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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:

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*

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/

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VERSION 1

Requestor Information

Requestor Name (Last, First):
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8. Is this product, or a comparable product, available from sources in the United States?:

VERSION 1

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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

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JUNKER & NAKACHI, P.C.

ONE MARKET SPEAR TOWER; SUITE 3600

SAN FRANCISCO, CA 94105

(415) 498-0070

WWW.TRADELAWCOUNSEL.COM

MATT NAKACHI

(213) 458-2602

NAKACHI@TRADELAWCOUNSEL.COM

October 1, 2018 

Via Reglations.gov

The Honorable Robert E. Lighthizer 

United States Trade Representative 

Office of the U.S. Trade Representative 

600 17th Street, N.W. 

Washington, DC 20508 

Re: Section 301 Investigation: China’s Acts, Policies, and Practices Related to 

Technology Transfer, Intellectual Property, and Innovation / Request For Exclusion 

From Additional 301 Duties

Dear Ambassador Lighthizer:

On behalf of Byson Electronics U.S., LLC (hereafter “Byson”), we provide this request for 

exclusion from additional duties on imports of certain models of Photovolatic Cables (“PV 

cables” from China.1

I. Background Information

A. Company Background

Byson is a global leader in Photovoltaic (PV) cable supplies. As a U.S. importer of record, Byson 

delivers PV cables for connecting solar panels, inverters, combiner boxes and other PV harness 

applications to U.S. solar manufactures.

B. Product Background

Byson imports insulated “photovoltaic cables” (also known as “PV cable”). These PV cables are 

designed to distribute electricity from photovoltaic power systems. They are imported on bulk 

reels, without connectors. 

Photovoltaic power systems are mounted outdoors in the elements. Direct sunlight can lead to 

both high-temperatures and high-UV radiation. These severe conditions require PV cable to be 

designed to tough UV and heat resistant specifications. The specifications are generally for 

single-core cables with a maximum permissible DC voltage of 1.8 kV and a temperature range 

1 See, Docket USTR-2018-0025, Procedures to Consider Requests for Exclusion of Particular Products from the 

Determination of Action Pursuant to Section 301. 83 Fed. Reg. 32181 (July 11, 2018).

Docket No. USTR-2018-0025 

PUBLIC DOCUMENT
Byson Electronics U.S., LLC

Request for a 301 Tariff Exclusion

October 8, 2018

Page 2

from -40°C to +90°C.2 The insulation and jacket uses 125°C XLPO which is an environmentally 

non-toxic substance. As a result, the cables are known as “non-halogen” cables, meaning that the 

compounds in the cable insulation and jacket have no fluorine, chlorine, bromine, iodine or 

astatine. If a fire were to touch the insulation of the cable, it would emit little 

to no toxic halogens, and minimal smoke.

All PV cables are made to an industry standard which typically relates to rating of the conductor 

material. For example, Byson manufacturers cables for the U.S. standard, (UL4703). Byson also 

manufactures cables as “Dual” rated, meaning that in addition to the U.S. standard, the cables also 

meet the EETS and JCS4517 applicable to other countries such as Japan and Europe. To Byson’s 

knowledge, its “Dual-rated” cables are the only such dual rated cables sold on the market. That 

means that U.S. manufacturers are better able to use Byson dual-rated cables for solar 

applications in both the U.S. and for sale to overseas customers. This greatly reduces the various 

inventory requirements, such as carrying pre-wired goods in stock, or tracking multiple types of 

PV cables.

The metal conductor within the cable is generally either a tinned copper, or a bare copper, 

however, for example with standards TUV1169, 1990 or EN50618, the conductor must be tinned 

copper. 

C. The Importance of PV Cables in U.S. Manufacturing

PV Cables are required by the U.S. solar manufacturing community to install solar panels. For 

example, in a typical installation, current may need to run from solar panels to solar panel; to 

power inverters, to batteries, to a charge controller, to a circuit breaker disconnect, or to an 

electrical panel.

