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AERUS LLC SECTION 301 EXCLUSION REQUEST for HEPA REPLACEMENT FILTER (Part No. 

49385) (to fit Guardian Angel Air Purifier)  

PUBLIC DOCUMENT 

2.  Product Description 

Replacement Filter 

Name 

HEPA Filter – Guardian 

Angel 

Part No.  49385  

Dimensions  12.25”H x 10”D x 10” H 

Weight  3.0 lbs 

Composition 

Hydrophobic polypropylene 

compound; a layer of 

polyester wadding infused 

with activated carbon and is 

coater with a photocatalyst 

Made to Fit  Guardian Angel Air Purifier 

(Model F179A) 

3.  The 10 digit subheading of the HTSUS most applicable to the particular product requested for 

exclusion.

Response:  The Importation of the product is covered under HTSUS Code 8421.3980.15.  Section 8421 

covers “Centrifuges including centrifugal dryers, filtering or purifying machinery and apparatus for 

liquids or gases and parts thereof”.  3980 is a catch all “other” category.  Subsection 15 is “Other” in the 

“Other” category above and is where Consumer Residential Air Purifiers, parts and filters are covered.  

Imposing tariffs on products falling within this subsection 15 category appears to be an unintended 

consequence of the Administration’s stated objective of imposing tariffs on products imported from 

China which contain industrial significant technology.  Products under this subjection generally do not 

meet this criteria.  

10.  Value and Quantity Information 

Response:    This relative response includes BCI and can be found in our separate BCI submission.  

Disclosure of that information would endanger trade secrets or profitability and this information 

would not customarily be released to the public

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

provided in Section B of the Federal Register notice. 

Whether the particular product is available only from China.  In addressing this factor, requestors 

should address specifically whether the particular product and/or a comparable product is available 
from sources in the United States and/or in third countries. 

Response:   The product falls under USHTS Code 8421.3980.15, was designed in the United States and is 

an integral part of the Company’s proprietary PCO and other filtration technologies, which are key 

differentiations to all other air purification products on the market.  The product is manufactured to the 

Company’s exacting specifications to ensure efficacy, quality, performance and adherences to regulatory 

requirements to maintain product certifications.  Components listed in the bill of material the product 

have been extensively tested to meet these specifications.  The product may only be used with the 

Company’s exclusive and proprietary consumer portable residential air purifiers (the “Company’s 

Proprietary Air Purifier”). 

The Company has a history dating to 1924 of manufacturing and selling premium long‐lasting products, 

first under the Electrolux USA brand and now under the Aerus brand.  The product can only be 

purchased through our independent authorized franchise network (comprised of over 300 locations) 

and their independent sales force (comprised of thousands of representatives)  

Other portable residential air purification filters which are available from sources outside of China don’t 

incorporate the technologies we develop and own nor do they fit the Company’s Proprietary Air Purifier.  

Our products consistently out‐perform other portable residential air purification products in the 

elimination of mold and odor causing bacterial and pathogens.  There are simply no comparable 

products available from sources in the United States and/or other countries and because of the 

technologies involved and complexities of product component part supply it would be difficult to 

transition manufacturing outside of China.  The product is the exclusive replacement filter for the 

Company’s Proprietary Air Purifier which has a 5‐year warranty.  Without this filter, we would be unable 

to service our units and customers. 

Whether the imposition of additional duties on the particular product would cause severe economic 

harm to the requestor or other U.S. Interests. 

Response:   The additional duties imposed under the tariff will cause severe economic harm to both (i) 

the Company and its employees and (ii) the independent franchisees and their sales representatives.  

The Company maintains an approximate 400,000 square foot distribution and manufacturing facility in 

Bristol, VA and employs approximately 200 people.  The Company manufacturers HEPA vacuum cleaners 

and other healthy home products at this facility (the “American Made Products”).  The product, the 

Company’s Proprietary Air Purifier and the American Made Products are warehoused and distributed at 

this facility and are marketed and sold through the Company’s independent franchisee network. 

The Company’s franchise business model is based on in‐person demonstrations (whether in‐home, or at 

home shows, fairs, etc.) of a complete healthy home package.  Franchisees and their sales 

representatives are trained to introduce the Company’s Proprietary Air Purifier as a gateway product, by 

demonstrating its features, benefits and proprietary technologies and to then complete the healthy 

home package with one or more American Made Products.  This system has been proven out over the 

years and results in higher ticket packages necessary to sustain the independent franchisees’ businesses.   
Because of limited consumer price elasticity, the imposition of the tariff will result in higher initial and 

on‐going costs for the Company’s Proprietary Air Purifier and in turn, fewer of the Company’s 

Proprietary Air Purifiers being sold, smaller packages and reductions in the amount of American Made 

Products being sold.  This will impact our franchisees networks’ profit margin and in turn our ability to 

continue production of the American Made Products. 

Whether the particular product is strategically important or related to “Made in China 2025” or other 

Chinese industrial programs.

Response:  The product is not important or relevant to Made in China 2025 or other Chinese industrial 

programs. 

Requestors may submit information on the ability of U.S. Customs and Border Protection to administer 

the exclusion. 

Response:  The product is produced by a single manufacturer and shipped directly to the Company in 

cargo containers resulting in simple administration by U.S. Customs and Border Protection.