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: Final rule.

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SUMMARY: The Federal Trade Commission (``Commission'') announces

amendments to Rule 7 of the Rules and Regulations Under the Textile

Fiber Products Identification Act (``Textile Rules''), to designate two

new generic fiber names and establish two new generic fiber definitions

for fibers manufactured by BASF Corporation (``BASF'') of Mt. Olive,

New Jersey, and DuPont Advanced Fiber Systems (``DuPont'') of

Wilmington, Delaware. The amendments create a new subsection (w) to

Rule 7 that establishes the name ``melamine'' for a fiber for which

BASF has registered the trade name ``Basofil''; and a new subsection

(x) to Rule 7 that establishes the name ``fluoropolymer'' for a fiber

that DuPont designates by the registered name ``Teflon.''

DATES: Effective: July 2, 1998.

FOR FURTHER INFORMATION CONTACT:

James G. Mills, Attorney, Division of Enforcement, Federal Trade

Commission, Washington, DC 20580; (202) 326-3035, FAX: (202) 326-3259.

SUPPLEMENTARY INFORMATION:

[[Page 36172]]

I. Background

A. Statutory and Regulatory Framework

Section 4(b)(1) of the Textile Fiber Products Identification Act

(``the Act'') declares that a textile product will be misbranded unless

it is labeled to show, among other elements, the percentages, by

weight, of the constituent fibers (or fiber combinations) in the

product, designated by their generic name and in order of predominance

by weight. 15 U.S.C. 70b(b)(1). Section 4(c) of the Act provides that

the same information required by section 4(b)(1) (except the

percentages) must appear in written advertisements for covered textile

products. 15 U.S.C. 70b(c). Section 7(c) empowers the Commission to

promulgate such rules, including the establishment of generic names of

manufactured fibers, as are necessary to enforce the Act's directives.

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

Rule 6 of the Textile Rules 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. 16

CFR 303.6. Rule 7 sets forth the generic names and definitions that the

Commission has established for synthetic fibers. 16 CFR 303.7. Rule 8

sets forth the procedures for establishing new generic names. 16 CFR

303.8.

B. Procedural History

On March 22, 1996, BASF and DuPont submitted their applications to

the Commission separately. The applications and related materials were

placed on the rulemaking record.

BASF stated that Basofil fiber, which is mostly used in combination

with other heat- and flame-resistant fibers, is intended for use in

applications where heat and flame resistance and low flammability are

vital, including fire-blocking fabrics, protective apparel and heat-

insulating fabrics. BASF stated that, because the unique chemistry of

Basofil fiber is inadequately described under the existing generic

names listed in the Textile Rules, a new generic name and definition

should be established.

DuPont states that it has manufactured a fiber it calls ``Teflon

PTFE fluorocarbon fiber'' or ``Teflon fiber'' since the 1950's for

industrial applications, but that it expected to begin commercial sales

of the fiber in socks beginning in late April 1996. DuPont explained

that it was petitioning the Commission to establish a new name and

definition for its fiber in its new use in textile fiber products

covered by the Textile Rules because none of the current generic fiber

definitions in Rule 7 of the Textile Rules is appropriate for Teflon

fiber.

On June 25, 1996, the Commission issued BASF the designation ``BC

0001'' and DuPont the designation ``DP 0001'' for temporary use in

identifying Basofil and Teflon PTFE fluorocarbon fiber, respectively,

pending a final determination as to the merits of the applications for

new generic names. The Commission staff analyzed the applications as

well as additional materials that the two companies subsequently

submitted separately at the staff's request. On January 6, 1998, the

Commission published two Notices of Proposed Rulemaking (``NPR'')

detailing the technical aspects of BASF's (63 FR 449) and DuPont's (63

FR 447) fibers and requesting public comment on whether to add new

generic fiber names and definitions to Rule 7 of the Textile Rules to

describe them. On March 23, 1998, the comment periods created by the

two NPRs closed. No comments were received in either matter.

