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 Document 

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

The Braeburn 7205 Model is a 7 day and 5-2 day universal programmable, or non-programmable, wall mounted 

thermostat to control heat and air conditioning in the home. It can be either hard wired or battery operated. This mode 

is compatible with heat pump systems up to 3 heat/2 cool and conventional systems up to 2 heat/2 cool. The 

thermostat has a large 3 square inch easy read, bright blue backlight display and has circulating fan mode, 

SmartLimit temperature limits, and Auto or manual changeover. This model is virtually compatible with all 

smartphones, tablets, or PC's, has text and e-mail service and temperature alerts, and uses QuickEdit which makes 

scheduling temperature changes easy. The products dimensions are 3.70" x 5.16" x 1.38" 

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/ 

9032100030 

4. Requestor Information 

Requestor Name (Last, First): 

Organization Name: 

Glenn Moore 

Braeburn Systems LLC 

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

Requestor Representative: Adrienne Braumiller, Esq., Braumiller Law Group, PLLC 

5. Requestor's relationship to the product: Importer 

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

Y ES 

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 Document 

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

NO 

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: N/A - Did not import 2017 Quantity: N/A - Did not import 

2016 Value: N/A - Did not import 2016 Quantity: N/A - Did not import 

2015 Value: N/A - Did not import 2015 Quantity: N/A - Did not import 

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 letter. The above information is currently unavailable. Additional information available upon 

request. 

VERSION 1 END 2 
BRAUMILLER 

LAW GROUP, PLLC 

INTERNATIONAL TRADE LAW 

Submitted Via WWW.Reaulations.Gov 

October 1, 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) 9032.10.0030 

Dear Ambassador Lighthizer, 

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 

pursuant 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 wall mounted thermostats imported by Braebum Systems 

LLC (Braeburn or the Company), under HTS code 9032.10.0030 be excluded from the additional 

25% tariff imposed on this HTS code pursuant to Section 301. 

Explained below are the reasons why the thermostats meet the elements in the Federal Register 

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

1. Distinguished from other products in the 8-digit HTS code 

The subject thermostats are classified under HTS 9032.10.0030, "Thermostats; for air 

conditioning, refrigeration or heating systems; wall-mounted". The 8-digit code is only for 

"Thermostats; for air conditioning, refrigeration or heating systems". Accordingly, the subject 

thermostats, Braeburn BlueLink Smart Wi-Fi Model 7205, differ from other thermostats in this 

general 8-digit classification as these thermostats may only be mounted on walls. The product is 

distinguished from the 8-digit tariff description as it is a 7 day and 5-2 day universal programmable, 

or non-programmable, wall mounted thermostat to control heat and air conditioning in the home. 

It can be either hard wired or battery operated. This model is compatible with heat pump systems 

up to 3 heat/2 cool and conventional systems up to 2 heat/2 cool. The thermostat has a large 3 

square inch easy read, bright blue backlight display and has circulating fan mode, SmartLimit 

temperature limits, and Auto or manual changeover. This model is virtually compatible with all 

smartphones, tablets, or PC's, has text and e-mail service and temperature alerts, and uses 

QuickEdit which makes scheduling temperature changes easy. The products dimensions are 

3.70" x 5.16" x 1.38. See Attachment A for a description of the thermostat. 

2. The thermostats are currently only available from China 

Braeburn Systems LLC has established a strong relationship with its manufacturer in China. The 

manufacturer produces the thermostats according to Braeburn's strict specifications and quality 

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

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control measures. Braeburn has now created a long standing, dependable relationship with this 

supplier as it has been working with this Chinese manufacturer for 17 years. In fact, the Chinese 

supplier, Computime Group Limited, is a 27% member of Braeburn Systems LLC. However, all 

products manufactured are under Braeburn's protected intellectual property. Generally, only 10% 

of the north American thermostat market is produced in the U.S., Canada, and countries other 

than China and Mexico. Accordingly, there are very few U.S. producers available that could 

produce Braeburn's thermostats and the cost would be much higher, in addition to the cost of 

changing sourcing. Although the thermostats could be made by entities in Mexico, to suddenly 

change Braeburn's sourcing to another country would take at least 9-12 months to establish the 

process and educate the new manufacturer on Braeburn's strict standards. Braebum has over 40 

different room thermostat variations. The Company can only move 5 to 8 models at a time due to 

constraints on engineering and manufacturing resources. This would require the entire effort of 

the Company to initiate and bring to a successful conclusion. Costs associated with moving 

production could be as high as $500,000 depending on need for new tooling, test fixtures or other 

related equipment to facilitating production at the new facility. 

