CBERA Continues to Have a Small but Positive Impact on Beneficiary Countries and a Negligible Effect on U.S. Consumers; Imports Declined in 2016, Says USITC

On September 29, 2017, the USITC released Caribbean Basin Economic Recovery Act: Impact on U.S. Industries and Consumers and on Beneficiary Countries, Twenty-third Report, 2015-16 (Inv. No. 332-227, USITC Publication 4728, September 2017)

• CBERA has encouraged several beneficiary countries to develop niche exports to the United States, including polystyrene from The Bahamas, fruits and fruit juices from Belize, and electronic products from St. Kitts and Nevis.
• The report found that investment for the near-term production and export of CBERA-eligible products is not likely to result in imports that would have a measurable economic impact on the U.S. economy generally and on U.S. producers.
• Exporting CBERA-eligible goods is a challenge for many CBERA beneficiaries because of supply-side constraints, including inadequate infrastructure and an increasing focus on the export of services. However, special CBERA provisions for Haiti have had a strong, positive effect on export earnings and job creation in Haiti's apparel sector.

Textile and apparel imports under CBERA decreased slightly overall, but textile and apparel imports under the HOPE and HELP Acts increased. The value of U.S. imports of textiles and apparel entering under CBERA trade preferences dropped 22.3 percent, from $396.8 million in 2015 to $308.2 million in 2016. The decrease in the value of U.S. imports of textile and apparel goods under CBERA was greater than the 6.4 percent drop in overall U.S. imports of textiles and apparel in 2016. The latter decline reflects a volatile retail environment in 2016, with some U.S. retailers facing bankruptcies and store closures. Haiti continues to be the top CBERA supplier of U.S. textile and apparel imports in 2016, accounting for more than 99 percent of such imports. Although total textile and apparel imports from Haiti dropped from 2015 to $848.5 million in 2016, U.S. imports from Haiti under the HOPE/HELP trade preference provisions increased by 7.5 percent to $535.0 million in 2016. More than 60 percent of the duty free imports of textile and apparel from Haiti now utilize the HOPE/HELP preferences rather than the older but more narrowly defined CBTPA preferences.

Illinois Firm Barred from Making Misleading Baby Mattress Claims

Moonlight Slumber could not support claims its products are organic, free of volatile organic compounds

Moonlight Slumber, LLC, an Elgin, Illinois-based firm that advertised its baby mattresses as organic and free of volatile organic compounds (VOCs), has agreed to settle Federal Trade Commission charges that it misrepresented or could not support its claims to consumers. The case is the FTC’s first challenging “organic” product claims.

The FTC’s administrative complaint charges that in marketing and advertising its baby mattresses, Moonlight Slumber misrepresented a range of claims on its website and in its packaging. For example, the complaint alleges the company represented that its Starlight Simplicity and Little Star mattresses are “organic.” According to the FTC, however, very little of the mattresses were made from organic material.

In addition, the company represented that its Little Star mattress contains a “Natural Latex Core” and that many of its mattresses are made from plant-based foam. The FTC alleges that, in actuality, the core of the Little Star mattress was made from synthetic material and the foam in the mattresses contained little or no plant-based material.

The complaint also alleges that the company falsely claimed that testing proves “that there are no VOCs (volatile organic compounds, commonly known as ‘Off Gassing’) from Moonlight Slumber products.”

Finally, the complaint states that the company represented that its mattresses were certified by the “Green Safety Shield” in its ads, but failed to disclose that the Green Safety Shield was Moonlight Slumber’s own designation, and that it awarded it to its own products.

The proposed order settling the FTC’s charges prohibits Moonlight Slumber from making misleading representations regarding whether any mattress, blanket, pillow, pad, foam-containing product, or sleep-related product is organic, natural, or plant-based; regarding the emissions from such products; or about the general environmental and health benefits of such products. It also requires the company to have competent and reliable evidence, including scientific evidence when appropriate, to support any claims in these areas.

Next, the proposed order prohibits Moonlight Slumber from representing that covered products are emissions-free or VOC-free, unless the representations are non misleading and the company has competent and reliable scientific evidence substantiating them.

The order also prohibits the company from misrepresenting the results of any tests or studies, or that any claimed benefit is scientifically or clinically proven. Finally, the proposed order prohibits the company from disseminating misleading certifications, or from failing to disclose that the company has a material connection to an endorser.

NOTICE: Withdrawal of Request for Commercial Determination to Add Certain Polyester/Acrylic/Rayon Woven Flannel Fabric under CAFTA-DR

On September 27, 2018, the Chairman of the Committee for the Implementation of Textile Agreements (CITA) received notice that School Apparel, Inc. has withdrawn its Request for a Commercial Availability Determination for certain polyester/acrylic/rayon woven flannel fabric under the CAFTA-DR commercial availability provision.

