Form 332-479-A Producer performance outerwear questionnaire

OMB No. 3117-0016/USITC No. xx-x-xxx; Expiration Date: xx/xx/07

(No response is required if currently valid OMB control number is not displayed)

QUESTIONNAIRE FOR U.S. PRODUCERS OF

PERFORMANCE OUTERWEAR JACKETS AND PANTS

Return completed questionnaire to:

UNITED STATES INTERNATIONAL TRADE COMMISSION

Office of Industries, Room 513

500 E Street, SW, Washington, DC 20436

Fax: 202-205-2150

So as to be received by the Commission by no later than APRIL 20, 2007

The information called for in this questionnaire is for use by the United States International Trade Commission in connection with its investigation No. 332-479, Certain Textile Articles: Performance Outerwear, under section 332(g) of the Tariff Act of 1930 (19 U.S.C. § 1332(g)). This report is mandatory and failure to reply as directed can result in a subpoena or other order to compel the submission of records or information in your possession (19 U.S.C. § 1333(a)).

The commercial and financial data furnished in response to this questionnaire that reveal the individual operations of your firm will be treated as confidential by the Commission to the extent that such data are not otherwise available to the public and will not be disclosed except as described in the certification paragraph below, and as may be required by law. See further discussion on Commission treatment of confidential business information below.

Name of firm

Address

City State Zip code

World Wide Web address

Has your firm produced PERFORMANCE OUTERWEAR JACKETS AND/OR PANTS (as defined in the instructions) in the United States or contracted the production of PERFORMANCE OUTERWEAR JACKETS AND/OR PANTS to firms located in the United States at any time since January 1, 2005?

– OR –

Has your firm produced PERFORMANCE OUTERWEAR JACKETS AND/OR PANTS in countries other than the United States using U.S. fabrics (in your own facilities or under contract) at any time since January 1, 2005?

YES (Read the instructions carefully, complete all parts of the questionnaire if you produce in the United States OR parts I and III if you produce in countries other than the United States using U.S. fabrics. Sign the certification, and return the entire questionnaire to the Commission by APRIL 20, 2007).

NO (Sign the certification below and return only this page of the questionnaire to the Commission by APRIL 20, 2007).

CERTIFICATION

I certify that the information herein supplied in response to this questionnaire is complete and correct to the best of my knowledge and belief and understand that the information submitted is subject to audit and verification by the Commission.

I acknowledge that information submitted in this questionnaire response and throughout this investigation may be used by the Commission, its employees, and contract personnel who are acting in the capacity of Commission employees, for developing or maintaining the records of this investigation or related proceedings for which this information is submitted, or in internal audits and investigations relating to the programs and operations of the Commission pursuant to 5 U.S.C. Appendix 3. I understand that all contract personnel will sign non-disclosure agreements.

I understand that the Commission will not publish confidential business information submitted in response to this questionnaire in the public version of its report in a manner that would reveal the individual operations of the firm supplying the information.

Name and Title of Authorized Official Date

( ) ( )

Signature of Authorized Official Phone Fax

GENERAL INFORMATION, INSTRUCTIONS, AND DEFINITIONS

BACKGROUND.–The information requested in this questionnaire is for use by the Commission in its investigation on Certain Textile Articles: Performance Outerwear, requested by the U.S. Congress, House of Representatives, Committee on Ways and Means, on October 25, 2006. As requested by the Committee, the Commission will provide, to the extent possible, data for 2005 and 2006 on the level of U.S. production and shipments of certain performance outerwear pants and jackets, and the fabrics used to make such goods.

NONDISCLOSURE OF CONFIDENTIAL BUSINESS INFORMATION.–The commercial and financial data furnished in response to this questionnaire that reveal the individual operations of your firm will be treated as confidential business information by the Commission to the extent that such data are not otherwise available to the public and will not be published in a manner that will reveal the individual operations of your firm and will not be disclosed except as may be required by law. Section 332(g) of the Tariff Act of 1930 provides that the Commission may not release information that qualifies as confidential business information (under Commission Rule 201.6 (19 CFR § 201.6)) unless the party submitting the confidential business information had notice, at the time of submission, that such information would be released by the Commission, or such party subsequently consents to the release of the information.

Information submitted in this questionnaire response and throughout this investigation may be used by the Commission, its employees, and contract personnel who are acting in the capacity of Commission employees, for developing or maintaining the records of this investigation or related proceedings for which this information is submitted, or in internal audits and investigations relating to the programs and operations of the Commission pursuant to 5 U.S.C. Appendix 3. All contract personnel will sign non-disclosure agreements.

The Committee on Ways and Means has indicated that it intends to make the Commission’s report available to the public in its entirety, and has asked that the Commission not include any confidential business information in the report it sends to the Committee. Any confidential business information received by the Commission in this investigation and used in preparing this report will not be published in a manner that would reveal the operations of the firm supplying the information.

