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 6100 Model is a 7 day and 5-2 clay 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 single stage gas, oil, or electrical systems, single stage heat pump systems, and 250my — 750my 

millivolt heating systems The thermostat has a large 12 square inch easy read, bright blue backlight/touchscreen 

display and has circulating fan mode, indoor or outdoor remote sensing, and SpeedBar Multi-Function Button This 

model also has SpeedSet 7 day programming mode, multi-level keypad lockout, separate user and installer reset 

buttons, and residential or commercial modes. The products dimensions are 4.13" x 6.13" 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 

Braebum Systems LLC 

Note: Representatives subrnitting 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? 

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 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: $69,753.00 2017 Quantity: 2,016 

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 conect to the best of his or 

her knowledge. Please see attached letter. 

VERSION 1 END 2 
ga BRAUMILLER 

A LAW G ROUP, PLLC 

INTERNATIONAL TRADE LAW 

Submitted Via WWWRequlations.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) 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 respecffully request that the wall mounted thermostats imported by Braeburn 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 Deluxe Series Model 6100, 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 single stage gas, 

oil, or electrical systems, single stage heat pump systems, and 250mv — 750mv millivolt heating 

systems. The thermostat has a large 12 square inch easy read, bright blue backlight/touchscreen 

display and has circulating fan mode, indoor or outdoor remote sensing, and SpeedBar MultiFunction Button. This model also has SpeedSet 7 day programming mode, multi-level keypad 

lockout, separate user and installer reset buttons, and residential or commercial modes. The 

products dimensions are 4.13" x 6.13" x 1.38. See Attachment A for a description of the 

thermostat. 

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

• • -;AI pr, yIi)1%i I S. !DAS ?SPA CV 4714) 348 9311% FAX (714) 71/-930A Foll-11At(!4877) 777- 5987 

WWW.BRAUMILLERLAW.COM 
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 

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. Braeburn 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. 

The subject model was last imported in 2017 at a total cost of under seventy-thousand dollars. 

Braeburn intends to begin production of this model again in the near future. 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, 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 

These thermostats represent a valuable product line that Braebum has produced in the past, and 

intends to produce in the future. To levy this large of an additional cost to the product translates 

to an additional cost of $2.5 million for every $10 million 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. Braeburn 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 

Page 2 

.•1 LAS. TEXAS 7S254 C. i114) .“18 g30d L-AX- 1)14)711 1oil-140V 041/)./PI 

WWW.BRAUMILLERLAW.COM 
transfer of technology, which transfer is the focus of the Section 301 tariffs as discussed in the 

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 Deluxe Series 

Model 6100 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 Braumiller 

DI+ ermAdrienne Braumiller, 

o=Braumdler Law Group, PLLC, ou, 

Braumiller ,e_mias

ilwadrienne@braumillerlaw.com, 

Date:2018.09.27 17,03:44 -05'00' 

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: 

https://usticiov/sitesidefault/files/Section%20301%2OFI NAL.PDF. 

Page 3 

11XAS 75254 art!. (214) 348 306 FAX: (7141 21,1 9303 F0111.-f-REI (871) )77-5987 

WWW.BRAUMILLERLAW.COM 
ATTACHMENT A 
111.1•1 1P, 

AUTO H AT 

FAN 

AUTO 

PROS 

n ROOM 

ILIHEATON 

TU 

SLT AT_ DAY _

I I I.J.F11 7 

ILI IL 'LI LIpli OUTDOOR 

CLEAN 

MAO 

DAY/TIME 

ACTUAL SIZE 

Touchscreen 

Braeburn 

Single Stage 

6100 Conventional or Heat Pump 

Universal Programmable Thermostat 

• 

EA 

(5rIMITEDR 

WARRANTY 

Features 

• 7 Day, 5-2 Day or Non-Programmable 

• Large 12 sq. in. Easy-Read Touchscreen 

• Auto or Manual Changeover 

• Bright Blue Backlight Display 

• SpeedBar® Multi-Function Button 

• Adjustable Temperature Limits 

• indoor or Outdoor Remote Sensing 

• SpeedSet® 7 Day Programming Mode 

• Residential or Commercial Modes 

• Meets Energy Aware> Guidelines* 

• Separate User and Installer Reset Buttons 

• Hardwire or Battery Powered 

• Multi-Level Keypad Lockout 

• Circulating Fan Mode 

• Programmable Fan Mode 

• English / Spanish Packaging 

and Instruction Card with 

FREE Contractor Branding 

DELUXE 

SERIES 

FREE Contractor Branding! Visit braeburnonline.com 

*As a licensee in the Energy Aware Programmable Therrnoslat Program, Braeburn Systems LLC 

has tfetermined thal this product meets the NEMA Energy Aware efficiency specifications for 

programmable thermostats. Visit www.getenergyaware for more mformation. 

