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:
September 18, 2018

VIA REGULATIONS.GOV 

Ambassador Robert E. Lighthizer

U.S. Trade Representative

Office of the United States Trade 

Representative

600 17th Street NW

Washington, DC 20006

BUSINESS CONFIDENTIAL 

INFORMATION REMOVED FROM

PAGES 3, 6, AND 8.

Re: USTR-2018-0025 – Procedures to Consider Requests for Exclusion of Particular 

Products from the Determination of Action Pursuant to Section 301: Request of Johnson 

Outdoors Inc. and Johnson Outdoors Marine Electronics, Inc., for Exclusion of Certain Casing 

Assemblies

Dear Ambassador Lighthizer:

Johnson Outdoors Inc. and its subsidiary Johnson Outdoors Marine Electronics Inc. 

(collectively, “Johnson Outdoors”) respectfully request an exclusion from the additional tariffs 

imposed pursuant to the June 20, 2018 Notice of Action Pursuant to Section 301, published by the 

Office of the U.S. Trade Representative (“USTR”), for certain casing assemblies classifiable under 

provision 9014.90.6000 of the Harmonized Tariff Schedule of the United States (“HTSUS”).

1

Below, Johnson Outdoors provides the information requested in the separate July 11, 2018 Federal 

Register notice outlining the procedures for filing exclusion requests.2 Please note that this 

submission contains confidential information. All such information is contained within square 

 

1 Notice of Action and Request for Public Comment Concerning Proposed Determination of Action Pursuant 

to Section 301: China’s Acts, Policies, and Practices Related to Technology Transfer, Intellectual Property, and 

Innovation, 82 Fed. Reg. 28,710 (Office of the U.S. Trade Representative June 20, 2018). Please note that Johnson 

Outdoors is simultaneously filing three other product exclusion requests, one of which corresponds to LCD-screencontaining products of 9013.80.7000 that are distinct from the goods covered by this request, and two of which 

correspond to separate goods classifiable within 9014.90.6000, HTSUS.

2 Procedures To Consider Requests for Exclusion of Particular Products From the Determination of Action 

Pursuant to Section 301: China’s Acts, Policies, and Practices Related to Technology Transfer, Intellectual 

Property, and Innovation, 83 Fed. Reg. 32, 181 (Office of the U.S. Trade Representative July 11, 2018).
Honorable Robert E. Lighthizer 

PUBLIC VERSION 

September 18, 2018 

Page 2 

brackets and will be redacted from the public version of this filing. Pages containing such 

information have been marked at the top accordingly. Johnson Outdoors hereby certifies disclosure 

of the bracketed information would endanger trade secrets or profitability, and that the information 

would not customarily be released to the public. 

Identification of Product Subject to the Exclusion Request and Proposed Draft 

Tariff Language 

This exclusion request concerns injection-molded plastic moldings measuring over 100mm 

but not over 247mm in width, and over 172mm but not over 415mm in length, incorporating 

rectangular apertures measuring over 74mm but not over 230mm in width, and over 100mm but 

not over 346mm in length, not incorporating liquid crystal displays or cover glass, assembled with 

expanded polytetrafluoroethylene vent patches, keypads, GPS antenna, access doors, connector 

interface panels, and/or wiring harnesses (provided for in 9014.90.60, HTSUS). Johnson Outdoors 

imports such products, as designed and produced to its specifications, for assembly into fish 

finders. However, this exclusion request does not define the scope of the requested exclusion based 

on such use. 

Johnson Outdoors proposes the following tariff language: 

• injection-molded plastic moldings measuring over 100mm but not over 247mm in width, 

and over 172mm but not over 415mm in length, incorporating rectangular apertures 

measuring over 74mm but not over 230mm in width, and over 1 OOmm but not over 346mm 

in length, not incorporating liquid crystal displays or cover glass, assembled with expanded 

polytetrafluoroethylene vent patches, keypads, GPS antenna, access doors, connector 

interface panels, and/or wiring harnesses. 
Honorable Robert E. Lighthizer 

PUBLIC VERSION 

September 18,2018 

Page 3 

Annual Quantities Purchased 

Below, Johnson Outdoors identifies the quantity and value of the Chinese-origin product 

subject to this exclusion request that the company purchased annually from 2015 - 2017. 

