Wednesday, July 2, 2014

Customs to Revoke 67 Ruling Letters, Says that Certain Textile Costumes Were Incorrectly Classified as Duty-Free

Today U.S. Customs and Border Protection proposed to revoke 67 Binding Ruling Letters relating to certain textile costumes. In the rulings in question, CBP stated that certain textile costumes were classified in heading 9505, Harmonized Tariff Schedule of the United States ("HTSUS"), as festive articles, which are duty-free. However, after carefully reviewing samples and photos representative of the textile costumes that were classified in heading 9505, HTSUS, Customs believes that these rulings were issued in error and contrary to established precedent. Customs has now determined that these costumes should have been excluded from classification in heading 9505, HTSUS, as "fancy dress" pursuant to Note 1(e), Chapter 95, HTSUS, and that these textile costumes are correctly classified as "wearing apparel" in Chapters 61 and 62, HTSUS, and, therefore, subject to the rates of duty set forth for wearing apparel.

The classification of textile costumes, such a Hallowe'en fancy dress was the subject of litigation from 199 to 2003. The case Rubie’s Costume Co. v. United States, produced the following guidance:

  • flimsy, non-durable textile costumes that are not recognized as ordinary articles of apparel are classified under 9505.90.6000, HTSUSA (flimsy); and

  • textile costumes that exceed the flimsy, non-durable standards, or are recognized as ordinary articles of apparel are classified in Chapters 61 or 62, HTSUSA (well-made).

Clients of Agathon Associates and subscribers to Agathon Associates' Trade Advisor Service may read more by CLICKING HERE. 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.

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:

Footwear with counter-supplementing strap:  A shoe with a heel cup formed from a flexible material and a rear strap extends upward around the lateral counter and around the Achilles tendon of the wearer, and is secured to a location on the upper that is forward of the wearer's ankle. This provides for comfort and support for the wearer.  Patent:  8656612.  Inventor:  Hurd and Nurse.  Assignee:  Nike, Inc.

Article of footwear having articulated sole member:  A shoe with a sole comprising multiple individual pieces connected to each other by connectors. The connectors are placed below the top surface of the sole member and above the bottom surface of the sole member. The connectors may connect the individual pieces of the sole member laterally and longitudinally.  Patent:  8656613.  Inventor:  Stockbirdge, et.al.  Assignee:  Skechers U.S.A., Inc. Ii

Customizable stud for an article of footwear:  Customizable studs for shoes.  The ground interaction characteristics can be varied by changing rings alter the contour, height, and material makeup of a stud.  Patent:  8656614.  Inventor:  Auger, et.al.  Assignee:  Nike, Inc.

Gripper head of a weaving machine:  A gripper head for a loom which makes possible a reliable clamping of a band-shaped weft material and avoids damages of the weft material. Patent:  8656962.  Inventor:  Oppl.   Assignee: Lindauer Dornier Gesellschaft Mbh

Compositions for textile coatings:  A single step method for applying silicone coatings, specifically organopolysiloxanes with silicon hydroxy or silicon bound hydrogen groups, that do not require condensation catalysts such as platinum or rhodium.  Patent:  8658547.  Inventor:  Peschko and Mueller.  Assignee:  Wacker Chemie Ag.

Extremely high liquid barrier fabrics:  A nonwoven fabric comprising a support web and a fibrous barrier web, having a hydrohead of at least about 145 cm and a Frazier permeability of at least about 0.3 m3/m2-min.  Patent:  8656548.  Inventor:  Bryner.  Assignee:  E I Du Pont De Nemours And Company.

Nursing bra:  A nursing bra comprising a mesh fabric pocket formed inside of a bra cup for receiving a pad of absorbent material, the pocket interior member having an opening proximate the weaver's breast nipple permitting direct contact between the nipple and pad.  Patent:  8657643.  Inventor: Perez.  Not Assigned.
Advanced engineered garment:  A dual layer under body armor hybrid fabric garment.  The outer layer is made of fire retardant materials for protection while the inner layer is an elastic fabric (for comfort) also made of fire retardant materials.  Patent:  8656512.  Inventor:  Rock, et.al.  Assignee:  Mmi-Ipco, LLC.

Sports glove with impact force attenuation system:  A force attenuation system for a sports (baseball) glove.  The force attenuation system includes a pair of foam layers surrounding a fluid-filled chamber. This configuration allows the force attenuation system to reduce forces that a hand experiences when catching a ball with the glove.
Patent:  8656513.  Inventor:  Plocher.  Assignee:  Nike, Inc.

Padding system:  A modular padding system for outdoor garments that is removable, replaceable, comfortable and secure while maintaining an aesthetically neat and trim look. Patent:  8656514.  Inventor:  Neuron. Assignee:  Patagonia, Inc.

Performance apparel with flexible portion:  An athletic garment may comprising multiple layers where each layer is patterned to provide specific functions.  This allows for garments that can be customized for multiple parameters such as fit or range of motion.   Patent:  8656515.  Inventor:  Newton.  Assignee:  Reebok International Limited.

