim Carson is a principal of RB Consulting, Inc. and a registered patent agent.  He has over 30 years of experience across multiple industries including the biotechnology, textile, computer, telecommunications, and energy sectors.  RB Consulting, Inc. specializes in providing management, prototyping, and regulatory services to small and start-up businesses.  He can be reached via email at James.Carson.Jr@gmail.com or by phone at (803) 792-2183.


Thursday, December 18, 2014

Wet Processing of Textiles with Spandex: Best Practices Conference

The American Association of Textile Chemists and Colorists ("AATCC") will conduct a conference titled Wet Processing of Textiles with Spandex: Best Practices on February 11-12, 2015 at the Textile Technology Center on the Kimbrell Campus of Gaston College located at 7220 Wilkinson Blvd. in Belmont, NC. The program will address “best processing practices” and cover wet processing of the major fibers with spandex, fabric innovation, the importance of spandex blends in apparel, physical and colorfastness testing, retailer/brand perspectives and an open discussion on “real world” challenges of processing

As an added bonus attendees will tour the Textile Technology Center and learn how the center partners with industry for training, testing and product development.

Complete program details and registration information can be found on AATCC’s website.

Register by January 27 to take advantage of the early bird discount.

Reminder, Removal of Certain Ring Spun Single Yarns of Micro Modal Fibers from CAFTA Annex 3.25 – effective January 15, 2015

On July 18, 2014, the Committee on the Implementation of Textile Agreements published a notice in the Federal Register of its approval of a Request to Remove certain ring spun single yarns, of English number 30 and higher, or 0.9 denier or finer micro modal fibers, classified in subheading 5510.11.0000 of the HTSUS, from Annex 3.25 ("Short Supply List"). In accordance with the commercial availability provision of the CAFTA and CITA’s procedures, as of January 15, 2015, entries of apparel or fabrics containing the subject yarns will not be eligible for duty-free treatment.

Gildan Applies for FTZ Relating to Yarn Production

On December 18, 2014, the Foreign Trade Zone Board published in the Federal Register (79 FR 75532) Foreign-Trade Zone (FTZ) 57--Charlotte, North Carolina Notification of Proposed Export Production Activity Gildan Yarns, LLC (Cotton, Cotton/Polyester Yarns) Salisbury, North Carolina

The Charlotte Regional Partnership, Inc., grantee of FTZ 57, submitted a notification of proposed export production activity to the FTZ Board on behalf of Gildan Yarns, LLC (Gildan), located in Salisbury, North Carolina. The notification conforming to the requirements of the regulations of the FTZ Board (15 CFR 400.22) was received on December 8, 2014.

The Gildan facility is located within Site 19 of FTZ 57. The activity at the facility would involve the production of spun cotton and cotton/polyester yarns for export (no shipments for U.S. consumption would occur). Pursuant to 15 CFR 400.14(b), FTZ activity would be limited to the specific foreign-status materials and components and specific finished products described in the submitted notification (as described below) and subsequently authorized by the FTZ Board.

Production under FTZ procedures could exempt Gildan from customs duty payments on the foreign status material used in export production. The sole foreign-origin material to be used in the export production is polyester staple fiber (duty rate: 4.3%). Customs duties also could possibly be deferred or reduced on foreign status production equipment or the foreign material scrapped or destroyed under U.S. Customs and Border Protection procedures.

Public comment is invited from interested parties. Submissions shall be addressed to the FTZ Board's Executive Secretary at the address below. The closing period for their receipt is January 27, 2015.

Customs Post Two Job Openings

U.S. Customs and Border Protection ("CBP") has announced two Senior Executive Service ("SES") opportunities within CBP’s Office of International Trade ("OT").

1. Executive Director, Automated Commercial Environment ("ACE") Business Office and

2. Executive Director, Regulations and Rulings ("RR").

These job announcements, with additional details are now posted on USAJobs and have a closing date of January 9, 2015.

The Executive Director, ACE Business Office is responsible for leading the planning and development of automated systems at CBP that will be used by the U.S. Government and trading community. These automated systems are instrumental in allowing CBP to achieve its strategic goals and objectives related to the enforcement, analysis, and trade policy requirements of CBP, other Government agencies, and the private sector. They will be the principal representative and consultant for the ACE Program at interagency and international meetings and will be responsible for communicating to all stakeholders the benefits and impact of the ACE Program. You may view the announcement on USAJOBS at https://www.usajobs.gov/GetJob/ViewDetails/389116300.

The Executive Director, Regulations and Rulings, is responsible for developing and implementing regulations and rules to enforce laws enacted by Congress. Regulations and Rulings provides administrative decisions on appeals to penalties or sanctions imposed as a result of violations of customs laws or regulations. They are responsible for directing key programs related to Regulations and Disclosure Law, Commercial Trade and Facilitation, and Border Security and Trade Compliance. Additional responsibilities include the oversight of the development of agency guidelines and procedures for administering laws and regulations pertaining to the importation of goods and merchandise into the commerce of the United States. They will also be responsible for the development of a national approach for achieving informed compliance with importers, brokers, and others engaged in international trade. You may view the announcement on USAJOBS at https://www.usajobs.gov/GetJob/ViewDetails/388895400.

The Manufacturing and International Trade Report

On December 18, 2014, the U.S. Census Bureau released the 2012 Manufacturing and International Trade Report ("MITR"). This new annual report contains manufacturing data on the value of product shipments. The data are published on a North American Industry Classification System ("NAICS") basis from the 2012 Economic Census Industry Series. The MITR also includes official U.S. export and import merchandise trade statistics.

