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, model BRT-210. These air purifiers are specifically designed for 

portable, tabletop use in eliminating odors from pets, cooking and smoke in areas up to 500 square feet. 

The product is distinguished from the 8 digit tariff description, as it uses water and 100% natural citrus 

air revitalizers to wash air of its odors and includes three bottles of Lemon, Lime, and Orange air 

revitalizers. The product is 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/ 

8421.39.8015 

4. Requestor Information 

Requestor Name (Last, First): 

Organization Name: 

Greear, Joi 

Homedics 

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: 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 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: [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 
BRAUMILLER 

11S -1/ INA LAW GROUP, PLLC 

FIF INTERNATIONAL TRADE LAW PUBLIC VERSION 

Submitted Via WIAM/Requlations.Gov 

September 27, 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. Distinguished from other products in the 8 digit 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 equipmenr. Accordingly, the subject air purifiers, model BRT210, differ from other air purifiers in this general 8 digit classification as these purifiers are 

specifically designed for portable, tabletop use in eliminating odors from pets, cooking and smoke 

in areas up to 500 square feet. The product is distinguished from the 8 digit tariff description, as 

it uses water and 100% natural citrus air revitalizers to wash air of its odors and includes three 

bottles of Lemon, Lime, and Orange air revitalizers. See Attachment A for a description of the 

air purifier. 

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 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 products would drastically reduce HoMedics net 

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

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

).)10 SPRING VALLEY RD., SIMI! MO DALLAS, TEXAS 75254 DEC: (214) 348-930( (AX 214) )1 I-9301 I OLL-F REE: (877) 277 5987 

WWW.BRAUMILLERLAW.COM 
PUBLIC VERSION 

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 purifier 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. 

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

alternate sourcing of the product. 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.qov/sites/default/files/Section%20301%20F1 NAL. PDF. 

Page 2 

);TIO SPRING VALLEY RD., S11111 200 DALLAS, TEXAS 752S4 OF( ()14) A,48 -906 F-AX (714) 71/.9303 IM -FREE: (877)777 5987 

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 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 the 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 model BRT-210 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 moderate sized U.S. company. The submitter certifies that 

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

Sincerely, 

Adrienne 

Braumiller 

Digitally signed by Adrienne Braumiller 

DN: cri=Adrienne Braumiller, 

o-Braumiller Law Group, PLLC, ou, 

email=adrienne@braumillerlaw.com, 

c=US 

Date: 2018.09.27 16:22:02 -090CY 

Adrienne Braumiller, Esq. 

Trade Counsel for HoMedics USA LLC 

Page 3 

:)770 SPRING VALLEY RD., SUI1k 200 DALLAS, TEXAS 7521 OF( ()14) 44-8-9306 FAX: (714) 71/ 9103 IOLI-FREE: (877) 277 5981 

WWW.BRAUMILLERLAW.COM 
ATTACHMENT A 
H2MEDICS 

LEALIERS IN HOME ENYRONMENT 

PLEASE TAKE A 

MOMENT NOW 

REGISTER YOUR PRODUCT AT 

mcbtonkrassinileamrt 

r.humoupotot.ufa. 

HHEMi EHMIN smut 1M 

v.htblier roller 

brethe 

AIR REVITALIZE 

INSTRUCTION MANUAL AND WARRANTY INFORMATION 

ONE YEAR LIMITED WARRANIY IB-BRT210 
IMPORTANT SAFETY INSTRUCTIONS 

WHEN USING ELECTRICAL PRODUCTS, BASIC SAFETY PRECAUTIONS SHOULD ALWAYS BE FOLLOWED, 

INCLUDING THE FOLLOWING: 

READ ALL INSTRUCTIONS BEFORE USING 

DANGER-TO REDUCE THE RISK OF ELECTRIC SHOCK: 

• Always place the air revitalizer on a firm, flat surface. A waterproof mat or pad is recommended for 

use under the air revitalizer. Never place it on a rug or carpet, or directly on a finished floor that may 

be damaged by exposure to water or moisture. 

