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. 

Public Version of BCI 

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

The subject product is an air purifier, models AP-25 and AP-25A. These air purifiers are specifically 

designed to cleanse the air of germs, allergens, and dander in medium to large roorns up to 184 square 

feet. Both models are identical in dimensions, material composition, and functionality. They also have 

identical components. The only difference in models are color and/or instruction book language. These 

products include a HEPA filter designed to capture up to 99.97% of airborne contaminants as srnall as 

0.3 microns. The product models are mainly intended for residential use. 

3. 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/ 

8421398015 

4. Requestor Information 

Requestor Name (Last, First): Greear, Joi 

Organization Name: HoMedics USA LLC 

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

Requestor Representative: Adrienne Braumiller, Braumiller Law Group, PLLC 

5. Requestor's relationship to the product: Iflorter 

6. Does this submission in regulations.govinclude additional attachments? 

'YES 

7. Please indicate whether any additional attachment contains business confidential 

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

Public Version of BCI 

VERSION 1 CONTINUED BELOW 1 
8. Is this product, or a comparable product, available from sources in the United States?: 

YES 

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

YES 

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. 

2017 Value: [BC I] 2017 Quantity: [BCI] 

2016 Value: [BCI] 2016 Quantity: [BCI] 

2015 Value: [BC I] 2015 Quantity: [BCI] 

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). 

The submitter certifies that information provided is complete and correct to the best of his or her 

knowledge. Please see attached narrative providing additional information regarding the exclusion 

request for this product. 

VERSION 1 END 2 
BRAUMILLER Amaar 1,1k LAW GROUP, PLLC 

fir INTERNATIONAL TRADE LAW PUBLIC VERSION 

Submitted Via VVVVVVRegulations.Gov 

September 28, 2018 

Ambassador Robert Lighthizer, U.S. Trade Representative 

Office of the United States Trade Representative 

600 17th Street NW, Room F516 

Washington, DC 20508-0001 

RE: USTR 2018-00025; Request for Exclusion From the Determination of Action Pursuant 

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

Intellectual Property, and Innovation Tariff Under Harmonized Tariff Code 

(HTS) 8421.39.8015 

Dear Sir, 

This request for exclusion is submitted pursuant to Federal Register notice published on July 11, 

20181, establishing the process to submit exclusion requests from tariffs applied to U.S. imports 

according to the Determination of Action Pursuant to Section 301 of the Trade Act of 1974: China's 

Acts, Policies and Practices Related to Technology Transfer, Intellectual Property and Innovation. 

We hereby respectfully request that the air purifiers imported by HoMedics USA LLC (HoMedics 

or the Company), under HTS code 8421.39.8015 be excluded from the additional 25% tariff 

imposed on this HTS code pursuant to Section 301. 

Explained below are the reasons why the air purifiers meet the elements in the Federal Register 

notice to be excluded from the additional tariff under Section 301. 

1. DistinquIshed from other products in the 8 Orclit HTS code 

The subject air purifiers are classified under HTS 8421.39.8015, "Filtering or purifying machinery 

and apparatus for gases; Other; Other; Dust collection and air purification equipment; Other. The 

8 digit code is only for "Filtering or purifying machinery and apparatus for gases; Other; Other; 

Dust collection and air purification equipment". Accordingly, the subject air purifiers, models AP25 and AP-25A, differ from other air purifiers in this general 8 digit classification as these purifiers 

are specifically designed to cleanse the air of germs, allergens, and dander in medium to large 

rooms up to 184 square feet. Both models are identical in dimensions, material composition, and 

functionality. They also have identical components. The only difference in models are color and/or 

instruction book language. The products are further distinguished from the 8 digit tariff description, 

as they include a HEPA filter designed to capture up to 99.97% of airborne contaminants as small 

as 0.3 microns. See Attachment A for a description of the lead model of the air purifiers. 

2. Severe economic burden to HoMedics and U.S. interests 

These air purifiers represent one of the Company's most imported and highest-selling lines. To 

levy this large of an additional cost to the product models translates to an additional cost of almost 

an additional [ ] to HoMedics in material purchases on Chinese manufactured air purifiers. This 

amount of additional spend on these imported product models would drastically reduce HoMedics' 

1 83 Fed. Reg. 32181 — 32184 (July 11, 2018). 

