Organization Name:

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

Requestor Representative:

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.

3.

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

4.

5. Requestor's relationship to the product:

CONTINUED BELOW

*

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/

1

7.

6. Does this submission in regulations.gov include additional attachments?

Please indicate whether any additional attachment contains business confidential

information (BCI), is a public document, or is a public version of a BCI document.

VERSION 1

Requestor Information

Requestor Name (Last, First):
END 2

8. Is this product, or a comparable product, available from sources in the United States?:

VERSION 1

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).

9. Is this product, or a comparable product, available from sources in third countries?:

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.

2016 Value:

2015 Value:

2017 Value:

2016 Quantity:

2015 Quantity:

2017 Quantity:
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”) 

8436.80.0090 

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 the subject deer feeders imported by Academy, Ltd. d/b/a 

Academy Sports + Outdoors (“Academy” or “the Company”) under HTS 8436.80.0090 be 

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

 

Explained below are the reasons why the deer feeders 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 deer feeders are classified under HTS 8436.80.0090, “[o]ther agricultural, 

horticultural, forest, poultry-keeping or bee-keeping machinery, including germination plant fitted 

with mechanical or thermal equipment; poultry incubators and brooders; parts thereof; [o]ther 

machinery; [o]ther.” The HTS classifies “other machinery” in the 8-digit subheading, HTS 

8436.80.00, and further categorizes the subheading into five 10-digit statistical suffix provisions. 

The first four 10-digit provisions include a variety of machines, specifically forestry machinery, 

barn and barnyard machines, machines for preparing crops, and bee-keeping machinery. The Game 

Winner 100G Cube VP Feeder 111332593 is classified in the last 10-digit provision, HTS 

8436.80.0090, because it is a machine made specifically to feed deer. This machine can be further 

distinguished from forestry, barnyard, and bee-keeping machinery because it dispenses feed to lure

animals out of hiding for hunting purposes. The feeder’s 6V motor delivers large-diameter feed 

distribution, and the custom timer enables up to six feeds per day at different time intervals. 

 

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

BRAU MILLER 

LAW GROUP. PUC 

I NTERNAT IONAL 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.BRAUMILLERLAW.COM 
Section 301 List 1 – Exclusion Request 

Page 2 

2. The deer feeders are currently only available from China 

Academy has established a strong relationship with its manufacturer in China. The manufacturer 

produces the subject deer feeders, among other deer feeder modes, according to Academy’s strict 

specifications and quality control measures. Academy has now created a long standing, dependable 

relationship with this supplier as it has been working with this Chinese manufacturer for many 

years. While the Company is unaware of alternative producers in the U.S. or elsewhere that could 

produce Academy’s deer feeder lines, the cost of feeders would be much higher, in addition to the 

cost of changing sourcing. To suddenly change Academy’s sourcing to another country would take 

at least [ ] to establish the process and educate the new manufacturer on Academy’s 

strict standards, and it would take [ ] to resource the entire product. The Company can 

only move [ ] 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 would likely be [ ], 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 deer feeders 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 deer feeders 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 deer feeders 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 deer feeders. 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 feeder, 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, deer feeders 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; 

-

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 

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 imports of the deer feeders 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 deer feeders 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 Game Winner 100G Cube VP Feeder 

111332593 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