965 S Wells Street  Lake Geneva, WI 53147  www.thepfoc.com

September 24, 2018 

Submitted via regulations.gov

Ambassador Robert E. Lighthizer

U.S. Trade Representative

Office of the U.S. Trade Representative

600 17th Street NW

Washington, DC 20508

RE: Request To Consider Requests for Exclusion of Particular Products From the 

Determination of Action Pursuant to Section 301: China’s Acts, Policies, and Practices 

Related to Technology Transfer, Intellectual Property, and Innovation (USTR-2018-0025)

Dear Ambassador Lighthizer:

Primex Family of Companies (“Primex”) hereby submits this request to exclude items under the 

Harmonized Tariff Schedule of the United States (“HTS”) subheading 9015.80.8080 from the 

additional ad valorem duty of 25 percent on approximately $34 billion worth of Chinese 

imports.115

Primex is a small, 75-year old family business that focuses on applying current and future 

technology to help people’s lives become easier and more convenient and businesses more 

productive. We believe innovation is synonymous with small business and live that credo. Our 

offerings span from clocks parts, to weather stations to industrial scale cloud solutions. We 

process over 20 billion transactions a month supporting sensor monitoring devices for the Joint 

Commission deemed by the Centers for Medicare and Medicaid Services. Our products are in 

over 30 percent of all hospitals today and we are one of the largest suppliers of weather stations 

and clocks in North America through our mass online and direct channels.

Our business started at a kitchen table by an innovative entrepreneur who wanted to make a 

better life for his family and have an impact on his community. It is a classic American story 

built on sweat equity and innovation, and we are proud to have started from just an idea and have 

grown into a larger company. Over the course of the last 75 years, we have grown Primex into a 

$100,000,000 business and employ 175 people in the U.S., Canada and Hong Kong, 150 of 

which are located here in the U.S. We are proud of our longevity given the average lifetime of a 

 

115 Notice of Action and Request for Public Comment Concerning Proposed Determination of Action Pursuant to\

Section 301: China’s Acts, Policies, and Practices Related to Technology Transfer, Intellectual Property, and 

Innovation, 83 Fed. Reg. 28710 (Jun. 20, 2018). 
2

company on the S&P is less than 15 years today and getting shorter, as well as our ability to 

provide good, stable jobs here in the U.S.

CLIII. Product Description

We request that USTR exclude the Digital Weather Station with Precision Forecasting - Color

that is imported under HTS subheading 9015.80.8080. 

Item: Digital Weather Station with Precision Forecasting - Color

HTS subheading: 9015.80.8080

Item Description: Color Weather Station with Morning, Noon & Night Forecast

Material(s): Plastic, electronic components, LCD, metal

Item Size (H x W x D inches): 13 x 11.375 x 2

Item Weight (pounds): 1.78

CLIV. Primex Cannot Source Digital Weather Station with Precision Forecasting -

Color From Countries Outside Of China. 

The Digital Weather Station with Precision Forecasting - Color and comparable products are not 

available in the U.S. or countries outside of China. While we have explored the possibility of 

sourcing these products from other countries, there are no alternative manufacturers of the 

Digital Weather Station with Precision Forecasting - Color. 

Shifting to a non-Chinese source for the Digital Weather Station with Precision Forecasting -

Color is not a viable option at this time. Global supply chains are extremely complex and it can 

take years to find the right partners who can meet the proper criteria and produce products at the 

scale and cost that is needed. It has taken almost three decades to develop our supply chain 

relationships in China and ensure that the Digital Weather Station with Precision Forecasting -

Color meets the high quality standards we expect. Our relationship is actually with a small, 

private family business that has no relationship with the Chinese government and not interested 

in manufacturing advanced technology. 

We have explored the possibility of sourcing the Digital Weather Station with Precision 

Forecasting - Color from other countries, including within the U.S. However, this would be a 

serious interruption to our overall supply chain with many additional costs that we will not be 

able to justify or fund due to the extensive impact of the current tariffs.

It is economically infeasible to contemplate funding a complete rebuilding of our supply chain 

for the Digital Weather Station with Precision Forecasting - Color in the U.S. given the 

investment and time required. We do not believe any bank would fund such an endeavor due to 

the inherent risk, small size, and ongoing costs such as low pay and high job turnover in this type 

of manufacturing. Additionally, the U.S. is not a competitive market to develop this type of low 

technology manufacturing, mainly due to prohibitive cost disadvantages such as labor and raw 

material costs. The U.S. is a mature advanced country with higher expectations and 

opportunities for its citizens.
3

CLV. The Imposition of this Duty on the Digital Weather Station with Precision 

Forecasting - Color Has a Significant Impact on Primex’s Business, Resulting in 

a Significant Profit Loss and Reduction of Primex’s Workforce. 

