Two Product Recalls

1. Trimfoot Recalls Children's Soft-Soled Sneakers Due to Choking Hazard; Sold exclusively at Macy's http://www.cpsc.gov/en/Recalls/2014/Trimfoot-Recalls-Childrens-Soft-Soled-Sneakers/

4. Pure Baby Organics Boys Hoodie Recalled by Chantique’s Corp. Due To Strangulation Hazard http://www.cpsc.gov/en/Recalls/2014/Pure-Baby-Organics-Boys-Hoodie-Recalled-by-Chantiques-Corp/

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1.

Recall Date: September 30, 2014

Recall Number: 14-284

Trimfoot Recalls Children's Soft-Soled Sneakers Due to Choking Hazard; Sold exclusively at Macy's

Recall Summary

Name of Product: Children's soft-soled shoes

Hazard: A small metal eyelet can detach from the inside of the sneaker, posing a choking hazard to infants.

Remedy: Refund

Consumer Contact: Trimfoot at (800) 325-6116 from 8 a.m. to 4:30 p.m. Monday through Friday, or online at www.trimfootco.com, then click on Recall on left side of the page for more information.

Recall Details

Units: 5,300

Description: The recall involves First Impressions high-top, soft-soled sneakers for infants that are crawling or standing. The recalled shoes have blue denim soles and uppers, brown canvas tongues, tan shoe laces and white polyurethane toes. Each upper has eight 3/16 inch eyelets for the laces. The shoes came in sizes 0, 1, 2 and 3. Style number 42090 is on a cloth tag inside of shoe.

Incidents/Injuries: None reported. 

Remedy: Consumers should immediately take the recalled shoes away from children and return the shoes to Macy's or contact Trimfoot for a full refund. 

Sold exclusively at: Macy’s stores nationwide from February 2014 to August, 2014 for about $17.

Importer: Trimfoot Co. LLC., of Farmington, Mo.

Manufactured in: China

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4.

Recall Date: September 30, 2014

Recall Number: 14-287

Pure Baby Organics Boys Hoodie Recalled by Chantique’s Corp. Due To Strangulation Hazard

Recall Summary

Name of Product: Boy’s Zipper Hooded Hoodie

Hazard: The sweaters have a drawstring around the neck area which poses a strangulation hazard to children. Drawstrings can become entangled or caught on playground slides, hand rails, school bus doors or other moving objects, posing a significant strangulation or an entanglement hazard to children. In February 1996, CPSC issued guidelines about drawstrings in children's upper outerwear. In 1997, those guidelines were incorporated into a voluntary standard. Then, in July 2011, based on the guidelines and voluntary standard, CPSC issued a federal regulation. CPSC's actions demonstrate a commitment to help prevent children from strangling or getting entangled on neck and waist drawstrings in upper outerwear, such as jackets and sweatshirts.

Remedy: Refund

Consumer Contact: Chantique’s Corp collect at (213) 629-3222 from 9:00 a.m. to 5:00 p.m. PT, Monday through Friday or email at info@chantiquesshowroom.com for more information.

Recall Details

Units: About 60

Description: This recall involves a Pure Baby Organic boy’s hoodie made of 100% cotton. It comes in solid gray with a red drawstring that is inside the lining of the hood that surrounds the face. They have a zipper front closure. The recalled hoodies were sold in toddler boy’s sizes 2t to boy’s size 3.  There is a white label sewn into the neck line that has the name Purebaby on it. There is also a label underneath it that has the size printed on it and states Made in India. A label with style number PB1613.B12 is sewn into an inside side seam of the garment under the washing instruction label.

Incidents/Injuries: None Reported

Remedy: Consumers should immediately take the hoodie away from children. Consumers can remove the drawstring from the garment to eliminate the hazard or return it to the place of purchase for a full refund.

Sold at: Children’s boutiques nationwide and other stores such as Elephant Ears, Pumpkin heads, Sprouts and on-line at www.Nordstromrack.com from January 2014 through August 2014 for about $62.

Importer: Chantique’s Corp., Los Angeles, Calif.

Manufactured in: China

 

Woolmark Brand Misuse

The Woolmark brand is the world’s best-known textile fibre brand. It provides consumers with guaranteed fiber content and an assurance of quality. Companies that become Woolmark licensees can use the Woolmark logo on their products as an independent quality endorsement, thereby providing licensees with differentiation within the marketplace. The Woolmark Company takes misuse of the Woolmark trademarks seriously. The Woolmark Company will take necessary measures to protect the integrity of its trademarks and will investigate all reports of potential misuse. The Woolmark Company asks that if you become aware of any misuse of the Woolmark trademarks that you report the misuse by completing the report below.

The Woolmark Company Brands Misuse Reporting Form

Army Textile and Clothing Contracts Awarded

Aurora Industries, LLC, Camuy, Puerto Rico, has been awarded a maximum $11,533,632 modification (P0004) exercising the first option year on a one-year base contract (SPE1C1-14-D-1068), with three one-year option periods. This is a firm-fixed-price contract for flame resistant combat coats and trousers. Location of performance is Puerto Rico, with a Sept. 15, 2015, performance completion date. Using military service is Army. Type of appropriation is fiscal 2014 defense working capital funds. The contracting activity is the Defense Logistics Agency Troop Support, Philadelphia, Pennsylvania.

Standard Safety Equipment, McHenry, Illinois, has been awarded a maximum $7,542,000 firm-fixed-price contract for waterproof clothing bags. This contract was a competitive acquisition, and four offers were received. This is a one-year base contract with two one-year option periods. Location of performance is Illinois, with a Sept. 30, 2015, performance completion date. Using military service is Army. Type of appropriation is fiscal 2015 defense working capital funds. The contracting activity is the Defense Logistics Agency Troop Support, Philadelphia, Pennsylvania (SPE1C1-14-D-1082).

Active Apparel Recalls Boys Fission Zipper Hooded Sweatshirts Due to Strangulation Hazard

Name of product: Boys Zipper Hooded Sweatshirts

Hazard: The sweatshirts have drawstrings around the neck area which pose a strangulation hazard to children. Drawstrings can become entangled or caught on playground slides, hand rails, school bus doors or other moving objects, posing a significant strangulation or an entanglement hazard to children. In February 1996, CPSC issued guidelines about drawstrings in children's upper outerwear. In 1997, those guidelines were incorporated into a voluntary standard. Then, in July 2011, based on the guidelines and voluntary standard, CPSC issued a federal regulation. CPSC's actions demonstrate a commitment to help prevent children from strangling or getting entangled on neck and waist drawstrings in upper outerwear, such as jackets and sweatshirts.

Remedy: Contact Active Apparel toll-free at (844) 861-5308 from 9 a.m. to 5:00 p.m. PT Monday through Friday or online at www.activeapparel.net and click on the Recall tab located at the top of the home page. Consumers should immediately take the sweatshirt away from children. Consumers can remove the drawstring from the sweatshirt to eliminate the hazard or return it to the place of purchase for a full refund and a $10 gift card.

