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 products are water fountains, models WFL-320 and WFL-320BK. These models are identical 

in dimensions, material composition, and functionality. They also have identical components. The 

products are decorative water fountains specifically designed for indoor, tabletop use. The products are 

decorative, tiered water fountains specifically designed for indoor, tabletop use. The products feature an 

illuminated opening at the opening of the fountain to allow water to flow down the three tiers into a 

collection basin. They are powered by a durable electrical water purnp that must be submerged to 

function properly and measure 7.88Lx7.88Wx4.88H. The products unique design rnimics cascading 

waters and evokes a relaxing ambience. 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/ 

8413702004 

4. Requestor Information 

Requestor Name (Last, First): 

Organization Name: 

Greear, Joi 

HoMedics USA LLC 

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

Requestor Representative: Adrienne Braumiller, Braumiller Law Group, PLLC 

5. Requestor's relationship to the product: importer 

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 
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: [BCI] 2017 Quantity: [BCI] 

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

2015 Value: [BCI] 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 
mavcrik BRAUMILLER im. 

111111W. 7A LAW GROUP, PLLC 

INTERNATIONAL TRADE LAW PUBLIC VERSION 

Submitted Via MAW Requlations.Gov 

October 9, 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 2018-0025; 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) 8413.70.2004 

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 water fountains imported by HoMedics USA LLC 

(HoMedics or the Company), under HTS code 8413.70.2004 be excluded from the additional 25% 

tariff imposed on this HTS code pursuant to Section 301. 

Explained below are the reasons why the water fountains 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 water fountains are classified under HTS 8413.70.2004, "Other centrifugal pumps; 

Other; Submersible pumps." The 8 digit code is only for "Other centrifugal pumps; Other." 

Accordingly, the subject water fountains, models WFL-320 and WFL-320BK, differ from other 

water fountains in this general 8 digit classification as these fountains are submersible. These 

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

identical components. The products are decorative, tiered water fountains specifically designed 

for indoor, tabletop use. The products feature an illuminated opening at the opening of the fountain 

to allow water to flow down the three tiers into a collection basin. They are powered by a durable 

electrical water pump that must be submerged to function properly and measure 

7.88Lx7.88Wx4.88H. The products are further distinguished from the 8 digit tariff description, 

as their unique design mimics cascading waters and evokes a relaxing ambience. See 

Attachment A for a description of the lead model of the water fountains. 

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

These water fountains represent a highly profitable product line last imported around 2008, but 

HoMedics currently has plans to resume importing the water fountains in the near future. In fact, 

production is already in progress for the WFL-320 and WFL-320BK models. To levy this large of 

an additional cost to the water fountain product models the Company plans to resume importing 

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

3) 10 WRING VALLE'? RD., SUI11 1U0 DALLAS. TEXAS 75)54 OW ()14) 2.48-9?0.6 FAX 2141 /1/ itri 011-fREE: (8)7127 T5981 

WWW.BRAUMILLERLAW.COM 
PUBLIC VERSION 

translates to a substantial additional cost to HoMedics in material purchases on Chinese 

manufactured water fountains. This amount of additional spend on these imported products would 

drastically reduce HoMedics net income on the entire product offering for the entire period the 

tariffs are in effect. Even so, this future imported value represents an insignificant amount of the 

$50 billion in imported goods from China that the Section 301 tariffs are intended to address. 

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 water fountains 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 water fountains 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 products. 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 water fountains 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 

Page 2 

,))0 WRING VALLEY RD., L MD DALLAS, TEXAS 75754 OFC: (714) 348-9306 FAX: (714) 71 /•9303 1011-FREE: (877) 277 `3981 

WWW.BRAUMILLERLAW.COM 
PUBLIC VERSION 

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

report from the USTR.2. 

Additionally, the residential water fountain industry is not an advanced manufacturing area. The 

water fountains 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 water fountains, 

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 water fountains 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 water fountain models WFL-320 and 

WFL-320BK 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 Braurniller 

DN cr,Adrienne Braumiller, 

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Date: 201t3 10 08 17:51150 -0500' 

Adrienne Braumiller, Esq. 