II. Description of the Fibers and Solicitation of Comments in the

NPRs

A. The Commission's Criteria for Granting a New Generic Name and

Definition Under Rule 7

In the NPRs, the Commission solicited comment on the petitioners'

applications and asked whether the applications met the following

criteria, which the Commission first announced at 38 FR 34,112 (Dec.

11, 1973) as grounds for the granting of petitions for new generic

names, and later clarified and reaffirmed on Dec. 6, 1995, 60 FR

62,352, and again on May 23, 1997, 62 FR 28,342:

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.

B. The BASF NPR

1. Fiber Description and Proposed Name and Definition

The BASF NPR provided a detailed description, taken from BASF's

application, of Basofil's chemical composition and physical and

chemical properties.\1\ BASF maintained that, because of its unique

melamine-formaldehyde chemistry, Basofil is especially well-suited for

applications in which heat and flame resistance are needed. BASF thus

intends to use Basofil in the manufacture of heat- and flame-resistant

textile products like fire-blocking fabrics, gloves and aprons and

other protective apparel. BASF described Basofil chemically as follows:

\1\ 63 FR 449, at 449-50 (Jan. 6, 1998). For brevity's sake, the

Commission is providing a simplified description of the fiber today,

and refers those members of the public who wish to see detailed

technical information about the fiber to the earlier description in

the NPR.

The product is a fiber made from a condensation polymer of

melamine derivatives and formaldehyde * * *. In the condensation

reaction, methylol compounds are formed which then react with one

another to form a three-dimensional structure of methylene ether and

methylene bridges.

The chemical composition of Basofil fiber is based upon a three-

dimensional cross-lined structure containing methylene links, such

as (Melamine-NH-CH2-NH-Melamine) and dimethylene ether

links such as (Melamine-NH-CH2-O-CH2-NH-

Melamine). The melamine can also be modified to contain hydroxyl

groups.

The network structure of Basofil fiber provides the

characteristics found in melamine-based resins--heat stability,

solvent resistance, and low flammability.

BASF stated that Basofil combines fire protection and heat

stability with good chemical, hydrolysis and ultraviolet resistance,

and that the fiber, which is white and dyeable, can be processed on

standard textile manufacturing equipment for the production of woven,

knitted, and nonwoven fabrics. BASF further asserted that Basofil's

most outstanding physical properties are its high Limiting Oxygen Index

(LOI), low thermal conductivity, heat dimensional stability, and the

fact that it does not shrink, melt or drip when exposed to a flame.

The Commission proposed the following fiber name and definition for

Basofil, which has been suggested by BASF:

Melamine. A manufactured fiber in which the fiber-forming substance

is a synthetic polymer composed of at least 50% by weight of a cross-

linked melamine polymer.

In proposing this definition in the BASF NPR, the Commission noted

that BASF had explained that the unusually low (50%) threshold for the

principal element of the fiber (the cross-linked melamine polymer) in

the definition is based on the possibility that Basofil may be modified

in the future to contain other components typically found in fiber

formulations, such as dispersing

[[Page 36173]]

aids, fillers, flame retardants, heat or light stabilizers, optical

modifiers, etc.

2. Discussion of the Three Criteria

a. Distinctive Chemical Composition and Physical Properties of

Importance to the Public

The materials submitted by BASF show that Basofil fiber is based

upon unique melamine chemistry that is not encompassed by any existing

definition in Rule 7 and that results in a fiber with the physical

property of significant resistance to heat and flame. This property is

very important to those members of the general public (for example,

cooks, foundry workers, welders, and fire-fighters) who need textile

fiber products that are highly resistant to heat and flame. Thus,

BASF's application meets this first criterion.

b. Active Commercial Use

BASF stated in the materials it submitted that it has begun to

import Basofil fiber and to market the fiber to potential end users.