Units: About 7,800

Description: This recall involves boys Fission zipper hooded sweatshirts made of 100% cotton. The sweatshirts come in black, green, royal blue, true red and turquoise color. There is a white drawstring tie that is attached on each side of the neck area. There are two pockets and a white zipper on the front of the garment. The recalled sweatshirts were sold in boys sizes small (size 8-10) and medium (size 12-14). The size can be found on the label that is sewn into the seam of the neck area. There is also a white label sewn into the lower left seam inside the garment. On the label, it states Karachi Pakistan, Active Apparel, has the manufacture date “MAY, 2014,” and batch number 61271,159.

Incidents/Injuries: None reported.

Sold at Fred Myer and Kroger stores nationwide from June 2014 through August 2014 for about $18.

Importer: Active Apparel, Mira Loma, California.

Manufactured in Pakistan.

Federal Business Opportunities, Monday, September 29, 2014

Recently posted federal business opportunities.

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Title:             Large Area Maintenance Shelters
Agency:            Department of the Air Force
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Title:             Shelters and Shelter Accessories
Agency:            Department of the Air Force
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Title:             84--Army Service Uniforms and Honors Overcoats
Agency:            Department of the Army
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Title:             84--Tactical equipment
Agency:            Department of State
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Title:             83--TENT, DRASH, MX5 Green
Agency:            Defense Logistics Agency
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Title:             83--Tent Repair Parts
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Title:             Academic Uniform Pants This is a subcontracting opportunity with MINACT
Agency:            Department of Labor
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Title:             Academic Uniform Shirts-This is a subcontracting opportunity with MINACT
Agency:            Department of Labor
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Title:             84--Protective Gear
Agency:            Department of Justice
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Title:             84--Bullard Helmets
Agency:            Department of Justice
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Title:             Ops-Core Aircrew Helmet Replacement Parts
Agency:            Department of the Air Force
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Title:             84--Army Dress Service Caps
Agency:            Department of the Army
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Title:             84--Concealable IIIA NIJ Body Armor Black in Color
Agency:            Department of the Army
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Title:             83--Classic Series Frame Tent accessories
Agency:            Department of State
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Title:             83--FLAG,NATIONAL
Agency:            Defense Logistics Agency
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Title:             GI Stlye Embroidered Caps
Agency:            Government Printing Office
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Title:             84--Explosive Handler Coveralls
Agency:            Department of the Army
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Title:             84--Shirts
Agency:            Department of the Navy
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Title:             84--OPTION - Shooter Gloves
Agency:            Department of the Army
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Title:             84--Procure Body Armor
Agency:            Department of State
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Title:             84--Concealable IIIA NIJ Body Armor Black in Color
Agency:            Department of the Army
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Title:             84--Hazard Risk Category 2 Flame Resistant Protection (FRP) Personal Protective Equipment (PPE) garments.
Agency:            Department of the Navy
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Title:             Cold Weather and Uniform Items
Agency:            Department of the Air Force
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Title:             USAFA Cadet Ajackets & Parkas
Agency:            Department of the Air Force
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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.

Wool Symposium 2014 News!

 

 

NOVEMBER 15, 2014 • 10:00 AM to 6:00 PM
 

The Third Annual Fibershed Wool & Fine Fiber Symposium, will feature informative presentations on breeding practices that build heirloom garments, plus predator- and pollinator-friendly practices that harmonize and blur the line between wild and domestic spaces, all bringing beauty and function to our fields and wardrobes.

Experts will be offering hands-on demonstrations (sheep shearing, skirting fleece, wool grading, angora rabbit shearing, cashmere fiber processing, felting, natural dyes).

And a host of amazing artisans and farmers will be selling their freshly farmed, locally grown & made creations and fibers.

There will also be displays of fibers from around the region and pollinator plants for enhancing diversity.

BUY TICKETS securely through Paypal on at www.fibershed.com/wool-symposium-2014. Or contact fibershed@gmail.com if you would like to make other arrangements for ticket purchase.

PANEL ON BREEDING FOR FIBER & DIVERSITY:
Leslie Adkins
Ann Brezina
Lani Estill
Marie Hoff
Robert Irwin
Mimi Luebbermann
Mary Pettis-Sarley

PANEL ON PASTURE & RANGELAND DIVERSITY:
Hazel Flett
Heather Gamper
Jim Jensen
Richard King
Robin Lynde

PREDATOR FRIENDLY PRACTICES:
Keli Hendricks, Project Coyote
Nick Cavanaugh, Haven Ranch

DEMONSTRATIONS:
Sheep shearing – Matt Gilbert
Wool skirting – Robin Lynde
Wool classing – Ariana Strozzi
Felting – Heidi Harris
Angora rabbit shearing – Marnie Jackson
Angora rabbit shearing – Erin Maclean
Cashmere goats – Barbara Fiorica
Natural Dyes – TBD
 

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FIBERSHED MARKETPLACE AT THE SYMPOSIUM
A host of amazing artisans and farmers will be selling their freshly farmed, locally grown & made creations and fibers, on sale in the church building, as well as inside the Symposium. The Marketplace in the church building is open to the public at no charge.

IN THE CHURCH BUILDING (Free Admission):
Kim Bethel – Down Home Handspun Fibers
Amy Chestnut – Sonoma Wool Company
Sally Fox – Fox Fibre
Heidi Iverson & Jen Kida – HIJK
Jacalyn Post – Sheep to Shop
Julie Rosenfeld – Renaissance Ridge Alpacas
Meghan Shimek – Native Textile
Colleen Simon – Fiber Confections
Ariana Strozzi – Valley Ford Wool Mill

IN THE LECTURE HALL (Admission with Symposium ticket until 4:30 pm; Free admission 4:30 to 6 pm):
Bonnie Chase – Warner Mountain Weavers
Hazel Flett – Bodega Pastures
Robin Lynde – Meridian Jacobs
Monica Paz Soldan – Tiny Textiles
Mary Pettis-Sarley – Twirl
Marlie de Swart – Bo-Rage Yarns & Design

MUSIC:
Jane Selkye, acoustic guitar

ILLUSTRATIONS: 
Alycia Lang
 

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THE SYMPOSIUM WILL BE STREAMING LIVE!
For those who are unable to attend, we will be streaming live from our website, and videos of the day will be archived for viewing at any time.
 

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MANY THANKS TO OUR SPONSORS:
 

Companies to Pay a Total of $1.5 Million in Consumer Redress

Norm Thompson Outfitters and Wacoal America Settle FTC Charges Over Weight-Loss Claims for Caffeine-infused Shapewear

Two marketers of women's shapewear undergarments have settled Federal Trade Commission charges that slimming claims for their caffeine-infused products were false and not substantiated by scientific evidence. The proposed orders settling the Federal Trade Commission's complaints bar Norm Thompson Outfitters, Inc., and Wacoal America, Inc., from making false and unsubstantiated claims about their shapewear and require them to pay a total of more than $1.5 million for consumer refunds.

