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. 

Public Version of BCI 

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

The subject product is an air purifier, models AT-PET02, AT-PETO2A, and AT-PETO2FL. These air 

purifiers are specifically designed to cleanse the air of large particle, pet hair and dander in rooms up to 

188 square feet. All three models are identical in dimensions, material composition, and functionality. 

They also have identical components. The only difference in models are color and/or instruction book 

language. These products include a HEPA filter designed to capture up to 99.97% of airborne 

contaminants as small as 0.3 microns. The product models are mainly intended for residential use. 

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/ 

8421398015 

4. Requestor Information 

Requestor Name (Last, First): 

Organization Name: 

Greear, Joi 

HoMedics USA LLC 

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

Requestor Representative' Adrienne Braumiller. Braumiller Law Group, PLLC 

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?: 

1YES 

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: [BCI] 2017 Quantity: [BCI] 

2016 Value: [BCI] 2016 Quantity: [BCI] 

2015 Value: [BCI] 2015 Quantity: [BCI] 

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). 

The submitter certifies that information provided is complete and correct to the best of his or her 

knowledge. Please see attached narrative providing additional information regarding the exclusion 

request for this product. 

VERSION 1 END 2 
.43s,BRAUMILLER Amitsv LAW GROUP, PLLC 

INTERNATIONAL TRADE LAW PUBLIC VERSION 

Submitted Via VININV.Requlations.Gov 

September 28, 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) 8421.39.8015 

Dear Sir, 

This request for exclusion is submitted pursuant to Federal Register notice published on July 11, 

20181, establishing the process to submit exclusion requests from tariffs applied to U.S. imports 

according 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 air purifiers imported by HoMedics USA LLC (HoMedics 

or the Company), under HTS code 8421.39.8015 be excluded from the additional 25% tariff 

imposed on this HTS code pursuant to Section 301. 

Explained below are the reasons why the air purifiers 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 air purifiers are classified under HTS 8421.39.8015, "Filtering or purifying machinery 

and apparatus for gases; Other; Other; Dust collection and air purification equipment; Other. The 

8 digit code is only for "Filtering or purifying machinery and apparatus for gases; Other; Other; 

Dust collection and air purification equipment". Accordingly, the subject air purifiers, models ATPET02, AT-PETO2A, and AT-PETO2FL, differ from other air purifiers in this general 8 digit 

classification as these purifiers are specifically designed to cleanse the air of large particle, pet 

hair and dander in rooms up to 188 square feet. All three models are identical in dimensions, 

material composition, and functionality. They also have identical components. The only difference 

in models are color and/or instruction book language. The products are further distinguished from 

the 8 digit tariff description, as they include a HEPA filter designed to capture up to 99.97% of 

airborne contaminants as small as 0.3 microns. See Attachment A for a description of the lead 

model of the air purifiers. 

2. Severe economic burden to HoMedics and U.S. interests 

These air purifiers represent one of the Company's most imported and highest-selling lines. To 

levy this large of an additional cost to the product models translates to an additional cost of almost 

an additional [ ] to HoMedics in material purchases on Chinese manufactured air purifiers. This 

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

'),)10 WRING VALLEY RD., 50111 Joo DALLAS, TEXAS 75254 OF( (214) 148-9306 FAX ()14) M 101I-FREE: (87)) 211 S98/ 

WWW.BRAUMILLERLAW,COM 
PUBLIC VERSION 

amount of additional spend on these imported product models would drastically reduce HoMedics' 

net income on the entire product offering for the entire period the tariffs are in effect. Further, the 

additional tariffs would severely curtail the Company's ability to develop new products, source 

new customers, and maintain existing large volume customers. Eventually this would lead to 

reduction of the Company's [ ] and reduction in its overall company footprint to offset the tariff 

impact. A truly "American made" company would suffer due to imposition of the additional tariffs. 

