Rules and Regulations Under the Textile Fiber Products Identification Act

FEDERAL TRADE COMMISSION

16 CFR Part 303

Rules and Regulations Under the Textile Fiber Products

Identification Act

AGENCY: Federal Trade Commission.

ACTION: Notice of proposed rulemaking.

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SUMMARY: On October 30, 1992. Teijin Limited (``Teijin'') filed an

application with the Federal Trade Commission (``Commission'')

requesting the establishment of a new generic fiber name and

definition. The application was filed pursuant to Rule 8 of the Rules

and Regulations Under the Textile Fiber Products Identification Act

(the ``Textile Act''--15 U.S.C. 70; implementing regulations at 16 CFR

part 303). The

[[Page 35993]]

application maintains that its new fiber, ``manufactured from poly

tetramethylene ether/poly butylene glycol terephthalate copolymer,''

has a unique chemical composition and distinctive physical

characteristics such that it cannot be identified by any of the generic

names already established by the Commission in Rule 7 (16 CFR 303.7).

The application also states that Teijin intends to market the fiber

commercially, and subsequent information from the applicant states that

the fiber is now being used in the U.S. Teijin recommends that the new

fiber be given one of the following generic names, in descending order

of preference: (1) ``Polyetherester,'' (2) ``Elastoester,'' or (3)

``Estelast.'' The Teijin application includes a proposed definition for

the new fiber.

The Commission now solicits comments as to whether Rule 7 should be

amended to include a new generic name and definition covering Teijin's

fiber.

DATES: Written comments will be accepted through September 9, 1996.

ADDRESSES: Submit written comments and other submissions to: Secretary,

Federal Trade Commission, Room H-159, Sixth & Pennsylvania Avenue,

N.W., Washington, D.C. 20580. Submissions should be marked: ``Rule 7

Under the Textile Act--Comment.''

FOR FURTHER INFORMATION CONTACT:

Bret S. Smart, Program Advisor, Los Angeles Regional Office, Federal

Trade Commission, 11000 Wilshire Boulevard, #13209, Los Angeles, CA

90024, (310) 235-4040.

SUPPLEMENTARY INFORMATION:

I. Background

Rule 6 (16 CFR 303.6) of the Rules and Regulations under the

Textile Fiber Products Identification Act requires manufacturers to use

the generic names of the fibers contained in their textile fiber

products in making required disclosures of the fiber content of the

products. Rule 7 (16 CFR 303.7) sets forth the generic names and

definitions that the Commission has established or synthetic fibers.

Rule 8 (16 CFR 303.8) sets forth the procedures for establishing new

generic names.

Teijin submitted its initial application in this matter to the

Commission on October 30, 1992, and subsequently submitted additional

information. The application and related materials have been placed on

the rulemaking record. After an initial analysis, the Commission, on

December 29, 1992, issued the designation ``TL 0001'' for temporary use

in identifying the Teijin fiber until a final determination can be made

as to the merits of the application for a new generic name.

II. Chemical Composition, Physical and Chemical Properties

In its application, Teijin describes the fiber, its composition,

and its physical and chemical properties, as follows:

The general formula of the chemical composition of poly

tetramethylene ether/poly butylene glycol terephthalate copolymer, -

[(CH2CH2CH2CH2O)m] -

(COC6H4COOCH2CH2CH2CH2O)n-, consists

of:

Poly tetramethylene ether (CH2CH2CH2CH2O)m: 60%

by weight

Poly butylene glycol terephthalate

(COC6H4COOCH2CH2CH2CH2O)n: 40% by

weight

* * * * *

Assuming that poly(tetramethylene ether) glycol is considered a

part of glycol components, then Applicant's fiber is somewhat

similar to polyester. Nonetheless, Applicant's fiber is not

``composed of at least 85% by weight of an ester of a substituted

aromatic carboxylic acid'' since poly tetramethylene ether is only

60%. Thus Applicant's fiber manufactured from poly tetramethylene

ether/poly butylene glycol terephthalate copolymer does not fall

under the Commission's definition of polyester fiber found in 16 CFR

303.7(c).

* * * * *

The physical and chemical characteristics of Applicant's fiber.

. .are distinctively different from the characteristics of those

fibers identified by generic names listed in 16 CFR 303.7.

The physical properties of Applicant's fiber are shown in [the

following Table:]

------------------------------------------------------------------------

Applicant's Polyester Spandex

fiber fiber fiber

------------------------------------------------------------------------

Tenacity (g/de)....................... 1.0 3.0-5.0 0.6-1.2

Elongation (%)........................ 650 20-40 450-800

Elastic recovery (%) 200% extension... 78 Break 90

------------------------------------------------------------------------

As shown in the table, physical properties of Applicant's fiber

are quite different from those of polyester but similar to those of

the spandex fiber.

* * * * *

Applicant provides additional information, specifically

technical data, which may be pertinent to this application. Typical

properties of Applicant's fiber manufactured from poly

tetramethylene ether/poly butylene glycol terephthalate copolymer

include:

1. Physical Properties

Melting point.............................. 180-210 C

Specific gravity........................... 1.1-1.2

Tenacity................................... 1.0 g/de

Elongation................................. 650%

Elastic recovery........................... 78%

Boiling water shrinkage.................... 14%

2. Resistance to Chemicals

Solubility at room temperature

70% H2SO4................................. Insoluble for 3 minutes.

20% HCL................................... Do.

Conc. HNO3................................ Do.

Acetic Acid............................... Do.

5% NaOH................................... Do.

Acetone................................... Do.

Toluene................................... Do.

Ethyl acetate............................. Do.

Methyl alcohol............................ Do.

