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.190

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. 

190 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 GFCI Outlet Circuit Analyzer Single LED Indication of 

Wiring Error that is imported under HTS subheading 9030.33.3800. 

Item: #CE-GFI6500, GFCI Outlet Circuit Analyzer Single LED Indication of Wiring Error 

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): 8.5x7.5x3.8 

Item Weight (ounces): 25.00

II. ECM Cannot Source the GFCI Outlet Circuit Analyzer Single LED Indication

of Wiring Error From Countries Outside Of China.

The GFCI Outlet Circuit Analyzer Single LED Indication of Wiring Error 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 GFCI Outlet Circuit Analyzer Single LED Indication of Wiring Error. 

Shifting to a non-Chinese source for the GFCI Outlet Circuit Analyzer Single LED Indication of 

Wiring Error 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 

GFCI Outlet Circuit Analyzer Single LED Indication of Wiring Error at the scale and cost that is 

needed. The GFCI Outlet Circuit Analyzer Single LED Indication of Wiring Error 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 GFCI Outlet Circuit Analyzer Single LED Indication of 

Wiring Error 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 GFCI Outlet Circuit Analyzer Single LED 

Indication of Wiring Error from other countries. This is extremely impractical given the 

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

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 GFCI Outlet Circuit 

Analyzer Single LED Indication of Wiring Error. 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 GFCI Outlet Circuit Analyzer Single LED Indication of Wiring Error also import 

products or components from Chinese suppliers and then add some limited value through 
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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 GFCI Outlet Circuit Analyzer Single LED 

Indication of Wiring Error. 

III. The Imposition of this Duty on the GFCI Outlet Circuit Analyzer Single LED

Indication of Wiring Error Has a Significant Impact on ECM’s Business,

Resulting in a Significant Profit Loss and Reduction of ECM’s Workforce.

Year Value (dollars) Quantity

2015 [ [

2016 [ [

2017 [ [

The GFCI Outlet Circuit Analyzer Single LED Indication of Wiring Error is already subject to a 

heavy duty. 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. 

Additionally, applying this tariff on the GFCI Outlet Circuit Analyzer Single LED Indication of 

Wiring Error 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 GFCI Outlet Circuit Analyzer Single LED Indication of Wiring Error 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 GFCI Outlet Circuit Analyzer Single LED Indication of Wiring 

Error 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. 
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When the tariff on GFCI Outlet Circuit Analyzer Single LED Indication of Wiring Error can be 

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

use CE-GFI6500 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 GFCI Outlet Circuit 

Analyzer Single LED Indication of Wiring Error will significantly harm ECM and our customers 

here in the U.S. 

IV. Imposing the Ad Valorem Tariff under Section 301 on the GFCI Outlet Circuit

Analyzer Single LED Indication of Wiring Error 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 

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.191

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.192

Notably, the GFCI Outlet Circuit Analyzer Single LED Indication of Wiring Error and its 

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

Chinese government policies. 

The GFCI Outlet Circuit Analyzer Single LED Indication of Wiring Error 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 GFCI Outlet Circuit 

Analyzer Single LED Indication of Wiring Error from China since the 1990’s and has not 

experienced these challenges. To the contrary, ECM has enjoyed a constructive relationship 

191 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].

192 Section 301 Findings, at 14. 
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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 GFCI Outlet Circuit Analyzer Single LED Indication of Wiring 

Error 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 GFCI Outlet Circuit Analyzer Single LED Indication of Wiring 

Error 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