5))0 SPRING VALLEY RD., SUIII NU DALLAS. TEXAS 75754 OF(. (714) 348-930t FAX. (714) )1/ 930i 101L-FREE (8)7) 77/ `,(1P 

WWW.BRAUMILLERLAW.COM 
PUBLIC VERSION 

net income on the entire product offering for the entire period the tariffs are in effect. Further, the 

additional tariffs would severely curtail the Company's ability to develop new products, source 

new customers, and maintain existing large volume customers. Eventually this would lead to 

reduction of the Company's [ ] and reduction in its overall company footprint to offset the tariff 

impact. A truly "American made" company would suffer due to imposition of the additional tariffs. 

3. Impact of Changing Sourcing to HoMedics 

As provided in the attached exclusion request form, similar air purifiers can be sourced from the 

U.S. and other third countries such as South Korea, Thailand and Malaysia. However, there is a 

downtime and extreme additional monetary and resource cost in moving sourcing to suppliers in 

other countries. Primarily, the base cost of obtaining the air purifiers from the new supplier will 

be an increased price relative to that HoMedics currently pays to its established supplier. In 

addition to this detrimental impact to the Company's bottom line, it would take HoMedics 

approximately [ ] to be able to institute a sourcing change. During this time, the Company would 

be required to pay the additional 25% tariff under Section 301 while working towards initiating and 

negotiating new supplier relationships. Further, achieving the goal of cementing new supplier 

relationships requires an additional expenditure of approximately [ ]. This expense would be an 

incremental cost over the additional tariff duties, and in addition to the higher price paid to the 

new suppliers to source the product models. 

There are other impediments and obstacles beyond these increased base costs to obtaining 

alternate sourcing of the product models. The suppliers HoMedics currently source from are 

certified in U.S. Customs and Border Protection's CTPAT program (Customs Trade Partnership 

Against Terrorism), which is a key selling point to HoMedics and the companies it sells to. 

HoMedics would require that its new suppliers also be CTPAT certified, which is an additional 

burden in terms of cost, timing and resources from different departments to achieve that change. 

While HoMedics seeks to find new suppliers and obtain CTPAT certification for them, the 

Company could potentially lose customers during the changeover. Further, in addition to the 

additional time spent in reviewing new suppliers and negotiating new contracts, HoMedics would 

spend additional time and internal resources on conducting internal compliance audits with its 

new vendors to ensure they are adhering to the Company's strict quality assurance protocols and 

internal compliance controls. The monetary impact of the additional resources spent is difficult to 

quantify but places an additional burden on current U.S. employees for extended lengths of time 

and thus impairs the HoMedics model of productivity and efficiency to ensure the continued 

growth of this American company. 

4. Relevance to "Made in China 2025" program 

The air purifiers manufactured by the Chinese factories are made according to longstanding, 

public knowledge and experience in this industry area. Accordingly, there is no forced transfer of 

technology, which transfer is the focus of the Section 301 tariffs as discussed in the Section 301 

report from the USTR.2. 

2United States Officer of the Trade Representative "Findings of the Investigation Into China's Acts, Policies, 

and Practices Related to Technology Transfer, Intellectual Property, and Innovation Under Section 301 of 

the Trade Act of 1974, (Mar. 22, 2018); also found at: 

https://ustr. gov/sites/defau ItIfi les/Section %20301%20FINAL. PDF. 

Page 2 

3110 SPRING /./ALLEY RD., S11111 2UO DALLAS, TEXAS 752'14 OF C: (214) i48 -9.-!.043 FAX (714) 21 / 911)3 IOU -TREF: (877) 277 `198/ 

WWW.BRAUMILLERLAW.COM 
PUBLIC VERSION 

Additionally, the residential air purifier industry is not an advanced manufacturing area. The air 

purifiers are not one of the ten industries which are the focus of the "2025" program. Rather, these 

industries include: 

(1) advanced information technology; (2) robotics and automated machine tools; 

(3) aircraft and aircraft components; (4) maritime vessels and marine engineering equipment; (5) 

advanced rail equipment; (6) new energy vehicles; (7) electrical generation and transmission 

equipment; (8) agricultural machinery and equipment; (9) new materials; and (10) 

pharmaceuticals and advanced medical devices. 