NAICS Based Product Code Description Value of Product Shipments Total Export Value of Goods Domestic Export Value of Goods General Import Value of Goods Consumption Import Value of Goods
313110 Fiber, yarn, and thread mill products 7,675,093 2,109,582 2,076,517 770,508 769,976
3131101 Yarns, spun, carded, cotton 2,100,729 1,028,532 1,026,185 90,113 89,979
3131103 Yarns, spun, combed, cotton 228,086 297,659 296,670 69,777 69,777
3131105 Yarns, spun, rayon, acetate, and lyocell 35,311 N N N N
3131107 Yarns, spun, noncellulosic fiber and other natural fibers 1,795,759 482,855 468,423 371,191 371,138
3131109 Yarns, wool, including new, reused, and reprocessed 119,637 8,598 8,207 77,364 77,363
313110B Scouring and combing mill products D 12,990 11,709 47,469 47,469
313110D Yarns, novelty and plied, excluding wool, not spun or thrown at the same establishment 126,015 N N N N
313110F Yarns, thrown, filament, excluding textured (report yarns that are both thrown and textured as texture yarns) 408,620 N N N N
313110H Yarns, textured, crimped, and bulked, filament, including stretch, made from purchased filament yarn 2,465,713 N N N N
313110J Yarns, filament, commission receipts for throwing, texturing, or winding 48,763 N N N N
313110L Thread mills 205,540 123,575 116,955 55,635 55,635
313110W Fiber, yarn, and thread mill products, nsk, total D N N N N
313110X Undistributed fiber, yarn, and thread mill products N 155,373 148,368 58,958 58,614
313210 Broadwoven fabric mill products 4,198,705 2,074,003 1,910,693 3,111,639 3,116,296
3132101 Broadwoven fabrics, cotton, plain weave (excluding pile), gray goods 139,799 14,629 12,519 54,546 54,546
3132103 Broadwoven fabrics, cotton, twill weave (excluding pile), gray goods 283,466 6,679 6,161 20,147 20,147
3132105 Broadwoven fabrics, cotton, all other weaves (excluding plain, twill, or pile), gray goods 99,126 N N 25,322 25,322
3132107 Broadwoven fabrics, cotton, pile, gray goods D N N N N
3132109 Broadwoven fabrics, cotton, finished in weaving mills 231,640 562,204 526,670 624,184 623,272
313210D Fabricated textile products, made in weaving mills 176,827 N N 38,311 38,496
313210E Broadwoven fabrics, manmade fiber, 85 percent or more filament yarns (chiefly rayon, acetate, and/or lyocell), gray goods 93,023 N N 2,411 2,411
313210G Broadwoven fabrics, manmade fiber, 85 percent or more filament yarns (excluding rayon, acetate, and lyocell), gray goods 952,583 N N N N
313210H Broadwoven fabrics, manmade fiber, plain weave (excluding pile), 85 percent or more spun yarns (excluding wool blends), gray goods 319,035 N N 2,202 2,202
313210J Broadwoven fabrics, manmade fiber, twill weave (excluding pile), 85 percent or more spun yarns (excluding wool blends), gray goods 187,367 N N 1,531 1,531
313210L Broadwoven fabrics, manmade fiber, all other weaves (excluding plain, twill, and pile), 85 percent or more spun yarn (excluding wool blends), gray goods 151,792 N N N N
313210M Broadwoven fabrics, manmade and natural fibers, combinations of spun and filament yarns, each less than 85 percent of total fiber content (excluding wool blends), gray goods 160,812 1,669 1,640 44,201 44,201
313210N Broadwoven fabrics, manmade and natural fibers, including silk (excluding cotton), all other weaves (including pile), gray goods 52,998 3,605 3,187 1,457 1,457
313210P Broadwoven fabrics, manmade and natural fibers, including silk (excluding cotton and wool), finished in weaving mills 1,110,127 168,351 143,039 122,237 120,545
313210T Broadwoven fabrics, wool, gray goods 59,726 N N N N
313210U Broadwoven fabrics, including felts, wool, finished in weaving mills 14,649 N N N N
313210W Broadwoven fabric mill products, nsk, total D N N N N
313210X Undistributed broadwoven fabric mill products N 1,316,866 1,217,476 2,175,091 2,182,166
313220 Narrow fabric mill and Schiffli machine embroidery products 960,279 822,397 744,244 821,645 820,536
3132201 Narrow fabrics (12 inches or less in width), woven 606,421 478,032 447,424 410,115 410,305
3132203 Narrow fabrics (12 inches or less in width), braided 202,945 47,912 44,905 21,951 21,950
3132205 Covered rubber thread, made in narrow fabric mills D 17,032 16,460 10,458 10,216
3132207 Schiffli machine embroideries 61,969 N N N N
313220W Narrow fabric mill and Schiffli machine embroidery products, nsk, total D N N N N
313220X Undistributed narrow fabric mill and schiffli machine embroidery products N 279,421 235,455 379,121 378,064
313230 Nonwoven fabric mill products 7,761,420 2,065,180 1,958,385 1,019,021 1,016,291
3132301 Nonwoven fabrics 6,010,259 1,798,738 1,755,628 957,850 955,138
3132303 Fabricated nonwoven products 1,243,394 169,675 107,668 5,233 5,233
3132305 Pressed, punched, or needled felts (excluding hats) 367,577 96,767 95,089 55,938 55,921
313230W Nonwoven fabric mill products, nsk, total 140,190 N N N N
313240 Knit fabric mill products 1,453,766 1,063,382 1,019,614 1,004,900 997,859
3132401 Weft (circular) knit fabrics, greige goods (excluding hosiery) 133,507 N N N N
3132403 Weft (circular) knit fabrics, knit and finished in the same establishment (excluding hosiery) 565,688 N N N N
3132405 Weft (circular) knit fabrics, nonapparel type, knitting only or knitting and finishing (excluding hosiery) on contract or commission 32,338 N N N N
3132407 Warp knit fabrics, greige goods 135,546 N N N N
3132409 Warp knit fabrics, knit and finished in same establishment 440,575 N N N N
313240B Lace and net goods, all leavers and Nottingham lace machine products, including bobbinets and barmen laces (excluding raschel lace machine products and burned-out laces) 29,962 30,687 28,105 39,499 39,179
313240D Warp knit fabrics, lace and net goods, contract and commission receipts for knitting only or knitting and finishing 34,301 N N N N
313240F Other nonapparel warp knit end products (including knitted towels and washcloths), excluding fabrics, lace, and net goods 15,922 N N N N
313240W Knit fabric mill products, nsk, total 65,927 N N N N
313240X Undistributed knit fabric mill products N 1,032,695 991,509 965,401 958,681
313310 Textile and fabric finishing mill products 4,998,799 N N N N
3133101 Broadwoven fabrics, cotton, finished in finishing mills 747,843 N N N N
3133103 Broadwoven fabrics, cotton, print cloth, job or commission finishing 426,332 N N N N
3133105 Broadwoven fabrics, manmade and natural fibers, including silk (excluding cotton and wool), finished in finishing mills 1,041,411 N N N N
3133107 Broadwoven fabrics, job or commission finishing, all other fabrics (excluding cotton), including combinations of spun yarn and filament, and blends 501,821 N N N N
3133109 Broadwoven fabrics, finished, wool (including felts), not finished in weaving mills 38,496 N N N N
313310B Finished fabrics (excluding broadwoven) and other finished textiles 1,764,444 N N N N
313310W Textile and fabric finishing mill products, nsk, total 478,452 N N N N
313320 Fabric coating mill products 2,582,017 1,178,658 1,091,562 1,047,346 1,046,201
3133201 Vinyl coated fabrics, including expanded vinyl coated 615,413 186,805 161,020 367,740 366,438
3133204 Rubber coated fabrics, garment and footwear 240,508 235,537 218,607 190,982 191,001
3133205 Coated or laminated fabrics and coated yarns, including impregnated fabrics 1,644,781 408,978 375,818 310,617 310,204
313320W Fabric coating mill products, nsk, total 81,315 N N N N
313320X Undistributed fabric coating mill products N 347,339 336,117 178,007 178,558