Year Value (dollars) Quantity

2015 [ [

2016 [ [

2017 [ [

Imposing a tariff on the Digital Weather Station with Precision Forecasting - Color will do 

irreparable harm to our small, family business. The cumulative impact of the list 1 Section 301 

tariffs would cost Primex millions of dollars in increased duties. These additional unexpected 

costs for our small business are layered on top of the detrimental impacts from the tariffs already 

imposed on our products on lists 2 and those proposed for list 3 that total over $5.9 million. 

Because this product is a low margin commodity product, the additional duty on the Digital 

Weather Station with Precision Forecasting - Color will absorb our entire profit margin, resulting 

in any sales of these products to be at a loss. The increased duties on the Digital Weather Station 

with Precision Forecasting - Color cannot be absorbed by Primex and would result in significant 

financial losses and put our future in jeopardy. Due to the tariffs, we are considering major staff 

reductions. If we are unable to obtain tariff relief, we will be forced to eliminate two thirds of 

our employees, which is almost our entire consumer division. 

It is almost impossible for Primex to pass these tariffs along to our customers or U.S. consumers. 

The Digital Weather Station with Precision Forecasting - Color sells in a very competitive, price 

driven market due to their commodity nature and inelastic demand profile. Our end customers 

are price sensitive and we will not be able to compete in the market if we raise our prices. 

Additionally, our retail customers will not accept price increases for the Digital Weather Station 

with Precision Forecasting - Color. We have annual contracts that we are expected to perform to 

and this includes fixed pricing. Further, the tariff on this product makes us vulnerable to losing 

our market share. Our foreign competitors are not subject to these tariffs and will be able to 

supply our customers with the Digital Weather Station with Precision Forecasting - Color at a 

more competitive price and absorb our place in the market. 

The tariffs imposed on the Digital Weather Station with Precision Forecasting - Color are 

disproportionately large in comparison to our small, family business selling this good. As a 

result, the tariff will irreparably hurt Primex’s ability to provide good, stable, U.S. based jobs and 

continue to supply consumers and businesses goods to make their lives and jobs easier. 

CLVI. Imposing the Ad Valorem Tariff under Section 301 on the Digital Weather 

Station with Precision Forecasting - Color Will Not Be Effective in Eliminating 

China’s Predatory Acts. 

USTR’s Section 301 report found that various policies and practices of the Chinese government 

are designed to promote Chinese companies as leaders in supplying certain advanced 
4

technologies around the world and to reduce imports of these technologies that Chinese 

industries rely upon. According to USTR and the White House’s Office of Trade and 

Manufacturing policy, China has participated in physical and cyber-enabled theft of 

technologies, required technology transfer for market access, and investment restrictions, among 

other coercive and intrusive restrictions that harm American intellectual property rights, 

innovation, and technology development.116

According to the various Section 301 reports, the technologies that China targets through its 

policies are advanced technologies in the following industries: (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.117

Notably, the Digital Weather Station with Precision Forecasting - Color and its manufacture are 

not among the list of advanced technologies or industries that are targeted by the Chinese 

government policies.

The Digital Weather Station with Precision Forecasting - Color does not contain sensitive 

technology or intellectual property that is the target of China’s practices. The technology used is 

relatively simple and is generally considered a late, low technology product. They are not made 

through advanced technology manufacturing. Generally, our products do not provide value in 

and of themselves. It can require sophisticated software to provide value. People buy our 

products for the utility they provide not necessarily because of technology in the product. 

Because our products do not contain sensitive technology or intellectual property that is the 

target of China’s practices, we have not experienced any of the intellectual property theft, cyber 

theft, or other technology-related compilations that advanced technology industries have faced.

Due to these factors, we believe that targeting these tariffs on the Digital Weather Station with 

Precision Forecasting - Color is misplaced and will not curb China’s predatory policies, and 

instead negatively impact U.S. consumers. 

* * *

 

116 USTR, 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 1–2 (Mar. 22, 2018) [hereinafter 

Section 301 Findings]; Office of Trace and Manufacturing Policy, Executive Office of the President, How China’s 

Economic Aggression Threatens the Technologies and Intellectual Property of the United States and World (Jun. 

2018) [hereinafter China’s Economic Aggression].

117 Section 301 Findings, at 14. 
5

Primex appreciates the opportunity to request this exemption from the Section 301 tariffs. While 

we understand and support the motivation for fair trade policies and a level playing field, we 

respectfully request that the Digital Weather Station with Precision Forecasting - Color imported 

from China under HTS subheading 9015.80.8080 be exempt from the additional 25 percent ad 

valorem duty because it will not accomplish the desired purpose and will have a significant 

detrimental impact on Primex, the businesses we supply, and U.S. consumers.

Respectfully submitted, 

Paul Shekoski

Chief Executive Officer

Primex Family of Companies