Trade Counsel for HoMedics USA 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: 

https://ustrgov/sItes/defaultlfiles/Section%20301%20FINAL.PDF. 

Page 3 

57)0 SPRING VALLEY RD., 50111 200 DALLAS, TEXAS 75254 OF( (214) 348-9306 FAX: (214) 211 93tH I 01.1.-FREE• (877) 277 598/ 

WWW.BRAUMILLERLAW.COM 
ATTACHMENT A 
o 

A - Fountain top 

B - Fountain bottom 

C - Pump 

D - Adapter 

IMPRESSION 

WFL-320 

You no longer have to journey for a 

re/axing natural experience. A Mirra 

soothing fountain from HoMedics lets you 

connect to that same elemental calm by 

bringing the sounds of the outdoors into 

your personal setting. 

REGISTER YOUR FOUNTAIN 

Registering your fountain secures the benefits of 

your warranty (even if you lose your receipt). li 

also makes it easier for us to assist you if you ever 

have an issue with your product. 

www.homedics,com/product-registration 

PARTS AND PIECES 

UNIQUE FEATURES AND SPECIFICATIONS 

Natural water sounds 

Soothing sounds create a relaxing ambience. 

Unique lighting 

Warm glow enhances any environment. 

Convenient tabletop size 

7.88" x 7.88 x 4.88" for an easy fit on most surfaces. 

Adapter voltage 

120 VAC, 60Hz 

o co 

www.homedics.com US: 1-800-466-3342 CAN: 1-888-225-7378 IB-WFL320 
FILL UNE 

o 

o 

DRIP LOOP 

HOW TO USE 

Instructions 

1. Familiarize yourself with the pump. The switch located at 

the front of the pump controls the pump speed. The speed 

is indicated by a plus (+) and minus (-) sign. To increase the 

speed, move the switch slowly to the left in the direction 

of the plus sign. At its highest speed level, the switch will 

cease to move any farther. To decrease the pump speed 

for less water flow, move the switch to the right toward 

the minus sign. Similarly, at its lowest speed, the switch will 

cease to move any farther. 

2. Connect the male and female part of the LED light 

connector and twist cap tightly. 

3. Insert the tube into the pump. 

4. Fill base with clean water up to the fill line. Keep the 

water filled to the suggested level at all times for optimum 

performance. 

5. Set the fountain top onto the base. 

6. Attach the AC adapter jack to the base power cord. 

DO NOT plug into outlet at this time. 

7. Set the fountain on a level, waterproof surface. 

8. Plug the cord into a 120-volt household outlet. The 

switch located on the power cord controls the fountain. 

lf pump doesn't operate, click the power button once 

to turn the fountain on and once more to turn it off. 

NOTE: Ensure that the electrical cord loops below the 

electrical outlet to form a "drip loop." This will prevent 

water from running down the cord into the electrical 

outlet. 

9. For best results, operate with pump completely submerged. 

Keep the water level at the fill line at all times. 

TO CLEAN 

1. To clean the pump: Unplug from electrical outlet. Use a 

small brush or stream of water to remove any debris. 

2. To keep water clean: Periodically change water and 

clean the product according to the water condition. 

Over time, fountain water and the fountain itself become 

dirty. We suggest cleaning and exchanging water weekly 

to increase the longevity of the fountain. 

3. To clean off hard water deposits on the base: Soak the 

container in a mixture of vinegar and water to clean and 

remove any mineral buildup. 

4. Keep water at an optimum level: Add water periodically 

to keep it at an optimum level to avoid shortening the life 

of the pump. Never let the pump run dry. 

5. Fountain storage: Unplug the fountain from the electrical 

outlet, empty the water, dry the fountain, and store in a 

cool, dry place. 
WHEN USING ELECTRICAL PRODUCTS, ESPECIALLY WHEN 

CHILDREN ARE PRESENT, BASIC SAFETY PRECAUTIONS 

SHOULD ALWAYS BE FOLLOWED, INCLUDING THE 

FOLLOWING: 

READ ALL INSTRUCTIONS BEFORE USING. 