314110 Carpet and rug mill products 8,965,216 1,105,563 1,056,914 2,042,290 2,030,290
3141101 Carpet and rugs, woven, made or finished at this plant 382,899 76,815 62,473 514,709 509,947
3141103 Carpet and rugs, tufted 8,095,955 917,601 896,672 989,228 981,659
3141105 Other carpet, rugs, and mats 302,452 111,147 97,769 516,818 517,132
314110W Carpet and rug mill products, nsk, total 183,910 N N N N
314110X Undistributed carpet and rug mill products N N N 21,535 21,551
314120 Curtain and linen mill products 3,433,658 733,116 576,149 10,067,377 10,025,896
3141201 Curtains and draperies 714,990 120,094 108,240 652,152 650,186
3141203 Bedspreads, made from purchased materials 104,625 13,552 11,992 73,172 73,543
3141205 Sheets and pillowcases, made from purchased materials 261,432 46,487 25,818 2,372,604 2,363,869
3141207 Towels and washcloths, made from purchased materials 40,142 48,695 33,599 1,987,732 1,973,754
3141209 Other household furnishings, made from purchased materials 2,079,598 280,614 231,563 3,368,168 3,356,821
314120W Curtain and linen mill products, nsk, total 232,871 N N N N
314120X Undistributed curtain and linen mill products N 223,674 164,936 1,613,549 1,607,722
314910 Textile bag and canvas mill products 2,636,050 200,993 176,107 1,783,169 1,775,649
3149101 Textile bags 467,364 89,306 76,370 1,204,825 1,200,505
3149105 Canvas and related products 2,084,965 106,831 95,760 554,228 551,109
314910W Textile bag and canvas mill products, nsk, total 83,721 N N N N
314910X Undistributed textile bag and canvas mill products N 4,856 3,977 24,116 24,035
314994 Rope, cordage, twine, tire cord, and tire fabric mill products 2,091,243 379,280 353,786 1,168,819 1,166,391
3149941 Cordage and twine, hard fiber 73,217 12,353 10,682 67,500 67,500
3149943 Cordage and twine, soft fiber, excluding cotton 605,885 164,758 150,190 430,299 427,888
3149945 Cordage and twine, cotton 16,121 N N 20,666 20,653
3149947 Tire cord and tire fabrics 1,371,900 191,714 183,435 633,302 633,297
314994W Rope, cordage, twine, tire cord, and tire fabric mill products, nsk, total 24,120 N N N N
314994X Undistributed rope, cordage, twine, tire cord, and tire fabric mill products N 10,455 9,479 17,052 17,053
314999 All other miscellaneous textile product mill products 4,258,247 749,570 618,204 2,880,487 2,865,318
3149991 Recovered fibers, processed mill waste and related products 134,127 24,831 24,446 58,706 58,707
3149993 Paddings and upholstery filling, batting, and wadding (excluding foam rubber and plastics) 316,445 120,144 110,116 160,704 159,957
3149996 Embroideries (excluding Schiffli machine products) and embroidery contractors 852,106 8,768 5,992 125,031 125,020
3149997 Trimmings and findings, excluding automobile and apparel 26,004 23,051 21,943 32,216 32,216
3149998 All other miscellaneous fabricated textile products 2,422,941 572,775 455,707 2,503,829 2,489,418
314999W All other miscellaneous textile product mill products, nsk, total 506,624 N N N N
315110 Hosiery and sock mill products 1,096,058 259,286 209,382 2,081,450 2,080,329
3151101 Sheer hosiery, women's, misses', and girls', finished, full-length, knee-length, and below the knee (excluding socks) 72,465 N N N N
3151103 Sheer pantyhose, including tights, women's, misses', and girls', finished, all needles 208,711 77,287 65,634 258,930 258,928
3151105 Sheer hosiery, excluding socks, women's, misses', and girls', shipped in the greige 14,369 N N N N
3151107 Hosiery and socks, men's, finished, sizes 10 and up (excluding sheer) 381,218 N N N N
3151109 Hosiery and socks, all other types, finished (excluding sheer) 290,968 N N 80,158 80,160
315110B Socks and hosiery, excluding sheer, shipped in the greige 91,482 N N N N
315110W Hosiery and sock mill products, nsk, total 36,845 N N N N
315110X Undistributed hosiery and sock mill products N 181,999 143,748 1,742,362 1,741,241
315190 Other apparel knitting mill products 365,087 144,237 102,051 658,542 656,834
3151901 Sweaters, men's and boys', made in knitting mills 12,583 N N N N
3151903 Sweaters, women's, girls', and infants', made in knitting mills 81,618 N N N N
3151905 Shirts, dress and sport (including polo, tank tops, sweat and t-shirts and unisex sweatshirts and t-shirts), knit, men's and boys', made in knitting mills 117,993 N N N N
3151907 Shirts and blouses (including polo, tank tops, sweat and t-shirts), knit, women's, girls', and infants', made in knitting mills 56,829 N N N N
3151909 Outerwear (excluding sweaters, shirts and blouses), knit, made in knitting mills 1,008 N N N N
315190B Contract receipts for knitting only or knitting and finishing knitting mill apparel products, excluding underwear and nightwear 13,202 N N N N
315190D Gloves and mittens, made in knitting mills 20,786 N N N N
315190F Apparel products (excluding outerwear, gloves and mittens, underwear, and nightwear), other types (hats, mufflers, scarves, etc.), made in knitting mills 19,988 144,237 102,051 658,542 656,834
315190H Underwear, nightwear, and robes, men's and boys', knit, made in knitting mills D N N N N
315190J Underwear and nightwear and robes, women's, girls', and infants', knit, made in knitting mills 1,039 N N N N
315190W Other apparel knitting mill products, nsk, total D N N N N
315210 Cut and sew apparel contractors 2,152,212 N N N N
3152101 Contract receipts for men's and boys' (including unisex) tailored suits, coats, jackets, and vests 111,362 N N N N
3152103 Contract receipts for men's and boys' (including unisex) shirts, excluding work shirts 65,147 N N N N
3152105 Contract receipts for men's and boys' underwear and nightwear, including robes 21,511 N N N N
3152107 Contract receipts for men's and boys' (including unisex) sweaters; pants; jeans; shorts; sweatpants; swimwear; service apparel; nontailored coats, jackets, and vests; work apparel; and other outerwear 311,057 N N N N
3152109 Contract receipts for men's and boys', fur goods, leather- and sheep-lined apparel, team sport uniforms, costumes, vestments, hats, gloves, mittens, and all other apparel and apparel accessories 54,283 N N N N
315210B Contract receipts for women's, misses', girls', and infants' shirts and blouses 329,105 N N N N
315210D Contract receipts for women's, girls', and infants' dresses 183,470 N N N N
315210F Contract receipts for women's, girls', and infants' skirts, tailored suits, coats, jackets, and vests 62,858 N N N N
315210H Contract receipts for women's, girls', and infants' nontailored coats, jackets, and vests; pants; shorts; swimwear; sweaters; other outerwear; jeans; sweatpants; coveralls; and ski and work apparel 227,250 N N N N
315210J Contract receipts for women's, girls', and infants' underwear and nightwear, including robes and foundation garments 20,682 N N N N
315210L Contract receipts for women's, girls', and infants' fur goods, leather- and sheep-lined apparel, team sport uniforms, costumes, vestments, hats, gloves, and all other apparel and apparel accessories 45,215 N N N N
315210W Cut and sew apparel contractors, nsk, total 720,272 N N N N
315220 Men's and boys' cut and sew apparel 1,527,322 1,609,562 833,789 28,066,386 27,966,720
3152201 Men's and boys' nightwear, robes, and knit underwear, made from purchased fabrics 116,870 94,759 47,591 2,429,384 2,425,379
3152203 Men's and boys' tailored suits, including dress uniforms (firefighter, military, police, etc.), made from purchased fabrics 182,156 60,846 52,181 603,293 600,194