3. Impact of Changing Sourcing to HoMedics 

As provided in the attached exclusion request form, similar air purifiers can be sourced from the 

U.S. and other third countries such as South Korea, Thailand and Malaysia. However, there is a 

downtime and extreme additional monetary and resource cost in moving sourcing to suppliers in 

other countries. Primarily, the base cost of obtaining the air purifiers from the new supplier will 

be an increased price relative to that HoMedics currently pays to its established supplier. In 

addition to this detrimental impact to the Company's bottom line, it would take HoMedics 

approximately [ ] to be able to institute a sourcing change. During this time, the Company would 

be required to pay the additional 25% tariff under Section 301 while working towards initiating and 

negotiating new supplier relationships. Further, achieving the goal of cementing new supplier 

relationships requires an additional expenditure of approximately [ ]. This expense would be an 

incremental cost over the additional tariff duties, and in addition to the higher price paid to the 

new suppliers to source the product models. 

There are other impediments and obstacles beyond these increased base costs to obtaining 

alternate sourcing of the product models. The suppliers HoMedics currently source from are 

certified in U.S. Customs and Border Protection's CTPAT program (Customs Trade Partnership 

Against Terrorism), which is a key selling point to HoMedics and the companies it sells to. 

HoMedics would require that its new suppliers also be CTPAT certified, which is an additional 

burden in terms of cost, timing and resources from different departments to achieve that change. 

While HoMedics seeks to find new suppliers and obtain CTPAT certification for them, the 

Company could potentially lose customers during the changeover. Further, in addition to the 

additional time spent in reviewing new suppliers and negotiating new contracts, HoMedics would 

spend additional time and internal resources on conducting internal compliance audits with its 

new vendors to ensure they are adhering to the Company's strict quality assurance protocols and 

internal compliance controls. The monetary impact of the additional resources spent is difficult to 

quantify but places an additional burden on current U.S. employees for extended lengths of time 

and thus impairs the HoMedics model of productivity and efficiency to ensure the continued 

growth of this American company. 

4. Relevance to "Made in China 2025" program 

The air purifiers manufactured by the Chinese factories are made according to longstanding, 

public knowledge and experience in this industry area. Accordingly, 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.2. 

2United States Officer of the Trade Representative "Findings of the Investigation Into China's Acts, Policies, 

and Practices Related to Technology Transfer, Intellectual Property, and Innovation Under Section 301 of 

Page 2 

)220 WRING VALLE Y Ri, t2)II I 200 DALLAS, TEXAS 152S4 (F( ()14) "i18, 9:i0b FAX. p1,1 )11 win NM-DILE: (877) 27 Sq81 

WWW.BRAUMILLERLAW.COM 
PUBLIC VERSION 

Additionally, the residential air purifier industry is not an advanced manufacturing area. The air 

purifiers are not one of the ten industries which are the focus of the "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 

The applicable Section 301 tariff list targets $34 billion in imports. As provided in the attached 

request form, HoMedics imports of the product models account for only about [ ] per year out of 

this massive import value of products from China. There is accordingly no direct link between 

these relatively low volume imports of the air purifiers, and the goals of the Section 301 tariffs to 

address the targeted industries in the "China 2025" program. 

Additionally, there is no joint venture between HoMedics and its Chinese suppliers. HoMedics' 

business relationship is not subject to any Chinese administrative policies which require the 

transfer of any U.S. intellectual property in any manner. Thus, penalizing a U.S. company where 

U.S. intellectual rights are not at risk 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 air purifiers by HoMedics does not serve the purpose of the Section 

301 goals but in fact contravenes the goals. 

In light of the above, HoMedics sincerely requests that its air purifier models AT-PET02, ATPETO2A, and AT-PETO2FL be granted an exclusion of the 25% Section 301 tariff. Importation of 

these product models 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 moderate sized U.S. 

company. The submitter certifies that information provided is complete and correct to the best of 

his or her knowledge. 

Sincerely, 

Digitally signed by Adrienne 

Adrienne DN: cn=Adrienne Bramiller, "'ilier 

o=l3raumiller Law Group, PLLC, ou, 

Braumiller ca_

ilzasdrienne@braumillerlaw.co 

Date: 2018.09.28 1507:13 -0500' 

Adrienne Braumiller, Esq. 

Trade Counsel for HoMedics USA LLC 

the Trade Act of 1974, (Mar. 22, 2018); also found at: 

https://ustr.gov/sites/default/files/Section%20301%20FINAL.PDF. 