FREE Contractor Branding! Visit www.braeburnonline.com 
Fan 

Control 

Heating 

Transformer 

Remote Sensor 

(indoor or Outdoor) 

Rh 0/8 S1 S2 

,to 

Cool 

Control 

Reversing Valve Heat 

Control 

Transformer 

Common 

Cooling 

Transformer 

Braeburn 

Terminal 

Designations 

Architectural Specifications 

The universal auto changeover thermostat shall be a Braeburno model number 6100, 4.13" high x 6.13" wide x 1.38" deep, powered with either 24 Volt AC or with two "AA" 

Alkaline batteries (3.0 Volt DC). In the event of a power failure, the unit shall retain user, installer and program settings. The thermostat shall be compatible with low voltage 

single stage gas, oil, or electric heating or cooling systems, and single stage heat pump systems. Also compatible with 250mv — 750mv millivolt heating only systems. The 

thermostat shall have a bright blue backlight display, touchscreen with SpeedBar), separate sub-base and multi-level keypad lockout. Temperature control range shall be 

between 45° and 90° F (7° and 32° C), accuracy of +/- 1° F (+/- .5° C) and operating humidity range between 5% and 95% relative humidity. The thermostat shall include 

separate installer and user setup modes, permanent non-volatile memory to retain user settings, filter, UV and humidifier pad check monitor, adaptive recovery mode (ARM-), 

programmable independent fan control, residual cooling fan delay and indoor or outdoor remote sensor capability. A front reset button will return user settings to default 

values when pressed. Meets IECC 2012 and Energy Aware° Guidelines. 

4.13" x 6.13" x 1.38" 

24 Volt AC (18-30 Volt AC) 

1 amp maximum load per terminal 

3 amp total maximum load (all terminals) 

Shipping Information 

INDIVIDUAL CARTON 

Dimensions: 6.8" x 4.7" x 2.0" 

Weight: 1.2 lbs. 

MASTER CARTON 

Quantity: 6 

Dimensions: 14.3" x 6.6" x 5.4" 

Cubic Feet: .26 

Weight: 8 lbs. 

Product Specifications 

Dimensions: 

Electric Rating: 

Braeburn 6100 Replaces* 

Honeywell' TH8110 

Emerson° 1F97-1277 

'Verify specific application requirements. 

All trademarks are the property 01 their respective owners 

Accessories 

2950 Universal Wall Plate (6.5" x 6.5" x .125) 5390 Remote Indoor Sensor 

5970 Universal Thermostat Guard 5490 Remote Outdoor Sensor 

FREE Contractor Branding Available! 

Visit our website (www.braeburnonline.com) for more information, contact your 

local distributor or call our sales department toll-free at 866.268.5599 (U.S.), 

+1.630.844.1968 (Outside the U.S.). 

AC Power: 

DC Power: 

Compatibility: 

Control Range: 

Display Range: 

Accuracy: 

Temperature 

Differential: 

Storage Temperature: 

Operating Humidity: 

Terminations: 

18-30 Volt AC 

3.0 Volts DC 

(2 "AA" Alkaline batteries included) 

Single stage gas, oil or electric systems 

Single stage heat pump systems 

250mv — 750mv millivolt heating systems 

450 to 90° F (7° to 32° C) 

40° to 99° F (5° to 37° C) 

+/- 1° F (+/- .5° C) 

.5°, 10, or 2° F (0.2°, 0.5°, or 1° C) 

14° to 140° F (-10° to 60° C) 

5% to 95% Relative Humidity 

Rc, Rh, 0/B, Y, W, G, C, S1, S2 

Date: 

Job Name: 

Location: 

Contractor: 

Engineer: 

Model No.: 

Submitted By: 

Submitted For Approval: Record: 

Braeburn Systems LLC • 2215 Cornell Avenue • Montgomery, IL 60538 • Toll-Free 866.268.5599 (U.S.) +1.630.844.1968 (Outslde the U.S.) 

02015 Braehurn Systems LLC • All Rights Reserved • 6100-300-08