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 particular product of concern:

4.

*

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/

7.

5. Requestor's relationship to the product:

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.

Requestor Information

Requestor Name (Last, First):

VERSION 2 CONTINUED BELOW 1
8. Is this product, or a comparable product, available from sources in the United States? (If you

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

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:

2016 Value:

2015 Value:

2017 Quantity:

2016 Quantity:

2015 Quantity:

% of your total gross sales in 2017 that the Chinese-origin product accounted for.

% of the total cost of producing the final product(s) the Chinese-origin input 

accounts for.

% of your total gross sales in 2017 that sales of the final product(s) incorporating 

the input accounted for.

VERSION 2 CONTINUED BELOW 2

indicate "NO", you must provide support for your assertion in Box 12).

indicate "NO", you must provide support for your assertion in Box 12).

11. Is the Chinese-origin product of concern sold as a final product or an input used in

a) For imports sold as final products, please provide:

b) For imports of inputs used in the production of final products, please provide:

the production of a final product or products?
12. Please provide information in support your request, taking account of the

VERSION 2 END 3

instructions provided in Section B of the Federal Register notice. If you

responded "NO" to Questions 8 or 9, you must provide support for your

assertion in the box below. (Note: text entered below can extend beyond the

apparent size of this box).
Dynapac Road Construction Equipment

Dynapac North America LLC Tel: +1 (800) 651-0033 G 

342 Patricia Lane, Suite 104 www.dynapac.us

Fort Mill, SC 29708

October 4, 2018

VIA ELECTRONIC SUBMISSION

WWW.REGULATIONS.GOV PUBLIC VERSION

The Honorable Robert E. Lighthizer

United States Trade Representative

Office of the U.S. Trade Representative

600 17th Street, NW

Washington, DC 20508

Re: Request for Temporary Section 301 Exclusion (Docket Number USTR-2018-0005)

Small Gasoline Powered Double Drum Vibratory Rollers classified in HTSUS 8429.40.0020

Dear Mr. Lighthizer:

Dynapac North America LLC (“Dynapac”) respectfully submits this China Section 301 

exclusion request to the United States Trade Representative (“USTR”)1for gasoline-powered double 

drum vibratory rollers (“DDVR”) classified in Harmonized Tariff Schedule of the United States 

(“HTSUS”) subheading 8429.40.0020 and weighing less than 2,900 pounds with an operating width 

of less than 40 inches (“Small Gas DDVRs”). Small Gas DDVRs are machines used to compact 

material in preparation for load-bearing applications, such as paving and repairing roads. Dynapac 

requests that Small Gas DDVRs be excluded from the Section 301 tariffs2for the following reasons:

 Small Gas DDVRs play an important role in the development of public roads and other 

public infrastructure. Section 301 tariffs would increase costs for infrastructure building 

projects, directly harming taxpayers, particularly for projects needed in rural areas 

where tax revenues are lower.

 To Dynapac’s knowledge, Small Gas DDVRs are not produced in the United States in 

sufficient quantities to satisfy domestic demand.

 Small Gas DDVRs are not high-tech products that are related to or strategically 

important to Chinese industrial programs like the “Made in China 2025” initiative.

Pursuant to USTR’s instructions, Dynapac is submitting both business confidential and public 

versions of this request for exclusion. The business confidential version contains information in 

brackets ([ ]), the disclosure of which would harm Dynapac’s competitive position.

 

1 See Docket USTR-2018-0025, 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. 32181 (July 11, 2018).

2 See Annex A of 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 (June 20, 2018) (“Annex A”).
PUBLIC VERSION

I. Company Overview

Dynapac, headquartered in Fort Mill, South Carolina, is an international leader in road 

construction equipment manufacturing. Dynapac’s machinery are used principally in road-building, 

construction and public works projects. [ 

]

II. Product Description

Small Gas DDVRs are self-propelled machines that compact soil and asphalt for the pavement 

of roads, bridges and parking lots. They are essential machinery for the construction of roads and 

paths that provide the infrastructure to American communities and their economies. Dynapac’s Small 

Gas DDVRs are purchased and used in public infrastructure projects throughout the United States.

