N85 W12545 Westbrook Crossing • Menomonee Falls, WI 53051

_________________________________________________________________________________________________________________________

October 5, 2018 

Submitted via regulations.gov

Ambassador Robert E. Lighthizer

U.S. Trade Representative

Office of the U.S. Trade Representative

600 17th Street NW

Washington, DC 20508

RE: Request 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 (USTR-2018-0025)

Dear Ambassador Lighthizer:

ECM Industries LLC (“ECM”) hereby submits this request to exclude items under the 

Harmonized Tariff Schedule of the United States (“HTS”) subheading 9030.33.3800 from the 

additional ad valorem duty of 25 percent on approximately $34 billion worth of Chinese 

imports.88

ECM is a small business with a long history of manufacturing and supplying electrical 

components and products for the construction, industrial power, and transportation markets. We 

are headquartered in Menomonee Falls, Wisconsin, and have a global presence with six locations 

across the U.S., Mexico, and China. Our legacy dates back to 1959 with the founding of Gardner 

Bender, one of our leading brands. Since then, we have built a world-class organization.

ECM employs 350 employees worldwide, of which 320 are based in the U.S. Our company is 

one of the U.S.’s preeminent suppliers of innovative and niche electrical products and systems 

and we are dedicated to providing our customers with solutions for their electrical applications. 

From lighting a commercial building to remodeling a home to providing the electrical 

connections that stand up to the harshest outdoor environments, the brands of ECM Industries 

provide the right solution for the most demanding applications.

 

88 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. 28710 (Jun. 20, 2018). 
2

I. Product Description

We request that USTR exclude the Sperry Instruments VD6505 Adjustable Non-Contact Volt 

Detector Tester, 12-1000V AC, Patented, CUL, ETL Listed, Pro Comfort Grip, Lifetime 

Warranty, 1/Each that is imported under HTS subheading 9030.33.3800. 

Item: #VD6505, Sperry Instruments VD6505 Adjustable Non-Contact Volt Detector Tester, 12-

1000V AC, Patented, CUL, ETL Listed, Pro Comfort Grip, Lifetime Warranty, 1/Each

HTS subheading: 9030.33.3800

Item Description: Electrical tester, made of plastic and metal components. Instrument that 

measures electrical connections through contacts and probe(s) attached to enclosure.

Material(s): Made of Plastic and metal components

Item Size (inches H x W x D): 9.3x4.3x4.4

Item Weight (ounces): 14.04

II. ECM Cannot Source the Sperry Instruments VD6505 Adjustable Non-Contact 

Volt Detector Tester, 12-1000V AC, Patented, CUL, ETL Listed, Pro Comfort 

Grip, Lifetime Warranty, 1/Each From Countries Outside Of China. 

The Sperry Instruments VD6505 Adjustable Non-Contact Volt Detector Tester, 12-1000V AC, 

Patented, CUL, ETL Listed, Pro Comfort Grip, Lifetime Warranty, 1/Each and comparable 

products are not available in the U.S. or countries outside of China. While we have explored the 

possibility of sourcing these products from other countries, there are no alternative 

manufacturers of the Sperry Instruments VD6505 Adjustable Non-Contact Volt Detector Tester, 

12-1000V AC, Patented, CUL, ETL Listed, Pro Comfort Grip, Lifetime Warranty, 1/Each. 

Shifting to a non-Chinese source for the Sperry Instruments VD6505 Adjustable Non-Contact 

Volt Detector Tester, 12-1000V AC, Patented, CUL, ETL Listed, Pro Comfort Grip, Lifetime 

Warranty, 1/Each is not a viable option at this time. Global supply chains are extremely complex 

and it can take years to find the right partners who can meet the proper criteria and our produce 

the Sperry Instruments VD6505 Adjustable Non-Contact Volt Detector Tester, 12-1000V AC, 

Patented, CUL, ETL Listed, Pro Comfort Grip, Lifetime Warranty, 1/Each at the scale and cost 

that is needed. The Sperry Instruments VD6505 Adjustable Non-Contact Volt Detector Tester, 

12-1000V AC, Patented, CUL, ETL Listed, Pro Comfort Grip, Lifetime Warranty, 1/Each is 

designed and packaged to our unique specifications and we have been working with our Chinese 

vendors for over 20 years to ensure that the Sperry Instruments VD6505 Adjustable Non-Contact 

Volt Detector Tester, 12-1000V AC, Patented, CUL, ETL Listed, Pro Comfort Grip, Lifetime 

Warranty, 1/Each meets the high quality standards we expect. We have invested millions of 

dollars in tooling, training, and employ nearly 20 people in Shanghai who oversee and manage 

our supplier base. It is nearly impossible for us to develop similar relationships and supply 

chains in the near term to make this product.

