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 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.

2016 Value:

2015 Value:

2017 Value:

2016 Quantity:

2015 Quantity:

2017 Quantity:
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”) 8431.10.0090 

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 the subject Marine Raider Replacement Winch Handles

201399716 imported by Academy, Ltd. d/b/a Academy Sports + Outdoors (“Academy” or “the 

Company”) under HTS 8431.10.0090 be excluded from the additional 25% tariff imposed on this 

HTS code pursuant to Section 301. 

 

Explained below are the reasons why the winch handles 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 winch handles are classified under HTS 8431.10.0090, “[p]arts suitable for use solely 

or principally with the machinery of headings 8425 to 8430: [o]f machinery of heading 8425; 

other.” The HTS classifies winch handles in the 8-digit HTS subheading, 8431.10.00, and 

immediately breaks down the subheading into two finer categories at the 10-digit statistical suffix 

level. The first one is HTS 8431.10.0010, parts used solely or principally with machinery of 

subheading 8425.11 or 8425.19, and the second one is HTS 8431.10.0090, other. The subject 

Marine Raider Replacement Winch Handle 201399716 classified in the latter category because it 

is a part used solely or principally with a winch classified in HTS 8425.39. 

The part is distinguished from other parts in the 8-digit HTS code because it is not a part used for 

a winch classified in either HTS 8425.11 or 8425.19. The winch, that the replacement handle is 

used for, is neither powered by an electric motor (HTS 8425.11), nor considered a pulley tackle or 

hoist (HTS 8425.19). Therefore, the subject winch handle is properly classified because it is not 

used for a winch classified under HTS 8425.11 or HTS 8425.19. The winch handle is further 

distinguished from the other 10-digit HTS code, as it is made of zinc-plated steel and molded 

 

1 83 Fed. Reg. 32181 – 32184 (July 11, 2018).

BRAU MILLER 

LAW GROUP. PUC 

I NTERNAT IONAL TRADE LAW 

5220 SPRING VALLEY RD.,SUITE 200 DALLAS, TEXAS 75254 (214)348·9306 TEL. (214) 217·9309 FAX (877) 277·5987 TOLL·FREE 

WWW.BRAUMILLERLAW.COM. 
Section 301 List 1 – Exclusion Request

Page 2 

rubber. The model has a long easy-grip handle, which is designed to fit the customer’s hand. The 

strong zinc-plated steel shaft protects against corrosion and gives the model torque handling 

ability. The gross weight of the product is 1.22 lbs. See Attachment A for a description and picture 

of the winch handle. 

2. Sourcing the winch handles outside of China would lead to significant delays in 

product development for Academy

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

produces the replacement winch handles 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. that could produce Academy’s winch 

handles, the cost of such handles would be much higher, in addition to the cost of changing 

sourcing. 

Academy has identified some entities in Taiwan that could produce the winch handles; however, 

to suddenly change Academy’s sourcing to another country would take at least [ ] to 

open models, develop products, and establish a 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 source all winch 

handle production to Taiwan. 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 [ ] of the subject winch handles 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% to import the replacement winch handles 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 winch handles 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 replacement winch handles. 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 winch handles, which are unrelated to technology, would deter China from 5220 SPRING VALLEY RD.,SUITE 200 DALLAS, TEXAS 75254 (214)348·9306 TEL. (214) 217·9309 FAX (877) 277·5987 TOLL·FREE 

WWW.BRAUMILLERLAW.COM. 
Section 301 List 1 – Exclusion Request

Page 3 

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. 

In addition, winch handles 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 the replacement winch handles 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 the winch handles by Academy does not serve the purpose 

of the Section 301 goals but in fact contravenes the goals. 

 

In light of the above, Academy sincerely requests that its Marine Raider Replacement Winch 

Handle 201399716 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.

5220 SPRING VALLEY RD.,SUITE 200 DALLAS, TEXAS 75254 (214)348·9306 TEL. (214) 217·9309 FAX (877) 277·5987 TOLL·FREE 

WWW.BRAUMILLERLAW.COM. 
. ATTACHMENT A 
 Updated Date : 

Item Description: 

Brand:

Inner Pack 

Qty

Cube 0.04 cuft 0.001 M3 0.03 cuft 0.001 M3

Gross Weight 1.22 lbs 0.56 kgs 7.33 lbs 3.33 kgs

Net Weight 1.16 lbs 0.53 kgs 6.97 lbs 3.17 kgs

Length 5.50 In. 13.97 cm. 6.92 In. 17.58 cm.

Width 1.31 In. 3.33 cm. 3.22 In. 8.18 cm.

Height 8.93 In. 22.68 cm. 2.04 In. 5.18 cm.

Master Pack

Qty

Cube 0.77 cuft 0.022 M3

Gross Weight 44.00 lbs 20.00 kgs 

Net Weight 41.80 lbs 19.00 kgs

Length 21.46 In. 54.51 cm.

Width 13.78 In. 35.00 cm.

Height 9.06 In. 23.01 cm.

20' Ctnr Qty: pcs

40' Ctnr Qty: pcs pcs 

Key selling points Zinc Plated Steel; East Grip Handle; 8 3/4"

Description of item Replacement Winch Handle 59229 8-3/4” Long Easy-grip handle is designed to fit your hand. 

Strong zinc-plated steel shaft for corrosion resistance and torque handling ability.

Primary use Accessory

05/25/18

Winch Handle w/nut & keeper 

Marine Raider

Assembled Item Dimensions Inner Carton

Dimensions

6

112,208

PRODUCT SPECIFICATION

Packaging Specification Primary: 0.2 mm Recycled Cardboard Secondary: 0.45mm Plastic

Regulatory Standards met or exceeded N/A

Master Carton

 Dimensions

36

46,753

93,506 Hi Cube Ctnr Qty : 

Component Specification

What is it made of? Zinc Plated Steel; Molded Rubber

Packaging concept Clam