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 particular product of concern:

4.

*

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/

7.

5. Requestor's relationship to the product:

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.

Requestor Information

Requestor Name (Last, First):

VERSION 2 CONTINUED BELOW 1
8. Is this product, or a comparable product, available from sources in the United States? (If you

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

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:

2016 Value:

2015 Value:

2017 Quantity:

2016 Quantity:

2015 Quantity:

% of your total gross sales in 2017 that the Chinese-origin product accounted for.

% of the total cost of producing the final product(s) the Chinese-origin input 

accounts for.

% of your total gross sales in 2017 that sales of the final product(s) incorporating 

the input accounted for.

VERSION 2 CONTINUED BELOW 2

indicate "NO", you must provide support for your assertion in Box 12).

indicate "NO", you must provide support for your assertion in Box 12).

11. Is the Chinese-origin product of concern sold as a final product or an input used in

a) For imports sold as final products, please provide:

b) For imports of inputs used in the production of final products, please provide:

the production of a final product or products?
12. Please provide information in support your request, taking account of the

VERSION 2 END 3

instructions provided in Section B of the Federal Register notice. If you

responded "NO" to Questions 8 or 9, you must provide support for your

assertion in the box below. (Note: text entered below can extend beyond the

apparent size of this box).
201 South Biscayne Blvd, 28th Floor - Miami, FL 33131 USA 

Tel: +1.305.868.4343 SKYPE: scottwestphal CANCOCORP@aol.com

September 28, 2018 

Document: USTR-2018-0025-0001 

Re: Supportive Narrative for exclusion from: Determination of Action Pursuant to 

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

Intellectual Property, and Innovation 

Trade Act of 1974 (19 U.S.C. 2411(b)): 83 FR 14906 (April 6, 2018) Section 301(b) 

A Plastic Film to Metal Coil Lamination System designed to bond plastic barrier films to 

steel or aluminum coils 

USHTS: 8420.10.9080 (9903.88.01; 83 F.R. 28710 and 83 F.R. 40823) 

Introduction

Can Components Corporation (CCC) is working with its industry associates to 

implement Next Generation film-to-metal (sic. ‘coated with plastics’) lamination systems. 

Lamination of Flat-Rolled metal coils, prior to metal container fabrication, replaces 

interior lacquers and exterior coatings containing 40 → 60% petrochemical solvents 

which vaporize upon thermal-curing. 

‘Green’ film-to-metal lamination lines will eliminate thousands of tons, annually, of 

fugitive effluent emissions and corresponding GreenHouse Gasses caused by current 

can lacquers and coatings. The capital cost of these systems is comparatively modest; 

the applied cost is significantly lower. 

Review of 232 exclusion requests reveal a modest adoption of this Replacement 

Technology, from foreign sources, by some of our industry colleagues. Film-to-metal

lamination has been widely implemented in Japan, China and has lower marketpenetration in Europe. 

CCC has conferred with each USA fabricator of metal-containers (specialty-cans, foodcans, aerosol-cans, chemical-cans, pails and drums) and glass-container metalclosures, USA Flat-Rolled steel mills and TMP distributions centers to encourage 

consideration of installing CCC’s film-to-metal lamination systems. 

There are no film-to-metal lamination commercial systems currently installed in the USA 

at this time and therefore we have no alternative but to request an exclusion from the 

application of this 301 tariff. It’s implementation will considerably impede our progress in 

this imperative industry conversion and thereby reduce our metal container industry’s 

global competitive capability. An uncompetitive industry will imperil 22,000 American 

workers in the metal-container manufacturing industry. 

An exclusion for Plastic Film to Metal Coil Lamination Systems will help avoid such job 

losses and other costs without undermining the objectives of the Section 301 action on 

Chinese imports. 

Accordingly, as explained in further detail below, we urge the Department to grant 

exclusion for imported Chinese Plastic Film to Metal Coil Lamination Systems 

addressed in the attached exclusion request form. 
2 

Product Identification; 

Re: Pg 9 exhibit “dwg” 

Re: Pgs 10 - 12 exhibit “manual” 

A Plastic Film to Metal Coil Lamination System designed to bond plastic barrier films to 

steel or aluminum coils. The system operates by unspooling a coil of aluminum or steel 

and laminating the metal with a layer of specially designed plastic film backed by an 

adhesive bonding “tie layer”. The metal coil-strip is combined with the laminating film 

and passed through a series of parallel “pinch rollers” that press the film to the metal. 

