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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

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information in the following fields and explain the basis and rationale for your statements. 

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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”) 8421.21.0000 

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 vacuum cleaners imported by Academy, Ltd. d/b/a 

Academy Sports + Outdoors (“Academy” or “the Company”) under HTS 8421.21.0000 be 

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

 

Explained below are the reasons why the pool vacuum cleaners 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 pool vacuum cleaners are classified under HTS 8421.21.0000, “[c]entrifuges, 

including centrifugal dryers; filtering or purifying machinery and apparatus, for liquids or gases; 

parts thereof: [f]iltering or purifying machinery and apparatus for liquids: [f]or filtering or 

purifying water.” The HTS classifies “filtering or purifying machinery and apparatus for liquids” 

in the 8-digit subheading, HTS 8421.21.00, and further categorizes the subheading into three 10-

digit statistical suffix provisions. The subject Kokido Vacuum Cleaner 201105421 is properly 

classified in the first 10-digit statistical suffix, HTS 8421.21.0000, because it is made specifically 

to clean pool water. The product does not fall under the second 10-digit statistical suffix, HTS 

8421.22.0000, because this model was produced to clean pool water and not filter other beverages. 

Further, the vacuum does not fall under the third 10-digit statistical suffix, 8421.23.0000, because 

it is only compatible in water, not in oil or fuel filters for internal combustion engines. See

Attachment A for a picture of the pool vacuum cleaner. 

 

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 pool vacuum cleaners 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 pool vacuum 

cleaner lines, the cost of such vacuums 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 pool vacuum cleaners 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% tariff to import the pool vacuum cleaners 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 pool vacuum cleaners 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 pool vacuum cleaners. 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 cleaner, 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, pool vacuum cleaners 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.BRAU Ml LL E RLAW.CO M 
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 pool vacuum cleaners 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 pool vacuum cleaners by Academy does not serve the purpose of the Section 301 

goals but in fact contravene the goals. 

 

In light of the above, Academy sincerely requests that Kokido Vacuum Cleaner 201105421 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.BRAU Ml LL E RLAW.CO M 
. ATTACHMENT A 
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