The original Request was filed on September 8, 2017. CITA notified interested parties, inviting Responses with Offers to Supply the subject product or a substitute. On September 22, 2017, International Trade Group/Burlington World Wide submitted its Response with an Offer to Supply the subject fabric. As a result of School Apparel, Inc.'s withdrawal of its Request, the proceeding is now closed.

Department of Defense Clothing Contract Awarded

Aurora Industries, Camuy, Puerto Rico, has been awarded a maximum $21,918,095 modification (P00011) exercising the first one-year option period of a one-year base contract (SPE1C1-17-D-1010) with three one-year option periods for Army aircrew combat uniform, operational camouflage pattern coats and trousers. This is a firm-fixed-price, indefinite-quantity contract. Location of performance is Puerto Rico, with a Sept. 26, 2018, performance completion date. Using military services are Army and Air Force. Type of appropriation is fiscal 2017 through 2018 defense working capital funds. The contracting activity is the Defense Logistics Agency Troop Support, Philadelphia, Pennsylvania.

Monday is Columbus Day in the U.S.A.

Monday, October 9th, is Columbus Day, a federal holiday in the United States. National, state, and local government offices will be closed. Observance of the holiday by the private sector varies from region to region.

Columbus and the Last Hope of Mankind

"We do not read even of the discovery of this continent, without feeling something of a personal interest in the event; without being reminded how much it has affected our own fortunes and our own existence. It would be still more unnatural for us, therefore, than for others, to contemplate with unaffected minds that interesting, I may say that most touching and pathetic scene, when the great discoverer of America stood on the deck of his shattered bark, the shades of night falling on the sea, yet no man sleeping; tossed on the billows of an unknown ocean, yet the stronger billows of alternate hope and despair tossing his own troubled thoughts; extending forward his harassed frame, straining westward his anxious and eager eyes, till Heaven at last granted him a moment of rapture and ecstasy, in blessing his vision with the sight of the unknown world." -- Daniel Webster, First Bunker Hill Monument Oration, 1825

In Boston we are surrounded by familiar sights -- Old North Church, the Old State House, Old South Meeting House, and the other stops on the Freedom Trail -- that remind us of Boston's unique Revolutionary War history. At 242 years distance from 1775, we are nearly two-and-a–half centuries removed from the beginning of the American War of Independence. In like manner, 1775 was a bit more than two-and-a-half centuries (283 years to be precise) removed from Columbus' discovery of the New World. Independence and the Revolutionary War mark not the beginning, but the halfway point in the history of European civilization in America.

In his remarks, quoted above, Mr. Webster, on the 50th anniversary of the Battle of Bunker Hill, traced the origins of the United States not to the Pilgrims and Plymouth Rock (although he mentions them in the oration), nor to the earlier English settlement of Virginia (not even mentioned by Webster), but to Christopher Columbus and his first "sight of the unknown world."

Others came here earlier -- possibly the Vikings, maybe other Europeans, and certainly the American Indians who arrived most probably from Asia by land-bridge to Alaska. But Webster -- and many of us concur -- begins our history with Columbus. All month we celebrate Italian-American Heritage and we celebrate the brave and persevering Italian navigator who opened the way for immigrants from every nation to settle in this New World and create the United States that remains, to quote again from Webster's speech, "the last hope of mankind." This is a phrase that will be echoed by Abraham Lincoln in his December 1862 Annual Message to Congress ("the last best, hope of earth") and Ronald Reagan in his January 1974 "We Will Be a City on a Hill" speech ("the last best hope of man on earth"). God willing America shall continue for many years as a beacon of liberty.

Mark Kent, 1962 - 2017

Mark B. Kent, a Greenville businessman, community leader and self-described people-person who dove into his family’s textile legacy at a young age, died unexpectedly on Sunday night. He was 55. READ MORE HERE.

US/Canadian/Mexican Industry Urge Negotiators to Preserve TPLs in NAFTA

Ten business groups – representing companies from across the textile and apparel supply chain in Canada, the U.S., and Mexico – urged negotiators to preserve Tariff Preference Levels (TPLs) in the NAFTA negotiations. READ MORE.

AAFA submitted comments to the U.S. Department of Commerce sharing perspectives on Berry and other government procurement issues.

In comments recently submitted, the American Apparel & Footwear Association ("AAFA") to the Trump Administration, expressed strong support for the Berry Amendment, for government procurement commitments in trade agreements, and for closing loopholes in Berry that undermine the very protection it is meant to provide. READ MORE.

2017 Special 301 Out-of-Cycle Review of Colombia: Request for Public Comment

In the 2017 Special 301 Report, the Office of the United States Trade Representative (USTR) announced that, in order to monitor progress on specific intellectual property rights (IPR) issues, USTR would conduct an out-of-cycle review of Colombia. At this time, USTR requests written comments concerning any act, policy, or practice that is relevant to the decision regarding whether and how USTR should identify Colombia based on Colombia's protection for intellectual property rights or market access Columbia provides to U.S. persons who rely on intellectual property protection.

