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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

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

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the HTSUS item number associated with your product, see https://hts.usitc.gov/

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Submitted via www.regulations.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 2018-00025; 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”) 

8413.70.2005 

Dear Ambassador Lighthizer, 

 

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

2018,1 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 pool filter pumps imported by Academy, Ltd. d/b/a Academy 

Sports + Outdoors (“Academy” or “the Company”) under HTS 8413.70.2005 be excluded from 

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

 

Explained below are the reasons why the filter pumps 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 filter pumps are classified under HTS 8413.70.2005, “[p]umps for liquids, whether or 

not fitted with a measuring device; liquid elevators; part thereof: [o]ther centrifugal pumps; [o]ther; 

[o]ther: [s]ingle-stage, single-suction, close-coupled: [w]ith discharge outlet under 5.08 cm in 

diameter.” The HTS classifies “other centrifugal pumps” in the 8-digit subheading, HTS 

8413.70.00, and further categorizes the subheading into eight 10-digit statistical suffix provisions. 

The other 10-digit provisions include a variation of pumps, specifically submersible pumps; singlestage, single-suction, frame-mounted pumps; single-stage double suction pumps; and multi-stage, 

single or double-suction pumps. The subject Intex 1200 Gallon Sand Filter Pump 201105406 is 

classified in the 10-digit provision, HTS 8413.70.2005, because it is a non-submersible, singlestage, single-suction, close-coupled pump that is double insulated with a separate motor chamber 

and replaceable cartridge filter. Furthermore, Customs New York Ruling C89845, dated August 

6, 1998, confirms HTS 8413.70.2005 as the proper classification for this type of filter pump. See

Attachment A for a picture of the filter pump. 

 

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

BRAUMILLER 

LAW GROUP, PLLC 

INTERNATIONAL TRADE LAW 

5220 SPRING VALLEY RD.,SUITE 200 DALLAS, TEXAS 75254 (214)348-9306 TEL. (214) 217-9309 FAX (877) 277-5987 TOLL-FREE 

WWW.BRAUMI LLERLAW.COM 
Section 301 List 1 – Exclusion Request 

Page 2 

2. The filter pumps are sourced through domestic vendors that manufacture products 

in China

Academy sources many products from domestic vendors, many of whom are manufacturing 

products in China that are subject to these tariffs. While the Company is unaware of alternative 

vendors or producers in the U.S. or elsewhere that could manufacture Academy’s filter pump lines, 

the cost of such pumps would be much higher, in addition to the cost of changing sourcing. 

Additionally, the Company can only move a limited amount of product at a time due to constraints 

on resources. This would require the entire effort of the Company to initiate and bring to a 

successful conclusion. Costs associated with finding a new vendor and establishing production 

would likely be substantial, depending on items and equipment needed to facilitate production. 

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

In total, Academy imports [ ] of the subject filter pumps from China. This imported value 

represents an insignificant amount of the $50 billion in imported goods from China that the Section 

301 tariffs are intended to address. Without changing sourcing, Academy would be paying an 

additional 25% to import the filter pumps thereby adding immensely to the company’s cost. The 

additional duties represent a heavy burden on Academy’s ability to absorb the additional financial 

impact and still retain its level of economic viability.

These filter pumps represent a very popular product line for Academy. To levy this large of an 

additional cost to the product translates to additional costs of $25,000 for every $100,000 in

material purchases on Chinese manufactured filter pumps. This would eliminate a large portion of 

Academy’s net income on the entire product offering for the entire period the tariffs are in effect.

Further, the additional tariffs would curtail the Company’s ability to develop new products and

maintain its existing customer base. Eventually, this would lead to a reduction in Academy’s 

revenue and an increase in retail prices to cover the effects of the tariff.

4. Relevance to “Made in China 2025” program 

 

The purpose for the Section 301 tariffs is to stop the forced transfer of U.S. technology and 

intellectual property to China. The products that Academy sells to the American consumer are 

generally not high-tech. Some examples include: boat pumps, pool filters, deer feeders, and 

switches, which are products within the current scope of List 1. It is unlikely that adding an 

additional 25% duty on a filter pump, which is unrelated to technology, would deter China from 

its current policies. The goal of preventing the transfer of intellectual property or technology to 

China would only be furthered by increasing the duty on companies who are engaging in providing 

technology to China; this does not include Academy or its products. 

In addition, filter pumps are not one of the following ten industries which are the focus of the 

“Made in China 2025” program:

 

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; 

-

5220 SPRING VALLEY RD.,SUITE 200 DALLAS, TEXAS 75254 (214)348-9306 TEL. (214) 217-9309 FAX (877) 277-5987 TOLL-FREE 

WWW.BRAUMILLERLAW.COM 
Section 301 List 1 – Exclusion Request 

Page 3 

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 imports of the filter pumps and the goals of the 

Section 301 tariffs to address the targeted industries in the “Made in China 2025” program. 

Additionally, Academy’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 by forcing it to pay additional duties does not further the U.S. government’s policy 

regarding the “Made in China 2025” program. 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 filter pumps by Academy does not serve the purpose of the Section 301 goals

but in fact contravenes the goals. 

 

In light of the above, Academy sincerely requests that its Intex 1200 Gallon Sand Filter Pump 

201105406 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 U.S. company. Academy certifies that 

information provided is complete and correct to the best of its knowledge.

Best regards, 

Adrienne Braumiller, Partner

Outside Trade Counsel for Academy, Ltd. 

5220 SPRING VALLEY RD.,SUITE 200 DALLAS, TEXAS 75254 (214)348-9306 TEL. (214) 217-9309 FAX (877) 277-5987 TOLL-FREE 

WWW.BRAUMILLERLAW.COM 
. ATTACHMENTA