The FTC's complaint against Norm Thompson Outfitters alleges the company deceptively advertised, marketed, and sold women's undergarments infused with microencapsulated caffeine, retinol, and other ingredients, claiming the shapewear would slim and reshape the wearer's body and reduce cellulite. The products, made with Lytess brand fabrics, were sold via mail order and on the company's Norm Thompson Outfitters, Sahalie, Body Solutions, and Body*Belle websites.

The complaint against Wacoal America contains similar allegations. It charges that the company's iPants supposedly slimmed the body and reduced cellulite. Specifically, the company made false and unsubstantiated claims that wearing iPants would: substantially reduce cellulite; cause a substantial reduction in the wearer's thigh measurements; and destroy fat cells, resulting in substantial slimming. The complaint alleges that these claims are not true or substantiated by scientific evidence, and therefore also violate the FTC Act.

NOTE: The Commission issues an administrative complaint when it has reason to believe that the law has been or is being violated, and it appears to the Commission that a proceeding is in the public interest. When the Commission issues a consent order on a final basis, it carries the force of law with respect to future actions. Each violation of such an order may result in a civil penalty of up to $16,000.

What can other companies take from these cases?

Substantiation for objective claims: A foundational principle. When selling unmentionables, most advertisers mention fit, comfort, or other subjective attributes. But the law draws a sharp distinction between a suggestion that a certain kind of underwear may help people look or feel better while wearing it vs. an affirmative representation (especially one supposedly supported with scientific evidence) that it will reduce cellulite, shrink hips or thighs, and destroy fat. If you don’t have a solid underpinning for what you say, don’t make objective claims that are subject to the FTC’s long-standing reasonable basis standard.

A brief word on testing methodology. In both cases, the FTC challenged the way the underlying studies were conducted. Of course, the appropriate methodology will depend on – among other things – the nature of the claim and what experts in the field believe is necessary to support it. But uncontrolled, unblinded tests for caffeine-infused fat-dehydrating underwear? A prudent advertiser would evaluate the methodology with care.

When recapping results, remove the rose-colored glasses. Even putting aside the fundamental flaws in methodology, the FTC says Wacoal and Norm Thompson falsely reported the results of their studies. As these cases suggest, it's unwise to build an ad campaign around statistical outliers. Basing claims on best-case-scenario findings could lead to a worst-case-scenario result for advertisers.

David Trumbull, Principal, Agathon Associates, has 20-years experience working with the FTC. We can assist you with LABEL ADVISOR, which offers "Smart guidance for U.S. label compliance: SO SMART, SEW RIGHT." Contact David at 202-657-6008 or david@agathonassociates.com.

USTR Seeks Public Comments Copyright Piracy and Trademark Counterfeiting

On September 26, 2014, the Office of the United States Trade Representative published in the Federal Register (79 FR 58026 [Docket No. USTR-2014-0017] 2014 Special 301 Out-of-Cycle Review of Notorious Markets: Request for Public Comments.

The Office of the United States Trade Representative ("USTR") requests written comments from the public identifying Internet and physical markets based outside the United States that should be included in the 2014 Notorious Markets List. In 2010, USTR began publishing the Notorious Markets List separately from the annual Special 301 Report as an "Out-of-Cycle Review." The Notorious Markets List ("List") identifies online and physical marketplaces that reportedly engage in and facilitate substantial copyright piracy and trademark counterfeiting.

The deadline for interested parties to submit written comments is 11:59 p.m. (EDT) on October 24, 2014. Interested parties who wish to provide rebuttal or other information to be considered during the review may do so through this docket until 11:59 p.m. (EDT) on October 31, 2014.

David Trumbull Talks on T-TIP at Cotton Summit

On Monday, September 22nd, David Trumbull spoke on the proposed Transatlantic Trade and Investment Partnership ("T-TIP") at the University of Rhode Island Cotton Summit. His slides are available for view by CLICKING HERE.

FTC Published Rule of Mail, Telephone, and Internet Sales

On September 17, 2014, the FTC published in the Federal Register (79 FR 55615) Mail or Telephone Order Merchandise; Final rule. The provisions of the final Rule will become effective on December 8, 2014.

The final amendments modify the Rule in four ways.

1. They clarify that the Rule covers all Internet merchandise orders, regardless of the method consumers use to access the Internet.

2. They permit refunds and refund notices by any means at least as fast and reliable as first class mail.

3. They clarify sellers' refund obligations for orders using payment methods not specifically enumerated in the Rule (``non-enumerated payments'').

4. They require sellers to process any third party credit card refunds by seven working days after a buyer's right to a refund vests.

CPSC Meeting on Furniture Flammability

On Tuesday, September 30ht, Consumer Product Safety Commissioner Joseph Mohorovic will meet with Arlene Blum of the University of California Berkeley’s Green Science Policy Institute, Malin Nasman of IKEA US, and Dave Planning of the Business and Institutional Furniture Manufacturers Association to discuss national and California furniture flammability standards.

A Testimonial

As Vice President of Manufacturing for Sullivan Carson, I worked with the National Textile Association, and specifically with David Trumbull, for 17 years.

At Sullivan Carson we relied on David to guide us through the maze of trade agreements, implementing regulations, and enforcement policies that were a part of the textile industry. Specifically, David was able to show us, on a customer by customer basis, how, when and where we could use domestic and foreign yarns for in our production.

Using this information to drive our purchasing strategies, Sullivan Carson easily saved $250,000 a year for almost 15 years.

On a personal level, David is great to work with. His explanations and advice are were always clear, to the point and actionable. David is readily available to help and has a remarkable ability to find information in minutes that typically would have taken me days to locate.

If I can answer any questions about David, or be of any other assistance, please do not hesitate to contact me at james.carson.jr@gmail.com or (803) 792-2183.

Manufacturing Council to Hold Open Meeting

The Manufacturing Council will hold its final meeting of its term on Wednesday, October 15, 2014, to discuss and deliberate on final recommendations addressing: workforce development best practices; strategies to address misconceptions of manufacturing careers; innovation, research and development in manufacturing; and export growth opportunities for U.S. manufacturers. Additionally, the Council will receive updates from representatives of the U.S. government on the manufacturing initiatives taking place across federal agencies. A final agenda will be available on the Council's Web site one week prior to the meeting. The Council advises the Secretary of Commerce on government programs and policies that affect U.S. manufacturing and provides a means of ensuring regular contact between the U.S. Government and the manufacturing sector.

Happy Rosh Hashanah

Sundown today marks the beginning of the Jewish New Year. Agathon Associates sends best wishes to all our clients and friends observing this holiday.

Launch of American Woolen Company

David Trumbull, Principal, Agathon Associates, and Jonathan Stevens, President and CEO, American Textile History Museum, attended, last Wednesday, the launch party for American Woolen Company. For more information CLICK HERE for a report by the Journal Inquirer.

