Organization Name:

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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.

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.

VERSION 1

Requestor Information

Requestor Name (Last, First):
END 2

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 

estimates if precise figures are unavailable.

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Submitted via www.regulations.gov

October 8, 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”) 

8413.70.2004

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 bilge pumps imported by Academy, Ltd. d/b/a Academy 

Sports + Outdoors (“Academy” or “the Company”) under HTS 8413.70.2004 be excluded from 

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

Explained below are the reasons why the bilge pumps 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 bilge pumps are classified under HTS 8413.70.2004, “[o]ther centrifugal pumps: 

[o]ther: [s]ubmersible pumps.” The HTS classifies other centrifugal pumps (not used with 

machines for making cellulosic pulp, paper or paperboard) in the 8-digit subheading, HTS 

8413.70.20, and further categorizes the subheading into eight 10-digit statistical suffix provisions.

The first 10-digit provision covers submersible pumps, while the remaining seven 10-digit 

provisions cover a variety of non-submersible pumps, such as single-stage, single-suction, closecoupled pumps; single-stage, single-suction, frame-mounted pumps; single-stage, double suction 

pumps; multi-stage, and single- or double-suction pumps. The Marine Raider 800 GPH Bilge 

Pump 201574104 is classified in the first 10-digit provision, HTS 8413.70.2004, because it is a 

centrifugal pump designed to remove water from a maritime vessel. The subject pump is further 

distinguished from other pumps in the 8-digit subheading, as it is submersible in either fresh or 

saltwater. This model also has a snap-in base, and its ignition is protected with a 12-volt tinned 

wire. Once assembled, the bilge pump’s gross weight is 1.01 lbs. See Attachment A for a 

description of the bilge pump.

 

1 83 Fed. Reg. 32181 – 32184 (July 11, 2018).
Section 301 List 1 – Exclusion Request

Page 2

BUSINESS CONFIDENTIAL

2. The bilge pumps are currently only available from China

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

produces the subject bilge pumps, among other bilge pump 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 bilge pump lines, the cost of pumps 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 [ ] due to 

the complexity of the product line, compliance conformity, and to establish the process to 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 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 an additional 

[ ], depending on items and equipment needed to facilitate production.

3. Severe economic burden to Academy and U.S. interests

In total, Academy imports approximately [ ] per year of the subject bilge pumps 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% tariff to import the bilge pumps 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 bilge pumps 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 bilge pumps. 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. 
Section 301 List 1 – Exclusion Request

Page 3

BUSINESS CONFIDENTIAL

In addition, bilge pumps are not one of the following ten industries which are the focus of the 

“Made in China 2025” program:

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.

There is accordingly no direct link between these imports of bilge pumps 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 bilge pumps by Academy does not serve the purpose of the Section 301 goals but 

in fact contravene the goals.

In light of the above, Academy sincerely requests that its MR 800 GPH Bilge Pump 201574104

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.

 Updated Date : 

Item Description: 

Brand:

Inner Pack 

Qty

Cube 0.03 cuft 0.001 M3 0.42 cuft 0.012 M3

Gross Weight 1.01 lbs 0.46 kgs 6.05 lbs 2.75 kgs

Net Weight 0.64 lbs 0.29 kgs 3.85 lbs 1.75 kgs

Length 3.10 In. 7.87 cm. 11.22 In. 28.50 cm.

Width 3.80 In. 9.65 cm. 11.02 In. 28.00 cm.

Height 4.42 In. 11.23 cm. 5.91 In. 15.00 cm.

Master Pack

Qty

Cube 1.02 cuft 0.029 M3

Gross Weight 12.10 lbs 5.50 kgs 

Net Weight 7.70 lbs 3.50 kgs

Length 11.81 In. 30.00 cm.

Width 11.61 In. 29.50 cm.

Height 12.80 In. 32.50 cm.

20' Ctnr Qty: pcs

40' Ctnr Qty: pcs pcs 

Packaging Specification Primary: 0.30 mm Recycled Cardboard Secondary: 0.4mm Plastic

Regulatory Standards met or exceeded N/A

Master Carton

 Dimensions

12

11,765

23,529 Hi Cube Ctnr Qty : 

Component Specification

What is it made of? ABS 

Packaging concept Tri-Clam

Primary use Replacement Bilge Pump

03/28/18

800 GPH Bilge Pump

Marine Raider

Assembled Item Dimensions Inner Carton

Dimensions

6

28,235

PRODUCT SPECIFICATION

Key selling points Submersible - Bottom/Bulkhead Mount - For Fresh or Saltwater - Snap-In Base - Ignition 

Protection - 12 Volt Tinned Wire

Description of item 800 GPH Bilge Pump