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):
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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:

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October 9, 2018

The Honorable Robert E. Lighthizer

United States Trade Representative

Office of the United States Trade Representative

700 17th Street Northwest

Washington, D.C. 20508

Re: Docket No. USTR-2018-0025; Logitech Inc. Request for Exclusion of Certain Wireless Laser 

Presentation Devices from the Determination of Action Pursuant to Section 301: China’s Acts, 

Policies, and Practices Related to Technology Transfer, Intellectual Property, and Innovation

Dear Ambassador Lighthizer:

Logitech Inc. (“Logitech” or “the Company”) respectfully requests that certain wireless laser presentation devices

(“Presenters”) imported from China and classifiable in subheading 8526.92.5000 of the Harmonized Tariff 

Schedule of the United States (“HTS”) be excluded from the additional 25% ad valorem duty that took effect on 

July 6, 2018, pursuant to the United States Trade Representative’s determination under Section 301 of the Trade 

Act of 1974.1

The Presenters at issue are handheld consumer devices that connect wirelessly to a computer. These devices 

enable the user to remotely control the computer while making a slide show presentation without having to 

directly access the computer. The Presenters incorporate buttons for changing slides and a laser pointer to 

highlight points of interest that appear on the screen during a presentation. In addition, these articles operate via 

wireless connectivity, in the 2.4 gigahertz frequency band, by pairing with a mini-USB dongle which is inserted 

into a computer’s USB port. The mini-USB receiver is included in the retail packaging with the Presenters, in 

addition to alkaline batteries which power the device. The wireless connectivity feature enables the speaker to 

move freely while controlling the presentation. The Presenters are a USB plug-and-play device, meaning the user 

just sticks the mini-USB receiver into a USB port and the device is ready to use. These products help educators, 

students, and business professionals move seamlessly through presentations. 

As discussed further below, an exclusion for the Presenters is appropriate and necessary to prevent the additional 

duty from, itself, becoming an unnecessary burden on U.S. commerce. First, the Presenters are not available from 

U.S. sources, and the Presenters are currently not produced in sufficient quantities in third countries. Second, 

imposing the additional 25% duty on these products will cause the company to incur additional operational costs, 

and will result in higher prices for U.S. consumers. Third, the Presenters are simple USB plug-and-play devices, 

which are not of strategic importance to, nor do they contain the type of advanced technology that benefits from 

or supports China’s industrial policies, in particular, the “Made in China 2025” plan. Last, Logitech manufactures 

 

1 Notice of Determination 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. 14,906 (Apr. 6, 

2018); 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. 28,710 (June 20, 2018).
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products at its wholly-owned foreign enterprise in China, which has not been compelled to transfer IP and/or 

technology to Chinese companies or State actors. 

Additional details on our request are set forth below. 

I. The Presenters Are Unavailable in the United States And Are Not Currently Produced in Sufficient 

Quantities in Third Countries

The Company is unaware of any U.S. sources of the Presenters. The cost of production in the United States 

would be too high relative to the price that the consumer market is willing to pay for these products. To warrant 

manufacturing the Presenters in the United States, a duty significantly higher than 25% would need to be imposed 

on imports of all laser presentation devices, regardless of where manufactured. 

The Company is aware of third countries which manufacture devices similar to the Presenters. However, these 

countries currently do not produce these products in sufficient quantities. Building local relationships in third 

countries, qualifying suppliers, installing tooling, and other supply chain modifications (i.e., component sourcing, 

establishing new shipping routes, etc.) will take additional time. Simultaneously, the Company must wind down 

certain operations in China. Granting this product exclusion request will afford Logitech the additional time it 

needs to establish manufacturing capacity in third countries. 

II. The Additional Duties on The Presenters Will Cause Logitech to Incur Additional Operational 

Costs, And Result in Higher Prices for U.S. Consumers 

The imposition of an additional 25% duty on the Presenters will cause Logitech to incur additional operational 

costs. The Company has wholly-owned and operated its own factory in China for several decades, and has made 

significant investments in this facility. So, whether Logitech continues manufacturing in China (and pays the 

additional 25% duty), or abandons its investment in China, the Company will suffer additional operational costs. 

Approving this exclusion request will protect the Company and U.S. consumers from increased costs while the 

Company winds down operations in China and ramps up operations in third countries.

If this exclusion request is not granted, the Presenter product lines will remain viable only if the Company raises 

prices. Raising prices would harm U.S. consumers since the Presenters are educational products used exclusively 

by individuals, including educators, students, business professionals, and influencers. In the classroom, teachers 

depend on the Presenters to help lead discussions, interact with students, and move seamlessly through 

presentations, which increases the likelihood that even students with a short attention span remain engaged. 

Students also rely on these products when making presentation to classmates. Similarly, business professionals 

use these devices to share knowledge with colleagues, introduce new products to the public, and train new 

employees. Influencers, such as those who participate in TED Talks, rely on Presenters to spread ideas and 

inspire individuals across the world to be intellectually engaged with the subjects they care about. In short, these 

are consumer products that are intended to help facilitate the sharing of knowledge in an interactive setting.