Roadbuilding and other infrastructure construction projects require load-bearing subsoil. Small 

Gas DDVRs play a crucial part in the construction process by compacting soil to prepare it for road 

construction, parking lots, and utility trenches. Small Gas DDVRs also compact asphalt and 

bituminous materials3for building roads. Dynapac’s CC900G and CC900G Plus Small Gas DDVRs 

are shown below. Specification sheets for these machines are provided in Exhibit A.

CC900G/CC900G Plus

Small Gas DDVRs are classified on the HTSUS under subheading 8429.40.0020 as vibratory 

road rollers. Annex A includes all products classified in the 8-digit HTSUS subheading 8429.40.0020, 

which provides:

8429 Self-propelled bulldozers, angledozers, graders, levelers, 

scrapers, mechanical shovels, excavators, shovel loaders, 

tamping machines and road rollers:

8429.40.00 Tamping machines and road rollers

New

 

3

“Bituminous material” refers to the adhesive binder material that holds together the mineral materials 

(“aggregate”) in an asphalt mix. It must be stable enough to stand up to heavy loads and keep aggregate from 

loosening but flexible enough to avoid the risk of cracking.
PUBLIC VERSION

20 Vibratory.......................................................

40 Other............................................................

60 Used

U.S. Customs & Border Protection classified vibratory road rollers under HTSUS 8429.40.00 in HQ 

089015 1991, a copy of which is attached as Exhibit B.

III. Production of Small Gas DDVRs in the United States is Insufficient

Dynapac imports Small Gas DDVRs from China where they are manufactured in a factory 

owned by Dynapac. Dynapac has no facilities in the United States that manufacture Small Gas 

DDVRs. There is only one manufacturer in the United States that produces Small Gas DDVRs, and 

that manufacturer cannot fulfill total market requirements annually.

IV. Small Gas DDVRs Are Not Strategically Important For “Made in China 2025”

Imposing tariffs on Small Gas DDVRs would not benefit U.S. industry, nor would it further the 

USTR’s stated goals underlying the Section 301 investigation. According to the USTR’s Section 301 

Investigation findings, China’s “Made in China 2025” industrial policy is centered on promoting ten 

strategic sectors of high-technology industries. Road and infrastructure construction equipment is not 

among those categories. 

The Chinese government has not employed any tactics to intervene in or regulate Dynapac’s 

operations in China. It has not attempted to use discretionary administrative licensing and approval 

processes, foreign equity limitations, or foreign ownership restrictions to require or pressure Dynapac 

to transfer technology. Dynapac’s control over its intellectual property and technology in China has 

not been undermined, and the Chinese government has not directed or facilitated investment in or 

acquisition or Dynapac’s assets or intellectual property. Dynapac is similarly unaware of any data 

breaches or attacks on any Dynapac facilities in China. The Chinese government does not consider 

Dynapac’s road construction equipment to be an area of strategic concern for its industrial policies. 

Imposing additional tariffs on such machinery would only harm American interests and would not have 

a material effect on China’s acts, policies, and practices used to acquire foreign technology that are 

at issue in the USTR’s Section 301 orders. 

V. Infrastructure Investment For The Domestic Economy

President Trump emphasized in his January 2017 State of the Union address, national goals 

for developing public infrastructure: “We will build gleaming new roads, bridges, highways, railways, 

and waterways all across our land. And we will do it with American heart, American hands, and 

American grit.” In a February 2018 policy statement, President Trump committed to the development 

of “new investments ... in rural America, which has been left behind for too long,” and to the removal

of “regulatory barriers that needlessly get in the way of infrastructure projects.”4 The Congressional 

Research Service also issued a report on January 24, 2018, regarding the Economic Impact of 

Infrastructure Investment, concluding that spending money to restore domestic infrastructure is a wise 

investment that will create jobs, stimulate the economy, and fix the nation’s road, bridges, pipelines, 

railways, ports, and airports. State and local tax dollars already are stretched very thin. Any increase 

 

4 See https://www.whitehouse.gov/briefings-statements/building-stronger-america-president-donald-j-trumpsamerican-infrastructure-initiative/. 
PUBLIC VERSION

in costs of equipment for the development of roadbuilding projects places an additional burden on 

taxpayers.