Microwave induction units in the lamination system thermally activate the “tie layer,” 

causing the film to bond to the metal sheet. The now-laminated sheet is cooled and 

subsequently re-coiled. This system may be augmented with one or both-sides: DRY 

laminated film (“tie-layer” applied to the film) and the second side: may be applied with a 

WET adhesive film. 

The laminated metal coils will be used to manufacture metal containers including cans 

(beverages, food, chemicals), pails, drums and glass-container metal-closures. The 

primary function of the system is to laminate coils of metal with a plastic barrier film. The 

system unspools a coil of metal, laminates it with a plastic film, and then re-spools the 

laminated metal 

A video has been posted to provide a visual reference: https://youtu.be/6kVfvVPRd0Q 

HTSUS; 

Re: Pgs 13 - 14 exhibit “CCC-N300153-Ruling” (9/17/2018) 

8420.10.9080 (9903.88.01; 83 F.R. 28710 and 83 F.R. 40823) 

Ability to Administer; 

In accord to tariff classification ruling N300153, “The applicable subheading for the 

complete Plastic Film to Metal Coil Lamination System will be 8420.10.9080, 

Harmonized Tariff Schedule of the United States (HTSUS), which provides for 

Calendering or other rolling machines, other than for metals or glass, and cylinders 

therefor; parts thereof: Calendering or other rolling machines: Other: Other. 

Such an exclusion would be simple to administer, and would relieve both the industry 

and the Department from the substantial and unnecessary burden of dealing with 

hundreds of duplicative applications. Our metal container industry has been 

consolidated by a few conglomerates. Our lamination system’s destination / installation 

will provide a conclusive determination of this equipment. 

Annual Quantity and Volume; 

Plastic Film to Metal Coil Lamination System imports will not exceed 100 per year. 
3 

Product Only Available from China; 

CAN COMPONENTS CORPORATION (CCC) is a storied contributor to our metal container 

industry (Re: Pg 15 exhibit "History"). The metal container industry includes decorative tins, 

chemical, aerosol, food and beverage cans. Our Film-to-Metal lamination system will 

also provide output for the metal pail, drum and glass-container metal-closure 

industries. 

CCC's centennial expertise includes the application of protective lacquers / coatings and 

films to aluminum and steel. 

I can report, with authority; Film lamination is a significant 'replacement technology' 

which has been initiated and refined in recent decades. Lamination systems are known 

to be installed at metal container steel providers in Germany, The Netherlands, Japan 

and China. 

Film-to-metal lamination has been widely implemented in Japan. As China experienced 

its recent industrial boom, metal container fabricators were provided the historic option 

of legacy solvent based lacquers / coatings or 'Green' film lamination. The popular 

adoption of film-to-metal lamination has catapulted China to the forefront of this 

replacement technology. 

There are significant competitive advantages (Re: Pg 16 exhibit "Benefits") for company's 

implementing lamination. Their selection of equipment suppliers has been guarded as 

proprietary. We have diligently scoured available periodicals and do not know of 

providers other than CCC's Original Equipment Manufacturer: Jiangyin Ruixing Science 

& Technology, Co, Ltd- Jiangyin, Jiangsu, China 

(http://ruixingtec.com/en_products_s.asp?id=1065) 

Our industry's international repository 'The Canmaker' magazine's equipment supplier 

'Directory' lists a singular film-to-metal provider: https://www.canmaker.com/online/thedirectory/?wpbdp_view=search&dosrch=1&listingfields%5B1%5D=&listingfields%5B2%

5D=198&listingfields%5B4%5D=&listingfields%5B10%5D=-1&kw= 

Jorson Packaging Machinery- PanYu District, Guangzhou, China is CCC's system 

integrator, safety compliance implementor and installer of Jiangyin Ruixing systems: 

http://can-equipment.com/6-1-tinplate-laminating-line/186721 

Is Product Related to “Made in China 2025”; 

This film to metal lamination system is not included in “Made in China 2025” objectives. 

Product Available from USA Source; 

A modest USA company, Design Analysis, attempted to develop this technology, 

however never manufactured a production system. A current search finds this entity to 

be 'Inactive' (i.e., no longer in business): 

http://search.sunbiz.org/Inquiry/CorporationSearch/SearchResults?inquiryType=EntityN

ame&searchNameOrder=DESIGNANALYSIS&searchTerm=%22Design%20Analysis%

22 
4 

Sec 301 Tariff will impose costs with no corresponding benefit; 

Imposing a 25% tariff on the steel can industry's for imported Chinese Plastic Film to 

Metal Coil Lamination Systems imports will impose a significant barrier-to-entry for our 

industry modernization efforts. 

The conversion to this ‘Green’ technology will not impact USA equipment suppliers. 