DATES: October 20, 2017 at midnight EST: Deadline for submission of written comments. October 27, 2017 at midnight EST: Deadline for submission of written comments from foreign governments.

I. Background

Pursuant to Section 182 of the Trade Act of 1974 (19 U.S.C. 2242), USTR must identify countries that deny adequate and effective protection for intellectual property rights or deny fair and equitable market access to U.S. persons who rely on intellectual property protection. USTR will identify the countries that have the most onerous or egregious acts, policies, or practices and whose acts, policies, or practices have the greatest adverse impact (actual or potential) on relevant U.S. products as Priority Foreign Countries. Acts, policies, or practices that are the basis of a country's designation as a Priority Foreign Country normally are the subject of an investigation under the Section 301 provisions of the Trade Act (19 U.S.C. 2411 et seq.) USTR may not identify a country as a Priority Foreign Country if that country is entering into good faith negotiations or making significant progress in bilateral or multilateral negotiations to provide adequate and effective protection of intellectual property rights. In addition, USTR has created a ``Priority Watch List'' and a ``Watch List'' under the Special 301 provisions. Placement of a trading partner on the Priority Watch List or Watch List indicates that particular problems exist in that countrywith respect to IPR protection, enforcement, or market access for persons relying on intellectual property. Countries placed on the Priority Watch List are the focus of increased bilateral attention concerning the problem areas.

An Out-of-Cycle Review (OCR) is a tool that USTR uses to encourage progress on IPR issues of concern. It provides an opportunity for heightened engagement with a trading partner to address and remedy such issues. Successful resolution of specific IPR issues of concern or lack of action on such issues can lead to a change in a trading partner's identification on a Special 301 list outside of the typical period for the annual Special 301 Report. USTR may conduct OCRs of other trading partners as circumstances warrant or as requested by the trading partner.

In the 2017 Special 301 Report, which you can find on the USTR Web site at www.ustr.gov, USTR placed Colombia on the Watch List and announced that it would conduct an OCR of Colombia in order to monitor progress on issues relating to IPR protection and enforcement. The OCR of Colombia will include a focus on Colombia's commitment to the intellectual property provisions of the United States-Colombia Trade Promotion Agreement and Colombia's implementation of its National Development Plan.

CPSC to Attend TSO Textiles Meeting in New Orleans

Sunday, October 8 through Friday, October 13, 2017, Paige Witzen, Consumer Product Safety Commission Directorate for Laboratory Sciences will be attending ISO TC38 Meetings for Textiles, Sheraton New Orleans, Louisiana.

2017 Special 301 Out-of-Cycle Review of Thailand: Request for Comments

The Office of the United States Trade Representative ("USTR") is conducting a Special 301 Out-of-Cycle Review of Thailand. USTR requests written comments concerning any act, policy, or practice that is relevant to the decision regarding whether and how USTR should identify Thailand based on Thailand's protection for intellectual property rights or market access Thailand provides to U.S. persons who rely on intellectual property protection.

DATES:

October 20, 2017, at 11:59 p.m. Eastern Time: Deadline for submission of written comments.

October 27, 2017, at 11:59 p.m. Eastern Time: Deadline for submission of written comments from foreign governments.

Pursuant to Section 182 of the Trade Act of 1974 (19 U.S.C. 2242), USTR must identify countries that deny adequate and effective protection for intellectual property rights (IPR) or deny fair and equitable market access to U.S. persons who rely on intellectual property protection. USTR will identify the countries that have the most onerous or egregious acts, policies, or practices and whose acts, policies, or practices have the greatest adverse impact (actual or potential) on relevant U.S. products as Priority Foreign Countries. Acts, policies, or practices that are the basis of a country's designation as a Priority Foreign Country normally are the subject of an investigation under the Section 301 provisions of the Trade Act (19 U.S.C. 2411 et seq.). USTR may not identify a country as a Priority Foreign Country if that country is entering into good faith negotiations or making significant progress in bilateral or multilateral negotiations to provide adequate and effective IPR protection. In addition, USTR has created a ``Priority Watch List'' and a ``Watch List'' under 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 relying on intellectual property. Countries placed on the Priority Watch List are the focus of increased bilateral attention concerning the problem areas.

An Out-of-Cycle Review (OCR) is a tool that USTR uses to encourage progress on IPR issues of concern. It provides an opportunity for heightened engagement with a trading partner to address and remedy such issues. Successful resolution of specific IPR issues of concern or lack of action on such issues can lead to a change in a trading partner's identification on a Special 301 list outside of the typical period for the annual Special 301 Report. USTR may conduct OCRs of other trading partners as circumstances warrant or as requested by the trading partner.