Burlington Industries Awarded $9.7 Million Air Force Contract

Burlington Apparel Fabrics, Greensboro, North Carolina, has been awarded a maximum $9,696,000 modification (P00003) exercising the second option year on a one-year base contract (SP0600-07-C-8251) with four one-year option periods. This is a fixed-price with economic-price-adjustment, indefinite-delivery/indefinite-quantity contract for Air Force polyester/wool serge cloth. Locations of performance are North Carolina and Pennsylvania with a Sept. 26, 2015,performance completion date. Using military service is Air Force. Type of appropriation is fiscal 2015 defense working capital funds. The contracting activity is the Defense Logistics Agency Troop Support, Philadelphia, Pennsylvania.

Customs Reclassifies Boot, Tariff Increases from 4.6% to 37.5%

At issue was whether the boots are classified in subheading 6401.92.60, Harmonized Tariff Schedule of the United States ("HTSUS"), as waterproof footwear having soles and uppers with an external surface area of over 90% polyvinyl chloride, with rate of duty of 4.6%, or, as other waterproof footwear of subheading 6401.92.90, HTSUS, with rate of duty of 37.5%.

Read the decision at Customs Bulletin Vol. 48 No. 38 (beginning on page 24)

FTZ Approved for Camera and Accessories Kitting

On May 21, 2014, the March Joint Powers Authority, grantee of Foreign Trade Zone ("FTZ") 244, submitted a notification of proposed production activity to the FTZ Board on behalf of ModusLink Global Solutions, within Site 5, in Riverside, California. ModusLink performs assembly, kitting, programming, testing, packaging, final stage processing, warehousing and distribution of GoPro cameras and accessory kits in combination with other related items including but not limited to accessories, gift items and batteries. ModusLink sought production authority for combining imported components and parts into a retail package that will result in a tariff shift for those components. The kitting will cause a tariff shift as the package will be classified according to the essential character, the camera. This will result in the kit falling under a new HTS subheading of the finished product. The result would be a single finished product with a lower duty rate than the rate on the foreign components.

There are two textile product components in the kit, a textile bag pack (classified at 4202.92 Harmonized Tariff Schedule of the United States, with rate of duty of 17.60%) and chest mount harness (classified at 6307.90 HTSUS, with rate of duty of 7.00%) ModusLink will lock in Privileged Foreign Status for textile items, meaning that for those textile items the full duty will be paid and the only benefit, as relating to the textile inputs, will be a deferral in the payment of the duty, which will be paid when the finished kits are shipped, rather than when the components were imported.

Do Patents Really Work?

The stated purpose of granting patents is to provide an incentive for inventors to innovate and to share their innovations with the public.  And as with all public policy it is fair to ask the question:  Does patent policy actually influence the behavior of inventors?  It turns out this is a tough question to answer.  While the anecdotal evidence suggests that patents are doing their job, a truly rigorous study of the question is hindered by two problems.

The first problem is that you really can’t measure behavior statistically.  You can only measure changes in behavior and changes in behavior have to be driven by changes in policy.  And since US patent law and policy has been pretty stable since the 1950’s there are only a limited number of changes available for study.

The second problem is that once you have a policy change one still has to be able to separate the behavior change caused by the policy from other societal factors that may drive changes in behavior.  Patent policy isn’t the only factor that drives inventive activity.  The number of patents granted will be influenced by economic activity, education and income levels as well as host of other potential factors. 

In 2010, David Abrams attempted to measure if patent policy can impact innovator behavior.  And in Did TRIPS Spur Innovation? An Empirical Analysis of Patent Duration and Incentives to Innovate he appears to have found an answer (yes).

For the change to the system, Abrams chose the 1995 implementation of the TRIPS agreement which was part of the GATT approval. Specifically, in the TRIPS agreement the US agreed to change the patent term from 17 years after the patent issue date to 20 years after the patent application date. 

Once Abrams chose the change, his next problem was to isolate the change from other societal factors.  What Abrams did was to use a “difference in differences” methodology.  Abrams described this methodology using an example.  Assume that bankruptcy laws were relaxed significantly for people who earn less than $150,000 per year but not for people who earn over that amount.  Then if, after passage, there is a 10% increase in the rates of bankruptcy the initial conclusion might be that the law increased bankruptcies. What Abrams points out is that there is a way to test this conclusion:  compare bankruptcy rates for people who earn less than $150,000 with those who earn more than $150,000.  His argument is that if the bankruptcy rates between the two groups both increased by 10%, then the law probably had no impact.  Conversely, if there is a significant difference in the increases between the two groups, then the law probably had a significant impact.

Abrams took advantage of the fact that the TRIPS increase in the patent term would be offset by the processing time the USPTO took to approve the patent.  Because these processing times vary by patent classification code, Abrams reasoned that if inventors were rationally influenced by the change in term, he would see more applications in patent classes that had shorter application processing times compared to those with longer processing times.  And, after analyzing over 800,000 patents, this is exactly what he found.  

It doesn’t look like this increase in patent quantity came from a reduction in quality.  Abrams compared forward citations, (a typical quality measure for patents) for patent applications made before and after the term change and found no significant difference.  Unfortunately, since Abrams was measuring differences instead of absolutes there is no way to quantify an absolute increase in applications from this study. 

To be fair, the value of an empirical study with this result is limited.  What makes this study worth noting is that by demonstrating that inventors and innovation can be influenced by patent policy, Abrams created a methodology that allows future researchers to separate the impact of patent policy from other societal factors.  What they will discover only time can tell.

Below is a summary of selected patents that have been recently issued in textile related classification codes:

Sun protective neckwear garment:  An ultraviolet protective garment to protect the user's neck, chest, upper back, chin, and portions of the shoulders. The neckwear garment is a single body tubular unit, with a ship decanter shape.  The neckwear garment is manufactured from flexible, elasticized, fabric with ultraviolet blocking capability. Patent:  8689362.  Inventor:  Lavin.  Not Assigned

Glove and method for producing the same:   A glove having excellent moisture permeability and abrasion resistance of a back portion, and does not trap heat or retain moisture.   A glove has a coating layer of rubber containing air bubbles formed on the back portion of the glove.  The moisture permeability of the coating layer ranges from 1000 to 9000 g/m²·24 hrs. Patent:  8689363.  Inventors:  Kishihara and Ii.  Assignee:  Showa Glove Co.

Belt adjustment system:  A heavy duty belt adjustment system that permit a continuum or larger selection of belt loop sizes..  Patent:  8689364.  Inventors:  Rowland and Hunsucker.  Not Assigned.

Fabric having ultraviolet radiation protection:  A method for treating a fabric for protection from ultraviolet radiation.  The method comprises washing the fabric in a washing machine with a suspension of zinc oxide particles treated with an acid polymer.  This binds the zinc oxide to the fabric.  Patent:  8690964.  Inventors:  Kramer, et.al.  Assignee:  The Sweet Living Group, LLC

Paper finishing process:  A process for applying a finishing paper material on a leather or woven support material is described, comprising the steps of: first buttering of glue on a surface of the support material, positioning the finishing material on said support material, ironing, perching, second buttering of glue, and a finishing step.  Patent:  8690965.  Inventor:  Magrin and Pellizzari.  Assignee:  G & G S.R.L. (Societa Unipersonale)

Tobacco plant derived dye and process of making the same:  A dye and process to make a dye produced from tobacco plant materials In a preferred embodiment, the tobacco plants are organically grown and the stems and leaves of the plants are utilized to produce the dye. The process percolates a hot enzyme solution onto ground plant materials to produce tobacco plant fiber and the dye. The dye can be produced in many colors, does not require a mordant to bind and does not produce waste..  Patent:  8690966.  Inventor:  Devall.  Assignee:  PBO, Inc.