The metal container industry is a mature industry with installed, prior-generation, 

solvent effluent lacquer application methodologies. Film to metal lamination systems 

will not compete with USA solvent polluting equipment manufacturers; it will 

decommission current equipment installations. 

CCC’s efforts to motivate this conversion are compelling, yet challenging. Most 

prospective customers are reluctant to divert monies from current acquisitions to 

process improvements. A 25% ‘cost increase’ (i.e., tariff) will increase an already steep 

slope in our undertaking. 

Any Other Information Relevant to Submission; 

Contrary to widely held perceptions; this Chinese fabricated film to metal lamination 

system has the capability of eliminating current industry fugitive solvent emissions 

(a.k.a. air-pollution). 

In just one segment, cans fabricated for beverages (soda and beer), atmospheric 

emissions totaled 3 thousand tons in a single year (2016; Re: Pg 17 exhibit “Bevcan 

Effluents”). This report does not include attendant GreenHouse Gas emissions which 

will also be eliminated. 

These pollutants are not transferred to an up/downstream process, they will be net 

reductions / eradications. 

Film-to-metal lamination is an imperative conversion for our industry to compete with 

foreign metal container manufacturers. Our industry's premier fabricator of laminated 

cans, Toyo Seikan- Japan, has announced their intent to leverage their lamination 

competitive advantage to capture USA customers (Re: Pg 18 exhibit 'Competitive Threat'). 

Our USA metal can industry employs 22,000 workers. Their future employment will be 

negatively impacted if this 'newest-and-best' technology is not implemented. 

CCC has met with or communicated our film-to-metal lamination system to each 

participant in the USA metal container industry. Current consideration will be derailed by 

the 301 tariff as committees would be required to scrap all current business purchase 

rationalization models (and authorizations) and begin the process anew. 

If your group requires any additional clarifications or documentation, we would be 

pleased to provide it at this time. 
5 

Conclusion 

Based on the unavailability of USA Plastic Film to Metal Coil Lamination Systems, we 

respectfully urge the Department to grant exclusion for this replacement technology. 

Please let us know if you have any questions or would like to receive any additional 

information-and, in particular, if you would like us to provide additional information that 

strongly supports this exclusion request. 

Sincerely, 

Scott K Westphal, President 
CAN COMPONENTS CORP.

N298984; Film to Metal Coil Lamination Systems130 f/p/m: 17' x 72' x 12'h400 f/p/m: 24' x 260' x 33'h
Jiangyin Ruixing Science & Technology Co, Ltd.

Huang Tang Industrial Park, Xiake, Jiangyin- Jiangsu China 214407

Tel +011.86.510.8691.3842 http://ruixingtec.com/en_products_s.asp?id=1065

- 1 -

 

Double-sided Composite Machinery Group

Operation Manual

Model: RX-LL40-1100

Contents 

1、 Safety

2、 Instructions 

3、 Overview 

4、 Description 

5、 Instruction 

 5.1、Films 

 5.2、Coil Placement 

 5.3、Line Threading 

 5.4、Coil Stitching

 5.5、Metal / Film Indexing

 5.6、Thermal Setting

5.7、Tension Setting

5.8、Film Indexing

5.9、Trim Film Scrap-End

5.10、Film Gluing

5.11、Output Setting
Jiangyin Ruixing Science & Technology Co, Ltd.

Huang Tang Industrial Park, Xiake, Jiangyin- Jiangsu China 214407

Tel +011.86.510.8691.3842 http://ruixingtec.com/en_products_s.asp?id=1065

- 2 -

6、Troubleshooting 

7、Maintenance 

8、Caution 

Electrical Instructions

1、Safety 

1)、No Flame, or Smoking in Work Area

2)、To avoid static shock; do not touch the film when equipment is operating.

3)、When equipment is operating, do not touch the film, grab articles, or 

coworkers standing by the veering rollers;

Upon audible ‘START’ signal, contact must be avoided

4)、Burn Hazard: oil pipe and heated segment of steel belt

5)、Do not overload

6)、Do not remove safety guard 

2、Function

 This system is the latest technology to bond plastic films to aluminum or 

steel coils. It has the capability to heat seal or liquid adhesive bond single or 

multi-layer films to the base metals using minimal energy and eliminates 

polluting effluents. It is commercially operating in several metal container 

facilities. 

3、Equipment overview
Jiangyin Ruixing Science & Technology Co, Ltd.

