Public Document

The exclusion request is for product number D1CS-51640. The product is a Backframe AHR / Magna/ RT sold to 

FCA and General Motors as connections of electrical modules in the automotive industry. The product is made of 

insulated wire, plastic connectors, terminals, rubber seals, and plastic tubing with dimensions of 1000mm in length. 

This is a low voltage product made of the materials described with copper being the main electricity conductor. The 

product is generally shipped in cardboard boxes and palletized. The description, part number, weight, quantity, 

tracking number, and invoice number are printed on the commercial invoice, distinguishing this product from other 

imported products and facilitating administration of this exclusion by CBP. Additionally, each carton is labeled 

with the part number and each part in the carton contains a label with the part number and individual serial number. 

8544300000

Howick, Timothy

Tianhai Electric North America

David Hamill, Arent Fox LLP

Importer

YES

Public Document

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. 

I. Indicate whether the comment contains business confidential information (BCI), is a public 

document, or is a public version of a BCI document. 

I I 

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

3. I 0-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/ 

4. Requestor Information 

Requestor Name (Last, First): 

Organization Name: 

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

Requestor Representative: 

5. Requestor's relationship to the product: 

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

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. 

VERSION 1 CONTINUED BELOW 1 
NO

NO

$172,668.05 44,400 pieces

$105,000.84 27,000 pieces

$165,667.99 42,600 pieces

See attached for argument in support of this exclusion request.

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

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. 

2017Value: 

2016 Value: 

2015 Value: 

2017 Quantity: 

2016 Quantity: 

2015 Quantity: 

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). 

VERSION 1 END 2 
THB Tianhai Electric North America, Inc. 

70 East Silverdome Industry Park, Pontiac, Michigan 48342 Phone 248-987-2100 Fax 248 987-2105 

October 5, 2018 

VIA REGULATIONS.GOV 

The Honorable Robert E. Lighthizer 

U.S. Trade Representative 

Office of the U.S. Trade Representative 

600 17th Street, NW, Room F516 

Washington, D.C., 20006 

PUBLIC DOCUMENT 

Docket No. USTR-2018-0025 

Re: Request for Exclusion of Wire Harnesses under 8544.30.0000from the Determination of 

Action Pursuant to Section 301 

Dear Ambassador Lighthizer: 

Tianhai Electric North America ("TENA") respectfully submits this request for exclusion 

of wire harnesses from the proposed determination of action pursuant to Section 301 of the Trade 

Act of 1974. 1 This request is timely filed, pursuant to the U.S. Trade Representative's ("USTR") 

instructions set form in the Section 301 Determination.2 

TENA is a member of the THB Group, and is a manufacturer of wiring harnesses and 

battery cable assemblies to the automotive industry. We are headquartered in Pontiac, Michigan, 

and have facilities in El Paso, Texas. Currently, TENA employees 123 people, with total 

employment impact expected to be approximately 200 people by 2020. We also plan to expand 

our domestic manufacturing capabilities by adding a wiring component plant in Michigan. 

I 19 U.S.C. § 2411. 

2 Procedures 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, 83 Fed. Reg. 32,181 (USTR July 11, 2018). 

AFDOCS/17023963.1 
PUBLIC DOCUMENT Page 2 

This exclusion request addresses wire harnesses classified under HTSUS subheading 

8544.30.0000, which are currently subject to the 25% additional Section 301 tariff. The 

imposition of the tariff will negatively impact TENA's U.S. operations, our U.S. employees, 

U.S. manufacturers, and American consumers. Please note that a separate Section 301 

Investigation Form to Request Exclusion of Product has been submitted for each unique part 

number for which we are requesting an exclusion. 

In accordance with the procedures released by the Office of the United States Trade 

Representative ("USTR"),3 TENA provides the following information requested by the USTR in 

support of this request. 

1. Availability of the product outside of China, i.e. whether the particular product 

and/or a comparable product is available from sources in the United States and/or 

in third countries 

TENA is not aware of any immediately available U.S. or third-country sources for the 

same or comparable products. Any supplier change would require a multi-year process to 

identify and establish a new source, complete testing, and obtain compliance approvals. 

Our major original equipment manufacturer ("OEM") customers require significant 

validation and a rigorous approval process. TENA has a vetted global supply chain that is the 

best option for sourcing its products and has allowed for continued growth thereby protecting 

American jobs. Any disruptions caused by the proposed tariffs will result in serious 

inefficiencies and increased costs for our business and our customers in the automotive OEM 

industry. 

AFDOCS/17023963.1 
PUBLIC DOCUMENT Page 3 

Additionally, the approval of a new product source would be very expensive and timely. 

An immediate change in sourcing would take years for testing and compliance purposes to 

satisfy TENA and it customer's approval process and validation requirements for these products. 

Therefore, switching suppliers for this product would more than likely lead to supply 

interruptions due to the lack of established infrastructure in place to handle the production of this 

product. TENA would also have to either complete its contracts or negotiate an exit from 

existing contracts. This would likely add significant time and expense to any effort to change 

sources. TENA estimates that a change in supplier would take approximately 18-24 months. 

Thus, no comparable products are immediately available. 

2. Whether the imposition of additional duties on the particular product would cause 

severe economic harm to the requester or other US interests 

The products imported by TENA that are included on the USTR's product list are wire 

harnesses that are further manufactured in the United States and therefore support domestic 

automotive manufacturing operations and jobs. The rise in production costs resulting from the 

25% tariff will cause severe economic harm to U.S. interests, including our employees, U.S. 

businesses, and American consumers that will be forced to pay higher prices for their 

automobiles. The U.S. automotive industry will be threatened because the customers in this 

highly competitive industry will simply refuse to pay the higher price. To the extent that the 

increase costs cannot be passed onto the U.S. consumer, the U.S. automotive industry will face 

downsizing, layoffs, and increased transportation cost. The requisite price increases would 

jeopardize their position in the marketplace and have substantial and lasting negative effects on 

their sales and employment. Additionally, if TENA absorbs the tariff on any of these products, 

AFDOCS/17023963.1 
PUBLIC DOCUMENT Page4 

our profitability will be damaged, which will hurt our ability to invest in our U.S. facilities and 

American workforce training and development. 

Given the potential negative impact on TENA, our employees, customers, and U.S. 

businesses, we respectfully request that you grant this exclusion request. 

3. Whether the particular product is strategically important or related to "Made in 

China 2025" or other Chinese industrial programs 

The imposition of a 25% tariff on the subject wire harnesses will not impact the Chinese 

intellectual property violations they seek to eliminate. Section 301 tariffs should be specifically 

targeted at products that have benefitted from the China's acts, policies, and practices detailed in 

the USTR's Section 301 Report. The wire harnesses at issue have not benefited from China's 

discriminatory licensing requirements, foreign ownership restrictions, state-funded acquisitions, 

or state-backed hacking operations. TENA has never transferred any intellectual property rights 

to Chinese producers and none of our company's intellectual property is currently being used by 

a Chinese-owned facility. 

We appreciate the Department's consideration of this exclusion request. Please contact 

the undersigned if you have any questions regarding this submission. 

I hereby certify that the information provided is complete and correct to the best of my 

AFDOCS/17023963.1 
PUBLIC DOCUMENT 

knowledge. 

AFDOCS/17023963.1 

Page 5 

Respectfully submitted, 

owick 

Direct f Supply Chain 

Tianhai Electric North America 

19 Leigh Fisher 

El Paso TX, 79906