In the meantime, Braeburn would be paying an additional 25% to import the thermostats thereby 

adding immensely to the company's cost. The subject thermostats represent an insignificant 

amount of the $50 billion in imported goods from China that the Section 301 tariffs are intended 

to address. Further, Braeburn is a small sized business, employing directly about 23 people. The 

additional burden of paying these tariffs for its imports is disproportionate to the size of the 

Company. The additional duties represent a heavy burden on Braeburn's ability to absorb the 

additional financial impact and still retain its level of economic viability. 

3. Severe economic burden to Braeburn and U.S. interests 

To levy this large of an additional cost to the product translates to additional costs in material 

purchases on Chinese manufactured room thermostats. This would basically eliminate 

Braeburn's 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, generate new proprietary intellectual property, source new customers, and maintain 

existing large volume customers. Eventually this would lead to reduction of the Company's SG&A 

budgets, elimination of numerous jobs, 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. 

4. Relevance to "Made in China 2025" program 

The thermostats manufactured by the Chinese factory are made according to Braeburn's own 

proprietary specifications and patented technology. Braebum has experienced no breach of its 

intellectual property rights from this factory in its history of operation, and the Company would 

instantly lodge a complaint if such violation were identified. As the intellectual property is owned 

exclusively by Braeburn, it is not transferring any IP to the Chinese factory. There is no forced 

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

Page 2 

WWW.BRAUMILLERLAW,COM 
Section 301 report from the USTR.2. Further, the thermostats 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. 

There is accordingly no direct link between these relatively low volume imports of the thermostats, 

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 the two companies, and all intellectual rights are 

owned by Braeburn Systems LLC, a U.S. company. Braeburn's business relationship is not 

subject to any Chinese administrative policies which require the transfer of its intellectual property 

in any manner. Thus, penalizing a U.S. company whose intellectual rights are already protected 

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 

thermostats by Braeburn does not serve the purpose of the Section 301 goals but in fact 

contravenes the goals. 

In light of the above, Braeburn sincerely requests that its thermostat Braeburn BlueLink Smart 

Wi-Fi Model 7205 be granted an exclusion of the 25% Section 301 tariff. Importation of this 

product 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 small sized U.S. company. 

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

knowledge. 

Best regards, 

Digitally signed by Adrienne Adrienne DN. cn=Adrienne Braurniller, 

o=Braurniller Law Group, PLLC, au, 

Braurniller emn7ilasdrienne@braurnillerlaw.co 

Date: 2018.10.01 1717:48 -0500' 

Adrienne Braumiller, Partner. 

Trade Counsel for Braeburn Systems LLC 

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: 

httos://ustr.gov/sites/default/files/Section%20301%20FINALPDF. 

Page 3 

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ATTACHMENT A 
Braeburn 

Up to 3 Heat / 2 Cool Heat Pump 7205 Up to 2 Heat / 2 Cool Conventional 

Smart Wi-Fi Universal Thermostat 

Braeburn 

BlueLink) 

srnart connect IMO la IMO OM MI MD 

!7 V5TEM PROG HOLD RETURN DAYINME 

YEAR 

LIMITED 

WARRANTY 

Phone not included. 

