Thank you, Mr. Chairman. Being from Georgia's Third Congressional District, we have been blessed to have a robust manufacturing industry. We have both Kia Motors and a large textile presence in my district. I would like to ask the chairman…
Thank you, Mr. Chairman.
Being from Georgia's Third Congressional District, we have been blessed to have a robust manufacturing industry. We have both Kia Motors and a large textile presence in my district.
I would like to ask the chairman if he would enter into a colloquy.
Mr. Chairman, what will the Ways and Means Committee do to ensure no textile jobs in the U.S. are lost due to the Korea free trade agreement?
Further, Mr. Chairman, what has the Ways and Means Committee done to ensure textiles from China do not illegally enter the U.S. through Korea?
I thank the gentleman, and I appreciate his commitment to bolster the customs enforcement and close the loopholes in the customs process that have negatively impacted U.S. textiles, including taking up the Textile Enforcement and Security Act, which I'm sure the chairman would do.
It is my understanding that Korea's tariffs on U.S. textiles are subject to a 5-year phaseout, but the U.S. tariffs would go to zero immediately, allowing for free entry for Korean textiles. What is your committee doing and will it do to ensure an equal playing field for U.S. textiles in Korea and there's not a flood of Korean textiles into the U.S. market?
I'd like to ask the chairman, will you promise to work with the Textile Caucus to ensure that the textile provisions of the Korean free trade agreement are not used as a model of future free trade agreements, especially the Trans-Pacific Partnership?
I thank the chairman for the colloquy.
I would like to submit two articles about the impact of the Korea free trade agreement on the textile industry.
[From Bloomberg Businessweek, Sept. 15, 2011]
Kolon Loses $920 Million Verdict to DuPont in Trial Over Kevlar
(By Jef Feeley, Gary Roberts and Jack Kaskey)
Kolon Industries Inc. lost a $919.9 million jury verdict to
DuPont Co. over the theft of trade secrets about the
manufacture of Kevlar, an anti-ballistic fiber used in police
and military gear.
Jurors in federal court in Richmond, Virginia, deliberated
about 10 hours over two days before finding Gyeonggi, South
Korea-based Kolon and its U.S. unit wrongfully obtained
DuPont's proprietary information about Kevlar by hiring some
of the company's former engineers and marketers. The award
yesterday is the third-largest jury verdict this year,
according to data compiled by Bloomberg.
DuPont, based in Wilmington, Delaware, is spending more
than $500 million to boost Kevlar production and meet rising
demand for armor and lightweight materials that reduce energy
use. Kevlar and Nomex, a related fiber used in firefighting
gear, accounted for about $1.4 billion of DuPont's $31.5
billion in sales last year.
The ``jury decision is an enormous victory for global
intellectual property protection,'' Thomas L. Sager, DuPont's
general counsel, said in a statement. ``It also sends a
message to potential thieves of intellectual property that
DuPont will pursue all legal remedies to protect our
significant investment in research and development.''
DuPont rose 86 cents, or 1.9 percent, to $45.52 in New York
Stock Exchange composite trading yesterday. The shares have
declined 8.7 percent this year.
Kolon said it disagrees with the verdict and will appeal.
Multiyear Campaign
The ``verdict is the result of a multiyear campaign by
DuPont aimed at forcing Kolon out of the aramid fiber
market,'' Kolon said in a statement e-mailed by Dan Tudesco
of Brodeur Partners, a public relations agency. ``Kolon had
no need for and did not solicit any trade secrets or
proprietary information of DuPont, and had no reason to
believe that
the consultants it engaged were providing such information.
Indeed, many of the `secrets' alleged in this case are public
knowledge.''
Kolon said it will continue to pursue an antitrust case
against DuPont, which is scheduled for a March trial. DuPont
will file motions later this year to have the case dismissed,
Sager said in a telephone interview.
DuPont will pursue recovery of the award ``wherever we can
find Kolon assets,'' Sager said. The company also will seek
punitive damages for each of the 149 stolen secrets,
reimbursement of more than $30 million in attorney's fees and
an order barring Kolon from making products with DuPont's
information, Sager said.
Body Armor
DuPont, the largest U.S. chemical company by market value,
sued Kolon in February 2009 alleging it stole confidential
data about Kevlar. DuPont began selling the bullet-resistant
fiber in 1965 and it's used in body armor, military helmets,
ropes, cables and tires. Kolon began making its own version
of the para-aramid fiber in 2005.
DuPont argued in court filings that Kolon executives
conspired with five former employees of the U.S. chemical
maker or its Japanese joint venture, DuPont-Toray Co., to
gain access to Kevlar information.
To spur sales of its Heracron aramid fiber, Kolon hired
Michael Mitchell, a former DuPont engineer who also had
served as a Kevlar marketing executive, DuPont said in court
papers. DuPont contended that Mitchell, hired as a
consultant, provided Kolon with proprietary information about
Kevlar.
Home Computer
Mitchell ``retained certain highly confidential information
on his home computer'' and passed the information to Kolon,
DuPont alleged in court filings.
After learning about Mitchell's activities, DuPont
executives alerted the Federal Bureau of Investigation,
according to U.S. Justice Department officials.
During a search of Mitchell's Virginia home, FBI agents
uncovered DuPont documents and computers containing
confidential information belonging to his former employer,
federal prosecutors said last year.
Mitchell pleaded guilty to theft of trade secrets and
obstruction of justice and was sentenced in March 2010 to 18
months in prison.
Kolon recruited other former DuPont workers, including
engineers and researchers, as part of a ``concerted effort''
to obtain information about Kevlar, according to court
filings.
``DuPont's investment in developing this information,
amounting to hundreds of millions of dollars over many years,
was thereby essentially lost,'' the company said in a filing
in October. ``Kolon is now able to compete against DuPont in
the aramid marketing using DuPont's own information against
it.''