The applicable Section 301 tariff list targets $34 billion in imports. As provided in the attached 

request form, HoMedics imports of the product models account for only about [ ] per year out of 

this massive import value of products from China. There is accordingly no direct link between 

these relatively low volume imports of the air purifiers, and the goals of the Section 301 tariffs to 

address the targeted industries in the "China 2025" program. 

Additionally, there is no joint venture between HoMedics and its Chinese suppliers. HoMedics' 

business relationship is not subject to any Chinese administrative policies which require the 

transfer of any U.S. intellectual property in any manner. Thus, penalizing a U.S. company where 

U.S. intellectual rights are not at risk by forcing it to pay additional duties does not further the U.S. 

government's policy regarding the "Made in China" initiative. In fact, the relationship between the 

Section 301 tariff goals and the actual impact in this instance is nonexistent. Applying the Section 

301 tariff to the imports of the air purifiers by HoMedics does not serve the purpose of the Section 

301 goals but in fact contravenes the goals. 

In light of the above, HoMedics sincerely requests that its air purifier models AP-25 and AP-25A 

be granted an exclusion of the 25% Section 301 tariff. Importation of these product models does 

not undermine the U.S. government policy toward the "Made in China 2025" program and would 

only be detrimental to the economic viability of this moderate sized U.S. company. The submitter 

certifies that information provided is complete and correct to the best of his or her knowledge. 

Sincerely, 

Digitally signed by Adrienne Adrienne Braumiller 

DN:cn=Adrienne Braumiller, 

o.Braumiller Law Group, PLLC, ou, 

B

raumiller emall=adrienne@braumillerlaw.com 

Date: 2018.091815:00:50 -05'00. 

Adrienne Braumiller, Esq. 

Trade Counsel for HoMedics USA LLC 

Page 3 

SPHING VAL(ÆY RD., SUM )0L) DALLAS, TEXAS 75254 LN C. (214) 348-9306 FAX: (214) 71 I(O TOIL-FREE: (877) 277 S98/ 

WWW.BRAUMILLERLAW.COM 
ATTACHMENT A 
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INSTRUCTION MANUAL AND WARRANTY INFORMATION 

TWO YEAR LIMITED WARRANTY AP-25 
IMPORTANT SAFETY INSTRUCTIONS 

WHEN USING ELECTRICAL PRODUCTS, ESPECIALLY WHEN CHILDREN ARE PRESENT, BASIC SAFETY 

PRECAUTIONS SHOULD ALWAYS BE FOLLOWED, INCLUDING THE FOLLOWING: 

READ ALL INSTRUCTIONS BEFORE USING 

DANGER _ TO REDUCE THE RISK OF ELECTRIC SHOCK: 

• Always unplug the air purifier from the electrical outlet immediately after using and before cleaning or 

replacing filters. 

• Keep cord away from heated surfaces. 

• Always place the air purifier on a firm, level surface. 

• Always place the air purifier at least six (6) inches away from walls and three (3) feet from heat 

sources such as stoves, radiators, or heaters. 

• DO NOT reach for an appliance that has fallen into water. Unplug it immediately. 

• DO NOT place or store appliance where it can fall or be pulled into a tub or sink. 

• DO NOT place in or drop into water or other liquid. 

• Keep dry - DO NOT operate in wet or moist conditions. 

• Check your air purifier cord and plug connections. Faulty wall outlet connections or loose plugs can 

cause the outlet or plug to overheat. Be sure the plug fits tightly in the outlet. 

NOTE: This appliance has a polarized plug (one blade is wider than the other). To reduce the risk of 

shock, this plug is intended to fit only one way in a polarized outlet. If the plug does not fit fully in the 

outlet, reverse the plug. If it still does not fit, contact a qualified electrician. DO NOT attempt to defeat 

this safety feature. To do so could result in an electric shock hazard. 

WARNING_ TO REDUCE THE RISK OF BURNS, FIRE, ELECTRIC SHOCK, OR INJURY TO PERSONS: 

• Always unplug the air purifier when not in use. 

• Do not operate the air purifier with a damaged cord or plug, or after the air purifier malfunctions, 

or has been dropped or damaged in any manner. Return to HoMedics Consumer Relations for 

examination, electrical or mechanical adjustment, or repair. 

