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:
October 2, 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 Hand-Held, Network And Systems Testing Devices from the 

Determination of Action Pursuant to Section 301

Dear Ambassador Lighthizer:

Viavi Solutions Inc. (“VIAVI”) respectfully submits this request for exclusion of handheld, network and systems testing devices from the proposed determination of action pursuant to 

Section 301 of the Trade Act of 1974.1 This request is timely filed, pursuant to the U.S. Trade 

Representative’s (“USTR”) instructions set forth in the Section 301 Determination.2 This 

exclusion request addresses hand-held, network and systems testing devices classified under 10-

digit HTSUS subheading 9027.50.4060, which are currently subject to the 25% additional 

Section 301 tariff. 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. 

 1 19 U.S.C. § 2411. 

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).
PUBLIC DOCUMENT Page 2 

VIAVI is a U.S. company headquartered in San Jose, California. Though our history 

dates back to 1923, VIAVI has operated more recently as JDS Uniphase Corporation 

(“JDSU”). On August 1, 2015, JDSU spun off one of its divisions into a separate public 

company – Lumentum (“LITE”) – and the remaining divisions changed their name to VIAVI. 

Since then, our company has continued to grow and strengthen its global presence through 

acquisitions, including recent purchases of Trilithic and the AvComm and Wireless divisions of 

Cobham’s Aeroflex. In total, VIAVI now has 16 U.S. facilities in California, Colorado, Florida, 

Georgia, Indiana, Kansas, Maryland, Minnesota, North Carolina, Ohio, Texas, and Washington. 

Our domestic operations provide 1,722 American jobs, including R&D, engineering, and 

manufacturing positions. 

VIAVI is comprised of 2 segments: 1) Optical Security and Performance Solutions 

(“OSP” or “VIAVI OSP”), and 2) Network and Service Enablement (“NSE” or “VIAVI NSE”), 

as shown in Figure 1. The VIAVI part numbers which are the subject this exclusion request are 

part of the VIAVI NSE division. 

Figure 1:

VIAVI Solutions 

Core Business Units 

Netwo,t.: and 

Service Enablcm(ml 

Providing comprehensive solutions to 

deploy & optimize communications 

networks and services 

~Security 

and Performance 

Enabling precision. high~ 

performance optical products for 

anti-counterfeiting. government, 

industrial, and consumer markets 
PUBLIC DOCUMENT Page 3 

The NSE segment of VIAVI is a global leader in network and service enablement. NSE 

designs, manufactures, and sells hand-held instruments that our U.S. customers use to manage 

and optimize their communication networks. Our network testing equipment, helps U.S. service 

providers, enterprises, and their ecosystems to deploy, maintain, optimize, and evolve the most 

complex and powerful networks throughout the country. It is safe to say that all data consumed 

within the U.S. traverses networks that have been tested or assured by VIAVI. 

Figure 2:

P a rt N umber : 22062984 Pu-1 X umber: 22114160 

P a rt Number: 22015983-003 Part Xun1ber. 2 113 0302 

P a rt Xumbe r: 2305-8440.000 

• 

I 

I 
PUBLIC DOCUMENT Page 4

The hand-held, network and systems testing devices addressed in the attached exclusion 

requests, pictured in Figure 2 above, assists VIAVI NSE’s customers in the management of U.S. 

network infrastructure. This equipment is used by a wide range of customers – from the world’s 

largest mobile operators and governmental entities to enterprise network and application 

providers to contractors laying the fiber and building the towers that keep us connected. Our 

customers include Fortune 100 companies, as well as small- and medium-size U.S. 

businesses. Ultimately, these products contribute to the quality of American consumers’ network 

experience. A tariff on these devices will not only harm VIAVI’s U.S. business, but also the 

downstream customers and American consumers that will be forced to pay higher prices for 

products they rely upon every day.

In accordance with the procedures released by the USTR,

3 VIAVI provides the following 

information requested by the USTR in support of this request. 

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

The network and systems testing devices addressed in these exclusion requests are critical 

to maintain telecommunications and cable networks in the United States. To our knowledge, 

there are no available domestic sources for the manufacture of this instrument and our 

competitors also likely source similar, non-strategic technology devices from China. Though 

certain competitors may source these products from other third countries, we are unable to buy 

the network and systems testing devices at issue from our competitors due to the proprietary 

 3 Id.
PUBLIC DOCUMENT Page 5

VIAVI technologies involved in their production. Transferring VIAVI’s own production from 

China to another location will involve the purchase and/or transfer of capital equipment, as well 

as considerable effort to set-up, train, and qualify any new manufacturing location. We estimate 

that this process will take up to 12 months based on previous transfers. 