When it filed its petition, BASF was in the process of building a plant

in Enka, North Carolina, capable of producing approximately 3.6 million

pounds of Basofil. Counsel for BASF has informed Commission staff that

the plant is currently operational. Such a level of production for

distribution satisfies this second criterion.

c. Importance to the Consuming Public

The Commission agrees with BASF that the granting of a generic name

to describe Basofil is of importance to the general public, and not

just a few knowledgeable professionals such as purchasing officers for

large Government agencies, because of the importance of Basofil's

properties to all consumers in need of textile fiber products with

resistance to heat and flame. The Commission believes that granting a

generic name and definition for Basofil fiber will assist consumers

seeking high heat and flame resistance to identify those textile fiber

products containing Basofil. Thus, the application satisfies this final

criterion.

d. Conclusion

Based on the foregoing, the Commission finds that BASF's fiber

Basofil is of a distinctive chemical composition not encompassed by any

of the Textile Rules' existing generic definitions for manufactured

fibers, that its physical properties are important to the public, that

the fiber is in active commercial use, and that the granting of a new

generic name and definition is important to the consuming public at

large. Because the Commission has received no additional information

bearing on this issue beyond that available to it when it proposed in

the NPR to amend Rule 7 to include a name and definition for Basofil,

the Commission amends Rule 7 of the Textile Rules by adding the

following new name and definition for BASF's fiber:

Melamine. A manufactured fiber in which the fiber-forming substance

is a synthetic polymer composed of at least 50% by weight of a cross-

linked melamine polymer.

C. The DuPont NPR

1. Fiber Description and Proposed Name and Definition

The DuPont NPR provided a detailed description, taken from DuPont's

application, of Teflon PTFE fluorocarbon fiber's chemical composition

and physical and chemical properties.\2\ DuPont described Teflon PTFE

fluorocarbon fiber generally as inherently low friction, water-

resistant, flame-resistant, and low modulus (i.e., with a high degree

of flexibility, so textile products that are made from the fiber will

drape easily to conform to the shape of the wearer, and will feel soft

and comfortable to the touch). DuPont expects the initial market for

the fiber to be sports apparel where fabrics from Teflon fiber and

blends containing it may reduce the chance of skin irritation and may

have other desirable characteristics, such as permanent water- and

stain- resistance, softer hand, and improved comfort.

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\2\ 63 FR 447, at 447-48 (Jan. 6, 1998). For brevity's sake, the

Commission is providing a simplified description of the fiber today,

and refers those members of the public who wish to see detailed

technical information about the fiber to the earlier description in

the NPR.

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DuPont described the chemical characteristics of Teflon PTFE

fluorocarbon fibers and the base resins used to make the fibers as

follows:

Teflon PTFE fluorocarbon resins and fibers developed by DuPont

have unusually high thermo-chemical resistance and display

exceptionally low coefficients of friction. The molecular structure

of Teflon PTFE fluorocarbon consists of long chains of carbon atoms

fully saturated by fluorine atoms. The carbon-fluorine bonds are

extremely strong and the carbon-carbon bonds are well-shielded by

the fluorine atoms * * * Molecules of Teflon PTFE fluorocarbons are

electrically neutral and therefore lack the strong polar forces that

bind together the molecules of other fibers such as nylon or

cellulose. However, the extreme regularity of the molecules permits

very close packing.

DuPont stated that the coefficient of friction of Teflon PTFE

fluorocarbon fiber is the lowest of all known fibers, and that, because

the static coefficient of friction is only slightly higher than the

dynamic value, the fiber does not exhibit ``stick-slip'' behavior,

which means that the fiber feels very smooth and slippery when rubbed

between the fingers, rather than periodically catching and slipping.

DuPont also asserted that its fiber is the most chemically resistant

fiber known, and that the only known solvents for Teflon fiber or resin

are selected perfluorinated organic liquids at temperatures above

570 deg. F (299 deg. C).