Page 3 

)1.10 SPRING VALLEY RD., 50111 100 DALLAS, TEXAS 75251 OF ( (/1.1) 148- 9306 FAX (214) 71 /-9103 IOLL-EREE (877) 277 598/ 

WWW.BRAUMILLERLAW.COM 
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PETPLUSAIRPURIFIER 

INSTRUCTION MANUAL AND WARRANTY INFORMATION 

TWO YEAR LIMITED WARRANTY AT-PET02 
• 

IMPORTANT SAFETY INSTRUCTIONS: 

WHEN USING ELECTRICAL PRODUCTS, ESPECIALLY WHEN CHILDREN ARE PRESENT, BASIC SAFETY 

PRECAUTIONS SHOULD ALWAYS BE FOLLOWED, INCLUDING THE FOLLOWING: 

READ ALL INSTRUCTIONS BEFORE USING 

DANGER - TO REDUCE THE RISK OF ELECTRIC SHOCK: 

• Always unplug the air purifier frorn the electrical outlet immediately after using and before cleaning or 

replacing filters. 

• Keep cord away from heated surfaces. 

• Always place the air purifier on a firm, level surface. 

• Always place the air purifier at least six (6) inches away from walls and three (3) feet from heat 

sources such as stoves, radiators, or heaters. 

• DO NOT reach for an appliance that has fallen into water. Unplug it immediately. 

• DO NOT place or store appliance where it can fall or be pulled into a tub or sink. 

• DO NOT place in or drop into water or other liquid. 

• Keep dry - DO NOT operate in a wet or moist conditions. 

• Check your air purifier cord and plug connections. Faulty wall outlet connections or loose plugs can 

cause the outlet or plug to overheat. Be sure the plug fits tightly in the outlet. 

NOTE: This appliance has a polarized plug (one blade wider than the other). To reduce the risk of 

shack, this plug is intended to fit only one way in a polarized outlet. lf the plug does not fit fully in the 

outlet, reverse the plug. lf it still does not fit, contact a qualified electrician. 

DO NOT attempt to defeat this safety feature. To do so could result in an electric shock hazard. 

2 

VVARNING -TO REDUCE THE RISK OF BURNS, FIRE, ELECTRIC SHOCK, OR INJURY TO PERSONS: 

• Always unplug the air purifier when not in use. 

• Do not operate the air purifier with a damaged cord or plug, or after the air purifier malfunctions, 

or has been dropped or damaged in any manner. Return to HoMedics Consumer Relations for 

examination, electrical or mechanical adjustment, or repair. 

• This air purifier is not intended for use in bathroom, laundry areas and similar moist indoor locations, 

• Do not run cord under carpeting. Do not cover cord with throw rugs, runners or similar coverings. Do 

not route cord under furniture or appliances. Arrange cord away from traffic areas where it can be 

tripped over. 

• To disconnect the air purifier, first turn controls to the OFF position, then remove plug from outlet. 

• Do not tilt or move the air purifier while it is in operation. Shut off and remove plug from outlet before 

moving. 

• Do not insert or allow foreign objects to enter any ventilation or exhaust opening as this may cause an 

electric shock or fire, or damage the air purifier. 

• Do not block air intakes or exhaust in any manner. Do not use on any soft surface, like a bed, where 

openings may become blocked. 

• Use this air purifier only for its intended use as described in this manual. Any other use not 

recommended by the manufacturer may cause fire, electric shock, or injury to persons. 

• DO NOT use outdoors. 

• This product is intended for household use only. 

SAVE THESE IMPORTANT INSTRUCTIONS FOR EASY REFERENCE 

3 

1 
True HEPA Filters 

PelPlus Odor Fit 

Control Panel 

Main Unit 

Rear Grille Cover 

Pre-Filter 

Replace Odor 

Filter/Reset 

Replace NEPA 

Fitter/Reset 

limer 

Fan Speed 

Oscillation On/Off 

Power On/Oft 

TOTAL CLEANTM PET PLUS AIR PURIFIER 

CONTROL PANEL 

UNIQUE FEATURES & SPECIFICATIONS 

TRUE HEPA FILTRATION 

Removes up to 99.97% of airborne particles as srnall as 0,3 microns such as allergens, pollen, dust 

germs, pet dander, odor, mold spores and smoke. 