We have explored the possibility of sourcing the Sperry Instruments VD6505 Adjustable NonContact Volt Detector Tester, 12-1000V AC, Patented, CUL, ETL Listed, Pro Comfort Grip, 

Lifetime Warranty, 1/Each from other countries. This is extremely impractical given the 

prohibitive cost disadvantages of other countries such as labor and raw material costs. Several of 
3

our Chinese suppliers have even looked to move their factories to countries outside of China to 

remain in business and continue to support customers such as us. However, this relocation will 

not happen in the near term to help provide tariff relief. 

Additionally, there are few viable U.S.-based sources that manufacture the Sperry Instruments 

VD6505 Adjustable Non-Contact Volt Detector Tester, 12-1000V AC, Patented, CUL, ETL 

Listed, Pro Comfort Grip, Lifetime Warranty, 1/Each. We believe that developing the necessary 

manufacturing capacity within America is technically and economically infeasible in the short 

term to meet our customers’ demand requirements. Based on our understanding, the U.S. 

suppliers of Sperry Instruments VD6505 Adjustable Non-Contact Volt Detector Tester, 12-

1000V AC, Patented, CUL, ETL Listed, Pro Comfort Grip, Lifetime Warranty, 1/Each also 

import products or components from Chinese suppliers and then add some limited value through 

additional manufacturing here in the U.S. Because of this Chinese reliance, these suppliers have 

already demanded 25 percent price increase for this product. Because of this we have already 

run into difficulties on guaranteeing supply on the Sperry Instruments VD6505 Adjustable NonContact Volt Detector Tester, 12-1000V AC, Patented, CUL, ETL Listed, Pro Comfort Grip, 

Lifetime Warranty, 1/Each. 

III. The Imposition of this Duty on the Sperry Instruments VD6505 Adjustable NonContact Volt Detector Tester, 12-1000V AC, Patented, CUL, ETL Listed, Pro 

Comfort Grip, Lifetime Warranty, 1/Each Has a Significant Impact on ECM’s 

Business, Resulting in a Significant Profit Loss and Reduction of ECM’s 

Workforce. 

As you can tell from the below information, we import a significant amount of the Sperry 

Instruments VD6505 Adjustable Non-Contact Volt Detector Tester, 12-1000V AC, Patented, 

CUL, ETL Listed, Pro Comfort Grip, Lifetime Warranty, 1/Each from China and imposition of 

this duty will negatively impact our business. 

Year Value (dollars) Quantity

2015 [ [

2016 [ [

2017 [ [

The Sperry Instruments VD6505 Adjustable Non-Contact Volt Detector Tester, 12-1000V AC, 

Patented, CUL, ETL Listed, Pro Comfort Grip, Lifetime Warranty, 1/Each is already subject to a 

heavy duty. The proposed duty on the Sperry Instruments VD6505 Adjustable Non-Contact Volt 

Detector Tester, 12-1000V AC, Patented, CUL, ETL Listed, Pro Comfort Grip, Lifetime 

Warranty, 1/Each would cost ECM thousands of dollars in increased duties. The cumulative 

impact of the list 1 Section 301 tariffs would cost ECM millions of dollars in increased duties. 

These additional unexpected costs for our small business are layered on top of the detrimental 

impacts from the Section 301 tariffs imposed on our products on lists 1 and 2 and those proposed 

for list 3 that total over $5.9 million. Overall, these tariffs cripple ECM, forcing ECM to reduce 

its workforce in the U.S. to afford these tariffs. 
4

Additionally, applying this tariff on the Sperry Instruments VD6505 Adjustable Non-Contact 

Volt Detector Tester, 12-1000V AC, Patented, CUL, ETL Listed, Pro Comfort Grip, Lifetime 

Warranty, 1/Each will have a significant impact on ECM’s customers. ECM has thousands of 

customers, with more than 95 percent based in the U.S. Our customers are predominantly U.S. 

distributors, retailers, and manufacturers that distribute or use our products in electrical 

construction, maintenance, and repair applications. Because of the competitive nature of our 

business, and the fact we deal with many power buyers such as big box stores, we cannot recover 

the costs of the tariff on Sperry Instruments VD6505 Adjustable Non-Contact Volt Detector 

Tester, 12-1000V AC, Patented, CUL, ETL Listed, Pro Comfort Grip, Lifetime Warranty, 

1/Each by passing it along to our customers as they are extremely price sensitive and will look 

for an alternative supplier. Imposing this tariff on our product would cause substantial 

downstream injury to those industries as well, which would eventually trickle down to the U.S. 

consumer. 

This ad valorem tariff on the Sperry Instruments VD6505 Adjustable Non-Contact Volt Detector 

Tester, 12-1000V AC, Patented, CUL, ETL Listed, Pro Comfort Grip, Lifetime Warranty, 

1/Each places our company between a rock and a hard place. If we try and pass the full amount 

of the duty on to our customers, we run the risk of losing our contracts with major customers, 

and with that millions of dollars of sales and profits. The alternative is not a good one, and that 

means reducing our workforce in the U.S. in order to absorb the costs of this tariff. We have 

been a healthy and growing business and have not laid anyone off in over five years; in fact we 

have been hiring. As of July 6, 2018, we have implemented a hiring freeze and are only 

replacing critical positions as a result of attrition. Because of the cumulative impact of these 

tariffs, we will be forced to reduce our headcount by 50 to 60 people in order to offset the costs 

to our bottom line. 