• This air purifier is not intended for use in bathroom, laundry areas and similar moist indoor locations. 

• Do not run cord under carpeting. Do not cover cord with throw rugs, runners or similar coverings. Do 

not route cord under furniture or appliances. Arrange cord away from traffic areas where it can be 

tripped over. 

• To disconnect the air purifier, first turn controls to the OFF position, then remove plug from outlet. 

• Do not tilt or move the air purifier while it is in operation. Shut off and remove plug from outlet before 

moving. 

• Do not insert or allow foreign objects to enter any ventilation or exhaust opening as this may cause an 

electric shock or fire, or damage the air purifier. 

• Do not block air intakes or exhaust in any manner. Do not use on any soft surface, like a bed, where 

openings may become blocked. 

• Use this air purifier only for its intended use is described in this manual. Any other use not 

recommended by the manufacturer may cause fire, electric shock, or injury to persons. 

• DO NOT use outdoors. 

• This product is intended for household use only. 

SAVE THESE IMPORTANT INSTRUCTIONS FOR EASY REFERENCE 
Control Panel 

True HEPA Filter Carbon Odor Filter Grille Cover 

Fan Speed Selection Replace Carbon Odor Filter Replace True HEPA Filter 

(Low, Medium, High) Indicator Button Indicator Button 

Power DN/OFF 

NIGHT MODE Timer Control Timer Indicators 

TOTAL CLEANTM AIR PURIFIER UNIQUE FEATURES & SPECIFICATIONS 

CONTROL PANEL 

TRUE HEPA FILTRATION 

Removes up to 99.97% of airborne particles as small as 0.3 microns such as allergens, pollen, dust, 

germs, pet dander, odor, mold spores and smoke. 

CARBON ODOR FILTER 

Reduces household odors and captures large particles 

3 SPEEDS 

Low, medium and high speeds 

BUILT-IN TIMER 

Programmable, choose from 2, 4, 8, or 12 hours 

NIGHT MODE 

Turns off the display lights while air purifier continues to operate 

REPLACE FILTER INDICATORS 

Illuminates when it is time to replace the True HEPA or Carbon Odor Filter 

SUGGESTED ROOM SIZE 

184 FT' / 17.1 M2. Portable air purifiers will be more effective in rooms where all the doors and windows 

are closed. 

AIR CHANGES PER HOUR 

This air purifier will purify the air in a 184 FT2 / 17.1 RI' room (assuming an 8 FT / 2.43 M ceiling) 

4.8 times per hour on high speed in a closed room. 
HOW TO USE 

Before Turning the Unit On 

• Take the air purifier out of the box and remove the clear protective plastic bag. 

• Place the air purifier on a firm level surface. 

• Locate the Carbon Odor Filter inside the box and remove the protective plastic bag. 

• Install the Carbon Odor Filter and make sure the True HEPA Filter is firmly in place. 

1. Open the back grille by pulling on the tabs on 

either side of the top of the grille cover. 

2. Open the cover outward until the tabs at the 

bottom of the grille cover easily slide away from 

the unit. 

3. The top of the Carbon Odor Filter has 2 slots for 

installation. Hang the Carbon Odor Filter on the 

top tabs on the inside of the grille cover and 

secure under the bottom tabs. 

HOW TO USE 

4. The True HEPA Filter will be resting inside the 

unit. Make sure the filter is firmly seated inside 

the unit with the Air Flow arrows pointing toward 

the inside of the air purifier. 

5. Place the tabs at the bottom of the grille cover 

into the base of the unit. Gently push the grille 

cover back into place until you hear a click sound 

indicating that the grille is firmly latched. Plug 

the power cord into a standard AC outlet. 

ON/OFF AND FAN SPEED SEUINGS 

• To turn the air purifier on, press the ON/OFF (5 button. When the air purifier is on, the ON/OFF button 

and fan speed indicator will illuminate and the air purifier will start to operate. 

• To activate NIGHT MODE and turn the air purifier display lights off, press the ON/OFF ot button a 

second time 

NOTE: Night mode can only be activated when the air purifier is powered on. 