Small Gas DDVRs are used in the construction of roads and trenches, particularly in rural 

areas. Small Gas DDVRs must be imported for these projects because of their suitability for smaller 

projects and because they are not manufactured in the United States in sufficient quantities to meet 

demand.

VI. Disproportionate Economic Harm To U.S. Interests

Dynapac understands that the purpose of the Section 301 tariffs is to eliminate unfair Chinese 

trade practices relating to the misappropriation of United States intellectual property and technology. 

The imposition of these tariffs is intended to be practicable and effective to obtain the elimination of 

acts, policies and practices viewed as detrimental. Imposing tariffs on these products would cause 

disproportionate economic harm to U.S. interests, including small- or medium-size businesses and 

consumers. These products are sold to small- and medium-size companies that service state and 

local road development and other infrastructure projects. The imposition of tariffs on Dynapac’s Small 

Gas DDVRs would negatively affect these American consumers and economic producers.

There is insufficient U.S. production of comparable Small Gas DDVRs. As such, U.S. 

producers would derive minimal benefit from these tariffs, but U.S. consumers who purchase 

Dynapac’s equipment for construction projects would be harmed by the increased cost burdens of 

tariffs on Small Gas DDVRs. Such additional costs would disproportionately impact rural communities 

where tax revenues are lower and improved road infrastructure is in desperate need to connect such 

communities to greater opportunities in the U.S. economy. Dynapac’s equipment is used in the 

construction and repair of roads that are central to President Trump’s proposal to rebuild infrastructure 

and increase American economic growth and prosperity. Failure to progress on the White House’s 

directive to invest in American infrastructure would only result in harm to the American economy and 

U.S. interests.

VII. Proposed Exclusion

Dynapac respectfully requests that the USTR exclude from Annex A Small Gas DDVRs 

classified under HTSUS subheading 8429.40.0020. Small Gas DDVRs, as noted above, may be 

further defined, if necessary, as Small Gas DDVRs weighing less than 2,900 pounds with an operating 

width of less than 40 inches.

Respectfully submitted,

Brian Bieller

President

Dynapac North America, LLC.
Exhibit A
Dynapac CC900G

Double drum vibratory rollers

Technical data

Masses

Max. operating mass 2,900 lbs

Operating mass (incl. ROPS) 2,800 lbs

Module mass (front/rear) 1,200 lbs/1,600 lbs

Propulsion

Speed range 0-5 mph

Vertical oscillation ±13°

Theor. gradeability 35 %

Compaction

Centrifugal force 3,800 lb

Nominal amplitude 0.016 in

Static linear load (front/rear) 34 /44 lbs/in

Vibration frequency 4,200 vpm

Water tank 50 gal

Engine

Manufacturer/Model Honda GX630RH QYD

Type 4-stroke gasoline

Rated power, SAE J1995 19 hp @ 3,000 rpm

Fuel tank capacity 6 gal

Engine

Manufacturer/Model Loncin LC2V78F-1

Type 4-stroke gasoline

Rated power, SAE J1995 20 hp @ 3,600 rpm

Hydraulic system

Driving

Axial piston pump with variable

displacement.

2 radial piston motors with constant

displacement.

Vibration Gear pump/motors with constant

displacement.

Steering Gear pump with constant displacement.

Service brake Hydrostatic in forward and reverse lever.

Parking/Emergency

brake Failsafe brake in both drums.