High tear strength flame resistant cotton fabric:  An affordable flame resistant cotton fabric with better tear strength. The 100% cotton yarn is produced using a combination of compact spinning technology and gassing and/or singeing process performed in tandem.  The yarn is turned into fabric through normal processes.  A flame retardant is applied with appropriate finishing chemicals.   Patent:  8689413.  Inventor:  Ramaswami.  Not Assigned.

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.

FTC to Examine Consumer Perception of Environmental Marketing Claims.

The Federal Trade Commission plans to conduct a study to examine consumer perception of environmental marketing claims. Comments must be received on or before October 20, 2014.

I. Background

The Commission's Guides for the Use of Environmental Marketing Claims ("Green Guides" or "Guides") help marketers avoid making unfair and deceptive environmental claims. The Guides outline general principles that apply to all environmental marketing claims and provide guidance regarding specific categories of such claims. These categories include: General environmental benefit claims such as "environmentally friendly"; degradable claims; compostable claims; recyclable claims; recycled content claims; source reduction claims; refillable claims; and "free-of" claims. The Green Guides explain how reasonable consumers are likely to interpret claims within these categories. The Guides also describe the basic elements necessary to substantiate claims and present options for qualifying them to avoid deception. The illustrative qualifications provide "safe harbors" for marketers who want certainty, but do not represent the only permissible approaches. Currently, the Guides do not provide specific guidance regarding "organic" claims.

US Proceeds with Labor Enforcement Case Against Free Trade Partner Guatemala

On September 18, 2014, United States Trade Representative Michael Froman, joined by President Trumka of the AFL-CIO, Ranking Member Levin, Representatives Becerra and Price, and Deputy Secretary of Labor Chris Lu to announced that the Obama Administration was taking action on behalf of workers, both here and around the world, by proceeding with a labor enforcement case against Guatemala under the Dominican Republic-Central America Free Trade Agreement ("DR-CAFTA").

BACKGROUND. On April 23, 2008, the AFL-CIO and six Guatemalan unions filed a petition, the first of its kind, under the labor provisions of DR-CAFTA with the U.S. Department of Labor’s Office of Trade & Labor Affairs.

Federal Business Opportunities for Tuesday, September 23, 2014

Recently posted federal business opportunities.

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Title:             Tent Parts for Niger
Agency:            Department of the Air Force
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Title:             83--SHELTER SYSTEM
Agency:            Department of the Army
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Title:             84--Flame Resistant Cargo Pants & Long Sleeve Shirts
Agency:            Department of the Army
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Title:             Tents
Agency:            Department of the Air Force
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Title:             84--Procure Body Armor
Agency:            Department of State
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Title:             84--Dress Riding Boots
Agency:            Department of the Army
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Title:             83--TENT, RDS
Agency:            Defense Logistics Agency
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Title:             Student Uniforms and Clothing
Agency:            Department of Labor
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Title:             84--FIREFIGHTER STATION WEAR: MUST MEET NFPA-1975 REQMTS
Agency:            Department of the Navy
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Title:             84--WHITE CANVAS DECK SHOES
Agency:            Department of Justice
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Title:             84--OPTION - Law Enforcement Equipment IDIQ
Agency:            Department of the Army
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Title:             VISOR, FLYER'S HELMET, CLEAR AND NEUTRAL
Agency:            Defense Logistics Agency
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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.

Marine Boot Contract Awarded

McRae Industries, Inc., Mount Gilead, North Carolina, has been awarded a maximum $6,963,008 modification (P00103) exercising the first option year on a one-year base contract (SPM1C1-13-D-1075), with four one-year option periods. This is a firm-fixed-price contract for hot weather boots. Location of performance is North Carolina, with a Sept. 22, 2015 performance completion date. Using military service is Marine Corps. Type of appropriation is fiscal 2014 defense working capital funds. The contracting activity is the Defense Logistics Agency Troop Support, Philadelphia, Pennsylvania.

USTIC Institutes Section 337 Investigation of Certain Laser Abraded Denim Garments

The U.S. International Trade Commission ("USITC") has instituted an investigation of certain laser abraded denim garments. The products at issue in this investigation are denim garments, including jeans and leggings, that have been abraded with a laser to apply designs or to simulate wear.

The investigation is based on a complaint filed by RevoLaze, LLC, and TechnoLines, LLC, both of Westlake, OH, on August 18, 2014. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain laser abraded denim garments that infringe patents asserted by the complainants. The complainants request that the USITC issue a general exclusion order, or in the alternative a limited exclusion order, and cease and desist orders.

The USITC has identified the following as respondents in this investigation:

Abercrombie & Fitch Co. of New Albany, OH;
American Eagle Outfitters, Inc., of Pittsburgh, PA;
BBC Apparel Group, LLC, of New York, NY;
Gotham Licensing Group, LLC, of New York, NY;
The Buckle, Inc., of Kearney, NE;
Buffalo International ULC of Montreal, Quebec, Canada;
1724982 Alberta ULC of Montreal, Quebec, Canada;
Diesel S.p.A. of Breganze (VI), Italy;
DL1961 Premium Denim Inc. of New York, NY;
Eddie Bauer LLC of Bellevue, WA;
The Gap, Inc., of San Francisco, CA;
Guess?, Inc., of Los Angeles, CA;
H&M Hennes & Mauritz AB of Stockholm, Sweden;
H&M Hennes & Mauritz LP of New York, NY;
Roberto Cavalli S.p.A. of Milan, Italy;
Koos Manufacturing, Inc., of South Gate, CA;
Levi Strauss & Co. of San Francisco, CA;
Lucky Brand Dungarees, Inc., of Los Angeles, CA;
Fashion Box S.p.A. of Asolo (Treviso), Italy; and
VF Corporation of Greensboro, NC.

Trade Advisor Service Celebrates Six Months of Helping Industry

The end of September will mark six months of Agathon Associates Trade Advisor, an annual subscription service designed to assist textile and related companies stay abreast of the latest developments in U.S. regulations affecting:

• textile and wool product labeling,
• consumer product safety regulations relating to textiles and related products,
• foreign trade zone applications relating to textiles and related products,
• U.S. Customs and Border Protection tariff classification, country of origin, and marking regulations and decisions relating to textiles and textile products,
• compliance with the regulations for free trade agreements and trade preference programs as they affect trade in textiles and textile products, and
• proposed legislation that touches on rules and regulations for textiles and textile products.