PETPLUS ODOR FILTRATION 

Reduces litter box odor, wet dog smell and other household odors. 

LARGE PARTICLE PRE-FILTER 

Captures hair, fur and larger particles. 

3 SPEEDS 

Low, medium and high speeds 

BUILT-IN TIMER 

Programmable, choose from 2, 4, 8, or 12 hours. 

WHISPER QUIET OSCILLATION 

For maximum room coverage. 

REPLACE FILTER INDICATORS 

Illuminates when it is time to replace the True HEPA or PetPlus Odor Filter 

SUGGESTED ROOM SIZE 

188 FT1. Portable air purifiers will be more effective in rooms where all the doors and windows are closed. 

AIR CHANGES PER HOUR 

This air purifier will purify the air in a 188 FT' room (assuming an 8-foot ceiling) 4.8 times per hour on 

high speed in a closed room. 
HOW TO USE 

Before Turning the Unit On 

• Take the air purifier out of the box and rernove t he clear protective plastic bag. 

• Place the air purifier on a firm level surface. 

• Make sure the air purifier is off and unplugged to confirrn that the filters are firmly in place and did not 

become loose during shipping. 

1. To check filters, open the rear cover by gently 

pushing the release tab on the top of the rear 

grille cover. Remove filters frorn plastic bags. 

2. Open the grille cover outward until the tabs at 

the bottom of the grille cover easily slide away 

from the unit. 

3. The True NEPA filters will be resting inside the 

unit. Make sure the filters are firrnly seated 

inside of the unit. 

HOW TO USE 

4. Remove the PetPlus Oder filters and set aside. 

Make sure the Pre-filter is properly seated on the 

grille cover frame. 

5. Place the PetPlus Odor Filters into the rear grille 

cover, seating them on the rails, with the pull 

tabs facing outward at the top of each filter. 

6. Place the tabs at the bottom of the grille cover 

into the base of the unit. Gently push the grdle 

cover back into place until you hear a click sound 

indicating that the grille cover is firmly latched. 

7 Connect the power cord into a standard AC outlet. 

NOTE: Unit will not operate unless filters and 

grille cover are properly installed. 
CLEANING THE PRE-FILTER 

For best performance vacuum the Pre-Filter once a month 

1. Open the rear grille cover by gently pushing down on the 

tab on the top of the grille cover 

2. Open the cover outward until the tabs at the bottom of 

the grille cover easily slide away from the unit. 

v' 

rill tr.. 

HOW TO USE 

1. On/Off and Speed Settings 

To turn the air purifier on, press the ON/OFF button on the control panel. When the air purifier is on, 

the OWOFF button on the control panel will be lit and the air purifier will start to operate on LOW speed. 

Once the air purifier is ON, press the SPEED + button to increase the fan speed to the MED setting. 

Press again to increase the fan speed to HIGH setting. To decrease the fan speed, press the SPEED — 

button until your desired setting is reached. The fan speed setting is indicated by the illuminated ring 

around the paw symbol. 

To turn the air purifier OFF, simply press the ON/OFF 6 button on the control panel. 

2. Timer 

There are four possible timer settings: 2 hours, 4 hours, 8 hours, and 12 hours. To activate the timer 

press the TIMER+ button on the control panel. Each time the + button is pressed, it will display the 

successive settings. To return to a setting already passed, press the TIMER— button. Once a timer 

setting has been selected, it will remain displayed on the TIMER screen. To operate continuously, cycle 

down through all timer settings until no timer setting is displayed. 

3. Oscillation 

To activate the oscillation feature, press the 0 button. To stop oscillation, press the button a second 

time. Unit will not automatically realign with foot when oscillation is stopped. To achieve alignment, 

stop oscillation at the moment the body becomes aligned with the foot. 

4. Replace NEPA Filter 

The REPLACE HEPA FILTER indicator illuminates when to replace the True HEPA Filters. 