When the tariff on Sperry Instruments VD6505 Adjustable Non-Contact Volt Detector Tester, 

12-1000V AC, Patented, CUL, ETL Listed, Pro Comfort Grip, Lifetime Warranty, 1/Each can be 

passed on, we expect most of the impact will be felt by consumers and contractors who buy and 

use VD6505 in electrical installation and repair and remodel projects, which will ultimately have 

an impact on the cost of construction projects. In fact, a significant portion of the product is 

purchased by consumers directly at most leading retailers and hardware chains across the 

country.

Instead of impacting China’s manufacturing industry, the tariff on the Sperry Instruments 

VD6505 Adjustable Non-Contact Volt Detector Tester, 12-1000V AC, Patented, CUL, ETL 

Listed, Pro Comfort Grip, Lifetime Warranty, 1/Each will significantly harm ECM and our 

customers here in the U.S.

IV. Imposing the Ad Valorem Tariff under Section 301 on the Sperry Instruments 

VD6505 Adjustable Non-Contact Volt Detector Tester, 12-1000V AC, Patented, 

CUL, ETL Listed, Pro Comfort Grip, Lifetime Warranty, 1/Each Will Not Be 

Effective in Eliminating China’s Predatory Acts. 

USTR’s Section 301 report found that various policies and practices of the Chinese government 

are designed to promote Chinese companies as leaders in supplying certain advanced 
5

technologies around the world and to reduce imports of these technologies that Chinese 

industries rely upon. According to USTR and the White House’s Office of Trade and 

Manufacturing policy, China has participated in physical and cyber-enabled theft of 

technologies, required technology transfer for market access, and investment restrictions, among 

other coercive and intrusive restrictions that harm American intellectual property rights, 

innovation, and technology development.89

According to the various Section 301 reports, the technologies that China targets through its 

policies are advanced technologies in the following industries: (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.90

Notably, the Sperry Instruments VD6505 Adjustable Non-Contact Volt Detector Tester, 12-

1000V AC, Patented, CUL, ETL Listed, Pro Comfort Grip, Lifetime Warranty, 1/Each and its 

manufacture are not among the list of advanced technologies or industries that are targeted by the 

Chinese government policies.

The Sperry Instruments VD6505 Adjustable Non-Contact Volt Detector Tester, 12-1000V AC, 

Patented, CUL, ETL Listed, Pro Comfort Grip, Lifetime Warranty, 1/Each has been on the 

market for many years and does not contain sensitive technology or intellectual property that is 

the target of China’s practices. In fact, ECM has been sourcing the Sperry Instruments VD6505 

Adjustable Non-Contact Volt Detector Tester, 12-1000V AC, Patented, CUL, ETL Listed, Pro 

Comfort Grip, Lifetime Warranty, 1/Each from China since the 1990’s and has not experienced 

these challenges. To the contrary, ECM has enjoyed a constructive relationship with its Chinese 

suppliers and has not encountered any of the intellectual property theft, cyber theft, or other 

technology-related compilations that advanced technology industries have faced. 

In sum, our importation of the Sperry Instruments VD6505 Adjustable Non-Contact Volt 

Detector Tester, 12-1000V AC, Patented, CUL, ETL Listed, Pro Comfort Grip, Lifetime 

Warranty, 1/Each from China is not linked to any purportedly unfair practices. Imposing 

punitive tariffs on our imports would only harm our small business and the U.S. customers we 

serve without advancing the stated objectives of the Section 301 proceeding.

* * *

ECM appreciates the opportunity to request this exemption from the Section 301 tariffs. While 

we understand and support the motivation for fair trade policies and a level playing field, we 

respectfully request that the Sperry Instruments VD6505 Adjustable Non-Contact Volt Detector 

Tester, 12-1000V AC, Patented, CUL, ETL Listed, Pro Comfort Grip, Lifetime Warranty, 

 

89 USTR, 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 1–2 (Mar. 22, 2018) [hereinafter 

Section 301 Findings]; Office of Trace and Manufacturing Policy, Executive Office of the President, How China’s 

Economic Aggression Threatens the Technologies and Intellectual Property of the United States and World (Jun. 

2018) [hereinafter China’s Economic Aggression].

90 Section 301 Findings, at 14. 
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1/Each imported from China under HTS subheading 9030.33.3800 be exempt from the additional 

25 percent ad valorem duty because it will not accomplish the desired purpose and will have a 

significant detrimental impact on ECM, the businesses we supply, and U.S. consumers.

Respectfully submitted, 

David Scheer

Chief Executive Officer

ECM Industries LLC