• Always unplug the unit from the electrical outlet immediately after using and before cleaning. 

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

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

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

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

• Read all the instructions before using the product. 

• To reduce the risk of injury, close supervision is necessary when the product is used near children. 

• Do not put fingers or hands into the product. 

• Close supervision is necessary when this unit is used by or near children, invalids, or disabled persons. 

• Use this appliance only for its intended use as described in this manual. Do not use attachments not 

recommended by HoMedics; specifically, any attachments not provided with this unit. 

• NEVER drop or insert any object into any opening. 

• DO NOT operate where aerosol (spray) products are being used, or where oxygen is being administered. 

• NEVER operate the appliance if it has a damaged cord or plug, if it is not working properly, if it has 

been dropped or damaged, or dropped into water. Return the appliance to a HoMedics Service Center 

for examination and repair. 

• Always unplug the unit when filling or moving the unit. 

• Ensure that your hands are dry when operating the controls or removing the plug. 

• Always hold the water tank firmly with both hands when carrying a full tank of water. 

• NEVER use the air revitalizer in an environment where explosive gases are present. 

• DO NOT place the air revitalizer near heat sources, such as a stove, and do not expose the air 

revitalizer to direct sunlight. 

• DO NOT carry this unit by the power cord or use the power cord as a handle. 

• To disconnect, turn all controls to the "off" position, then remove the plug from the outlet. 

• DO NOT use outdoors. For indoor use only. 

• Caution: All servicing of this air revitalizer must be performed by authorized HoMedics service 

personnel only 

SAVE THESE INSTRUCTIONS 

CAUTION_ PLEASE READ ALL INSTRUCTIONS CAREFULLY BEFORE OPERATING. 

• This product is intended for household use only. 

• Never cover the unit while it is operating. 

• Always keep the cord away from high temperature and fire. 

• lf the cord sustains damage, you must stop using this product immediately and contact HoMedics 

consumer relations (see Warranty section for consumer relations contact information). 

• Do not attempt to adjust or repair the unit. Servicing must be performed by professional or 

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 touch the water or any parts of the unit that are covered by water while the unit is on or 

plugged in. 

• Never operate without water in the tank. 

• Do not wash, adjust, or move this unit without first unplugging it from the electrical outlet 

• Keep this unit out of reach of children. Do not allow children to use this unit without supervision. 
Power ON/OFF Button 

Top Light Illuminated Ring 

Easy-Carry Handle 

Water Tank 

Disk LED Tank Light Cone 

UNIQUE FEATURES & SPECIFICATIONS 

ODOR REMOVAL 

Removes cooking, pet, smoke, and household odors. 

VORTEX CLEANING ACTION 

Intense rainforest mist washes and deodorizes incoming air with 100% natural citrus air revitalizers. 

SAFE FOR THE ENVIRONMENT 

Uses water and 100% natural citrus air revitalizers. 

STARTER SET 

Includes a 30mL bottle of Orange, Lime, and Lemon citrus air revitalizers. 

SOOTHING ON/OFF LED LIGHTS 

Illuminate the tank for added ambiance. 

ROOM SIZE 

Covers a 500 ft2 / 46 m° room 

BRETHE AIR REVITALIZER 

CAUTION: This appliance has a polarized plug (one blade 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. 

4 5 
3. Add 5mL to 7mL of 100% natural bffthe citrus air revitalizer directly 

into the filled water bowl. 

NOTE: Essential oils may be used with this product; however, they will 

NOT remove odors. 

4. With the bowl facing forward as marked, place 

the top cover on the bowl. 

5. Your air revitalizer is ready for use. 

• Plug unit into 120V AC outlet. 

• Press the POWER 6 Button Once. The unit and all lights will turn ON. 

• Press the POWER 6 Button a 2nd time to turn all lights off while the unit continues to run. 