2015 2016 2017 

Quantity [ ] [ ] [ ] 

Value $[ ] $[ ] $[ ] 

Explanation for the Request 

Johnson Outdoors, based in Racine, Wisconsin, was founded by American business legend 

Sam Johnson, and has been producing and selling high-quality products for outdoors recreation 

for more than fifty years. Johnson Outdoors' products range from Humminbird® fish finders to 

trolling motors to kayaks, canoes, tents, and similar products that help countless Americans to 

enjoy the natural bounty and splendor of the United States each year. 

Humminbird fish finders, products that rely on sonar to assist recreational fishermen in 

locating underwater structure and fish, have been manufactured in Eufaula, Alabama for more than 

forty years. Johnson Outdoors, which acquired Humminbird in 2005, uses casing assemblies of 

the kind subject to this request in its Eufaula production operations, which support more than 200 

Americanjobs. Below, Johnson Outdoors describes the basis for its exclusion request, addressing 

each of the three factors that USTR has identified in its instructions: (1) whether the product subject 

to the request is available in the United States or in countries outside of China, (2) whether the 
Honorable Robert E. Lighthizer 

PUBLIC VERSION 

September 18, 2018 

Page 4 

imposition of duties on the product would cause severe economic harm to Johnson Outdoors or 

other U.S. interests, and (3) whether the products at issue is strategically important or related to 

"Made in China 2025" or other Chinese industrial programs. 

Whether the Product is Available Outside of China 

The product subject to this request consists of certain casing assemblies, consisting of an 

injection-molded plastic molding assembled with electronic components. Injection-molding 

allows complex shapes, or moldings, to be produced through injecting liquid plastic into a specially 

designed mold, or tooling. Injection-molding is used across a wide number of industries to produce 

specialized plastic moldings ranging from computer key caps to automotive body panels, and can 

fulfill a wide range of functional, structural and cosmetic needs for parts and assemblies. 

However, the ability to produce any particular molding first (and most importantly) 

requires production of the appropriate tooling, from layout to design to finish. As China has 

developed into a global supply hub for parts of various kinds, including plastic moldings, the 

expertise required to manufacture sophisticated tooling for injection-molded parts has moved away 

from other countries, including the United States, and into China. 

Johnson Outdoors' fish finder products are meant for use in outdoor conditions, on lakes, 

rivers and other waterways, and thus are subject to constant sunlight, extreme temperature 

fluctuations, water and humidity. Accordingly, the injection-molded plastic component of the 

casing assembly must be produced to highly specific dimensions, to ensure that the finished 

product is completely waterproof and otherwise ruggedized for outdoor use. Production of these 
Honorable Robert E. Lighthizer 

PUBLIC VERSION 

September 18, 2018 

Page 5 

goods requires skilled tool molders. While Johnson Outdoors has sought U.S.-based tooling and 

injection-molding suppliers in the past, U.S. producers of injection-molded parts have advised the 

company that they are unable to produce the tooling required to make the casings for Johnson 

Outdoors' fish finders. 

The products that are the subject of this exclusion request do not consist entirely of plastic 

moldings, but rather incorporate both injection-molded plastic components and electronic 

components such as wiring harness and keypads. However, as further explained below, Johnson 

Outdoors' ability to source casing assemblies from China, inclusive of both Chinese-origin 

moldings and Chinese-assembled basic electronic components, is central to the company's ability 

to maintain market share against competitors that manufacture wholly abroad, and therefore to the 

company's ability to maintain its U.S. fish finder assembly operations and the U.S. jobs that they 

support. 

Based on its knowledge of the market for injection-molded plastic components, Johnson 

Outdoors does not believe that the imposition of tariffs is likely to result in the movement of 

significant tooling and injection-molding expertise outside of China. As noted below, the 

Administration is not applying duties to third-country products that incorporate Chinese-origin 

injection-molded pieces, or even applying duties directly to complexly-shaped, injection-molded 

plastic articles from China.' Thus, the duties that the Administration has imposed on ChineseThe "List 1" tariffs do not apply to any goods of Chapter 39, HTSUS, which covers plastics. The "List 2" 

tariffs apply to certain plastics, but not to complex, injection-molded shapes, generally classifiable within Headings 