3152205 Men's and boys' tailored overcoats, topcoats, car and suburban coats (including water-repellent), made from purchased fabrics 14,685 N N N N
3152207 Men's and boys' tailored dress and sport coats and vests, made from purchased fabrics 47,664 17,914 9,480 705,938 704,372
3152209 Men's and boys' (including unisex) knit dress and sport shirts (including polo shirts, tank tops, sweatshirts, and t-shirts), made from purchased fabrics 240,204 182,534 91,366 8,225,173 8,208,802
315220B Men's and boys' woven dress and sport shirts, made from purchased fabrics 125,817 42,277 21,088 3,475,280 3,463,249
315220D Men's and boys' separate dress and sport trousers, pants, and slacks (excluding jeans, jean-cut casual slacks, workpants, and sweatpants), made from purchased fabrics 84,715 N N 3,331,720 3,310,691
315220F Men's and boys' jeans and jean-cut casual slacks, made from purchased fabrics 49,244 N N 2,166,353 2,150,745
315220H Men's and boys' work shirts, made from purchased fabrics 49,924 N N N N
315220J Men's and boys' workpants (excluding jeans), work jackets, coveralls, overalls, jumpsuits, and washable service apparel, including nondisposable hospital patient wear, made from purchased fabrics 250,261 13,791 9,469 323,887 323,114
315220L Men's and boys' nontailored coats, jackets, and vests, including down- and feather-filled (excluding ski apparel and work jackets), made from purchased fabrics 278,531 N N 190,286 189,707
315220N Men's and boys' shorts (including dress and athletic) and swimwear, made from purchased fabrics 16,084 57,647 28,539 2,146,675 2,132,983
315220P Men's and boys' sweaters, sweater vests, sweatpants, jogging and warm-up suits, playsuits, beachwear (excluding swimsuits), and ski apparel, made from purchased fabrics 8,405 264,639 121,306 483,982 482,818
315220W Men's and boys' cut and sew apparel, nsk, total 62,762 N N N N
315220X Undistributed men's and boys' cut and sew apparel N 875,156 452,770 3,984,415 3,974,667
315240 Women's, girls', and infants' cut and sew apparel 3,651,973 2,296,427 1,391,161 43,613,636 43,492,410
3152401 Women's and girls' underwear, excluding foundation garments, made from purchased fabrics 39,405 102,075 44,212 1,532,784 1,527,003
3152403 Women's and girls' nightwear, excluding robes or dressing gowns intended to sell separately, made from purchased fabrics 11,844 27,088 9,715 1,040,224 1,037,472
3152405 Women's and girls' brassieres, bra-lettes, and bandeaux, made from purchased fabrics 7,985 122,437 50,262 2,072,714 2,062,860
3152407 Women's and girls' corsets (excluding surgical), girdles, and combinations, made from purchased fabrics D 21,872 9,933 128,721 128,759
3152409 Women's and girls' robes and dressing gowns, made from purchased fabrics 1,706 3,203 2,037 80,971 79,108
315240B Women's and girls' knit shirts and blouses (including polo shirts, cowl neck shirts, tank tops, sweatshirts, and t-shirts), made from purchased fabrics (excluding screen printing) 797,384 305,617 166,149 11,206,410 11,187,630
315240D Women's and girls' woven shirts and blouses, made from purchased fabrics (excluding screen printing) 229,226 132,489 95,461 2,961,606 2,955,492
315240F Women's and girls' dresses, made from purchased fabrics 871,902 351,332 238,841 4,654,486 4,646,021
315240G Women's and girls' tailored coats and capes, including water-repellent (excluding fur, leather, down- and feather-filled), made from purchased fabrics 6,785 N N N N
315240H Women's and girls' tailored suits and pantsuits, including dress uniforms (firefighter, military, police, etc), made from purchased fabrics 65,064 18,897 15,071 98,288 98,251
315240J Women's and girls' skirts, made from purchased fabrics 60,929 43,212 26,835 1,218,830 1,215,964
315240K Women's and girls' tailored jackets and vests, excluding fur and leather, made from purchased fabrics 10,895 42,985 27,808 806,099 804,210
315240L Women's and girls' sweaters, including sweater vests, made from purchased fabrics 40,082 36,345 21,121 1,417,339 1,415,179
315240M Women's and girls' shorts, including tennis skirts, made from purchased fabrics 34,825 15,855 9,220 1,432,044 1,427,827
315240N Women's and girls' slacks, jeans, and jean-cut casual slacks (excluding sweatpants), made from purchased fabrics 575,669 255,061 169,455 2,955,668 2,952,642
315240P Women's and girls' sweatpants, bodysuits and bodyshirts, jogging and warm-up suits, playsuits, rompers, and beachwear (excluding swimwear), made from purchased fabrics 68,953 6,988 2,052 120,653 120,341
315240R Women's and girls' swimwear, made from purchased fabrics 234,250 51,745 27,465 757,076 746,456
315240T Women's and girls' nontailored coats, jackets, and vests (including water-repellent, down- and feather-filled, and ski apparel), made from purchased fabrics 30,229 2,688 2,172 1,254,337 1,250,225
315240U Women's and girls' washable service apparel (including nondisposable hospital patient wear, coveralls, overalls, and jumpsuits), made from purchased fabrics 21,168 3,139 2,761 97,699 97,577
315240V Infants' apparel, made from purchased fabrics 76,157 72,197 46,206 2,237,286 2,235,417
315240W Women's, girls', and infants' cut and sew apparel, nsk, total D N N N N
315240X Undistributed women's, girls', and infants' cut and sew apparel N 681,203 424,385 7,540,401 7,503,977
315280 Other cut and sew apparel 829,727 326,489 268,468 2,023,406 2,006,058
3152801 Fur apparel, accessories, and trimmings (coats, capes, jackets, neck pieces, fur linings, etc.) made from purchased materials 35,460 24,376 18,855 164,449 163,488
3152803 Leather and sheep-lined apparel 49,553 145,316 111,323 471,345 467,977
3152805 Team sport uniforms, men's and boys', made from purchased fabrics 97,644 N N 10,464 10,464
3152807 Team sport uniforms, women's and girls', made from purchased fabrics 52,549 N N 10,221 10,221
3152809 Vestments and costumes, made from purchased materials 506,666 N N N N
315280A Apparel, plastic or rubber (50% or greater), including raincoats and rubber pants (excluding wet suits), made from purchased materials 39,056 156,796 138,291 1,366,927 1,353,908
315280W Other cut and sew apparel, nsk, total 48,799 N N N N
315990 Apparel accessories and other apparel 858,212 532,798 376,194 4,816,449 4,798,949
3159901 Hats and caps (fabric, straw, and felt), men's and boys' 86,281 25,077 16,837 6,569 6,569
3159903 Hats and caps (fabric, straw, and felt), women's, girls', and infants' 12,918 N N 46,535 46,463
3159905 Hat bodies and fabric caps, excluding hat bodies finished into hats in the same establishment 103,001 651 300 18,811 18,582
3159907 Gloves and mittens 94,271 106,263 52,717 1,209,641 1,206,264
3159909 Men's and boys' neckwear, made from purchased materials 130,933 17,758 9,903 247,057 244,055
315990A Neckwear (scarves, dickies, etc.), women's and girls', made from purchased materials 2,411 N N N N
315990C Leather belts, made from purchased materials 64,135 31,210 18,061 480,187 479,236
315990D Apparel accessories (including aprons, bibs, rainhats, and shower and bathing caps), plastic or rubber (50 percent or greater), from purchased materials 15,718 8,682 5,609 34,988 34,958
315990E Apparel accessories, all other types (non-leather belts, hose supporters, handkerchiefs, apparel findings, etc.), made from purchased materials 251,375 111,234 94,350 440,295 439,518
315990W Apparel accessories and other apparel, nsk, total 97,169 N N N N
315990X Undistributed apparel accessories and other apparel N 231,922 178,418 2,332,366 2,323,303