• Press the POWER 6 Button a 3rd time to turn the unit OFF. 

SPECIALLY FORMULATED GENUINE brOthe AIR REVITALIZER REFILLS 

To purchase new br5the citrus air revitalizer refills, model # BRT-4ORG Orange, BRT-4LIM Lime, or 

BRT-4LEM Lemon, go back to the retailer where you purchased your br5the air revitalizer, or visit 

(US) www.homedics.com, (CAN) www.homedics.ca 

HOW TO FILL 

CAUTION: Before filling unit with water, turn the power off and unplug the unit from the outlet. 

NOTE: Always use the handle to carry the water bowl. 

1. Remove the top cover from bowl and set aside. 

2. Fill the bowl with clean, cool water until the water level is 

between the Minimum and Maximum marks shown on the outside 

of the bowl. We recommend using distilled water if you live in a 

hard water area. 

HOW TO USE 

Power ON/OFF Button / Light ON/OFF Button 

Top Light Illuminated Ring 
CLEANING AND CARE 

CAUTION: Before cleaning the unit, turn power off and unplug unit from the outlet. 

TO CLEAN THE BOWL 

Remove the top cover from bowl and set aside, 

Every Day: Empty, rinse and dry the water bowl before refilling. 

To remove any scale or build up, use a 50/50 mixture of white vinegar and 

lukewarm water to clean the inside of the bowl as needed. 

NOTE: Do NOT put the bowl in the dishwasher. 

TROUBLESHOOTING 

PROBLEM 

No power • 

• 

• 

POSSIBLE CAUSE 

Unit not plugged in 

No power at unit 

Top cover not seated properly 

• 

• 

• 

power on 

SOLUTION 

Plug unit in 

Press the power button to turn the 

Remove the top cover and re-seat 

on water tank with the word 

"front" facing forward and the 

cord facing the back 

Does not remove 

odors 

• 

• 

• 

• 

Old water and/or old citrus 

air revitalizers 

brthe citrus air revitalizer 

not used 

Low water level 

brethe citrus air revitalizer not 

added to water bowl 

• 

• 

• 

* 

Empty the old water, clean the 

tank and cone, refill with clean 

water and brthe air revitalizer 

refills 

Only use genuine brWhe air 

revitalizer refills for odor removal 

Be sure the water level is between 

the Min and Max level 

Add 5 mL to 7 mL of brethe citrus 

air revitalizer in the water bowl 

Excessive noise • Unit needs cleaning • Clean unit per the Cleaning and 

Care Instructions 

TO CLEAN THE TOP COVER AND CONE 

Turn the Top Cover upside down to reveal the cone. Remove the cone by 

holding the disk with one hand while rotating the cone counter-clockwise to 

unlock. Gently pull cone away from the unit. 

Wipe cone and disk with a damp cloth. 

NOTE: Never submerge the top cover in water or any liquid. 

Replace the cone by aligning the cone with the corresponding tabs on the 

disk. Hold the disk with one hand and rotate the cone clockwise to lock 

into place. 

TO CLEAN THE SURFACE 

Clean the surface of the unit with a clean damp soft cloth as often as 

needed. 

Before Storing: Clean the Water Bowl with a 50/50 mixture of white 

vinegar and water. Be sure to rinse and let dry completely before storing. 

After Storing: Rinse the Water Bowl with water. Dry completely before 

filling. Only fill the bowl just before operating. 
112MEDICS' 

LEADERS IN HOME ENVIRONMENT 

VEUILLEZ PRENDe 

QUELQUES INSTANTS 

ENREGISTREZ MAE PRODUIT SUR: 

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MODE D'EMPLOI ET INFORMATIONS SUR LA GARANTIE 

GARANTIE LIVIITEE D'UN AN IB-BRT210 

MEDICS' 

[RAVERS IN HOME ENVIRONNVIT 

LIMITED ONE YEAR WARRANTY 

EtaMedics sells its preducts with the inierd that they are free of deeds M mandfaclute and Viarkmanyirip lor a period at one 

siesir lrurni The detour original purchese, except as not%I below. Itededics roarreole that its products will be (foe of defects 

In malvial and toorOreetshlp under normal LASt are service. ThM warranty extends only 10 consumers and dees not Mead 

to Betaikrs. 