Dynapac CC900G

Double drum vibratory rollers

Technical data

Masses

Max. operating mass 2,900 lbs

Operating mass (incl. ROPS) 2,800 lbs

Module mass (front/rear) 1,200 lbs/1,600 lbs

Propulsion

Speed range 0-5 mph

Vertical oscillation ±13°

Theor. gradeability 35 %

Compaction

Centrifugal force 3,800 lb

Nominal amplitude 0.016 in

Static linear load (front/rear) 34 /44 lbs/in

Vibration frequency 4,200 vpm

Water tank 50 gal

Engine

Manufacturer/Model Honda GX630RH QYD

Type 4-stroke gasoline

Rated power, SAE J1995 19 hp @ 3,000 rpm

Fuel tank capacity 6 gal

Engine

Manufacturer/Model Loncin LC2V78F-1

Type 4-stroke gasoline

Rated power, SAE J1995 20 hp @ 3,600 rpm

Hydraulic system

Driving

Axial piston pump with variable

displacement.

2 radial piston motors with constant

displacement.

Vibration Gear pump/motors with constant

displacement.

Steering Gear pump with constant displacement.

Service brake Hydrostatic in forward and reverse lever.

Parking/Emergency

brake Failsafe brake in both drums.

Find us locally at www.dynapac.us

We reserve the right to change specifications without notice. Photos and illustrations do not always show standard versions of machines.

The above information is a general description only, all informations are supplied without liability.

dynapac_cc900g_us-20180108.172622.pdf 2018-01-08 17:26
Dynapac CC900G

Double drum vibratory rollers

Technical data

Dimensions

A. Wheelbase 53 in

B. Width 38 in

C. Curb clerance 18 in

D. Drum diameter 23 in

H1. Height, with ROPS/cab 91 in

H2. Height, w/o ROPS/cab 62 in

K. Ground clearance 10 in

L. Length 83 in

O1. Overhang, right 1 in

O2. Overhang, left 1 in

R1. Turning radius, outside 9 ft

R2. Turning radius, inside 6 ft

S. Drum shell thickness 0.4 in

W. Drum width 35 in

α. Steering angle ±34°

Standard equipment

Emergency stop, Horn, Hour meter, Ignition key, Propulsion in both drums,

Foldable ROPS (incl. seat belt), Seat safety switch, Sliding operator seat,

Towing eyelet (front/rear),

Vibration on front drum, Warninglight for brakes, Warning light for hydraulic oil

temp

Dynapac CC900G

Double drum vibratory rollers

Technical data

Dimensions

A. Wheelbase 53 in

B. Width 38 in

C. Curb clerance 18 in

D. Drum diameter 23 in

H1. Height, with ROPS/cab 91 in

H2. Height, w/o ROPS/cab 62 in

K. Ground clearance 10 in

L. Length 83 in

O1. Overhang, right 1 in

O2. Overhang, left 1 in

R1. Turning radius, outside 9 ft

R2. Turning radius, inside 6 ft

S. Drum shell thickness 0.4 in

W. Drum width 35 in

α. Steering angle ±34°

Standard equipment

Emergency stop, Horn, Hour meter, Ignition key, Propulsion in both drums,

Foldable ROPS (incl. seat belt), Seat safety switch, Sliding operator seat,

Towing eyelet (front/rear),

Vibration on front drum, Warninglight for brakes, Warning light for hydraulic oil

temp

Find us locally at www.dynapac.us

We reserve the right to change specifications without notice. Photos and illustrations do not always show standard versions of machines.