Huang Tang Industrial Park, Xiake, Jiangyin- Jiangsu China 214407

Tel +011.86.510.8691.3842 http://ruixingtec.com/en_products_s.asp?id=1065

- 3 -

4、Equipment Description

This compact system is 1/3 the size of prior-generation lacquer lines and 

has 2x the output (i.e., Interior / Exterior sides simultaneously). Alert, 

professional operators can be trained within two weeks, upon installation. This 

contrasts to years of apprenticeship required for lacquer / litho trades. 

5、Operation instructions

5.1 Films 

PET: PolyEthylene Terephthalate

OPP: Oriented PolyPropylene

CPP: Copolymerized PolyPropylene
U.S. Customs and 

Border Protection

N300153 

September 17, 2018 

CLA-2-84:OT:RR:NC:N1:105 

CATEGORY: Classification 

TARIFF NO.: 8420.10.9080, 9903.88.01 

Scott Westphal 

Can Components Corporation 

201 South Biscayne Blvd, 28th Floor 

Miami, FL 33131 

RE: The tariff classification of a film to metal coil lamination system from China 

Dear Mr. Westphal: 

In your letter dated August 18, 2018, you requested a tariff classification ruling. 

The product at issue is described as a Plastic Film to Metal Coil Lamination System. Per the 

information provided with your submission, the system is designed to bond plastic barrier films to 

steel or aluminum coils. The system operates by unspooling a coil of aluminum or steel sheeting an

laminating the metal with a layer of specially designed plastic film backed by an adhesive bonding 

“tie layer.” The metal sheeting is combined with the laminating film and passed through a series of 

parallel “pinch rollers” that press the film to the metal. Microwave induction units in the laminatio

system thermally activate the “tie layer,” causing the film to bond to the metal sheet. The nowlaminated sheet is cooled and subsequently re-coiled. You indicate that the laminated metal coils 

will be used to manufacture metal containers such as cans for beverages, food, chemicals, etc. 

Based on the information provided, the primary function of the system at issue is to laminate sheet

of metal with a plastic barrier film. The machine does not manufacture steel or aluminum into shee

or coils (indeed, the metal must be pre-coiled prior to use with the lamination system), nor does it 

appear to form, shape, or otherwise work the metal sheeting that passes through the system. The 

system unspools a coil of metal, laminates it with a plastic film, and then re-spools the laminated 

metal. The complete system at issue appears to serve a function similar to that of the coating and 

laminating machine described in New York Ruling Letter N014735, dated August 10, 2007. 
information, please see the relevant Federal Register notices dated June 20, 2018 (83 F.R. 2

and August 16, 2018 (83 F.R. 40823). Products of China that are provided for in subheadin

9903.88.01 or 9903.88.02 and classified in one of the subheadings enumerated in U.S. note 

U.S. note 20(d) to subchapter III shall continue to be subject to antidumping, countervailing

duties, fees and charges that apply to such products, as well as to those imposed by the 

aforementioned Chapter 99 subheadings. 

Products of China classified under subheading 8420.10.9080, HTSUS, unless specifically e

are subject to the additional 25 percent ad valorem rate of duty. At the time of importation, 

must report the Chapter 99 subheading, i.e., 9903.88.01, in addition to subheading 8420.10.

HTSUS, listed above. 

Duty rates are provided for your convenience and are subject to change. The text of the 

recent HTSUS and the accompanying duty rates are provided on the World Wide Web a

https://hts.usitc.gov/current. 

This ruling is being issued under the provisions of Part 177 of the Customs Regulations 

C.F.R. 177). 

A copy of the ruling or the control number indicated above should be provided with the 

documents filed at the time this merchandise is imported. If you have any questions rega

the ruling, contact National Import Specialist Evan Conceicao at 

evan.m.conceicao@cbp.dhs.gov. 

Sincerely, 

 

 (for) 

Steven A. Mack 

Director 

National Commodity Specialist Division 
History 

1883• 1915 Julius W. Westphal apprentices with Phoenix Can, predecessor to American Can Company 

豆豆 Upon the creation of ACC Julius travels throughout the USA to launch Greenfield metal lithography 

departments for ACC 

1915• 1942 Julius establishes Metal Litho Corp; Bush Terminal-Brooklyn, NY, USA 

Bush Terminal is the USA's first metal container mega-center containing five canmakers. 