Children's clothing with hidden harness and exterior handholds:  An article of clothing for children with a hidden harness attached to the interior of the clothing structure and exterior handholds attached to the hidden harness. When a handhold is pulled, the force is spread over the entire hidden harness allowing the force of the grasp to be evenly distributed across the child's frame. The handholds also provide a place of attachment for an extension tether strap. The clothing structure used may be a full body garment, upper body garment, lower body garment or infant garment.  Patent:  8656516.  Inventors:  Rawlings and Reinhardt.  Not Assigned.

Article of footwear including a woven strap system.  A shoe with a woven strap system.  The sole is formed with multiple straps attached to the edge of the sole.  A footbed is placed on top of the sole and a shoe liner/interior component is placed on top of the foot bed.  The straps are fitted into outside of the interior component and are then held in place by the shoelaces.  In effect, the shoelaces hold the entire shoe together.  Patent:  8656606Inventor:  Hooper.  Assignee:  Nike, Inc.

Soles for shoes or other footwear having compartments with computer processor-controlled variable pressure:  An athletic shoe, with a shoe sole with two fluid filled compartments, connected in such a way that the force of the step is cushioned in an anatomically appropriate way.  This shoe is seriously engineered.  Patent:  8656607.  Inventor:  Ellis.  Assignee:  Anatomic Research, Inc. 

Article of footwear with a sole structure having fluid-filled support elements:  A shoe with two fluid filled chamber inserts.  Patent:  8656608.  Inventor:  Goodwin and Crowley.  Assignee:  Nike, Inc. 

Articles with retractable traction elements:  Retractable cleats for use in a shoe.  Patent:  8656610.  Inventor:  Baucom and Gerber.  Assignee:  Nike, Inc.

Articles with retractable traction elements:  Sister patent to the above patent.  Patent:  8656611.  Inventor:  Baucom and Gerber.  Assignee:  Nike, Inc.

Footwear with counter-supplementing strap:  A shoe with a heel cup formed from a flexible material and a rear strap extends upward around the lateral counter and around the Achilles tendon of the wearer, and is secured to a location on the upper that is forward of the wearer's ankle. This provides for comfort and support for the wearer.  Patent:  8656612.  Inventor:  Hurd and Nurse.  Assignee:  Nike, Inc.

Article of footwear having articulated sole member:  A shoe with a sole comprising multiple individual pieces connected to each other by connectors. The connectors are placed below the top surface of the sole member and above the bottom surface of the sole member. The connectors may connect the individual pieces of the sole member laterally and longitudinally.  Patent:  8656613.  Inventor:  Stockbirdge, et.al.  Assignee:  Skechers U.S.A., Inc. Ii

Customizable stud for an article of footwear:  Customizable studs for shoes.  The ground interaction characteristics can be varied by changing rings alter the contour, height, and material makeup of a stud.  Patent:  8656614.  Inventor:  Auger, et.al.  Assignee:  Nike, Inc.

Gripper head of a weaving machine:  A gripper head for a loom which makes possible a reliable clamping of a band-shaped weft material and avoids damages of the weft material. Patent:  8656962.  Inventor:  Oppl.   Assignee: Lindauer Dornier Gesellschaft Mbh

Compositions for textile coatings:  A single step method for applying silicone coatings, specifically organopolysiloxanes with silicon hydroxy or silicon bound hydrogen groups, that do not require condensation catalysts such as platinum or rhodium.  Patent:  8658547.  Inventor:  Peschko and Mueller.  Assignee:  Wacker Chemie Ag.

Extremely high liquid barrier fabrics:  A nonwoven fabric comprising a support web and a fibrous barrier web, having a hydrohead of at least about 145 cm and a Frazier permeability of at least about 0.3 m3/m2-min.  Patent:  8656548.  Inventor:  Bryner.  Assignee:  E I Du Pont De Nemours And Company.

Nursing bra:  A nursing bra comprising a mesh fabric pocket formed inside of a bra cup for receiving a pad of absorbent material, the pocket interior member having an opening proximate the weaver's breast nipple permitting direct contact between the nipple and pad.  Patent:  8657643.  Inventor: Perez.  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.


Tuesday, July 1, 2014

Celebrating the Glorious Fourth of July!

Agathon Associates will closed at noon on Thursday, July 3rd, for commemoration of American Independence Day. Business will resume on the morning of Monday, July 7th. 

The Long Struggle for Independence 
by David Trumbull


The American Revolutionary War began April 19, 1775, a date celebrated as a public holiday—Patriots’ Day—in the Commonwealth of Massachusetts and the State of Maine. The war became a fight for independence with the July 1776 adoption, by the Americans’ Continental Congress, of the Declaration of Independence.