• Always place fountain on a firm, flat surface. Due to 

the imperfect edges that are inherent to our natural 

stone fountains, water may splash outside the base 

of the unit. Therefore, we strongly recommend that 

you place your fountain and fountain parts on a 

waterproof surface or that you cover the surface 

with a waterproof barrier. 

• DO NOT place on any surface that can be damaged 

by water. 

• DO NOT reach for a unit that has fallen into water. 

Unplug it immediately. 

• DO NOT place or drop into water or other liquids. 

• DO NOT use water above 86°F. 

• Use this unit only for its intended purpose as described 

in this document, the Quick-Start Guide and User 

Guide. 

• DO NOT use attachments not recommended by 

MIRRA or HoMedics; specifically, any attachments 

not provided with this unit. 

• NEVER drop or insert any object into any opening. 

• DO NOT place the fountain near heat sources, such 

as a stove. 

• Always keep the cord away from high temperatures 

and fire. 

• To disconnect, turn all controls to the off position, 

then remove the plug from the outlet. 

• DO NOT use outdoors. For indoor use only. 

• Never cover the unit while it is operating. 

• Perform regular maintenance on the fountain. 

• Never use detergent to clean the fountain. 

• Never clean the fountain by scraping with a hard 

object. 

• DO NOT attempt to adjust or repair the unit. Servicing 

must be performed by professional, qualified 

personnel. 

• Stop using this unit if there is an unusual noise or smell. 

• Unplug this unit when not in use for a long period of 

time. 

• DO NOT clean, adjust, or move the fountain, or 

place hands into the water of the fountain without 

first unplugging it from the electrical outlet. 

• Keep this unit out of reach of children. 

• Never let the pump run dry, as this will shorten the life 

of the pump. 

• Operate pump completely submerged for proper 

cooling. 

• To ensure quiet operation of pump, you must rinse 

off all surfaces of your fountain, including the rocks 

(if provided with your model) before using the first 

time. Any dirt or residue that remains on the fountain 

surface may obstruct the water flow through your 

pump, thereby causing unnecessary noise. 

• DO NOT carry this appliance by the power cord or 

use the cord as a handle. 

• Operate with tap or distilled water. 

• The pump must be completely submerged in water. 

If the pump is making noises, most likely it is not 

completely submerged in water. 

• The electric cord of this product cannot be replaced. 

If it sustains damages, you must stop using the 

product immediately and contact MIRRA Consumer 

Relations (see Warranty section for Consumer 

Relations contact information). 
CONTACT US 

Questions or concerns? We're here to help. Contact a 

Consumer Relations representative by phone or email 

to help answer any questions. Please be sure to have 

the model number of your product available. 

For service in the USA 

email: cservice@homedics.com 

phone:1-800-466-3342 

8:30am-7:00pm EST Monday-Friday 

For service in Canada 

email: cservice@homedicsgroup.ca 

phone:1-888-225-7378 

8:30am-5:00pm EST Monday-Friday 

1-YEAR LIMITED WARRANTY 

For detailed warranty instructions, 

visit www.homedics.com. 

To obtain warranty service on your Mirra product, 

contact a Consumer Relations representative by the 

telephone number or email address for your country 

of residence. Please make sure to have the model 

number of the product available. 

For service in the USA 

email: cservice@homedics.com 

phone:1-800-466-3342 

8:30am-7:00pm EST Monday-Friday 

For service in Canada 

email: cservice@homedicsgroup.ca 

phone:1-888-225-7378 

8:30am-5:00pm EST Monday-Friday 

IB-WFL320 l ©2018 HoMedics, LLC. 

All rights reserved. I Tous droits réservés. I Todo derechos reservados. 

Mirra is a trademark of HoMedics, LLC. I HoMedics is a registered trademark of HoMedics, LLC. 

To register your product, visit us online. 

S: 1-800-466-3342 CAN: 1-888-225-7378 II \,\(1 I ,7()