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 conftdential information (BCI), is a public 

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

Public Version of BCI 

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

The 92151 Submersible sump pump is 1 HP utility pump for residential use. Single phase motors with a 

cast iron and stainless-steel housing. 

3. 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/ 

8413702004 

4. Requestor Information 

Requestor Name (Last, First): 

Organization Name: 

Jeffrey Hale 

Michel Sales Company, Inc. 

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

Requestor Representative: 

5. Requestor's relationship to the product: Importer 

6. Does this submission in regulations.govinclude additional attachments? 

YES 

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. 

Public Version of BCI 

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

NO 

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

YES 

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: [ ] 2017 Quantity: [ 

2016 Value: 2016 Quantity: [ 

2015 Value: [ 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). 

See Next page 

VERSION 1 END 2 
11. The Michel Sales Company, Inc., dba, Superior Pump is a family owned and operated Pump 

Company specializing in residential / light commercial duty pumps. Headquartered in Minneapolis, 

Minnesota, Michel Sales Company Pump was founded in 1999 after spending years in the pump industry 

dating back to the 70s. Michel Sales Company Pumps maintains strong core family values and 

exceptional customer service. The product is of the absolute highest quality offered at a fair price. 

Emphasis is placed on the details which makes our product the most durable pump on the market. 

Michel Sales Company is requesting an exclusion from the Section 301 Tranche 1 tariffs for its 

submersible sump pump, Model 92151 ("Pumr). The product is classified under HTS subheading 

8413.70.20 "Centrifugal pumps for liquids, not fitted with a measuring device, nesor with 10-digit 

classification 8413.70.2004 "... Submersible pump?. The product is imported fully assembled and ready 

for sale to Michel Sales Company's customers. The Pump is configured to be placed under the waterline 

in a household or light commercial sump well and incorporates up to a one-horsepower single-phase 

electric motor which is coupled to a fluid pump assembly. The motor / pump assembly is encased in a 

one-piece cast iron and stainless-steel waterproof housing to prevent water from entering the pump 

and coming into contact with the electrical components. (See Illustration 1). In the past three years, 

Michel Sales Company has imported (92151) Pumps, along with other comparable products in Michel 

Sales Company's product lines. 

Michel Sales Company is seeking the exclusion because Michel Sales Company's current U.S. 

suppliers are unable to supply the quality and quantity of Pumps required for Michel Sales Company's 

U.S. and global customer base. Michel Sales Company has undertaken multiple attempts to procure 

Pumps from other U.S. and non-Chinese suppliers, however, those suppliers have been unable to 

consistently manufacture and supply Pumps in the quantities that can meet our requirements and of the 

quality that meets the stringent technical specifications required by Michel Sales Company and its 

customers. 

Michel Sales Company has long standing relationships with two privately-owned companies in 

China: ELE Group Co., LTD and Shanghai Olive Industries Co., LTD, manufacturing facilities in China that 

manufacture the Pumps to Michel Sale Company's exacting specifications. Michel Sales Company has 

had these relationships for over 20 years. Michel Sales Company entire supply chain is designed to 

source these Pumps from these facilities. 

Michel Sales Company has no viable alternative for its voluminous supply of Pumps outside its 

established China sources short of "greenfielding" a replacement facility outside of China, which would 

be economically prohibitive. This leaves Michel Sales Company no other option than to continue to 

purchase its requirements of Pumps from China in spite of the 25% tariff. Further Michel Sales Company 

faces intense global competition in the submersible pump marketplace, and Michel Sales Company's 

global competitors outside of the U.S. will not be burdened with a 25% tariff on their submersible 

pumps or critical pump components. Instead, the tariff will dramatically impact Michel Sales Company's 

ability to compete in the global marketplace and will invariably lead to the loss of sales, and ultimately 

market share. 

Therefore, the tariffs will cause severe and disproportionate harm to Michel Sales Company and 

ultimately its U.S. customers as Michel Sales Company will be forced to attempt to pass along the tariff 

costs to its customers. Michel Sales Company estimates that based on the value and quantity data 

provided above the annual impact on this particular product will be large, and as this product is only one 

of many products that Michel Sales Company must source from its China facilities to continue to serve 

its customers, the total impact is much higher over several million dollars. Meanwhile, the tariffs will 
not have the desired punitive effect on the Chinese government that might cause them to reconsider 

their unfair trade policies and actions. 

Importantly, portions of the above Chinese facilities were completely re-fitted and tooled for 

the purpose of manufacturing Michel Sales Company's Pumps and the manufacturing technology, knowhow, and product specifications used in the facility all belong to Michel Sales Company. In fact, our 

sump pump motor was designed by our founder and chairman in the USA, with unique copper windings 

and magnetic placement around the motor coils that make the motor more efficient than the 

competition. Michel Sales Company has experienced no breach of its intellectual property rights frorn 

this factory and the Company would instantly lodge a complaint if such violation were identified. As the 

intellectual property is owned exclusively by Michel Sales Company, it is not transferring any IP to the 

Chinese factory. There is no forced transfer of technology, which transfer is the focus of the Section 301 

tariffs as discussed in the Section 301 report from the USTR. 

Further, the Pumps, produced in the China facilities are not covered under one of the ten 

industries which are the focus of the "Made in China 2025" program. Rather, these industries include: 

(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. 

Additionally, there is no joint venture between Michel Sales Company and the China facilities 

and the 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 whose intellectual 

rights are already protected by forcing it to pay additional duties does not further the U.S. government's 

policy regarding the "Made in China" initiative. 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 Pumps by Michel Sales Company does not serve the purpose of the Section 301 goals but in fact 

contravenes the goals. 

Michel Sales Company is committed to the U.S. economy and in advancing its industrial 

capabilities and in creating U.S. jobs and has been doing so for over for close to 30 years. Further, 

Michel Sales Company supports U.S. efforts to level the playing field with China, however the negative 

financial impact associated with the imposition of the tariffs on this key product, along with others 

would leave Michel Sales Company no choice but to re-evaluate its employment levels which would 

ultimately impact the livelihoods of hard-working Americans and their families. 

For these reasons Michel Sales Company respectfully requests that the Pumps be excluded from 

the Section 301 tariffs covering HTS subheading 8413.70.20. 

The submitter certifies that the information provided herein is complete and correct to the best 

of his / her knowledge. 
Click on image for high resolution picture 

Specifications I Performance Optional Accessories I Manual 

Features 

• Continuous duty, thermally protected - split capacitor motor 

• Pumps will lift water up to 25 of vertical height 

• Rugged stainless steel and cast iron construction 

• Large 2" discharge for high capacity pumping 

• 1-1/2" NPT adapter included 

• Clog resistant thermoplastic vortex impeller 

• Can be used as a utility pump by removing the float switch 

Technical Specifications 

HP 

Amps 

Construction 

Switch Type 

Discharge Size 

Discharge Type 

Cord Length 

Solids Handling 

Impeller Type 

Warranty 

1 

7.5 

Stainless Steel and Cast Iron 

Vertical 

Side 

10' 

1/2" 

Thermoplastic 

3 Year 

86 81 75 68 61 52 

20 no ea en lea 

Flow Rata (GM 

Performance 5160 4860 4500 4080 3660 3120 

92151: 1 HP SUMP 

Stainless Steel and Cast /ron Construction 

Specifications I performance I Optional Accessories Manual 

HEAD 0' 5' 10' 15' 20' 25' 

GPM 

GPH