DuPont asserted that continuous exposure to temperatures below

400 deg. F (204 deg. C) ordinarily does not degrade the fiber, and that

the fiber is stable over a wide range of temperatures. According to

DuPont, the fiber becomes less ductile at extremely low temperatures

and softens at extremely high temperatures, and that adequate toughness

and strength are available for selected uses at temperatures as low as

-450 deg. F (-268 deg. C) and as high as 550 deg. F (288 deg. C).

DuPont also asserted that Teflon PTFE fluorocarbon fiber has

significant resistance to sunlight and the effects of weather.

The Commission proposed the following fiber name and definition,

which had been suggested by DuPont:

Fluoropolymer. A manufactured fiber containing at least 95% of a

long-chain polymer synthesized from aliphatic fluorocarbon monomers.

DuPont suggested ``fluoropolymer'' in its application so the

fiber's name would be consistent with all other products that DuPont

sells under the brand name ``Teflon,'' and because the name

``fluoropolymer'' is already well-established in association with its

Teflon PTFE fluorocarbon fiber. The Commission noted in the DuPont NPR,

however, that a name--``fluorofibre''--has already been established for

this type of fiber by the International Organization for

Standardization (``ISO'') for fibers (like Teflon PTFE fluorocarbon

fiber) that are composed of linear macromolecules made from aliphatic

fluorocarbon monomers. The Commission therefore solicited comment on

whether, in the interests of international standardization of fiber

terminology, the ISO generic name (spelled ``fluorofibre'' or

``fluorofiber'') would be more appropriate than DuPont's suggested name

(``fluoropolymer'') to describe fibers similar to DuPont's Teflon PTFE

fluorocarbon fiber.

[[Page 36174]]

2. Discussion of the Three Criteria

a. Distinctive Chemical Composition and Physical Properties of

Importance to the Public

The facts that the coefficient of friction of Teflon PTFE

fluorocarbon fiber is the lowest of all known fibers, that the fiber is

the most chemically resistant fiber known, and that the fiber is stable

over a wide range of temperatures, together with its unique molecular

structure, result in a distinctive chemical composition and distinctive

physical properties. The Commission agrees with DuPont that its fiber

does not fall under any of the existing definitions in the Textile

Rules. The properties of Teflon PTFE fluorocarbon fiber generally--low

friction, water-resistance, flame-resistance, and low modulus--are of

considerable importance to the public, because they result in a fiber

that can be used in sports apparel and other wearing apparel where

reduced skin irritation, permanent water- and stain-resistance, softer

hand, and improved comfort are highly desirable. Thus, the application

meets this first criterion.

b. Active Commercial Use

DuPont has informed Commission staff that it is currently producing

Teflon PTFE fluorocarbon fiber in significant quantities for use in

sports-related textile wearing apparel, and that it has observed

manufacturers in Japan beginning to market similar fibers in markets

abroad. Consequently, the criterion for active commercial use is

satisfied.

c. Importance to the Consuming Public

As discussed above, Teflon PTFE fluorocarbon fiber exhibits the

characteristics of low friction, water- and flame-resistance, and low

modulus. The Commission believes that granting a new generic name to

identify this fiber is of importance to the consuming public at large,

and not just to a few knowledgeable professionals, because it will

enable consumers to recognize garments (such as hiking and athletic

socks) with a reduced chance of skin irritation, significant water- and

stain-resistance, softer hand, and improved comfort. Thus, DuPont's

application meets this third criterion.