• To turn the air purifier off, Press the ON/OFF (,) button a third time. I

• This air purifier has 3 fan speed settings: LOW (1), MEDIUM (2), and HIGH (3). The higher the fan 

speed setting, the faster the air will be purified. To select or change fan speed, press the FAN SPEED 

® button until desired speed is reached. 

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6 7 
HOW TO USE 

TIMER 

Select timed operation of your air purifier with the TIMER 0 Control. Timed operation of up to 12 hours 

can be selected. The air purifier will turn off automatically after the selected timer interval has elapsed. 

Use the timer setting whenever you wish to maintain air quality over a given time period (up to 12 hours), 

but do not wish to leave your air purifier running continuously. 

To select timed operation, press the TIMER Control until desired timer setting is reached. Timer 

interval selected is indicated by the illuminated time interval to the right of the timer control. To deselect 

timed operation, cycle through all timer settings until no timer interval is illuminated. 

FILTER REPLACEMENT 

REPLACE CARBON ODOR FILTER INDICATOR BUTTON 

The Replace Carbon Odor Filter Indicator illuminates when it is time to replace the Carbon Odor Filter 

based on the air purifiers hours of use. 

REPLACE TRUE HEPA FILTER INDICATOR BUTTON 

The Replace True HEPA Filter Indicator illuminates when it is time to replace the True HEPA Filter based on 

the air purifiers hours of use. 

FILTER REPLACEMENT 

It is recommended to check the filters on occasion if used to remove stronger odors or under heavy pollen 

conditions. 

REPLACING THE CARBON ODOR FILTER 

For optimal performance, replace every 3-months under normal usage conditions. Once the Carbon Odor 

Filter has been replaced, press and hold the Replace Carbon Odor Filter Button for 3-seconds to reset the 

indicator. 

To purchase genuine HoMedics replacement Carbon Odor Filters, model AP-25CRF, go back to your retailer 

where you purchased your air purifier, or visit (US) www.homedics.com, (CAN) www.homedics.ca 

REPLACING THE TRUE HEPA FILTER 

For optimal performance, replace every 12-months under normal usage conditions. Once the True HEPA 

Filter has been replaced, press and hold the Replace True HEPA Filter Button for 3-seconds to reset the 

indicator. 

To purchase genuine HoMedics replacement True HEPA Filters, model AF-20FL, go back to your retailer 

where you purchased your air purifier, or visit (US) www.homedics.com, (CAN) www.homedics.ca 
ENERGY STAR 

CLEANING AND CARE 

For best perforrnance, we recommend: 

• NEVER use water or any household cleaners or detergents to clean the True HEPA Filter or Carbon Odor 

Filter. 

• Clean off the outside of the unit with a dry cloth once a month. 

• NEVER use water, wax, polish, or any chemical solution to clean the outside of the unit. 

• Clean off the grille cover using a damp cloth or the brush attachment of your vacuum once a month. 

• Replace the Carbon Odor Filter every 3 months under normal usage conditions. 

• Replace the True HEPA Filter every 12 months under normal usage conditions. 

• Always use genuine HoMedics® replacement filters for optimal performance. 

This product earned the ENERGY STAR by meeting strict energy efficiency guidelines set 

by the US EPA. US EPA does not endorse any manufacturer claims of healthier indoor air 

from the use of this product. 

The energy efficiency of this ENERGY STAR qualified model is measured based on a ratio 

between the model's CADR for Dust and the electrical energy it consumes, or CADR/Watt. 

TROUBLESHOOTING 

PROBLEM POSSIBLE CAUSE SOLUTION 

Unit will not operate • Unit is not plugged in • Plug unit in 

• No power to unit • Press the ON/OFF button to 

turn the power on 

• Check circuits, fuses, try a 

different outlet 

Reduced airflow or poor filtering • The back grille may be 

blocked 

• Check to rnake sure nothing 

is blocking the back grille 

and air outlet 

• True HEPA Filter may be 

clogged • Replace the filters 

• Carbon Odor Filter may be 

clogged 

Excessive noise • The unit is not level • Place the unit on a flat, level 

surface 

Replace Filter light remains lit • The appropriate replace • Press and hold the 

after filter replacement filter indicator needs to be 

reset 

appropriate replace filter 

button for 3 seconds 

The air purifier seems to be 

producing odors 

• The filters need replacing • Replace the filters as 

needed 

10 11