Federal Business Opportunities, Thursday, December 18, 2014

Recently posted federal business opportunities.
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Title:             Shirts and hats to be embroidered
Agency:            Department of Labor
-------------------------------------------------------
Title:             84--Request for Information (RFI) - Military Free Fall (MFF) Heated Gloves and Vests
Agency:            Department of the Army
-------------------------------------------------------
Title:             83--Mattress encasements
Agency:            Department of the Army
-------------------------------------------------------
Title:             83--CLOTH,PARACHUTE
Agency:            Defense Logistics Agency
-------------------------------------------------------
Title:             CLOTH, LAMINATED, VINYL-NYLON
Agency:            Defense Logistics Agency
-------------------------------------------------------
Title:             Touchscreen Leather Gloves
Agency:            Department of the Navy
-------------------------------------------------------
Title:             84--PARKA,WET WEATHER
Agency:            Defense Logistics Agency
-------------------------------------------------------
Title:             FN1400-15 FELT
Agency:            Department of Justice
-------------------------------------------------------
Title:             CR-360 Parachute
Agency:            Department of the Interior
-------------------------------------------------------
Title:             84--BOOTS,SAFETY,MEN'S
Agency:            Defense Logistics Agency
-------------------------------------------------------
Title:             CMAOUFLAGE TROUSER
Agency:            Defense Logistics Agency
-------------------------------------------------------
Title:             ACU/OEF-CP Sun Hat; NWU Boonie Cover
Agency:            Defense Logistics Agency
-------------------------------------------------------
Title:             83--WEBBING,TEXTILE
Agency:            Defense Logistics Agency
-------------------------------------------------------

Clients of Agathon Associates and subscribers to Agathon Associates' Trade Advisor Service can find links to the full solicitations at www.agathonassociates.com/textile-pri/berry/fbo.htm. You will need to enter your username and password. If you do not know your username and password email David Trumbull at david@agathonassociates.com.