Thermostat Features Application Features 

• 7 Day, 5-2 Day or Non-Programmable 

• Large 3 sq. in. Backlit Display 

• Compatible with Virtually All Smartphones, 

Tablets or PC's 

• Bright Blue Backlight • Multi-Color Program Groups Simplify Scheduling 

• Auto or Manual Changeover • Text and E-Mail Service and Temperature Alerts 

• User and Installer Lock Modes • BlueLink QuickCopy®Allows User to Duplicate 

• SmartLimitn^ Temperature Limits Program and Configuration to Other Thermostats 

• Auxiliary Heat Fossil Fuel Option • QuickEdit® Makes Schedule Changes Easy 

• Hardwire or Battery Powered • BlueLink SmartData® Energy Report Capability 

• Circulating Fan Mode • Monitor and Control Multiple Thermostats 

• Easy Access Dealer Information 

• Wi-Fi works without common (C) wire on 

most systems; requires common on Heat • Optional Geofencing for Increased Energy Savings 

Pump, Heat Only or Cool Only Systems 

Omvelean en iie ANDROID APP ON 

App Store Google play 

FREE Color Contractor Branding! Compatible with Amazon Alexa 

Visit braeburnonline.com Amazon Alexa is a trademark of Amazon.com. Inc. WWW.bluelinksmartconnect.com 

Toll-Free 866.268.5599 (U.S.) +1.630.844.1968 (Outside the U.S.) 
Braeburn 

BlueLink Smart Connect Application Screens 

Multi-Color Program Groups 

Simplifies program scheduling by allowing user to group days and walk through programming 

set points, times and temperatures quickly and easily. 

BlueLink SmartData Energy Reports 

Gives the user the capability of retrieving usage data for individual thermostats for specific time periods. 

Geofencing BlueLink QuickCopyo Feature Service and Temperature Alerts 

Product Specifications 

Dimensions: 3.70" x 5.16" x 1.38" 

Electric Rating; 24 Volt AC (18-30 Volt AC) 

1 amp maximum load per terminal 

5 amp total maximum load (all terminals) 

Shipping Information 

INDIVIDUAL CARTON 

Dimensions: 4.5'' x 5.75" x 2.25" 

Weight: 1.0 lbs. 

MASTER CARTON 

Quantity: 3 

Dimensions: 7.15" x 6" x 4.7" 

Cubic Feet: .14 

Weight: 3.25 lbs. 

AC Power: 

DC Powen 

To Use Wi-Fi: 

Compatibility: 

Wi-Fi Communication: 

Control Range: 

Display Range: 

Accuracy: 

Terminations: 

18-30 Volt AC 

3.,0 Volts DC (2 "AA" Alkaline batteries included) 

Wi-Fi works without common (C) wire on 

most systems; requires common on Heat 

Pump, Heat Only or Cool Only Systems 

Heat pump systems up to 3 heat/2 cool, 

Conventional systems up to 2 heat/2 cool 

802.11 

45° to 90° F (7° to 32° C) 

40° to 99° F (5° to 37° C) 

+/- 1° F (+/- .5° C) 

Rh, Rc, C, W2, W1/E/W3, 0/B, G, Y2, Y1, K 

Braeburn 7205 Replaces* 

Honeywelr TH8732WF, TH6220WF Prol° T855i, T701i 

Emerson' 1F86U-42WF Nest' T100577, T200577, T3007ES 

-Verify specific application reguirements.All trademarks are the properly of their respective owners. 

Accessories 

7340 Share-a-Wire® Module 2920 Vertical J-Box Adapter Wall Plate (6.5" x 5.1") 

5970 Universal Thermostat Guard 2950 Universal Wall Plate (6.5" x 6.5) 

FREE Contractor Visit our website (www.braeburnonline.com) for more information, contact your local distributor 

Branding Availablet or call our sales department toll-free at 866.268.5599 (U.S.), +1.630.844.1968 (Outside the IS.). 

LITAL7] 

N•r; 

E 

Apple and the Apple logo are trademarks of Apple inc., 

registered in the U,S. and other countries.App Store ls a 

service mark of Apple inc. Amazon, Alexa and all related 

logos ale trademarks of Amazon.com, inc, or its affiliates. 

02018 Braebum Systerns LLC • All Rights Reserved. 2215 Cornell Avenue • Montgomery, 11 60538 • Toll-Free 866.268.5599 (U.S.) +1.630.844.1968 (Outside the U.S.) 7205-300-03