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:
AERUS LLC SECTION 301 EXCLUSION REQUEST for GUARDIAN ANGEL (Model F179A) 

PUBLIC DOCUMENT 

2.  Product Description 

Air Purifier Model 

Name  Guardian Angel 

Model No.  F179A 

Dimensions  18.7"H x 10"D 

Weight  9.2 lbs. 

Composition  Aluminum  

Filtration Methods  Proprietary Photocatalytic 

Ionization  and 

Proprietary TRUE HEPA 

Safety Certifications  ETL (US and Canada) 

Other Certifications  California Air Resource Board 

Certified; CE; FCC; Energy 

Star 

Other Notables 

Zero Ozone Emissions; 

Aromatherapy  

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 

utilizes 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 bills of material the product 

has been extensively tested to meet these specifications.   

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 products which are available from sources outside of China 

don’t incorporate the technologies we develop and own.  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. 

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”).  Both the product 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 product 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 smaller packages and reduce 

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.