d. Conclusion

Based on the foregoing, the Commission finds that DuPont's Teflon

PTFE fluorocarbon fiber is of a distinctive chemical composition not

encompassed by any of the Textile Rules' existing generic definitions

for manufactured fibers, that its physical properties are important to

the public, that the fiber is in active commercial use, and that the

granting of a new generic name and definition is important to the

consuming public at large. Because the Commission has received no

additional information bearing on this issue (including whether to

adopt the name ``fluorofiber/fluorofibre'' instead of DuPont's proposed

name ``fluoropolymer'') \3\ beyond that available to it when it

proposed in the DuPont NPR to amend Rule 7 to include a name and

definition for Teflon PTFE fluorocarbon fiber, the Commission amends

Rule 7 of the Textile Rules by adding the following new name and

definition for DuPont's fiber:

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\3\ Amendments to the Textile Rules promulgated since the NPRs

were published now permit the description of generic fibers defined

in Rule 7 by means of the ISO designations. 68 FR 7,508; 7,510-11;

7,518 (Feb. 13, 1998). Thus, marketers who wish to use

``fluorofibre'' (or ``fluorofiber'') to describe DuPont's fiber now

may do so pursuant to that amendment, or they could use

``fluoropolymer'' in accordance with today's amendment.

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Fluoropolymer. A manufactured fiber containing at least 95% of a

long-chain polymer synthesized from aliphatic fluorocarbon monomers.

III. Effective Date

The Commission is making the amendments effective today, as

permitted by 5 U.S.C. 553(d), because the amendments do not create new

obligations under the Rule; rather, they merely create a fiber name and

definition that the public may use to comply with the Rule.

IV. Regulatory Flexibility Act

In the two NPRs, the Commission tentatively concluded that the

provisions of the Regulatory Flexibility Act relating to an initial

regulatory analysis, 5 U.S.C. 603-604, did not apply to the proposals

because the amendments, if promulgated, would not have a significant

economic impact on a substantial number of small entities. The

Commission believed that the proposed amendments would impose no

additional obligations, penalties, or costs. The amendments simply

would allow covered companies to use new generic names for new fibers

that may not appropriately fit within current generic names and

definitions, and would impose no additional labeling requirements. To

ensure, however, that no substantial economic impact was overlooked,

the Commission solicited public comment in the two NPRs on the effects

of the proposed amendment on costs, profits, competitiveness of, and

employment in small entities. 63 FR 447, at 448-49; 63 FR 449, at 451

(Jan. 6, 1998).

No comments were received on this (or any other) issue in response

to the two NPRs. Accordingly, the Commission hereby certifies, pursuant

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

promulgated today will not have a significant economic impact on a

substantial number of small entities.

V. Paperwork Reduction Act

These amendments do not constitute ``collection[s] of information''

under the Paperwork Reduction Act of 1995, Pub. L. 104-13, 109 Stat.

163, 44 U.S.C. Chapter 35 (as amended), and its implementing

regulations, 5 CFR 1320 et seq. (1997). Those procedures for

establishing generic names that do constitute collections of

information, 16 CFR 303.8 (1997), have been submitted to OMB, which has

approved them and assigned them control number 3084-0101.

List of Subjects in 16 CFR Part 303

Labeling, Textile, Trade Practices.

VI. Text of Amendments

For reasons set forth in the preamble, 16 CFR Part 303 is amended

as follows:

PART 303--RULES AND REGULATIONS UNDER THE TEXTILE FIBER PRODUCTS

IDENTIFICATION ACT

1. The authority citation for part 303 continues to read as

follows:

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

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

2. In Sec. 303.7, paragraphs (w) and (x) are added, to read as

follows:

Sec. 303.7 Generic names and definitions for manufactured fibers.

* * * * *

(w) Melamine. A manufactured fiber in which the fiber-forming

substance is a synthetic polymer composed of at least 50% by weight of

a cross-linked melamine polymer.

(x) Fluoropolymer. A manufactured fiber containing at least 95% of

a long-chain polymer synthesized from aliphatic fluorocarbon monomers.

By direction of the Commission.

Benjamin I. Berman,

Acting Secretary.

[FR Doc. 98-17541 Filed 7-1-98; 8:45 am]

BILLING CODE 6750-01-M