Given the lack of immediately available alternative sources for these products, the 

continued implementation of a tariff on these products will increase costs to network service 

providers and downstream American consumers. Our telecommunications network testing 

equipment is used to optimize complex communication networks facilitating efficient and highquality communication, while at the same time keeping consumer costs for these same services 

low. The current tariff places upward pressure on the U.S. consumer’s basic telecommunication 

and cable costs, which virtually all Americans enjoy, benefit from, and depend upon for quality 

of life and, in some circumstances, emergency services. The time and expense associated with 

moving production to an alternate supplier, if one were available, may cause supply chain 

interruptions and result in a detrimental impact on VIAVI, our customers, and American

consumers.

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

severe economic harm to the requester or other US interests

The 25% ad valorem rate of duty on the network and systems testing devices subject to 

this exclusion request causes a disproportionate harm to U.S. interests, including our business, 

our downstream customers, and American consumers. The tariffs on network and systems 

testing devices will result in significant additional costs for our business, estimated at nearly $3 

million $2,922,071 in calendar year 2019. Our business will be forced to either absorb these 

costs, threatening the continued viability and expansions of our U.S. operations, or past them on 
PUBLIC DOCUMENT Page 6

to our consumers. Either result will be detrimental to U.S. interests, including domestic 

employments and American consumers.

To the extent our competitors manufacture in foreign locations other than China, 

implementation of the proposed tariff will place VIAVI at a significant competitive 

disadvantage. As detailed above, when faced with the choice of attempting to pass these costs on 

to our customers, where possible, or absorbing these cost increases internally, there is no good 

outcome. The proposed tariffs will increase costs for VIAVI NSE’s division, which will drive 

up the cost of consumer prices for the basic telecommunication and cable services that so many 

Americans count on and enjoy every day.

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

China 2025” or other Chinese industrial programs

The implementation such high tariffs on network and systems testing devices will have 

no effect on the Chinese acts, policies, and practices they seek to eliminate. The Section 301 

tariffs are intended to combat China’s discriminatory licensing requirements, foreign ownership 

restrictions, state-funded acquisitions, and state-backed hacking operations. The network and 

systems testing devices for which we are requesting an exclusion have not benefitted from the 

acts, policies and practices targeted by this tariff. 

VIAVI NSE is innovation-driven and has been consistently awarded for its unique test 

and measurement solutions and market-leading innovations in the telecommunications 

industry. A representation of VIAVI NSE’s recent awards is provided in Figure 3 below.
PUBLIC DOCUMENT Page 7 

Figure 3: 

As an innovator, we recognize the importance of intellectual property protections to 

support technological advances. However, a tariff on the network and systems testing devices at 

issue here will do little to protect American intellectual property rights. 

Each part number for which we are requesting an exclusion is manufactured by our U.S.-

based Contract Manufacturer in China. There are no transfers of intellectual property involved 

in the production of these products. VIAVI has a robust corporate patent program in place to its 

intellectual property around the globe, including in China. VIAVI NSE has well over 1,000 

patents in use, many of which have been applied for and granted in China. VIAVI has an 

Recent Awards 

Gartner. 

2017 NPMD Magic 

Quadrant Leader 

0 

I I!.' TELEPHONY. 

2016NFV=1 

PRODUCT OF THE YE,\R ---, I 

\"l.\.\'I 

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....... Uo ... 

AWARDS 

2017 

- for Outstanding Test & 

Measurement Vendor 

~·· OLIGHTWAVE' 

INNOVATIO N 

REVIEWS 

<il011A1.>1"~0 .. , ,._ll~• ,~ n '°"'~1,,11..-. " ..... "~,.,. 1,..,,,.,.,.no,...,.c,,, u,o,'"..,, """"'-O 

~

~ 

~ablinl! .. ,, Innovators Awards 
PUBLIC DOCUMENT Page 8 

ongoing patent program and many additional patent applications are currently pending in China 

and are fully expected to be granted. 

We have not encountered the Chinese acts, policies and practices described in the 

USTR’s Section 301 report. Therefore the 25% tariff on this part does not accomplish the stated 

objective of the Section 301 tariff and this part should be granted an exclusion from the List 1 

tariff.

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. 

avr so 

Director, Global Trade 

VIA VI Solutions Inc. 