Subscribers to this annual service access to valuable information on the subscribers-only pages of Agathon Associates website. Some of the recent postings on subscribers-only pages have included:

• point-by-point analysis of the recent changes to the Federal Trade Commission Wool Rules,
• background, including links to original submissions and rebuttals, relating to a recent foreign trade zone application for woven fabric of cotton or polyester,
• update on recent development in the U.S.-Panama Trade Promotion Agreement and details on the paperwork requirement for that program, and
• detailed background and analysis of a recent foreign trade zone application relating to upholstery fabric.

Subscribers also benefit from the 20-years experience of Agathon Associates' Principal David Trumbull, who is available to answer questions about U.S. regulations affecting textiles and textile products. As a subscriber, quick answers to your questions will be just a phone call or email away. David has represented U.S. textile interests in trade and development policies at negotiations and conferences throughout North America, Western Europe, East Asia, and sub-Saharan Africa. He was appointed, in 2007, to the Industry Trade Advisory Committee on Textile and Clothing ("ITAC 13") by Ambassador Susan C. Schwab and Secretary Carlos M. Gutierrez. Re-appointed, in 2010, to ITAC 13 by Ambassador Ronald Kirk and Secretary Gary Locke.

The cost of this service is just $2,500 per year. Subscribers joining mid-year will have their subscription cost pro-rated, so you can SUBSCRIBE NOW FOR $1,250.

Already Agathon Associates has signed by subscribers in the wool textile, knitted textile, and man-made fiber yarn sectors of the industry.

For more information, or to sign up, call David at 617-237-6008.

Report Finds Forced Labor Widespread in Malaysia

The Obama Administration's goal, via the Trans-Pacific Partnership free trade agreement, of giving Malaysia duty-free access to the American market may have received a setback this week in the form of a report on the widespread use of forced labor in that nation.

Malaysia’s electronics sector workforce includes hundreds of thousands of foreign migrant workers who come to Malaysia on the promise of a good salary and steady work – an opportunity to make a better life for themselves and their families. But many are subject to high recruitment fees, personal debt, complicated recruitment processes, lack of transparency about their eventual working conditions, and inadequate legal protections. Unscrupulous behavior on the part of employers or third-party employment agents can exacerbate vulnerability to exploitation, but the system in which foreign workers are recruited, placed and managed is complex enough to create vulnerability even in the absence of willful intent to exploit. The conditions faced by foreign electronics workers in Malaysia have the potential to result in forced labor.

In 2012, the not-for-profit organization Verité received funding from the US Department of Labor to conduct a study to determine whether such forced labor does, in fact, exist in the production of electronic goods in Malaysia. READ THE REPORT HERE.

Army Textile Contracts Awarded

Mills Manufacturing Corporation, Asheville, North Carolina (W56HZV-14-D-0115), and Pioneer Aerospace Corporation, South Windsor, Connecticut (W56HZV-14-D-0116), were awarded a $25,350,000 firm-fixed-price, multiyear contract for a maximum quantity of 6,250 MC-6 personnel parachute systems and 3,125 MC-6 canopies Under the contract, the companies will compete for the maximum quantity of both the systems and canopies. Funding and work location will be determined with each order, with an estimated completion date of March 15, 2021. Bids were solicited via the Internet, with three received. Army Contracting Command, Warren, Michigan is the contracting activity.

Quincy Bag Co. Inc., Dubuque, Iowa, was awarded an $8,393,200 firm-fixed-price, indefinite-delivery/indefinite-quantity contract, with options, for standard and large sandbags, and poly sheets in support of the National Flood Fight Center. Funding and work location will be determined with each order, with an estimated completion date of Sept. 30, 2015. Bids were solicited via the Internet, with three received. U.S. Army Corps of Engineers, Rock Island, Illinois, is the contracting activity (W912EK-14-D-0005).

A Quarter Century of Declines in Textile and Apparel Employment

Data on number of employees by industry in the U.S. is published by the U.S. Department of Labor Bureau of Labor Statistics. Below are three tables showing employment, in thousands of jobs, for three industry sectors than may be of interest the readers of Agathon Associates' Textiles and Trade Blog.

Textile Mill Employment (NAICS 313) which covers fiber, yarn, and thread mills and all types of fabric formation and fabric dyeing printing and finishing.

Year	Jan	Feb	Mar	Apr	May	Jun	Jul	Sep	Oct	Nov	Dec
1990	503.3	500.1	497.7	495.8	491.1	491.3	487.2	488.3	489.3	485.3	483
1991	482.9	477.6	478.3	477.4	478.2	478.8	479.8	480.2	483.6	481	480.5
1992	479.2	479.9	480.3	479.5	478.9	478.7	478.8	479.1	478.3	477.6	478.9
1993	479.1	480.2	479.6	481.2	481.1	479.9	478.6	477.9	477.2	475.9	477.3
1994	477.6	475.8	476.1	475.2	475.6	476.9	477.7	478.8	480	480.2	480.4
1995	480.9	480.9	479.5	479.6	474.1	470.9	464.6	461.9	457.8	456.6	453.2
1996	449.3	448.4	446.1	442.8	444.1	443.7	442.8	440.3	441.3	438.9	437.9
1997	438.3	436.7	438.7	436.6	436.1	436.3	435.8	434.4	435.3	434.5	435.6
1998	433.9	433.5	432.2	431.4	429.9	426.7	422.4	420.1	417.2	414.5	412
1999	409.6	406.9	404	401.5	398.7	396.6	395.8	391.9	390.9	388.5	387.1
2000	384.9	384.4	383.2	381.7	380.5	380	379.5	376.2	373.1	370.9	367.5
2001	364.7	353	352.2	346.5	341.7	335.8	330.4	318.7	314.2	308.7	306.3
2002	302	298.5	297	295.2	293.4	291.8	291.4	286.5	283.8	282.4	280.4
2003	279.4	276.9	274.1	271.2	267	264.8	256.9	251.7	249.3	247.2	243.4
2004	241.6	239.8	240.7	240.4	239.1	237.6	236.6	235.1	233.5	231.4	230.1
2005	227	225.1	223.6	221	220.4	219.7	217.6	214.2	212.5	209.2	207.9
2006	207.8	206	202.7	201.7	199.1	196.2	194.6	187.8	186.2	184.3	184
2007	180	177.3	175.8	173.2	171.2	170.7	167.8	164.5	164.4	163.9	162.6
2008	161.7	161.3	159	156.1	154.5	151	148.9	148.2	146.2	140.7	136.8
2009	133.5	130.4	128.3	126.5	125.2	123	120.6	120.3	119.9	121	121.1
2010	117.1	119.9	119.2	119.4	119.3	119.4	119.2	118.4	119	118.8	119.5
2011	119.2	120.2	120.6	121.2	121	120.9	121.4	120.1	118.9	118.1	118.6
2012	119.4	119	119	118.9	118.6	118.4	118.6	119.4	118.1	118.2	117.5
2013	117.3	117.3	117	117	116.3	117.1	117	116.5	117.6	116.6	118
2014	116.1	117.4	117	117.2	116.7	116.7	116.7(P)

Textile Product Mills (NAICS 314) which covers carpet mills; bed, bath, and kitchen linen manufacturing; curtain and draperies; textile bag manufacturing; and cord, twin, and rope manufacturing.