Son, William J. Westphal assists to build capital and is a cofounder of the Brooklyn Metal Decorators Assn 

(1933), predecessor of International Metal Decorators Ass tion (1M DA) 

945 1975 Third-generation, James J. Westphal, commences an industry-rol/up of competitive eastern 

USA lithographers. His adept management succeeds in the creation of the USA's largest metallitho raph

28 lacquer I print lines and 3 Littel/ systems operating in five locations 

975 →丁 988 Decades of Verlical-Integration benefited lithographers as fil/ers and packers commenced 

self-mfg of 3-Piece cans. This was followed by an industry-consolidation period. This mega-trend eviscerated the 

lithographer's customer base. Fourth-gen Scott Westphal forecasted this reality and commenced upon a 

successful redeployment of thi s i nvestment 

1988• 1999 Sc estphal launches Tin Mil/ Prod distribution center, ML Service Trenton, NJ. 

This successful Greenfield was purchased by US Can in 1999 

1999• Present Capitalizing upon industry expertise and network alliances, Scott Westphal launches 

CAN COMPONENTS CORP; Innovation Implementation of shaped Morph Cans@awarded 20+ utility I design 

USA and i nternati onal patents 

CCC provides Tin Mil/ Products, cans, can ends, DRγLami nati on systems and our i ust premier 

Powder Side Striping systems to The Americas 
CAN COMPONENTS CORP.

Replacement Technology

 Fifty+ systems installed and commercially operating Cold Rolled Steel, Black Plate, Tin Free Steel and 

Electro Tin Plate compatibility (adhesion & no tin-reflow)

 3-Piece can body Welded Side Seam capability 

(removal of film in can-margin)

 Pre-Printed film capability: 3-Piece can bodies, can ends, clo

5 gallon pails, 55 gallon drums

 12 month delivery – 2 month installation – 2 week training of 

employees

 Fractional cost: 130 f/p/m- $3.2m → $8.6m - 425 f/p/m Compact footprint; eliminate unnecessary entry / exit accumu

towers

 ‘Green’ eliminate GreenHouse Gas emissions: CO2 / N2O / C
Anheuser Bush Ardagh Ball Crown 1-Butanol Diethylene Glycol 

Monohexyl Ether Xylene Total

X n.a. n.a. -

X n.a. n.a. -

X 82,000 33,500 115,500

X 18,806 8,632 27,438

X 61,410 45,162 106,572

X 57,000 23,600 80,600

X n.a. n.a. -

X 66,270 59,057 125,327

X n.a. n.a. -

X n.a. n.a. -

X n.a. n.a. -

X n.a. n.a. -

X 80,000 37,000 117,000

X 109,855 202,340 312,195

X 44,146 43,563 87,709

X 46,039 20,416 66,455

X n.a. n.a. -

X 91,000 89,000 180,000

X 20,700 23,600 44,300

X n.a. n.a. -

X n.a. n.a. -

X 63,269 23,289 86,558

X 20,117 6,660 19,546 46,323

X 125,000 99,000 224,000

X n.a. n.a. -

X n.a. n.a. -

X 216,059 186,944 403,003

X n.a. n.a. -

X n.a. n.a. -

X n.a. n.a. -

X 140,042 111,165 251,207

X n.a. n.a. -

X n.a. n.a. -

X n.a. n.a. -

X 135,767 69,849 205,616

X 157,000 69,000 226,000

X 83,075 65,249 148,324

X n.a. n.a. -

X 77,000 31,000 108,000

X 33,000 35,000 68,000

X 405,504 167,760 573,264

X n.a. n.a. -

X n.a. n.a. -

X 252,000 285,000 537,000

X 258,128 109,620 367,748

X 36,707 31,768 68,475

X 159,943 70,445 230,388

X 51,404 47,563 98,967

X 46,289 33,916 80,205

X 32,000 15,400 47,400

X 13,900 6,797 20,697

X 42,000 20,500 62,500

X n.a. n.a. -

X n.a. n.a. -

X 348,000 144,000 492,000

X n.a. n.a. -

X 173,121 149,776 322,897

X 155,000 61,200 216,200

X 43,743 46,796 90,539

X n.a. n.a. -

X 14,600 15,700 30,300

X 168,240 168,240 336,480

 3,928,134 2,657,507 19,546 6,605,187 

BEVERAGE CAN FABRICATORS 2016 EFFLUENTS (pounds per year)
CAN COMPONENTS CORP.

A Clear And Present Thre

"...Exploiting these strengths will allow the developmerevolutionary metal container production systems that low-consumption, low-energy, and efficient employmentwhich is expected to reduce the barriers that equipmen

investment, materials procurement, and production technhave posed to internalizing production of metal containethe Tender Offeror’s (sic Toyo Seikan) provision of low

production systems to beverage manufacturers and otbusinesses, enable beverage manufacturers to interna

production of material containers...”

http://www.toyokohan.co.jp/en/news/pdf/topics180207.pdf; Pg