3922 - 3926. The just-finalized "List 3" tariffs, meanwhile, apply to certain finished plastic articles, including those 

that may be injection molded, but do not include goods oftariffline 3926.90.99, a "catch-all" line that CBP has 
Honorable Robert E. Lighthizer 

PUBLIC VERSION 

September 18, 2018 

Page 6 

origin products of 9014.90.60 that incorporate injection-molded plastic pieces affect only U.S. 

companies that use such products in their U.S. production operations, disadvantaging them relative 

to competitors that use such Chinese-origin inputs in production operations located in third 

countries. The duties are accordingly unlikely to produce price effects sufficient to induce any 

investment in U.S. or additional third-country production of injection-molded pieces of the kind 

needed by Johnson Outdoors. 

Whether Duties Will Cause Severe Economic Harm 

Johnson Outdoors uses casing assemblies of the kind subject to this request in its U.S. 

production of fish finders, products that rely on sonar to assist recreational fishermen in locating 

underwater structure and fish. Johnson Outdoors is proud to be the only company that 

manufactures such products domestically, assembling approximately [ ] fish finders 

annually in Eufaula, Alabama, where Humminbird fish finders have been made for more than forty 

years. Johnson Outdoors' domestic fish finder operations rely on more than 200 workers in 

Eufaula, and employ an additional 55 workers in software development, engineering, and 

marketing for Johnson Outdoors' fish finders in Alpharetta, Georgia, Little Falls, Minnesota, and 

Racine, Wisconsin. 

found applicable to a wide variety of complex shapes, including those that are finished goods in themselves, and 

those used as parts or components of other products. See, e.g., Headquarters Ruling Letter H282228 (Dec. 19, 2017) 

(classifying plastic parts for flash drives in 3926.90.99); Headquarters Ruling Letter H284146 (June 20, 2017) 

(classifying cell phone cases in 3926.90.99); Headquarters Ruling Letter H058790 (June 30, 2009) (classifying wallmounted plastic enclosures for telecommunications equipment in 3926.90.99). 
Honorable Robert E. Lighthizer 

PUBLIC VERSION 

September 18, 2018 

Page 7 

This domestic production, however, relies on imported inputs that simply cannot be 

sourced domestically. The 25% tariffs that have been imposed on tariffline 9014.90.60 not only 

raise Johnson Outdoors' input costs, they put the company's domestically-produced, Humminbird 

brand fish finders at a severe competitive disadvantage relative to competitor products, which are 

assembled in Mexico and Taiwan, and are thus not subject to the Section 301 duties. Indeed, 

becausefully-assembledfishfinders are classifiable in a duty-free provision, 9014.80.2000, these 

competitor products are subject to no duties at all. 

Importantly, these competitor products, like Johnson Outdoors' U.S.-produced fish finders, 

rely on Chinese-origin inputs. Thus, the Section 301 duties have the perverse impact of not only 

advantaging Johnson Outdoors' competitors' non-U.S. production operations, they permit Johnson 

Outdoors' competition to utilize Chinese-origin inputs in their production with no duty 

consequences, while obliging Johnson Outdoors to pay significant duties to obtain critical inputs 

that cannot be obtained in the United States. 

The market for recreational fish finders is highly cost-competitive. While Johnson 

Outdoors conducts significant U.S.-based research and development to bring consumers new and 

better fish finder products every year, cost is a significant factor in consumers' purchasing 

decisions. Simply put, pushing the costs of the duties down to consumers would require Johnson 

Outdoors to significantly raise the prices for its fish finders. But whether Johnson Outdoors passes 

costs along or absorbs them itself, the consequences will be significant: fewer sales, and thus fewer 

U.S. jobs in assembling fish finders and developing new fish finder technology. 
Honorable Robert E. Lighthizer 

PUBLIC VERSION 

September 18,2018 

Page 8 

Nor are jobs in Eufaula, Alpharetta, Racine and Little Falls the only likely casualties of 

these duties. Johnson Outdoors manufactures and sells a range of outdoor products. But fishing 

products are at the heart of Johnson Outdoors sales. Humminbird represents more than [ ] percent 

of the company's fishing-related business, accounting for over $[ ] million of the company's 

overall fiscal 2017 sales volume of $[ ] million. Thus, the 25% tariffs on the Chinese-origin 

casing assemblies that Johnson Outdoors sells will reverberate throughout the company, affecting 

its overall sales and profitability, and putting American jobs at risk from Alabama to Wisconsin 

and beyond. 

