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.151

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.

 

151 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). 
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I. Product Description

We request that USTR exclude the Battery Tester D C AAA AA 9V that is imported under HTS 

subheading 9030.33.3800. 

Item: #GBT-3502CS, Battery Tester D C AAA AA 9V

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 Battery Tester D C AAA AA 9V From Countries 

Outside Of China. 

The Battery Tester D C AAA AA 9V 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 Battery Tester D C AAA AA 

9V. 

Shifting to a non-Chinese source for the Battery Tester D C AAA AA 9V 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 Battery Tester D C AAA AA 9V

at the scale and cost that is needed. The Battery Tester D C AAA AA 9V 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 Battery Tester D C AAA AA 9V 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 Battery Tester D C AAA AA 9V 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 Battery Tester D C 

AAA AA 9V. 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 Battery Tester D C AAA AA 

9V 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 
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have already run into difficulties on guaranteeing supply on the Battery Tester D C AAA AA 

9V. 

III. The Imposition of this Duty on the Battery Tester D C AAA AA 9V 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 Battery Tester 

D C AAA AA 9V from China and imposition of this duty will negatively impact our business. 

Year Value (dollars) Quantity

2015 [ [

2016 [ [

2017 [ [

The Battery Tester D C AAA AA 9V 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 Battery Tester D C AAA AA 9V 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 Battery 

Tester D C AAA AA 9V 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 Battery Tester D C AAA AA 9V 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 Battery Tester D C AAA AA 9V can be passed on, we expect most of the 

impact will be felt by consumers and contractors who buy and use GBT-3502CS in electrical 

installation and repair and remodel projects, which will ultimately have an impact on the cost of 
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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 Battery Tester D C AAA 

AA 9V will significantly harm ECM and our customers here in the U.S.

IV. Imposing the Ad Valorem Tariff under Section 301 on the Battery Tester D C 

AAA AA 9V 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.152

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.153

Notably, the Battery Tester D C AAA AA 9V and its manufacture are not among the list of 

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

The Battery Tester D C AAA AA 9V 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 Battery Tester D C AAA AA 9V 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 Battery Tester D C AAA AA 9V 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.

 

152 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].

153 Section 301 Findings, at 14. 
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* * *

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 Battery Tester D C AAA AA 9V 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