The above information is a general description only, all informations are supplied without liability.

dynapac_cc900g_us-20180108.172622.pdf 2018-01-08 17:26
Dynapac CC900G Plus

Double drum vibratory rollers

Technical data

Masses

Max. operating mass 2,900 lbs

Operating mass (incl. ROPS) 2,800 lbs

Module mass (front/rear) 1,200 lbs/1,600 lbs

Propulsion

Speed range 0-5 mph

Vertical oscillation ±13°

Theor. gradeability 35 %

Compaction

Centrifugal force 3,800 lb

Nominal amplitude 0.016 in

Static linear load (front/rear) 34 /44 lbs/in

Vibration frequency 4,200 vpm

Water tank 50 gal

Engine

Manufacturer/Model Honda GX630R QYD

Rated power, SAE J1995 19 hp @ 3,000 rpm

Fuel tank capacity 6 gal

Hydraulic system

Driving

Axial piston pump with variable

displacement.

2 radial piston motors with constant

displacement.

Vibration Gear pump/motors with constant

displacement.

Steering Gear pump with constant displacement.

Service brake Hydrostatic in forward and reverse lever.

Parking/Emergency

brake Failsafe brake in both drums.

Dynapac CC900G Plus

Double drum vibratory rollers

Technical data

Masses

Max. operating mass 2,900 lbs

Operating mass (incl. ROPS) 2,800 lbs

Module mass (front/rear) 1,200 lbs/1,600 lbs

Propulsion

Speed range 0-5 mph

Vertical oscillation ±13°

Theor. gradeability 35 %

Compaction

Centrifugal force 3,800 lb

Nominal amplitude 0.016 in

Static linear load (front/rear) 34 /44 lbs/in

Vibration frequency 4,200 vpm

Water tank 50 gal

Engine

Manufacturer/Model Honda GX630R QYD

Rated power, SAE J1995 19 hp @ 3,000 rpm

Fuel tank capacity 6 gal

Hydraulic system

Driving

Axial piston pump with variable

displacement.

2 radial piston motors with constant

displacement.

Vibration Gear pump/motors with constant

displacement.

Steering Gear pump with constant displacement.

Service brake Hydrostatic in forward and reverse lever.

Parking/Emergency

brake Failsafe brake in both drums.

Find us locally at www.dynapac.us

We reserve the right to change specifications without notice. Photos and illustrations do not always show standard versions of machines.

The above information is a general description only, all informations are supplied without liability.

dynapac_cc900g_plus_us-20180109.151654.pdf 2018-01-09 15:16
Dynapac CC900G Plus

Double drum vibratory rollers

Technical data

Dimensions

A. Wheelbase 53 in

B. Width 38 in

C. Curb clerance 18 in

D. Drum diameter 23 in

H1. Height, with ROPS/cab 91 in

H2. Height, w/o ROPS/cab 62 in

K. Ground clearance 10 in

L. Length 83 in

O1. Overhang, right 1.4 in

O2. Overhang, left 1.4 in

R1. Turning radius, outside 9 ft

R2. Turning radius, inside 6 ft

S. Drum shell thickness 0.35 in

W. Drum width 35 in

α. Steering angle ±34°

Standard equipment

Cup Holders, Emergency stop, Horn, Hour meter, Ignition key, Propulsion in

both drums, Foldable ROPS (incl. seat belt), Seat safety switch, Sliding

operator seat, Towing eyelet (front/rear), Vibration on front drum, Warning

light for brakes, Warning light for hydraulic oil temp

Dynapac CC900G Plus

Double drum vibratory rollers

Technical data

Dimensions

A. Wheelbase 53 in

B. Width 38 in

C. Curb clerance 18 in

D. Drum diameter 23 in

H1. Height, with ROPS/cab 91 in

H2. Height, w/o ROPS/cab 62 in

K. Ground clearance 10 in

L. Length 83 in

O1. Overhang, right 1.4 in

O2. Overhang, left 1.4 in

R1. Turning radius, outside 9 ft

R2. Turning radius, inside 6 ft

S. Drum shell thickness 0.35 in

W. Drum width 35 in

α. Steering angle ±34°

Standard equipment

Cup Holders, Emergency stop, Horn, Hour meter, Ignition key, Propulsion in

both drums, Foldable ROPS (incl. seat belt), Seat safety switch, Sliding

operator seat, Towing eyelet (front/rear), Vibration on front drum, Warning

light for brakes, Warning light for hydraulic oil temp

Find us locally at www.dynapac.us

We reserve the right to change specifications without notice. Photos and illustrations do not always show standard versions of machines.

