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Public Document

This exclusion request is for an Engine Ground for Theta Engine wire harness. The product is used by 

automotive manufacturers in the production of motor vehicles in U.S. vehicle assembly plants. The 

product provides electrical grounding for engine specific to Theta engine. The length of the wire harness 

is 255 mm. The material composition of the product consists of insulated wire, connectors, terminals, 

tape, and conduit. The product is packed in cardboard boxes, which are then placed on pallets for 

shipping. The description of the product is printed on the commercial invoice. Each wire harness also has 

an identifying part number permanent tag installed at the manufacturing plant. 

8544300000

Gardon, Steven

Kyungshin – Lear Sales and Engineering LLC

David Hamill, Arent Fox LLP

Importer

YES

Public Document
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PSBDPNQBSBCMFQSPEVDU
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NO

YES

* *

* *

* *

See attached for arguments in support of this exclusion request.

* This is a new product that was not historically imported, but will be imported in the upcoming

months due to previously planned production.


October 6, 2018 

VIA REGULATIONS.GOV PUBLIC DOCUMENT 

The Honorable Robert E. Lighthizer Docket No. USTR-2018-0025 

U.S. Trade Representative 

Office of the U.S. Trade Representative 

600 17th Street, NW, Room F516 

Washington, D.C., 20006 

Re: Request for Exclusion of Automotive Wire Harnesses under HTSUS 8544.30.0000 from the 

Determination of Action Pursuant to Section 301

Dear Ambassador Lighthizer: 

Kyungshin – Lear Sales and Engineering LLC (“Kyungshin”) respectfully submits this 

request for exclusion of automotive wire harnesses from the determination of action pursuant to 

Section 301 of the Trade Act of 1974.1

 Kyungshin is a joint venture owned by Kyungshin America 

Corporation and Lear Corporation. Both companies are automotive wire harness manufacturers. The 

joint venture is for the manufacture, distribution and sale of wire harnesses to US motor vehicle 

manufacturers. 



1

 19 U.S.C. § 2411. 

Kyungshin-Lear 

Sales & Engineering, LLC 

100 Smothers Road, 

Montgomery, AL 36117 

,l(l KyungshinLear 


This exclusion request addresses automotive wire harnesses classified under HTSUS 

subheading 8544.30.0000, which are currently subject to the 25% additional Section 301 tariff. The 

wire harnesses are manufactured by Qingdao Kyungshin Electric Co., Ltd., at its plant in Shandong, 

China. Automotive wire harnesses are the electrical wiring system for motor vehicles. They 

distribute electricity throughout the vehicle to perform different functions. Numerous wire harnesses 

connect to form the complete vehicle wire harness system of the vehicle. An example of a specific 

harness would be the front driver side door wire harness, which controls all the electrical functions in 

the door, such as the power window, locks and mirror. All automotive wire harnesses are designed 

and manufactured for a specific customer vehicle and function within the vehicle. 

Please note that a separate Section 301 Investigation Form to Request Exclusion of Product 

has been submitted for each unique product for which we are requesting an exclusion. In 

accordance with the procedures released by the Office of the United States Trade Representative 

(“USTR”),2

 Kyungshin also provides the following information requested by the USTR in support of 

this request. 



2 Procedures To Consider Requests for Exclusion of Particular Products From the Determination of 

Action Pursuant to Section 301: China’s Acts, Policies, and Practices Related to Technology 

Transfer, Intellectual Property, and Innovation, 83 Fed. Reg. 32,181 (USTR July 11, 2018). 


1. Availability of the product outside of China, i.e. whether the particular product and/or 

a comparable product is available from sources in the United States and/or in third 

countries 

Production for Kyungshin's US customers is currently being moved from China to 

Kyungshin’s plants in Mexico and Honduras. Although wire harnesses are available from countries 

other than China, Kyungshin is seeking this request because of the transition time involved as will be 

explained below. 

The plants are required to undergo a customer certification process which typically takes 

many months to complete. The Kyungshin plants have received the customer certification already as 

the move in production was started well before the 301 tariffs were announced. It is anticipated the 

relocation of wire harness production will be completed by the end of 2018. The exemption is being 

requested for the imports of wire harnesses that were subject to the 301 tariffs during this transition 

period from July 6, 2018 until the transition to the other plants is completed. As there is no US 

production of automotive wire harnesses used in motor vehicles manufactured in the US, all our 

major competitors also import wire harnesses from China and other countries. 

As noted above, it is anticipated that the transfer of production from China to the other 

Kyungshin plants will be completed by the end of 2018. Therefore, the exclusion requests filed by 

Kyungshin would cover the Section 301 tariffs assessed on imports made from July 6, 2018 until the 

transition to the other plants is completed sometime near the end of 2018. 


2. Whether the imposition of additional duties on the particular product would cause 

severe economic harm to the requester or other US interests 

Once imported, the wire harnesses are shipped to the customer’s US vehicle assembly plant 

to be incorporated into the vehicle during final assembly. The wire harnesses are used to distribute 

electricity throughout the motor vehicle to various functions such as the vehicle tailgate. The 

customers are the US motor vehicle manufacturers. 

Because US vehicle manufacturers have no domestic sources for wire harnesses, the 

availability of imported wire harnesses, including imports from China, is necessary to support the 

downstream manufacturing of vehicles in the US. The imposition of the 25% duties would have a 

severe negative impact on US vehicle production and most likely lead to increases in vehicle costs to 

US consumers. China is a major source of automotive wire harnesses and switching to suppliers that 

are located in other countries is a process that cannot happen overnight and in fact can take many 

months. Using our company as an example, even though we made the decision to transfer production 

of wire harnesses to Mexico and Honduras before the imposition of the tariffs, without an exclusion, 

we will we still will be faced with approximately six months of additional 25% duties on our wire 

harness imports from China. 

This negative impact to our company over the long term will be mitigated by switching 

production from China to Mexico and Honduras. Nevertheless, given the volume of imports, there 

will be a severe short term economic impact on Kyungshin and our customers during the transition of 

production from China that will likely be passed on to US consumers. 


Given that US interests are supported by actions such as the transition that is being 

undertaken by Kyungshin, we also believe granting this limited exclusion request would be 

consistent with promoting such US interests. 

3. Whether the particular product is strategically important or related to “Made in China 

2025” or other Chinese industrial programs

Automotive wire harnesses are not products on the Made in China 2025 list. The harnesses 

are not a high technology product. They are used to distribute electricity throughout the vehicle to 

specific functions, such as the tailgate or the backup warning sensor. The harnesses are manufactured 

for specific end customers, who are US motor vehicle manufacturers. There are not any US patents 

or trademarks on the harnesses produced by Kyungshin. The intellectual property rights have not and 

were not required to be transferred to the Chinese producer. There was no such requirement to 

transfer the intellectual property rights in order to manufacture the wire harnesses in China. 

We appreciate the Department’s consideration of this exclusion request. Please contact the 

undersigned if you have any questions regarding this submission. 

*********** 
I hereby certify that the information provided is complete and correct to the best of my 

knowledge. 

6 

Respectfully submitted, 

Steven Gardon 

Authorized Representative 

Kyungshin - Lear Sales and Engineering LLC 

VP Global Indirect Taxes & Customs 

Lear Corporation