Chloroform................................ Soluble.

m-Cresol.................................. Do.

Solubility at boiling temperature

Dioxane................................... Soluble.

Xylene.................................... Do.

Nitrobenzene.............................. Do.

Chlorobenzene............................. Do.

Dimethylformamide......................... Do.

Additionally, information submitted by Teijin indicates that,

relative to spandex, REXE has the ability to withstand high

temperatures when wet. This is particularly important with respect to

dyeing. Teijin further states that REXE's tolerance of high temperature

will allow the development of elastic fabrics with many of the

properties of polyester. For example, fabrics made of REXE and

polyester should have excellent washability. Finally, fabrics made of

REXE and polyester are, according to Teijin, less discolored or

adversely affected by chlorine than, for example, swimming suits made

of nylon and spandex.

III. Suggested Generic Names

Applicant suggests the following generic names, in descending order

of preference, for its new fiber:

1. ``Polyetherester''

2. ``Elastoester''

[[Page 35994]]

3. ``Estelast''

IV. Proposed Definition

The Commission proposes the following definition for Teijin's new

fiber:

A manufactured fiber in which the fiber-forming substance is a

long-chain synthetic polymer composed of at least 50% by weight of

aliphatic polyether and at least 35% by weight of polyester, as defined

in 16 CFR 303.7(c).

V. Invitation to Comment

The Commission is soliciting comment on Teijin's application

generally, but is especially interested in comments on whether the

application meets the following criteria, which the Commission has

identified as grounds for granting applications for new generic names:

[T]he Commission, in the interest of elucidating the grounds on

which it has based this decision and shall base future decisions as

to the grant of generic names for textile fibers, sets out the

following criteria for grant of such generic names.

1. The fiber for which a generic name is requested must have a

chemical composition radically different from other fibers, and that

distinctive chemical composition must result in distinctive physical

properties of significance to the general public.

2. The fiber must be in active commercial use or such use must

be immediately foreseen.

3. The grant of the generic name must be of importance to the

consuming public at large, rather than to a small group of

knowledgeable professionals such as purchasing officers for large

Government agencies.

The Commission believes it is in the public interest to prevent

the proliferation of generic names, and will adhere to a stringent

application of the above-mentioned criteria in consideration of any

future applications for generic names and in a systematic review of

any generic names previously granted which no longer meet these

criteria.

* * * * *

In addition, [the Commission] notes that where appropriate, in

considering applications for new generic names for fibers that are

of the same general chemical composition as those for which a

generic name already has been established, rather than of a chemical

composition that is radically different, but that have distinctive

properties of importance to the general public as a result of a new

method of manufacture of their substantially differentiated physical

characteristics, such as their fiber structure, it may allow such

fiber to be designated in required information disclosures by either

its generic name, or alternatively, by its ``subclass'' name. The

Commission will consider this disposition when the distinctive

feature or features of the subclass fiber make it suitable for uses

for which other fibers under the established generic name would not

be suited or would be significantly less well suited.

60 FR 62352, 62353 (Dec. 6, 1995) (reaffirming and clarifying criteria

first announced at 38 FR 34114 (Nov. 12, 1973)).

The Commission additionally requests comments on the suggested

names and proposed definition, set out above.

Before deciding whether to amend Rule 7, the Commission will

consider any written comments submitted to the Secretary of the

Commission within the above-mentioned comment period. Comments that are

submitted will be available for public inspection, in accordance with

the Freedom of Information Act, 5 U.S.C. 552, and Commission

Regulation, 16 CFR 4, on normal business days between the hours of 8:30

a.m. and 5:00 p.m. at the Public Reference Room, Room 130, Federal

Trade Commission, 6th & Pennsylvania Avenue, N.W., Washington, D.C.

20580.

VI. Regulatory Flexibility Act

The provisions of the Regulatory Flexibility Act relating to an

initial regulatory analysis (5 U.S.C. 603-604) are not applicable to

this proposal because the Commission believes that the amendment, if

promulgated, will not have a significant economic impact on a

substantial number of small entities. The Commission has tentatively

reached this conclusion with respect to the proposed amendment because

the amendment would impose no additional obligations, penalties, or

costs. The amendment would simply allow covered companies to use a new

generic name for a new fiber that may not appropriately fit within

current generic names and definitions. The amendment would impose no

additional labeling requirements.

To ensure, however, that no substantial economic impact is being

overlooked, public comment is requested on the effect of the proposed

amendment on costs, profits, and competitiveness of, and employment in

small entities. Subsequent to the receipt of public comments, the

Commission will decide whether the preparation of a final regulatory

flexibility analysis is warranted. Accordingly, based on available

information, the Commission hereby certifies, pursuant to the

Regulatory Flexibility Act (5 U.S.C. 605(b)), that the proposed

amendment, if promulgated, would not have a significant economic impact

on a substantial number of small entities.

VII. Paperwork Reduction Act

This proposed amendment does not constitute a ``collection of

information'' under the Paperwork Reduction Act of 1995 (Pub. L. 104-

13, 109 Stat. 163) and its implementing regulations (5 CFR part 1320).

The collection of information imposed by the procedures for

establishing generic names (Rule 8, 16 CFR 303.8) has been submitted to

OMB and has been assigned a control number of 3084-0101.

List of Subjects in 16 CFR Part 303

Labeling, Textile, Trade practices.

Authority: Sec. 7(c) of the Textile Fiber Products

Identification Act (15 U.S.C. 70e(c)).

By direction of the Commission.

Donald S. Clark,

Secretary.

[FR Doc. 96-17468 Filed 7-8-96; 8:45 am]

BILLING CODE 6750-01-M