As previously noted, Johnson Outdoors is currently the only company producing fish 

finders in the United States. Johnson Outdoors believes that it has benefited significantly from 

keeping its fish finder production operations in the United States. In particular, Johnson Outdoors' 

U.S. production operations - which include U.S. production and programming of the printed 

circuit board assemblies that function as the "brains" of the product - allow the company to 

maintain a significant amount of control over its intellectual property, to maintain high standards 

of quality, and react flexibly and quickly to market demand. But the additional 25% duties on 

critical inputs stand to quickly tum the cost-benefit analysis that has favored Johnson Outdoors' 

U.S. production operations on its head. Ultimately, the company may be forced to consider 

something it is loath to do, i.e., relocating its assembly operations abroad, as its competitors have 

already done. Johnson Outdoors hopes to avoid this outcome, which would in no way advance the 

Administration's laudable goal of combatting unfair Chinese trade practices, but would instead 
Honorable Robert E. Lighthizer 

PUBLIC VERSION 

September 18, 2018 

Page 9 

leave a u.S. company weakened, while reducing employment in American communities that rely 

on the jobs that Johnson Outdoors has provided for generations. 

Whether the Product is Strategically Important or Related to Chinese Industrial Policies 

Johnson Outdoors does not believe the casing assemblies that are the subject of this request 

are strategically important to the Government of China or related to government-sponsored 

industrial policies. For example, in its "Made in China 2025" policy, the Government of China has 

committed significant resources to raising China's innovation, production, and international 

profile in key industry sectors, such as advanced information technology, robotics, aviation 

equipment, etc. While it is of course possible or even probable that injection-molded plastic pieces 

and basic electronic components such as wiring harnesses and keypads may be used in products 

corresponding to such industries, these pieces/components are unlikely to be the focus of 

government-sponsored innovation in the areas targeted by the "Made in China 2025" policy. 

Further, because the technologies underlying such pieces/components are well understood and are 

used across multiple industries, they have not been the subject to intellectual property theft or 

forced technology transfer. For its part, Johnson Outdoors has not faced any intellectual property 

issues relating to Chinese production of the casing assemblies that are subject to this request, or 

other components used in Johnson Outdoors' u.S. fish finder production operations, which are the 

subject of separate requests. Rather, Johnson Outdoors has faced intellectual property problems 
Honorable Robert E. Lighthizer 

PUBLIC VERSION 

September 18, 2018 

Page 10 

only from its competitors that assemble fish finder products outside of China, and which have 

infringed on Johnson Outdoors' patents relating to sonar technology." 

Conclusion 

Johnson Outdoors respectfully requests that USTR grant this request for an exclusion for 

injection-molded plastic moldings measuring over 100mm but not over 247mm in width, and over 

172mm but not over 415mm in length, incorporating rectangular apertures measuring over 74mm 

but not over 230mm in width, and over 100mm but not over 346mm in length, not incorporating 

liquid crystal displays or cover glass, assembled with expanded polytetrafluoroethylene vent 

patches, keypads, GPS antenna, access doors, connector interface panels, and/or wiring harnesses 

(provided for in 9014.90.60, HTSUS). Johnson Outdoors' continued u.S. production of fish 

finders depends on this exclusion, without which the company will face significant cost increases 

relative to its competitors, who manufacture their products fully abroad, and are able to incorporate 

Chinese-origin parts into their goods without any duty risk. These cost increases imperil American 

jobs, Johnson Outdoors' sales, and its ability to continue to innovate for the good of the American 

economy. 

Should you have any questions, please do not hesitate to contact the undersigned. 

4 See, e.g., Johnson Outdoors Press Release, "Johnson Outdoors and Humminbird® Receive Favorable ITC 

Ruling Against Garmin" (Nov. 18,2015), available at https:llwww.johnsonoutdoors.comlinvestor-news/johnsonoutdoors-and-humminbirdr-receive-favorable-itc-ruling-against-garmin-november. 
Honorable Robert E. Lighthizer 

PUBLIC VERSION 

September 18, 2018 

Page 11 

Respectfully submitted, 

Group Vice President - Fishing 

Johnson Outdoors Inc.