Kiddie Korral Recalls Girls Hoodies with Ponies Due to Strangulation Hazard

This recall involves Kiddie Korral girl’s pink hooded sweatshirts with red ponies and a drawstring through the hood. The zippered front hoodies have two front pockets, are made of 100% polyester and were sold in sizes 2 through 12. A label sewn into the garment’s neck seam reads “Kiddie Korral” and a label sewn into the side seam has RN#117026 and style number 327.

Units: About 2,300

Incidents/Injuries: None reported.

Remedy: Consumers should immediately take the hoodies from children and remove the drawstring to eliminate the hazard. Consumers can return the hoodies to the place of purchase for a full refund.

Sold at Children’s boutiques, gift shops and other specialty retail stores nationwide from December 2012 through November 2014 for about $25.

Distributor: Kiddie Korral, Dallas, TX

Manufactured in China.

Wednesday, December 17, 2014

Customs Proposes Modifying Erroneous Ruling Letters that Denied FTA Benefits to Qualifying Merchandise

U.S. Customs and Border Protection ("CBP") has proposed the modification of three ruling letters and proposed revocation of any treatment relating to the eligibility of certain garments for preferential tariff treatment under the Dominican Republic-Central America United States Free Trade Agreement ("DR-CAFTA"), the United States-Peru Trade Promotion Agreement ("PETPA") or the United States-Colombia Trade Promotion Agreement ("CTPA").

Comments must be received on or before January 16, 2015. If you were denied duty-free benefits due to errors of the sort made in these Rulings, you should advise CBP by the end of the comment period. Agathon Associates can assist you in determining whether you can apply to CBP for relief.

In each of the three rulings being modified, the CBP National Import Specialist appears to have made a fundamental error in reading the tariff-shift rules of the free trade agreements.

Ruling N251778, dated April 16, 2014, relates to The tariff classification and status under the United States-Peru Trade Promotion Agreement Implementation Act ("Peru TPAIA"), and the Dominican Republic-Central America-United States Free Trade Agreement ("DR-CAFTA"), of a woman’s garment from Peru or Guatemala. The applicable subheading for the item is 6110.30.3059, Harmonized Tariff Schedule of the United States ("HTSUS").

As related to a determination under the PTPAIA, the garment is made of a rayon knit fabric classified in heading 6006 and a polyester woven fabric classified at 5513. All operations are done in Peru or the U.S. with the exception that the rayon fibers (classified at 5504 or 5507) and polyester fibers (classified at 5503) are manufactured in India or Asia. The rayon knit fabric is the component that determines the tariff classification of the garment. The PTPAIA rule of origin for fabric of heading 6006 excludes a change from any heading in Chapter 55, therefore the fabric is not originating under the PTPAIA and the garment is also not originating under the rule (GN 32(b)(iii)) for "goods produced exclusively from originating materials." However there is another rule under which the garments do originate because they "undergo an applicable change in tariff classification" (GN 32(b)(ii)(A).

For goods classified in heading 6110, the tariff-shift rule requires: A change to headings 6105 through 6111 from any other chapter, except from headings 5106 through 5113, 5204 through 5212, 5307 through 5308, 5310 through 5311, 5401 through 5402, subheading 5403.20, 5403.33 through 5403.39, 5403.42 through 5403.49, headings 5404 through 5408, 5508 through 5516 or 6001 through 6006, provided that the good is cut or knit to shape, or both and sewn or otherwise assembled in the territory of Peru, the United States, or both.

The National Import Specialist ruled that:

"The rayon fabric classified in heading 6006 does not meet the terms of the tariff shift. Therefore, the goods would not be entitled to a free rate of duty under the Peru TPAIA."

The National Import Specialist ruled similarly with regard to DR-CAFTA where the facts were the same, replacing Guatemala for Peru throughout.

The importer requested reconsideration and CBP, upon reconsideration, stated, "A review of the tariff shift rules ... reveals that a change to heading 6110 from the non-originating rayon and polyester fibers ... is allowed. Therefore, the garment meets the tariff shift rules."

When CBP finds that a ruling is erroneous, it searches their database for others that may have the same error. In this case CBP found two more where the same National Import Specialist made the same mistake.

Ruling N242940, dated July 10, 2013, also involves a knitted fabric that was non-originating due to foreign rayon fiber (in this case, from Australia) used in the production of knit garments which were under a yarn-forward (not fiber-forward) rule of origin in the PTPAIA.

Ruling N248184, dated December 13, 2013, involved a knitted fabric that was non-originating due to polyamide filament yarns from Mexico used in the production of brassieres in Columbia. This was the most egregious error, as it is well known in the trade that in the U.S.-Columbia Trade Promotion Agreement the rule of origin for brassieres (as it is in most of the other free trade agreements) is "single transformation," meaning they merely need be cut and sewn in Columbia without regard to the origin of the fabric or yarn.

Comments must be received on or before January 16, 2015. If you were denied duty-free benefits due to errors of the sort made in these Rulings, you should advise CBP by the end of the comment period. Agathon Associates can assist you in determining whether you can apply to CBP for relief.

The proposed modifications may be read in Customs Bulletin Vol. 48, No. 50. (beginning on page 24)

Monday, December 15, 2014

2015 Quota for Haiti Value-Added Program Published

On December 15, 2014, the U.S. Department of Commerce published in the Federal RegisterLimitation of Duty-Free Imports of Apparel Articles Assembled in Haiti Under the Haitian Hemispheric Opportunity Through Partnership for Encouragement Act ("HOPE").

