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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

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.

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VERSION 1

Requestor Information

Requestor Name (Last, First):
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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 

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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”) 

8536.50.9065 

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 switches imported by Academy, Ltd. d/b/a 

Academy Sports + Outdoors (“Academy” or “the Company”) under HTS 8536.50.9065 be 

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

 

Explained below are the reasons why the switches 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 switches are classified under HTS 8536.50.9065, “[e]lectrical apparatus for switching 

or protecting electrical circuits, or for making connections to or in electrical circuits (for example, 

switches ...), for a voltage not exceeding 1,000 V ...: [o]ther switches: [o]ther: [o]ther.” The HTS 

classifies “other switches” in the 6-digit subheading, HTS 8536.50, and further categorizes the 

subheading into three 8-digit subheadings. The first 8-digit subheading, HTS 8536.50.40, does not 

apply because it is specifically for motor starter switches. The second 8-digit subheading, HTS 

8536.50.70 does not apply because it covers electronic AC switches, consisting of optically 

coupled input and output circuits; electronic switches, including temperature protected switches, 

consisting of a transistor and logic chip; and electromechanical snap-action switches for a current 

not exceeding 11 amps. The subject Marine Raider Small Battery Switch 201400254 falls within

the third 8-digit subheading, HTS 8536.50.90, for other switches, because it is a small battery

switch. The subject product is further distinguished from the other switches in the 8-digit 

subheading because it is not a rotary, push-button, snap-action, knife, slide, or limit switch. See

Attachment A for a description of the switches. 

 

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 switches are currently only available from China

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

produces the subject switches, among other switch models, 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 switch lines, the cost of switches 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. The Company can only move [ ] at a time due to constraints on engineering and 

manufacturing resources, and it would take [ ] to resource the entire product. 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 switches 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 switches 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 switches 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 switches. 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 pump or filter, 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, switches are not one of the following ten industries which are the focus of the “Made 

in China 2025” program: 

1) Advanced information technology; 

-

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 

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 imports of the switches 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 switches 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 Marine Raider Small Battery Switch 

201400254 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 
 Updated Date : 

Item Description: 

Brand:

Inner Pack 

Qty

Cube 0.01 cuft 0.000 M3 0.14 cuft 0.004 M3

Gross Weight 0.58 lbs 0.26 kgs 3.48 lbs 1.58 kgs

Net Weight 0.49 lbs 0.22 kgs 2.93 lbs 1.33 kgs

Length 2.66 In. 6.76 cm. 4.72 In. 12.00 cm.

Width 2.66 In. 6.76 cm. 9.06 In. 23.00 cm.

Height 3.00 In. 7.62 cm. 5.51 In. 14.00 cm.

Master Pack

Qty

Cube 1.54 cuft 0.044 M3

Gross Weight 20.90 lbs 9.50 kgs 

Net Weight 17.60 lbs 8.00 kgs

Length 17.76 In. 45.10 cm.

Width 10.87 In. 27.60 cm.

Height 13.82 In. 35.10 cm.

20' Ctnr Qty: pcs

40' Ctnr Qty: pcs pcs 

Packaging Specifications

Key selling points 350 AMPS Continuous - 500 AMPS 5 Seconds

Description of item Battery Switch 2- Battery on 1-on 2 - both - OFF 350Amps continuous 500Amps 5 seconds

Primary use Electronic Parts

Regulatory Standards met or exceeded N/A

03/28/18

Small Battery Switch - 2 Battery

Marine Raider

Assembled Item Dimensions Inner Carton

Dimensions

6

56,104

PRODUCT SPECIFICATION

Primary: 0.3 mm Recycled Cardboard Secondary: 0.4mm Plastic

Amp ratings 350 Amps Continuous 500 Amps 5 Seconds

Master Carton

 Dimensions

36

23,377

46,753 Hi Cube Ctnr Qty : 

Component Specification

What is it made of? Nylon/Fiber

Packaging concept Slide Blister