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.61

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.

 

61 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 Small Test Leads that is imported under HTS subheading 

9030.33.3800. 

Item: #RTL-103, Small Test Leads

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): 6.5x6.13x4.25

Item Weight (ounces): 8.96

II. ECM Cannot Source the Small Test Leads From Countries Outside Of China. 

The Small Test Leads 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 Small Test Leads. 

Shifting to a non-Chinese source for the Small Test Leads 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 Small Test Leads at the scale and cost that is 

needed. The Small Test Leads 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 Small Test 

Leads 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 Small Test Leads 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 Small Test Leads. 

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 Small Test Leads 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 Small Test Leads. 
3

III. The Imposition of this Duty on the Small Test Leads 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 Small Test 

Leads from China and imposition of this duty will negatively impact our business. 

Year Value (dollars) Quantity

2015 [ [

2016 [ [

2017 [ [

The Small Test Leads is already subject to a heavy duty. The proposed duty on the Small Test 

Leads would cost ECM hundreds 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. 

Additionally, applying this tariff on the Small Test Leads 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 Small Test Leads 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 Small Test Leads 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 Small Test Leads can be passed on, we expect most of the impact will be felt 

by consumers and contractors who buy and use RTL-103 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. 
4

Instead of impacting China’s manufacturing industry, the tariff on the Small Test Leads will 

significantly harm ECM and our customers here in the U.S.

IV. Imposing the Ad Valorem Tariff under Section 301 on the Small Test Leads 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.62

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.63

Notably, the Small Test Leads and its manufacture are not among the list of advanced 

technologies or industries that are targeted by the Chinese government policies.

The Small Test Leads 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 Small Test Leads 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 Small Test Leads 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 

 

62 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].

63 Section 301 Findings, at 14. 
5

respectfully request that the Small Test Leads 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