HOPE provides for duty-free treatment for certain apparel articles imported directly from Haiti. One of the preferences under HOPE is known as the ``value-added'' program, which requires that apparel meet a minimum threshold percentage of value added in Haiti, the United States, and/or certain beneficiary countries. The program is subject to a quantitative limitation, which is calculated as a percentage of total apparel imports into the United States for each 12-month annual period. For the annual period from December 20, 2014 through December 19, 2015, the quantity of imports eligible for preferential treatment under the value-added program is 332,915,916 square meters equivalent.

Madagascar Okay'd for AGOA Textile and Apparel Benefits

On December 15, 2014, the Office of the United States Trade Representative published in the Federal Register (79 FR 74156) Determinations under the African Growth and Opportunity Act

SUMMARY: The United States Trade Representative ("USTR") has determined that Guinea and Madagascar have each adopted effective visa systems and related procedures to prevent unlawful transshipment of textile and apparel articles and the use of counterfeit documents in connection with the shipment of such articles and has implemented and follows, or is making substantial progress toward implementing and following, the customs procedures required by the African Growth and Opportunity Act ("AGOA"). Therefore, as specified in this notice, imports of eligible products from Guinea and Madagascar qualify for the textile and apparel benefits provided for under AGOA.

DATES: Effective Date: December 15, 2014.

Two Carbon Fiber Foreign Trade Zones Approved for Export Only

On December 15, 2014, the FTZ Board published notice in the Federal Register (79 FR 74063) Restricted Approval for Production Authority, Foreign-Trade Zone 143, Mitsubishi Rayon Carbon Fiber and Composites, Inc., Subzone 143D (Carbon Fiber); Sacramento, California, and Foreign-Trade Zone 83, Toray Carbon Fibers America, Inc. (Carbon Fiber); Decatur, Alabama.

Thursday, December 11, 2014

Federal Business Opportunities, Thursday, December 11. 2014

Recently posted federal business opportunities.
-------------------------------------------------------
Title:             Coverall, Fuel Handler
Agency:            Defense Logistics Agency
-------------------------------------------------------
Title:             84--DARK NAVY WOOL HATS (BALL CAPS)
Agency:            Department of the Navy
-------------------------------------------------------
Title:             84--INSIGNIA,GRADE,ENLISTED,CAP
Agency:            Defense Logistics Agency
-------------------------------------------------------
Title:             84--HSL Cord
Agency:            Department of the Navy
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Title:             Deployment Gear
Agency:            Department of the Air Force
-------------------------------------------------------
Title:             Shirts and hats to be embroidered
Agency:            Department of Labor
-------------------------------------------------------
Title:             84--Military uniform Patches and insignia
Agency:            Department of the Army
-------------------------------------------------------
Title:             Field Gear
Agency:            Department of the Navy
-------------------------------------------------------
Title:             84--GLOVES,CHEMICAL AND
Agency:            Defense Logistics Agency
-------------------------------------------------------

Clients of Agathon Associates and subscribers to Agathon Associates' Trade Advisor Service can find links to the full solicitations at www.agathonassociates.com/textile-pri/berry/fbo.htm. You will need to enter your username and password. If you do not know your username and password email David Trumbull at david@agathonassociates.com.

New York City to Invest $35 Million in Fashion Incubator in Brooklyn

New York City officials last week revealed plans to invest $3.5 million in a new fashion epicenter called the Manufacturing Innovation Hub for Apparel, Textiles & Wearable Tech. ...... READ MORE.

Businessman Charged With Evading $5.6M In Customs Duties On Footwear Imported From China

On December 4, 2014, a federal grand jury returned a 27-count indictment against Thomas Romeo, 51, of Sacramento, charging him with a scheme to defraud the United States by evading customs duties owed by his Citrus Heights import business, United States Attorney Benjamin B. Wagner announced. Romeo is charged with conspiracy to defraud the United States, four counts of wire fraud, 11 counts of entry of falsely classified goods, and 11 counts of entry of goods by means of a false statement.

Romeo owned and operated Romeo & Juliette Inc., a company that imported footwear manufactured in China and distributed under the brand names BearPaw and Attix. According to the indictment, from at least 1994 through 2011, Romeo engaged in a scheme to avoid paying the full amount of duty owed on the shoes by having employees and others create false invoices that substantially undervalued the footwear that was being imported, sometimes at 50 percent of the actual value and other times even less. Romeo had his employees submit the false invoices to U.S. Customs for purposes of calculating the customs duties and fees Romeo & Juliette was required to pay. Romeo allegedly avoided paying approximately $5.6 million in customs duties legally owed to the United States.

According to the indictment, during the course of the investigation, Romeo submitted to federal agents a false document that attempted to justify the lower duty that Romeo & Juliette paid to the United States. He also instructed employees to make false statements to federal investigators about the value of the footwear that was imported.

This case is the product of an investigation by the U.S. Immigration and Customs Enforcement’s ("ICE") Homeland Security Investigations ("HSI"). Assistant United States Attorney Todd A. Pickles is prosecuting the case.

If convicted, Romeo faces a maximum statutory penalty of 20 years in prison and a $250,000 fine or twice the loss or gain caused by the fraud on the wire fraud counts. The maximum statutory prison term is five years on the conspiracy count and two years for causing the entry of goods falsely classified and causing the entry of goods by false statements. Any sentence, however, would be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines. The charges are only allegations; the defendant is presumed innocent until and unless proven guilty beyond a reasonable doubt.

BACKGROUND

Under Section 484 of the Tariff Act, as amended (19 U.S.C. 1484), the importer of record is responsible for using reasonable care to enter, classify and determine the value of imported merchandise and to provide any other information necessary to enable U.S. Customs and Border Protection to properly assess duties, collect accurate statistics, and determine whether other applicable legal requirements, if any, have been met. An importer of record’s failure to exercise reasonable care could delay release of the merchandise and, in some cases, could result in the imposition of penalties. Classification and valuation of textiles, apparel, and footwear requires detail knowledge of thousands of U.S. Customs regulations. David Trumbull, Principal of Agathon Associates, is a licensed and insured Customs Broker with 20-years experience in international trade and can assist you with questions of classification and valuation.

U.S. Government to Close for Both Christmas Day and December 26th

On December 5, 2014, President Obama signed an Executive Order designating Friday, December 26, 2014 as a Federal holiday.