600 l America Center, 6th Floor 

San Jose, CA 95002 
Exhibit 1 
Data Sheet

Whether installing or troubleshooting, the Visual Fault 

Locator (VFL) is an essential tool that quickly and easily 

locates problem areas in fiber cables. By pinpointing the 

exact location of fiber damage, technicians can diagnose, 

troubleshoot, and fix the problem efficiently. The VFL is also 

used for conducting continuity tests and performing fiber 

identification. 

Viavi Solutions offers two unique versions of the VFL that are economically priced and 

ergonomically designed for comfortable handling and portability. Both versions are equipped 

with a 2.5 mm interface and are compatible with connectors such as SC, ST, and FC, while the 

1.25 mm adapter enables connection to LC and MU connectors. The VFL emits a bright red 

laser beam (Class II), making the light escaping from the damaged fiber easily visible from a 

distance. The Continuous/Flash control button lets operators choose between continuous or 

flashing illumination.

Fiber Troubleshooting & Verification

Key Benefits

y Easy-to-use

y Quickly and easily locate damage in 

optical fiber

y Continuous and Flashing illumination 

modes

y Economically priced

y Ruggedized and designed for demanding 

field use

y Long-lasting battery life

y Protective rubber end cap 

Key Features

y Compact, ergonomic design for ultimate 

portability

y Visible wavelength is 650 nm

y High powered laser (1 mW) for singlemode (> 7 km) and multimode (> 5 km) 

connectors

y Continuous or Flash illumination

y Universal connector interface for quick 

and easy connection

y 2.5 mm connector input (1.25 mm adapter 

available)

y Includes soft-sided carrying case with belt 

loop 

Applications

y Locate sharp bends, breaks, and damages 

in fiber

y Conduct end-to-end continuity tests

y Perform fiber tracing and identification

Visual Fault Locators

Optical Fiber Damage/Break Locator

Red illumination indicating fiber damage/bend

,-, 

, .. , ' I \ 

.,1 I 

\ I ' .. , , , .. , 

~------------------------------~ I 

I 

I 

I 

I 
Contact Us +1 844 GO VIAVI

(+1 844 468 4284)

To reach the Viavi office nearest you, 

visit viavisolutions.com/contacts.

viavisolutions.com

© 2015 Viavi Solutions Inc.

Product specifications and descriptions in this 

document are subject to change without notice. 

vfl-ds-fop-tm-ae

30162537 900 0109

Comparison

FFL-050 (Pocket-sized) 

y Compact size for portability

y Uses two AAA batteries (included) with 30+ hours continuous power

y Universal 1.25 mm adapter sold separately

FFL-100 (Ruggedized)

y Rugged, shock-absorbing construction

y Uses two AA batteries (included) with 80+ hours continuous power

y Professional-grade with universal 1.25 mm adapter included

Specifications

FFL-050 

(Pocket-sized) 

FFL-100 

(Ruggedized)

Dimensions 11.4 x 3.5 x 2.0 cm

(4.5 x 1.4 x 0.8 in)

22.0 x 3.5 x 3.0 cm

(8.7 x 1.4 x 1.2 in)

Weight 46 g (1.6 oz) with two 

AAA batteries

150 g (5.3 oz) with 

two AA batteries

Fiber Compatibility Single-mode, Multimode

Wavelength 650 nm (visible)

Laser Safety Rating Class II

Output Power 1.0 mW max

Output Modes Continuous and flashing

Range > 7 km single-mode

> 5 km multimode

> 7.5 km single-mode

> 5 km multimode

Connector Interface Universal 2.5 mm 

(fixed) 

Universal 1.25 mm 

adapter (sold separately)

Universal 2.5 mm 

(fixed)

Universal 1.25 mm 

adapter (included)

Controls ON/OFF 

Continuous/Flashing

Battery Type Two AAA

Battery Life 30+ hours on 

continuous

80+ hours on 

continuous

Carrying Case Soft-sided with belt loop

Safety 1992, EN 61010-2, CE

Warranty 1 year

Ordering Information

Description Part Number

Visual fault locator (ruggedized) with 1.25 mm 

adapter

FFL-100

Visual fault locator (pocket-sized) FFL-050

Universal 1.25 mm adapter for FFL-100 FFL-U12

Universal 1.25 mm adapter for FFL-050 FFL-050-U12

Universal 1.25 mm adapter for FFL-100
Exhibit 2 
AFDOCS/17032070.1

VIAVI Packaging