5. Replace Odor Filter 

The REPLACE ODOR FILTER indicator illuminates when to replace the PetPlus Odor Filters. 

REPLACING TRUE NEPA FILTERS 

For optimal performance, replace every 12 months under normal usage conditions. Once the True HEPA filters 

have been replaced, press and hold the REPLACE HEPA FILTER button until it beeps to reset the indicator. 

To purchase genuine HoMedics replacement True HEPA filters, model # AT-OFL, go back to your retailer 

where you purchased your air purifier, or visit (US) www.homedics.com. 

REPLACING PETPLUS ODOR FILTERS 

For optimal performance, replace every 6 months under normal usage conditions. Once the Odor Filters 

have been replaced, press and hold the REPLACE ODOR HLTER button until it beeps to reset the indicator. 

To purchase genuine HoMedics replacement PetPlus Odor filters, model #AT-PETODR, go back to your 

retailer where you purchased your air purifier, or visit (US) www.homedics.com. 

8 

3. Remove the PetPlus Odor filters and set aside. Remove 

the Pre-Filter from the grille cover. 

4. Use the brush attachment with your vacuum cleaner. 

Run the attachment along both sides of the Pre-Filter, 

cleaning it thoroughly. 

5. Then place the Pre- Filter back in the grille cover, making 

sure it is seated in place on the frame. Place the PetPlus 

Odor Filters back into the grille cover, seating them on 

the rails with the pull tab facing outward at the top of 

each filter. 

6. Place the tabs at the bottom of the grille cover into the 

base of the unit. Gently push the grille cover back into 

place until you hear a click sound indicating that the 

grille cover is firmly latched. 

CAUTION: DO NOT WASH ANY OF THE FILTERS. DO NOT 

IMMERSE IN WATER. 

9 

1 
ENERGY STAR 

CLEANING AND CARE 

For best performance, we recommend: 

• NEVER use water or any household cleaners or detergents to clean the True HEPA Filters, PetPlus Odor 

Filters or Pre-Filter. 

• Clean off the outside of the unit with a dry cloth once a rnonth. 

• NEVER use water, wax, polish, or any chemical solution to clean the outside of the unit or grille cover. 

• Clean off the grille cover using a damp cloth or the brush attachment of your vacuum once a month. 

• Replace the True HEPA filters every 12 months under normal usage conditions. 

• Replace the PetPlus Odor filters every 6 months under normal usage conditions. 

• Vacuum the Pre-Filter once a month. 

• lf you will not be using the air purifier for an extended period of time, please store in the box, or a cool, 

dry place. 

This product earned the ENERGY STAR by meeting strict energy efficiency guidelines set 

by the US EPA. US EPA does not endorse any manufacturer claims of healthier indoor air 

from the use of this product. 

The energy efficiency of this ENERGY STAR qualified model is measured based on a ratio 

between the model's CADR for Dust and the electrical energy it consumes, or CADR/Watt. 

10 

TROUBLESHOOTING 

PROBLEM 

Unit will not operate • 

• 

• 

• 

POSSIBLE CAUSE 

Unit is not plugged in 

Unit not turned on 

No power at outlet 

HEPA filters not installed properly 

• 

• 

• 

• 

SOLUTION 

Plug unit in 

Press the POWER button to turn on 

Check circuits, fuses, try a 

different outlet 

Re-install the HEPA filters 

Reduced airflow or 

poor filtering 

• Plastic wrapping not removed • Remove plastic wrapping 

from filters 

• The back grille cover may 

be blocked • Check to make sure nothing 

is blocking the back grille cover 

• The pre-filter may be clogged and air intake 

• Check and clean the pre-filter 

Excessive noise • The unit is not level • Place the unit on a flat, 

even surface 

• PetPlus odor filters still in 

plastic bags • Remove the PetPlus filters 

from plastic bags 

• The filters are not seated properly 

• Make sure all filters are secured 

• The filters may be dirty 

restricting air flow • Replace the filters 

, 

Replace filter light • The replace filter indicator • Press and hold the replace filter 

remains lit after 

filter replacement 

needs to be reset button until you hear a beep 

The unit seems to be 

producing odors 

• The filters need replacing • Replace the filters as needed 

11