Organization Name:

Note: Representatives submitting on behalf of an organization must enter information below.

Requestor Representative:

Section 301 Investigation: China's Acts, Policies, and Practices Related to Technology 

Transfer, Intellectual Property, and Innovation - Form to Request Exclusion of Product

When submitting a product exclusion request using this form, enter the specified 

information in the following fields and explain the basis and rationale for your statements. 

By completing this form, you certify that the information provided is complete and 

correct to the best of your knowledge. 

1. Indicate whether the comment contains business confidential information (BCI), is a public

document, or is a public version of a BCI document.

3.

2. Please provide a complete and detailed description of the product of concern:

4.

5. Requestor's relationship to the product:

CONTINUED BELOW

*

10-digit HTSUS item number* for product you wish to address in this product exclusion request:

Use numerical characters only with no special characters (example: 1023456789). For help in finding 

the HTSUS item number associated with your product, see https://hts.usitc.gov/

1

7.

6. Does this submission in regulations.gov include additional attachments?

Please indicate whether any additional attachment contains business confidential

information (BCI), is a public document, or is a public version of a BCI document.

VERSION 1

Requestor Information

Requestor Name (Last, First):
END 2

8. Is this product, or a comparable product, available from sources in the United States?:

VERSION 1

11. Please provide information in support your request, taking account of the instructions

provided in Section B of the Federal Register notice (note: text entered below can extend

beyond the apparent size of this box).

9. Is this product, or a comparable product, available from sources in third countries?:

10. Please provide the value and quantity (with units) of the Chinese-origin product of concern

that you purchased for each calendar year specified. Limit this figure to the products

purchased by your firm (or by members of your trade association) alone. Please provide 

estimates if precise figures are unavailable.

2016 Value:

2015 Value:

2017 Value:

2016 Quantity:

2015 Quantity:

2017 Quantity:
PUBLIC VERSION OF BCI DOCUMENT

Attachment 1 of 1

Response to Question 2:

We are requesting an exemption for the infrared water flow sensors. These sensors are sub-assemblies

which are used in the manufacture of a flush valve assembly manufactured at the Kohler manufacturing 

location in Kohler, WI.

Response to Question 11:

Kohler Co. (“Kohler”) is a privately-owned business that began building faucets in 1905. Kohler has one

domestic flush valve manufacturing facility, which is located in Kohler, Wisconsin. Kohler's flush valves are 

used in businesses, hospitals, industrial and academic complexes. 

A. The Subject Products Are Only Available from China

No suitable or sufficient capacity exists in the U.S. for Kohler to source Products from. Kohler's Products 

are custom designed parts intended to be included in the assembly of end products here in the U.S. at a 

Kohler factory. 

These components are designed specifically for use in the Kohler Flush Valves. Products of similar 

composition exist in these markets, but they do not meet Kohler specifications, nor do they meet the 

design requirements. In order to resource this product in the US or a third country, this product would 

require new production tooling, sample production runs, code testing, and life-cycle testing. 

B. Failure to Exclude the Products Will Result in Severe Economic Harms

The imposition of additional duties on Products will cause severe economic harm to Kohler and other U.S. 

interests, including our customers. We estimate that Kohler would incur over [REDACTED] in added costs 

and expense if the additional duties were imposed (largely driven by the high supplier capability required 

to manufacture components with very tight tolerances). This includes the extremely difficult, time 

consuming and expensive process to onboard new suppliers. Identifying and qualifying a U.S. supplier to 

manufacture to our specifications would take a minimum of [REDACTED]. In addition, Kohler would be 

forced to pass the additional costs of these tariffs on to U.S Consumers. 

As mentioned previously, the Kohler Flush Valve component designs are unique for Kohler. These 

components are for use solely with the Kohler Flush Valves. A decision for Kohler to control future design 

and manufacturing of a core components, such as Flush Valve components, should align with the brand 

and product positioning of Kohler Co as a Leader in water filtration.

As our engineering resources are limited, implementing the plans mentioned above in Section A would 

result in either hiring additional headcount to lead the project, or removing resources from other 

development projects currently taking place within our factory. 

Kohler reinvests an average of at least 90 percent of its earnings back into its operations annually. The 

costs Kohler will incur from the additional tariffs and lost sales resulting from passing through these added 

costs to U.S. consumers are real dollars that will no longer be reinvested in our company's future and 

associates here in the U.S. 
PUBLIC VERSION OF BCI DOCUMENT

C. The Products Are Not Strategically Important or Related to “Made in China 2025” or Other 

Chinese Industrial Programs 

The Products for which Kohler seeks an exclusion are not strategically important to “Made in China 2025” 

or other Chinese industrial programs, to the best of our knowledge. 

D. The Requested Exclusion is Easily Administered.

The requested exclusion is easily administered because our commercial documents and product labels 

will identify a part number, description, and quantity. The 10 digit HTS specifically calls out our product in 

the HTS article description for ease of identification and administration though classification.

E. Kohler Co. Supports American Manufacturing 

Kohler is a global company founded in 1873 and remains one of America's oldest and largest privately 

held companies. Our manufacturing footprint in the United States is extensive, with factories in 13 

locations supporting its kitchen and bath, decorative and power businesses and employing over 12,000 

people in the United States. One of Kohler's guiding principles is to reinvest an average of at least 90 

percent of its earnings back into its operations annually, which aids in supporting employment in the 

United States. 

In addition, Kohler supports thousands of U.S.-based vendors each year. In 2017, Kohler provided 

approximately $ 2.6 billion of direct economic impact through the purchase of goods and services from 

more than 12,400 unique U.S.-based vendors. 

Thank you for your consideration.