As you celebrate American freedom this Independence Day weekend—culminating in the free concert and fireworks spectacular at the Charles River Esplanade—remember that independence did not come easily. The war took seven years, with major battles as late as 1781. When, on July 18, 1776, two weeks after the signing, the Declaration of Independence finally completed the long trek on the roads of the day from Philadelphia for the first public reading in Boston, in was not at all inevitable that we Americans should win independence from Great Britain. No one had heard of such a thing as a colony throwing off its mother country. And the idea that untrained volunteer farmer/soldiers would defeat the best professional army and navy in the world was nearly inconceivable.

Coming to aid of the American cause were the Kingdom of France, the Dutch Republic, and the Kingdom of Spain. Provisional Articles of Peace were signed at Paris on November 30, 1782. The final Treaty was signed September 3, 1783. It was ratified by Congress on January 14, 1784, and by the King of Great Britain on April 9, 1784. Ratification documents were exchanged in Paris on May 12, 1784.

The American negotiators, John Adams, Benjamin Franklin, and John Jay, secured, from one of the largest and most sophisticated world powers, a treaty which contained not only an unconditional acknowledgment of American independence, but also important provisions establishing the territory of the United States as stretching from Canada to Florida and from the Atlantic to the Mississippi. American commercial interests were protected by a provision for Americans to continue to fish the waters of the Atlantic off Canada.

The Revolution began with noble sentiment—We hold these Truths to be self-evident, that all Men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty, and the Pursuit of Happiness. It ended with a legal agreement over boundaries and fishing rights. Such is the unchanging course of human events. Noble sentiments are good, even necessary, but they have to be backed up by practical texts. So, having ended the war with the Treaty of Paris in 1783, the next big step for the young nation, in 1787, was to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defense, promote the general Welfare, and secure the Blessings of Liberty—by drafting and adopting our Constitution.

CBP Seizes Counterfeit World Cup Apparel in Puerto Rico

Today U.S. Customs and Border Protection ("CBP") San Juan Field Operations officers seized a consignment of counterfeit soccer team delegation uniforms. The shipment arriving from Hong Kong to the San Juan Air Cargo facility, contained boxes of soccer t-shirts and shorts that were destined to an address in San Juan, Puerto Rico. Further inspection revealed that the uniforms of the fake Brazilian, Italian and Argentinian national teams violated the Intellectual Property Rights ("IPRs") of Puma, Adidas and Nike.

During FY 2013, CBP field operations conducted more than 164 seizures related to IPR violations, with a domestic value of approximately $1.9 million.

U.S. Army Textile Industry Day

On June 24, 2014, David Trumbull, Principal, Agathon Associates, attended a "Textile Science & Technology Industry Day" at the U.S. Army Natick Soldier Research, Development and Engineering Center ("NSRDEC") where 20 posters were presented to share with industry the areas within textiles and clothing where NSRDEC needs industry assistance in finding new materials and applications.

Clients of Agathon Associates and subscribers to Agathon Associates' Trade Advisor Service may read more by CLICKING HERE. 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.

Mississippi Furniture Company Files for Foreign Trade Zone for Micro-Denier Suede Fabric

Production under Foreign Trade Zone ("FTZ") procedures could exempt the manufacturer, Southern Motion, Inc., from customs duty payments on the foreign micro-denier suede upholstery fabric used in export production. On its domestic sales, SMI would be able to apply the finished upholstery cover set (i.e., furniture part) or finished furniture duty rate (free) for the micro-denier suede upholstery fabric described below. Customs duties also could possibly be deferred or reduced on foreign status production equipment.

Clients of Agathon Associates and subscribers to Agathon Associates' Trade Advisor Service may read more by CLICKING HERE. 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.

CPSC Invites Comments on Priorities for Next Two Years

The U.S. Consumer Product Safety Commission will conduct a public hearing to receive views from all interested parties about the Commission's agenda and priorities for fiscal year 2015, which begins on October 1, 2014, and for fiscal year 2016, which begins on October 1, 2015. The hearing will begin at 10 a.m. on July 24, 2014. Requests to make oral presentations and the written text of any oral presentations must be received by not later than 5 p.m. Eastern Daylight Time on July 10, 2014.

The Commission is in the process of preparing the agency's fiscal year 2015 Operating Plan and fiscal year 2016 Congressional Budget Request. Fiscal year 2015 begins on October 1, 2014, and fiscal year 2016 begins on October 1, 2015. Through this notice, the Commission invites the public to comment on the following questions:

1. What are the priorities the Commission should consider emphasizing and dedicating resources toward in the fiscal year 2015 Operating Plan and/or the fiscal year 2016 Congressional Budget Request?

2. What activities should the Commission consider deemphasizing in the fiscal year 2015 Operating Plan and/or the fiscal year 2016 Congressional Budget Request?

3. Should the Commission consider making any changes or adjustments to the agency's education, safety standards activities, regulation, and enforcement efforts in fiscal years 2015 and/or 2016, keeping in mind the CPSC's existing policy on establishing priorities for Commission action? The CPSC's budget request for fiscal year 2015 can be found at: www.cpsc.gov/performance-and-budget. Comments are welcome on whether particular action items should be higher priority than others, should not be included, or should be added to the fiscal year 2015 and/or fiscal year 2016 agendas.