To obtain warranty service on your HoMedics product, contact a consurner relations representative for assistance. Please 

make sure to have the model number of the product available. 

HoMedics does not authorize anyone, including, but not limited to, Retailers, the subsequent consumer purchaser of the 

product from a Retailer or remote purchasers, to obligate HoMedics in any way beyond the terms set forth herein. This 

warrantydoes not cover damage caused by misuse or Arum accident; the attachment of any unauthorized women 

alteration to the product; improper installation; unauthorized repairs or modifications; improper use of electribalipmer 

supply; loss of power; dropped product; malfunction or damage of an operating part from failure to provide manufacturers 

recommended maintenance; transportation damage; theft; neglect; vandalism; or environmental conditions; loss of use 

during the period the product is at a repair facility or otherwise awaiting parts or repair; or any other conditions whatsoever 

that are beyond the control of HoMedics. 

This warranty is effective only if the product is purchased and operated in the country in which the product is purchased. A 

product that requires modifications or adoption to enable it to operate in any other country than the country for which it was 

designed, manufactured, approved and/or authorized, or repair of products damaged by these modifications is not covered 

under this warranty, 

THE WARRANTY PROVIDED HEREIN SHALL BE THE SOLE AND EXCLUSIVE WARRANTY. THERE SHALL BE NO OTHER 

WARRANTIES EXPRESS OR IMPLIED INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS OR ANY OTHER 

OBLIGATION ON THE PART OF THE COMPANY WITH RESPECT TO PRODUCTS COVERED BY THIS WARRANTY. HOMEDICS SHALL 

HAVE NO LIABILITY FOR ANY INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES. IN NO EVENT SHALL THIS WARRANTY 

REQUIRE MORE THAN THE REPAIR OR REPLACEMENT OF ANY PART OR PARTS WHICH ARE FOUND TO BE DEFECTIVE 

WITHIN THE EFFECTIVE PERIOD OF THE WARRANTY. NO REFUNDS WILL BE GIVEN. IF REPLACEMENT PARTS FOR DEFECTIVE 

MATERIALS ARE NOT AVAILABLE, HOMEDICS RESERVES THE RIGHT TO MAKE PRODUCT SUBSTITUTIONS IN LIEU OF REPAIR 

OR REPLACEMENT. 

This warranty does not extend tO the purchase of opened used. repaired, repackaged andior resealed products, inducting 

but not limited to sale of ouch products on lnterrim auction silts andfor sales ol Seth products by surplus or bulltresellers. 

Any and all warranties or auatentets gig immediately cause and terminate as to any pinducts or parts thereof which are 

repaired, replaced, altered, or modified, without the prior express and written consent of HoMedics. 

This warranty provides you with specific legal rights. You may have additional rights which may vary from state to state and 

country to country. Because of individual state and country regulations, some of the above limitations and exclusions may 

not apply to you. 

For more information regarding our product line in the USA, please visit: www,homedics.com. 

FOR SERVICE IN THE USA: FOR SERVICE IN CANADA: 

Email: cservice@homedics.com Email: cservice@homedicsgroup.ca 

Monday-Friday 8:30am-7:00pm EST Monday-Friday 8:30am-5:00pm EST 

1.800.466.3342 1.888.225.7378 

©2017 HoMedics, LLC, HoMedics and brethe are registered trademarks of HoMedics, LC. 

HoMedics Leaders in Home Environment is a trademark of HoMedics, LLC. and its affiliated companies. All rights reserved, 

IB-BRT210 

Made in China