The above information is a general description only, all informations are supplied without liability.

dynapac_cc900g_plus_us-20180109.151654.pdf 2018-01-09 15:17
Exhibit B
 HQ 089015

 JULY 26, 1991

CLA-2:CO:R:C:M 089015 JAS

CATEGORY: Classification

TARIFF NO. 8429.40.00

Bruce Benedict

John V. Carr & Son, Inc.

50 Monroe Ave., N.W., Suite 250

Grand Rapids, Michigan 40503

RE: Soil Compactors; Vibrating Earth Compacting Machines

Dear Sir:

 In your letter of March 18, 1991, on behalf of J. I. Case,

Inc., Racine, Wisc., you inquire as to the tariff status of

certain vibrating compactors from Germany. Literature was

submitted. Our ruling follows.

FACTS:

 Your inquiry relates to the following models:

 SL1 Rammer 900 Plate Compactor

 SL2 Rammer 1300 Plate Compactor

 AT22 Reversible Plate Compactor 50 Vibratory Roller

 AT40 Reversible Plate Compactor 70 Vibratory Roller

 600 Plate Compactor

 Submitted Literature describes a series of power rollers,

vibrators and compactors for use in road work, construction,

asphalt paving and other earthworks applications. The listed

models weigh from 127 lbs. to 1587 lbs. and are hand operated or

controlled from behind by means of handlebars or yokes utilizing

a self-contained, non-electric (gasoline) motor.

ISSUE:

 Whether the listed models are self-propelled compacting

machines of heading 8429.

 - 2 -

LAW AND ANALYSIS:

 Merchandise is classifiable under the Harmonized Tariff

Schedule of the United States Annotated (HTSUSA) in accordance
with the General Rules of Interpretation (GRIs). GRI 1 states in

part that for legal purposes, classification shall be determined

according to the terms of the headings and any relative section

or chapter notes, and provided the headings or notes do not

require otherwise, according to GRIs 2 through 6.

 The Explanatory Notes (ENs) constitute the Customs

Cooperation Council's official interpretation of the Harmonized

System. While not legally binding on the contracting parties,

and therefore not dispositive, the ENs provide a commentary on

the scope of each heading of the Harmonized System and are thus

useful in ascertaining the classification of merchandise under

the System. Customs believes the notes should always be

consulted. See T.D. 89-80.

 Relevant ENs indicate that the machines of heading 8429

include self-propelled compacting machines, to include tamping

machines and road rollers, both of which are used in road

building. These are to be distinguished from certain earth

compacting rammers classified in heading 8467 as tools for

working in the hand. The ENs indicate the expression "tools for

working in the hand" relates to tools designed to be held in the

hand during use. It also covers heavier tools such as earth

rammers which are portable and can be lifted and moved by hand by

the user, in particular while work is in progress, and which are

designed to be controlled and directed by hand during operation.

To obviate the fatigue of taking their full weight during

operation they may be used with auxiliary supporting devices such

as tripods, jacklegs and overhead lifting tackle.

 Heading 8467 expressly excludes tools which, because of

their weight, size, etc., obviously cannot be used in the hand as

described. This is significant because literature on the models

SL1 and SL2 advertises transport wheels as optional equipment.

If these models are imported with these wheels attached, then the

issue of their portability for heading 8467 purposes is raised.

This does not appear to be the case here.

HOLDING:

 The nine (9) models of the vibratory compactors and road

rollers in issue are provided for in heading 8429. They are

 - 3 -

classifiable in subheading 8429.40.00, HTSUSA, tamping machines

and road rollers. The rate of duty is 2.5 percent ad valorem.

 Sincerely,

 John Durant, Director

Commercial Rulings Division