To avoid disproportionate and immediate harm to Logitech and U.S. consumers, we respectfully request that the 

USTR approve this product exclusion request. 
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III. The Grant of a Product Exclusion Will Not Undermine the Objectives of the Section 301 Duty

A product exclusion covering Presenters will not undermine the ultimate objective of the Section 301 duty— to 

obtain the elimination of China’s unreasonable and discriminatory acts, policies and practices in relation to 

technology transfers, intellectual property and innovation—because these products are not strategically important 

to China’s industrial policies, including “Made in China 2025”. As USTR noted in its Section 301 report on the 

investigation into China’s acts, policies and practices, the cited acts, policies and practices are driven largely by 

China’s industrial policies, which are focused on technology.2 At several points, the report highlights the fact that 

China’s goal is to become a global leader, particularly with respect to advanced technologies, and that it seeks to 

“move up the value chain, advancing from low-cost manufacturing to become a ‘global innovation power in 

science and technology.’”3

Accepting the conclusions in USTR’s report, Presenters cannot be considered products of strategic importance to 

China’s industrial policies. The Presenters are, as compared with the high-tech sector products identified in the 

“Made in China 2025” plan,4low-value products incorporating technology that is years old. In light of China’s 

goal to shift away from low-value manufacturing to higher technology manufacturing, the Presenters are not 

strategically important products for China and the additional duty on imports of Presenters will not put pressure 

on China to eliminate its unreasonable and discriminatory practices that are focused on advanced technology 

products and intellectual property. 

IV. Proposed Tariff Language for The Presenters

Logitech proposes the following tariff language for the Presenters:

Wireless presentation devices, incorporating a red or green laser, powered by alkaline batteries 

CBP would be able to administer the exclusion of such products with minimal difficulty. Specifically, CBP can

identify the Presenters by their description as “presenters” on the shipping documentation. Further, presenters are 

visually identifiable as handheld consumer products incorporating buttons for controlling a slide show 

presentation. These products are packaged for retail sale and are generally referred to as “presenters” or 

“presentation devices” on the retail packaging. 

 

2 Office of the United States 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 the Trade Act of 1974 10-17 (Mar. 22, 2018), 

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

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Id. at 10.

4 According to the “Made in China 2025” plan, China is focused on growth and competitiveness in ten high-tech sectors and on high-value, 

high-tech products in those sectors, which include information technology, robotics, aerospace equipment, maritime engineering equipment 

and vessel manufacturing, advanced railway equipment, new energy vehicles, electrical equipment, biomedicine and high-performance 

medical devices, and agricultural equipment. U.S. Chamber of Commerce, Made in China 2025: Global Ambitions Built on Local 

Protections 10 (2017), https://www.uschamber.com/sites/default/files/final_made_in_china_2025_report_full.pdf.
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V. Logitech’s Manufacturing Operations in China Are Designed to Protect the Company’s Intellectual 

Property

Logitech has made substantial investments in developing a manufacturing strategy in China that is insulated from 

the harmful acts, policies, and practices that were the subject of the Section 301 investigation. In its day-to-day 

business operations, Logitech protects its own intellectual property, shields its own proprietary technology, and 

insulates its own product development from technology transfers. Logitech does this by wholly owning and 

operating its factory in China. This facility is owned by a non-Chinese entity, is not otherwise subject to 

ownership restrictions (i.e., joint ventures) and is not subject to forced technology transfers. The Company made 

this investment several decades ago and, since that time, has embraced and re-embraced that facility as the best 

business practice to protect its intellectual property and proprietary product technology. 

Logitech has neither suffered from, nor contributed to, the Chinese government’s acts, policies and practices 

identified in the Section 301 determination. Logitech has not licensed, or been required to license, any 

technologies to Chinese entities, and has not been compelled to transfer IP and/or technology to Chinese 

companies or State actors. To the contrary, the Company has an impressive track record of protecting and 

enforcing its portfolio of IP rights in China including patents and trademarks. 

Absent a nexus between the Presenters and unfair activity of the Government of China, there is no rationale for 

denying this exclusion request. 

VI. Company Background

Logitech is a world leader in designing, manufacturing and marketing products that help connect people to digital 

and cloud experiences. For 35 years, Logitech products have been synonymous with consumer peripheral devices, 

including computer, mice, keyboards, and webcams. In more recent years, the Company has expanded its product 

portfolio to include devices designed specifically for use in schools (e.g., digital pencils, specially formatted tablet 

keyboards, etc.), wireless speakers for teenagers and adults, gaming peripherals for E-sports (e.g., headsets, 

steering wheels, etc.), wireless earbuds for athletes, and television remote controls. Logitech’s brands include 

Logitech, Jaybird, Ultimate Ears, Logitech G, and Harmony Remote Controls. Regardless of product or brand, 

Logitech designs and builds products for individual consumers. 

Logitech wholly-owns and operates its own factory in China. Most of our products are manufactured there. This 

entity is a wholly foreign-owned enterprise (i.e., 100% owned by non-Chinese entity) and operates free from 

Chinese ownership restrictions. Logitech prioritizes maintaining complete control over the licensing and use of 

the Company’s intellectual property. 

The Company’s administrative headquarters is in Newark, CA. We employee approximately 1,000 people in the 

United States in a variety of capacities, including R&D, engineering, manufacturing, sales & service, and various 

professional and administrative positions.

VII. Conclusion

The Presenters are not currently available in sufficient quantities in countries other than China. If this exclusion 

request is not granted, the additional 25% duty will cause Logitech to incur increased operational costs, resulting 

in higher prices for U.S. consumers. The grant of this exclusion request will not undermine the objective of the 
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Section 301 duties because the Presenters are simple USB plug-and-play devices which are not strategically 

important to China’s industrial policies. Further, by wholly-owning and operating its own manufacturing facility 

in China, Logitech has designed its operations in such a way to prevent the discriminatory and unjustifiable acts, 

policies, and practices found in the Section 301 investigation. 

For these reasons, we respectfully requests that the Presenters classifiable in subheading 8526.92.5000, HTS be 

excluded from the additional 25% ad valorem duty that took effect on July 6, 2018. 

Thank you for the opportunity to submit this request. If you have any questions, or if you require any additional 

information, please contact Mark Kinzie, Director of Worldwide Compliance (mkinzie@logitech.com, 510-713-

4519).

Respectfully submitted,

Mark Kinzie, Director of Worldwide Compliance