While we're on the topic of Federal holidays, here's the list for 2015:

  • Thursday, January 1 New Year’s Day,

  • Monday, January 19 Birthday of Martin Luther King, Jr.,

  • Monday, February 16 Washington’s Birthday,

  • Monday, May 25 Memorial Day,

  • Friday, July 3 Independence Day,

  • Monday, September 7 Labor Day,

  • Monday, October 12 Columbus Day,

  • November 11 Veterans Day,

  • November 26 Thanksgiving Day, and

  • December 25 Christmas Day.

On those days Federal, State, and local government offices will be closed. In the United States most private business also close on most the Federal holidays (you may find some private business open on the Birthday of Martin Luther King, Jr., Washington's Birthday, Columbus Day, and Veterans Day).

Catching Up

Selection device for the shed-forming device of a weaving machine:  A design for a new jacquard head with a lower latency time which allows for faster operation.  Patent:  8720492.  Inventor:  Vanderjeugt, et.al.  Assignee:  Michel Van De Wiele Nv

Garment with compartments:  A garment having compartments for holding objects. Some compartments are operable to permit waste to pass out of the compartments. Others are attached to the garment on the thigh or other location to permit access where a standard hip pocket would be blocked by a toolbelt. Others have apertures in addition to the normal hip pocket opening which may permit access to the pocket where the opening to the hip pocket would be blocked by a toolbelt. The garment may be used by a worker, such as a carpenter, with knee pads in compartments in a knee area of the garment, the compartments having apertures operable to permit sawdust and other waste to empty from the compartment. Additionally, a thigh pocket may have a cover preventing waste from entering the pocket, and can provide storage where a hip pocket would be blocked by a toolbelt or rendered inaccessible by kneeling. Patent:  8719966.  Inventor:  Grozdev.  Not assigned.

Anti-slip foot assembly:  An anti-slip foot assembly for a strut is disclosed. An embodiment of the anti-slip assembly includes a heel pad adapted to resist normal forces applied by the strut, a plurality of independently flexible toes adapted to resist the lateral forces that tend to cause slipping. A foot assembly with retractable cleat system is also disclosed.  Patent:  8720459.  Inventor:  Moulton.  Assignee:  RW Truland, I, LLC

Base fabric for air bag, method of producing the same and air bag:  A base fabric for an air bag is provided which is light-weight, flexible, superior in stowability, air shieldability, heat resistance and flame retardancy, further superior in the adhesion to resin with reduced stitch dislocation and fray. The air bag base fabric comprises a synthetic fiber fabric at least one surface of which is coated with resin. The resin is present also over at least 85% of the total area of an intertwined portion interface as a warp-weft crossing portion of the synthetic fiber fabric.  Patent:  8722550.  Inventor:  Yamada, et.al.  Assignee:  Seiren Co.  Ltd.

Protective garment with thermal liner having varying moisture attraction:  A protective garment including an outer shell, a thermal barrier having a thermal protection performance of at least about twenty, and a moisture barrier positioned between the outer shell and the thermal barrier. The thermal barrier includes an outer layer, an inner layer, and an intermediate layer positioned between the outer and inner layers. The outer layer is positioned adjacent to the moisture barrier, and moisture is more attracted to the intermediate layer than to the outer layer.  Patent:  8719969.  Inventor:  Curtis.  Assignee:  Lion Apparel, Inc.

Machine and method for the combined mechanical and heat treatment of fabrics, especially knitted fabrics:  A machine and a method for treating fabrics, comprise in combination a step of inducing substantially vertical vibrations in a quantity of fabric in the form of a substantially compact mass and a simultaneous step of drying the rest of the fabric in opened-out form.  The idea is that the vibrations relax the fabric as it dries.  Patent:  8720020.  Inventor:  Biancalani and Ravagli.  Assignee:  Biancalani, S.R.L.

Self-adjusting shapewear garment:  The present invention relates generally to a garment made from a stretchable fabric with a high yield strain and low hysteresis so that the garment is capable of stretching to comfortably fit and provide support for the unique shapes and curves of wearers within a single size group and across multiple size groups. More specifically, the claimed invention relates to shapewear. A shapewear garment constructed in accordance with the present invention could be made in a first standard size and comfortably flex and self-adjust to fit wearers across sizes extra-small (XS), small (S), and medium (M); and in a second standard size and comfortable flex and self-adjust to fit wearers across sizes large (L), extra-large (XL), and double extra-large (XXL); and the garment would retain its original dimensions when the force exerted on the garment by the wearer's body is removed.  Patent:  8721388.  Inventor:  Quaranta.  Assignee:  Maidenform

Apparel incorporating a protective element:  An article of apparel may include may include a garment portion and at least one protective element. The garment portion and the protective element have a configuration that forms a gap, separation, or pleat structure through, for example, folding or overlapping of a textile element of the garment portion. The gap, separation, or pleat structure may permit the protective element to move independent of other portions of the apparel, thereby enhancing a range of movement of the individual and the overall comfort of the apparel.  Patent:  8719965.  Inventor:  Turner and Grogro Assignee:  Nike, Inc.

Waterproof vapor-permeable shoe:  A waterproof vapor-permeable shoe, including an upper and a sole with a region which is diffusely perforated with through holes in the direction of a walking surface.  Patent:  8720083Inventor:  Moretti.  Assignee:  Geox S.P.A.

Flame retardant composition and textile material comprising the same:  A flame retardant composition comprises a phosphorous-containing polymer. The phosphorous-containing polymer can be produced by first reacting a phosphonium compound and a nitrogen-containing compound to produce a precondensate compound and then reacting the precondensate compound with a cross-linking composition. The resulting phosphorous-containing intermediate polymer can then be oxidized to convert at least a portion of the phosphorous atoms in the polymer to a pentavalent state. A textile material comprises a textile substrate and a phosphorous-containing polymer, such as that described above.  Patent:  8719962.  Inventor:  Mayernik, et.al.  Assignee:  Milliken & Company.



Jim Carson is a principal of RB Consulting, Inc. and a registered patent agent.  He has over 30 years of experience across multiple industries including the biotechnology, textile, computer, telecommunications, and energy sectors.  RB Consulting, Inc. specializes in providing management, prototyping, and regulatory services to small and start-up businesses.  He can be reached via email at James.Carson.Jr@gmail.com or by phone at (803) 792-2183.