In the 2017 Special 301 Report, USTR placed Thailand on the Priority Watch List but noted that the United States was prepared to review that status if Thailand continued to take positive steps and made substantial progress in addressing the concerns described in the Report. Thailand has requested that USTR conduct an OCR in light of its efforts to achieve substantial progress.

Army Parka Contract Awarded

Coachys & Associates LLC, Canton, Georgia, has been awarded a maximum $12,499,907 modification (P00004) exercising the first one-year option period of a one-year base contract (SPE1C1-16-D-1087) with two one-year option periods for camouflage parkas. This is a firm-fixed-price contract. Locations of performance are Georgia and Tennessee, with a Sept. 27, 2018, performance completion date. Using military service is Army. Type of appropriation is fiscal 2017 through 2018 defense working capital funds. The contracting activity is the Defense Logistics Agency Troop Support, Philadelphia, Pennsylvania.

Manufacturer in Puerto Rico Awarded Two Foreign Military Sales Contracts

Pentaq Manufacturing Corp., Sabana Grande, Puerto Rico, has been awarded a maximum $32,333,000 modification (P00156) exercising the fourth one-year option of a one-year base contract (SPM1C1-13-D-1073) with four one-year option periods for various types of trousers. The modification brings the maximum dollar value of the contract to $99,250,564 from $66,917,564. This is a firm-fixed-price, indefinite-delivery/indefinite-quantity contract. Locations of performance are Puerto Rico, Alabama, Mississippi, and North Carolina, with a Sept. 23, 2018, ordering period end date, and a March 23, 2019, estimated performance completion date. Using customers are Army, Coast Guard and Afghanistan government. Types of appropriation are fiscal 2017 through 2018 defense working capital; and foreign military sales funds. The contracting activity is the Defense Logistics Agency Troop Support, Philadelphia, Pennsylvania.

Pentaq Manufacturing Corp., Sabana Grande, Puerto Rico, has been awarded a maximum $18,456,470 modification (P00140) exercising the fourth one-year option of a one-year base contract (SPM1C1-13-D-1074) with four one-year option periods for various types of trousers. The modification brings the maximum dollar value of the contract to $39,411,238 from $20,954,768. This is a firm-fixed-price, indefinite-delivery/indefinite-quantity contract. Locations of performance are Puerto Rico, Alabama, Mississippi, and North Carolina, with a Sept. 23, 2018, ordering period end date, and a March 23, 2019, estimated performance completion date. Using customers are Army and Afghanistan government. Types of appropriation are fiscal 2017 through 2018 defense working capital; and foreign military sales funds. The contracting activity is the Defense Logistics Agency Troop Support, Philadelphia, Pennsylvania.

Within the U.S. industry it is widely understood that Department of Defense acquisitions of textiles and clothing are government by the Berry Amendment which requires domestic U.S. sourcing. Less well known is that the Berry Amendment applies to all funds "made available" to the Defense Department. That includes Department of Defense procurement for Foreign Military Sales.

Canadian Minister of International Trade to officially welcome CETA provisional application on September 21

On September 21, 2017, The Honourable François-Philippe Champagne, Minister of International Trade, joined by representatives of the Canadian and European Union business communities from a broad cross-section of industries, will mark and celebrate, at the Port of Montreal, the first day for the provisional application of the Canada-European Union Comprehensive Economic and Trade Agreement (CETA). ‎

The event will livestream on September 21, 2017, starting at 10 a.m. ET, on Facebook and Twitter

DEMDACO Recalls Infant Bib and Bootie Sets Due to Choking Hazard

Description:

This recall involves Story Time bib and bootie sets for infants, ages 3 through 6 months. The multi-colored pastel sets were sold in six different child themes and have serial numbers ranging from 5004700491 to 5004700496. The serial number can be found on the side of the bib. The sets were sold under the brand name Nat & Jules.  Rattle attachments sewn into the booties coordinate with the theme.

 

5004700491	Dragon Bib & Bootie Set
5004700492	Sea Creatures Bib & Bootie Set
5004700493	Unicorn Bib & Bootie Set
5004700494	Princess Bib & Bootie Set
5004700495	Pirate Bib & Bootie Set
5004700496	Rocketship Bib & Bootie Set

 

Remedy:

Consumers should immediately stop using the recalled bib sets, take them away from children and return them to any store that sells DEMDACO’s products for a full refund.

Incidents/Injuries:

None reported 

Sold At:

Christus Health Retail Systems, Joseph-Beth Booksellers, More Than Words, The Mole Hole of Peddlers Village & Eash Sales from June 2017 through August 2017 for about $25.

Importer(s):

DEMDACO, of Leawood, Kan.

Distributor(s):

DEMDACO, of Leawood, Kan.

Manufactured In:

China

Units:

About 1,500

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