Year	Jan	Feb	Mar	Apr	May	Jun	Jul	Sep	Oct	Nov	Dec
1990	243.5	242.5	241.3	239.8	238	236	233.7	232.9	231	228.3	226.9
1991	227.3	224.9	224	223.3	222.7	223.9	224	225.8	226.6	226.9	227
1992	226.4	226.8	226.8	227.6	228.2	228.2	228.3	227.8	228.5	229.6	229.6
1993	229.8	230.4	230.9	231.2	231.9	231.7	231.8	233.9	234.5	235.4	236.6
1994	238	238.8	239.9	241	241.6	243.3	244.5	246.2	245.9	245.6	246.6
1995	248.3	247.3	246.6	244.9	243.2	241.3	240.4	239	239.3	238.3	237.8
1996	236.7	237.6	236.7	236.8	237	237.4	237.2	237.1	237.2	237.1	237
1997	237.8	237.8	237.5	236.5	236.5	236.1	236.2	235.7	235.6	235.4	235.2
1998	235.5	235.7	235.6	235.9	235.7	235.1	232	234.7	233.9	232.3	233.8
1999	233.7	232.5	232.6	232.2	232.5	232.7	232	231.9	232	232.1	232
2000	230.9	232.1	232.2	231.6	230.6	229.7	229.3	227.9	227.8	227.3	227.2
2001	224.9	224.9	222.7	221.7	219.4	219.1	217.9	213.9	211.1	207.6	208.3
2002	208.6	207	206.6	206.1	205.9	204.9	204.2	202.3	201.9	200.9	199.2
2003	195.8	196.9	195.1	192.3	190.5	189.5	186.1	182.2	181.3	181.6	181.6
2004	182.8	182.3	184.6	186.3	187.7	185.4	183.8	182.2	181.2	180.3	179.6
2005	177.6	177.3	178.3	178.6	179.7	176.9	176.2	175.7	175.2	173.9	173
2006	173.1	172.2	169.2	166.1	166.5	166.6	167.3	165.2	163.6	162	161
2007	161.7	161.6	160.3	160.2	158.4	158.1	157	154.3	153.8	154.4	153.3
2008	151.6	151.1	152.1	151.7	150.4	146.9	146.3	144.8	143.6	142.3	140.4
2009	137.7	134	128.5	126.1	124.9	124	122.8	123.4	122.4	121.5	120.3
2010	119.8	119.6	118.7	119.5	120.2	119.9	120.1	120	118.3	116.8	117.2
2011	117	117.8	118.3	118.6	118.8	119	119.1	116.8	116.1	116.5	115.7
2012	114.6	116	116.5	117.3	117.5	116.8	116.2	115.3	116	116.2	116.6
2013	116.4	115.7	115	113.5	112.7	112.9	112.6	112.8	112.1	113	111.8
2014	111	111	111.1	110.8	111.1	110.4	112.7(P)

Apparel Manufacturing. (NAICS 316).

Year	Jan	Feb	Mar	Apr	May	Jun	Jul	Sep	Oct	Nov	Dec
1990	938.6	924.9	918.9	915.7	908.5	902.7	892.6	891.5	886	879.4	877
1991	880.4	874.1	872.8	865.9	868.3	871	874.2	875.7	884.2	886.8	891.1
1992	887	886.2	884	883.2	881.5	881.2	881.5	869.8	871.1	871.4	872.5
1993	871.2	873.3	871.2	866.8	865.4	861.6	854	849.3	843.4	842	836.5
1994	834.9	831.9	831.9	832.6	834	832.1	831.9	833.1	834.6	831.7	830.5
1995	826.2	818.4	812.9	810.2	804.2	796.3	789.6	778.7	765.9	757.7	749.4
1996	741.4	746.3	736.5	731	725.9	720.5	718.2	711.7	710.7	706.9	704.6
1997	701.1	702	694.4	691.4	687.3	682.6	673.4	670.3	667.8	664.1	660.5
1998	656.3	650.2	643.6	635.8	629.2	623.9	619.2	609.5	598.3	589.7	585.7
1999	581.4	569.6	560.8	554.8	549	541.4	532.7	523.2	518	514.7	509.5
2000	504	501.5	499.6	495.3	490.3	486.5	483.1	472.4	468.7	464.4	459.9
2001	456.6	451	447.2	438.6	429.5	420.4	415.7	392.1	385.2	376	371.3
2002	365.6	361.3	357	353.3	352.3	353.2	351.4	345.6	341	338	333.1
2003	327	321.2	317.9	311.7	309.5	304.8	295.5	291.2	291.8	290.5	288.6
2004	287	286.6	285.7	283.5	282.5	279	276.9	274.8	271.1	267.5	266
2005	264.2	262.2	258.5	257.3	253.4	251.2	248.8	244.5	240.2	240.6	239.6
2006	239.3	239.3	237.6	237.2	234.9	234.4	233.1	228.2	227.4	225.1	224.6
2007	222.4	220.2	219.7	217.9	216.8	214.6	214.4	210.6	209.9	209.6	208.5
2008	206.7	205.2	203.8	202.5	201.1	200.4	200.5	198.6	193.4	189.4	183.9
2009	177.2	177.2	174.6	170.1	170	164.2	166.6	163.6	161.2	158.6	160.1
2010	160.9	161.4	158.9	157.3	156.4	156.2	156.1	153.7	154	153.7	155.2
2011	154.3	152.7	151.7	152.6	152.3	152	149.7	152.2	152.1	151.1	149.6
2012	148.6	148.5	149.5	149.9	149.8	148	147.8	146.9	146.8	146.8	147.2
2013	147.4	148.1	145.2	142.4	142.5	141.6	141	140.2	140.3	139.7	138.7
2014	137.6	136.7	135.3	134.1	132.2	132.1	131.3(P)

Karl Spilhaus to Speak at Cashmere World in Hong Kong

Karl Spilhaus, President, Cashmere and Camel Hair Manufacturers Institute and Chairman, American Textile History Museum, will speak at Cashmere World, which will be held in Hong Kong, September 25-27, 2014.

Among the topics he will address are the challenges the fine fibres industry faces at the moment. Adequate supply of the best quality raw materials is an increasing problem for the members of CCMI. Vast cultural changes in China are having their effect on the industry. A more affluent population is demanding meat and dairy in their diet and this affects goat production. Actions to prevent desertification are having an effect on the quality and the micron of the raw material as are efforts to increase yield through the introduction of non-cashmere goats.