D. Tariff Classification

Byson PV Cables are classified under 8544.60.4000, HTSUS, which provides for “Insulated 

(including enameled or anodized) wire, cable (including coaxial cable) and other insulated electric 

conductors, whether or not fitted with connectors; optical fiber cables, made up of individually 

sheathed fibers, whether or not assembled with electric conductors or fitted with connectors:

Other electric conductors, for a voltage exceeding 1,000 V” at a general rate of 3.5% ad valorem.

II. Arguments Supporting the Tariff Exclusion 

A. Severe economic harm to Byson and to U.S. Manufacturing

Byson imports from its related manufacturing facilities in China. The economic harm caused to 

Byson from the 25% 301 tariffs means that Byson is disadvantaged vis-à-vis other foreign 

2 The maximum conductor temperature is 120°C, and with a threshold for short-circuit due to exposing the outside 

layer to >250°C not for more than 5 seconds.
Byson Electronics U.S., LLC

Request for a 301 Tariff Exclusion

October 8, 2018

Page 3

manufacturers. Due to global competition, Byson unlikely to be able to pass on these costs and

may be required to cede the U.S. market.

The exit of Byson will impact U.S. manufacturing since Byson is the only known source of 

“dual” rated PV cables. The U.S. solar industry requires cost-competitive sources of PV Cable in 

copious amounts and has already been injured by other types of non-market forces. 

B. Product Not Available from Alternative Sources (USA, or Third-Countries)

While various PC Cable is produced in other countries, Byson is financially tied to China 

manufacturing by corporate level investments in related manufacturing facilities. Additionally,

the “dual-rated’ PV cables are not available from any other known source other than Byson’s 

facilities in China.

C. Product Not Related to Made in China 2025

Byson PV Cables are a well-understood technology that is not related to the Made in China 2025 

program, nor to any other industrial program of China. 

We appreciate your consideration of this request. Should further questions arise, please feel free 

to contact the undersigned directly via telephone (415) 498-0070, or alternatively, via email at 

matt.nakachi@TradeLawCounsel.com.

Cordially yours,

JUNKER & NAKACHI, P.C.

Matt Nakachi, Esq.

Attorneys for Byson Electronics U.S., LLC

Enclosures
EXHIBIT A 

EXHIBIT B 
C E R T I F I C A T E O F C O M P L I A N C E

Certificate Number 20150318-E331483

Report Reference E331483-20150316

Issue Date 2015-MARCH-18

Bruce Mahrenholz, Assistant Chief Engineer, Global Inspection and Field Services

UL LLC

Any information and documentation involving UL Mark services are provided on behalf of UL LLC (UL) or any authorized licensee of UL. For questions, please 

contact a local UL Customer Service Representative at http://ul.com/aboutul/locations/

Page 1 of 1 

Issued to: KUNSHAN BYSON ELECTRONICS CO LTD

WEST LIJI RD

SHIPAI BACHENG TOWN

KUNSHAN

JIANGSU 215312 CHINA

This is to certify that

representative samples of

PHOTOVOLTAIC WIRE

Photovoltaic Wire, Type PV

Have been investigated by UL in accordance with the 

Standard(s) indicated on this Certificate.

Standard(s) for Safety: UL 4703 - Photovoltaic Wire

UL 2556 - Wire and Cable Test Methods

UL 1581 - Reference Standard for Electrical Wires, Cables 

and Flexible Cords

UL 854 - Service-Entrance Cables

UL 44 - Thermoset-Insulated Wires

Additional Information: See the UL Online Certifications Directory at

www.ul.com/database for additional information

Only those products bearing the UL Certification Mark should be considered as being covered by UL's 

Certification and Follow-Up Service. 

Look for the UL Certification Mark on the product. 
Certification Statement

The undersigned certifies that the information provided in this submission (USTR-2018-0025) is 

complete and correct to the best of my knowledge.

October 9, 2018

Matt Nakachi, Esq, 

JUNKER & NAKACHI, P.C. 

One Market Street; Suite 3600

San Francisco, CA 94105