He will also address the steps has the CCMI taken recently to protect the integrity of cashmere and other fine fibre products in the marketplace. CCMI continues to aggressively police the marketplace for mislabeled cashmere and superfine wool products. Recently we have been very pleased with breakthroughs in fine fibre analysis with biochemical methods. The application of these objective methods will provide significant confidence to legitimate players in the cashmere supply chain and eliminate many difficult issues around fibre identification. CLICK HERE TO READ MORE

DNA Authentication Technology Use to Interdict $1 Million in Textile Shipments

Applied DNA Sciences' DNA authentication technology was recently used to interdict a shipment of mislabeled textiles resulting in over $1 million of inventory held in quarantine. The products consist of an assortment of yarn, finished fabric and garments that could have been mislabeled, and subsequently, marketed and sold in retail outlets in the United States and around the world...READ MORE

Final Rule Adopted for National Sheep Industry Improvement Center

The Agricultural Marketing Service ("AMS") has affirmed without changes, its interim rule to promulgate rules and regulations as provided under the Agriculture Act of 2014 (2014 Farm Bill). The Agricultural Marketing Service (AMS) amends the National Sheep Industry Improvement Center (NSIIC) regulations to redesignate the statutory authority from the Consolidated Farm and Rural Development Act to the Agricultural Marketing Act of 1946, amends the definition of Act consistent with the redesignated statutory authority, and amends the regulations by increasing the administrative cap for the use of the fund from 3 percent to 10 percent.

DATES: Effective Date: September 18, 2014.

FOR FURTHER INFORMATION CONTACT: Kenneth R. Payne, Director, Research and Promotion Division, Livestock, Poultry, and Seed Program; Telephone 202/720-5705; Fax: 202/720-1125; or email Kenneth.Payne@ams.usda.gov.

SUPPLEMENTARY INFORMATION: This action affirms the interim rule (79 FR 31843) published in the Federal Register on June 3, 2014, which redesignates the statutory authority for the program from section 375 (7 U.S.C. 2008j) of the Consolidated Farm and Rural Development Act to section 210 of the Agricultural Marketing Act of 1946 (7 U.S.C. 1621-1627).

Federal Prison Industries Awarded $13.5 Million Army Uniform Contract

Federal Prison Industries, Inc., doing business as UNICOR, Washington, District of Columbia, has been awarded a maximum $13,533,000 modification (P00102) on a one-year base contract (SPM1C1-12-D-P512), with two one-year option periods. This is a firm-fixed-price contract for Army physical fitness uniform jackets. Locations of performance are Washington, District of Columbia, and Virginia, with a Sept. 19, 2015, performance completion date. Using military service is Army. Type of appropriation is fiscal 2014 defense working capital funds. The contracting activity is the Defense Logistics Agency Troop Support, Philadelphia, Pennsylvania.

Flock Association Annual Meeting

Join with industry leaders at the 29th Annual Meeting of the American Flock Association, October 27-28, 2014, at North Carolina State University College of Textiles, Raleigh, N.C. This special meeting will focus on the future of the flocking industry and the AFA's relationship with NC State. There will be a tour of the College of Textiles laboratories and an opportunity to discuss technical issues. The registration form and a discount housing link can be found here. Questions? Contact Steve Rosenthal.

Revolaze and the ITC

On August 15^h, Revolaze filed patent infringement lawsuits against 17 importers of denim products.  They followed this up on August 18^th with a complaint against the same 17 importers requesting a 337 investigation from the US International Trade Commission (ITC).  If successful, the 337 complaint could result in an exclusion order which would prevent the import of the infringing products into the US.  

Revolaze manufactures laser etching technology for multiple uses including etching patterns in denim and denim abrasion technology that replaces the existing sandblasting and enzyme processing techniques used by the industry.  They own 16 US patents on the technology and claim another 13 patents worldwide.  I believe they have 9 additional US applications pending.  I haven’t seen the infringement or 337 complaints so I cannot definitively say which patents Revolaze is trying to enforce.  However, if you want a feel for what is going on, I would start with their denim patents 6495237, 6807456, 6819972, 6858815 and then two of their broader patents 6140602 and 7699896.

So what specifically is a 337 complaint?  The 337 complaint gets its name from the section of the original law that created it:  Section 337 of the Tariff Act of 1930.  In this section, now also known as 19 USC §1337, unfair methods or unfair acts of competition are declared unlawful when they result in substantial injury to an industry, prevent the establishment of an industry or restrain or monopolize trade and commerce in the United States. 

The law also prohibits the importation of articles that infringe on a US patent.  This protection extends to articles that may not themselves infringe on a patent but were manufactured with a process that does infringe on a US patent.  The law also prohibits import of articles that infringe on copyrights and trademarks as well as other forms of intellectual property protection.  These protections apply when an industry exists within the United States that is related to the protected articles.  The indicators that an industry exists are:  significant investment in plant and equipment, significant employment of labor and capital, or substantial investment in its exploitation, including engineering, research and development, or licensing. 

By law the ITC has to initiate an investigation on receipt of a complaint alleging a violation, It can also initiate an investigation on its own authority.  If, after its investigation, the ITC determines that a violation has occurred it has three options:  it can exclude the articles from entry, it can permit the articles to enter under bond, or it can issue a cease and desist letter.  Normally the ITC excludes the articles from entry.  The other options appear to be available for situations where the determinations aren’t final, for example when a decision is under appeal or a consent order is agreed to.

One advantage of using a 337 proceeding to supplement an infringement lawsuit is that it is an expedited process.  Typically, evidence is heard within a year and a decision is usually issued in 16 months.  And because this schedule is statutory in nature defendants are less able to delay the proceedings through the use of indefinite extensions or other devices.  However, a 337 proceeding only provides import relief.  An infringement lawsuit is still required when a plaintiff wants monetary damages or an injunction against domestic infringement.     

While 337 proceedings are well known in the electronics industries, their use in other industries, including textiles, has been limited.  However, it is available to all US patent holders.   And based on the reaction of the apparel industry to this case, it would seem to be a pretty powerful tool.

Below is a summary of selected patents that have been recently issued in textile related classification codes:

Impact-attenuation members with lateral and shear force stability and products containing such members:  It’s a different bud and different shoe, but the invention is the same as 8689466.  Patent:  8689466.  Inventor:  Aveni, et.al.  Assignee:  Nike, Inc.

Sole structure with visual effects:  A multi-colored effect for a sole for an article of shoe. . Patent:  8689467.  Inventor:  Miner.  Assignee:  Nike, Inc.

Footwear cleat:  A golf cleat with a series of dynamic structures that hold the cleat in place during the stresses of a golf swing.  Patent:  8689468.  Inventor:  Curley.  Not Assigned.

Removable spat for a shoe:  A removable spat to protect a shoe from the mud an muck of outdoor wear.  The spat includes a boot portion having a back opening and a front end, and a sleeve connected to the boot portion. Patent:  8689469.  Inventor:  Foxen, et.al.  Assignee:  Nike, Inc.

Internal support structure for an athletic support bra, and associated method of fabrication:  A support structure for a bra includes a two-ply structural support layer having an m-shaped ply of compression fabric.  When joined with straps of a sports bra or top, the two-ply structural support layer provides sling-type support of the breasts. Compressive fabric of the bra or top compresses the breasts to a wearer's chest; thus, a bra or top incorporating the support structure provides three-way support via encapsulation, suspension and compression.  Patent:  8690634.  Inventors:  Heath and Krueger.  Assignee:  Sturdy Girl Sports, LLC

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.