FOR FURTHER INFORMATION.–Contact Heidi Colby-Oizumi (202-205-3391; [email protected]), Kimberlie Freund (202-708-5402; [email protected]), or Andrea Boron (202-205-3433; [email protected]) of the Commission’s Office of Industries. Written inquiries may be mailed to the address on the front page of this questionnaire. For additional copies of this form, you may contact Kimberlie Freund or Heidi Colby-Oizumi, use photocopies of this form, or download a copy from the Commission’s website at http://www.usitc.gov/ind_econ_ana/research_ana/Ongoing_Inv.htm. Hearing-impaired persons can obtain information on this matter by contacting the Commission’s TDD terminal on 202-205-1810.

GENERAL INSTRUCTIONS

1. Please prepare one questionnaire for all of your manufacturing establishments located in the United States, including those operated by your firm or wholly owned subsidiaries of your firm, that produce performance outerwear jackets and/or pants (as defined below).

2. Answer all questions. If the answer to any question is “zero,” so state; if it is not available, indicate “N/A.” If the information requested is not readily available from your records, please furnish carefully prepared estimates–designated as such by the letter “E.”

DEFINITIONS

1. Firm.–An individual proprietorship, partnership, joint venture, association, corporation (including all divisions, any subsidiary corporations, and parent corporations), business trust, cooperative, trustees in bankruptcy, or receivers under decree of any court, owning or controlling one or more establishments, as defined below.

2. Establishment.–Each facility of a firm in the United States involved in the production of performance outerwear jackets and/or pants, including auxiliary facilities operated in conjunction with (whether or not physically separate from) such facilities (e.g., shipping facilities and warehouses).

3. Performance outerwear jackets.–Woven and knit water resistant jackets (including, but not limited to, full zip jackets, paddling jackets, ski-jackets, and ski-jackets intended for sale as parts of ski-suits), windbreakers, and similar articles (including padded, sleeveless jackets), subject to the criteria listed below:

a.) Woven performance outerwear jackets–made of woven,¹ water resistant and/or visibly coated fabrics, with critically sealed seams and five (5) or more of the following options:

∙ Insulation for cold weather protection

∙ Pockets, at least one of which has a zippered, hook & loop, or other type of closure

∙ Multi-adjustable hood and/or collar and/or elastic, drawcord or other means of tightening around the waist and/or bottom hem

∙ Adjustable powder and/or inner protective skirt

∙ Venting

∙ Articulated elbows

∙ Weatherproof front closure

∙ Activated carbon bonded fabrics

∙ Utilizing laser cutting technology

b.) Knit performance outerwear jackets–made of knit,² water resistant and/or visibly coated fabrics, with six (6) or more of the following options:

∙ Insulation for cold weather protection

∙ Critically sealed seams

∙ Pockets, at least one of which has a zippered, hook & loop, or other type of closure

∙ Multi-adjustable hood and/or collar and/or elastic, drawcord or other means of tightening around the waist and/or bottom hem

∙ Adjustable powder and/or inner protective skirt

∙ Venting

∙ Articulated elbows

∙ Weatherproof front closure

∙ Activated carbon bonded fabrics

∙ Utilizing laser cutting technology

Performance outerwear jackets are classified under the following headings and subheadings of the Harmonized Tariff Schedule of the United States (HTS):³ 6101; 6102; 6112.20; 6113.00; 6201.91; 6201.92; 6201.93; 6201.99; 6202.91; 6202.92; 6202.93; 6202.99; 6210.40; 6210.50; and 6211.20.

4. Performance outerwear pants.–Woven and knit water resistant pants (including, but not limited to, ski/snowboard pants, and ski/snowboard pants intended for sale as parts of ski-suits), and bib overalls, subject to the criteria listed below:

a.) Woven performance outerwear pants–made of woven,⁴ water resistant and/or visibly coated fabrics, with critically sealed seams and five (5) or more of the following options:

• Insulation for cold weather protection

• Pockets, at least one of which has a zippered, hook & loop, or other type of closure

• Elastic, drawcord or other means of tightening around the waist and/or leg hems, including hidden leg sleeves with a means of tightening at the ankle

• Venting

• Articulated knees

• Reinforcement in the seat or knees (such as a double layer of fabric)

• Weatherproof waist closure

• Activated carbon bonded fabrics

• Utilizing functional laser cutting technology

b.) Knit performance outerwear pants–made of knit,⁵ water resistant and/or visibly coated fabrics, with six (6) or more of the following options:

• Insulation for cold weather protection

• Critically sealed seams

• Pockets, at least one of which has a zippered, hook & loop, or other type of closure

• Elastic, drawcord or other means of tightening around the waist and/or leg hems, including hidden leg sleeves with a means of tightening at the ankle

• Venting

• Articulated knees

• Reinforcement in the seat or knees (such as a double layer of fabric)

• Weatherproof waist closure

• Activated carbon bonded fabrics

• Utilizing functional laser cutting technology

Performance outerwear pants are classified under the following HTS subheadings: 6103.41; 6103.42; 6103.43; 6103.49; 6104.61; 6104.62; 6104.63; 6104.69; 6112.20; 6113.00; 6203.41; 6203.42; 6203.43; 6204.63; 6210.40; 6210.50; and 6211.20.

5. Water resistant.–A fabric, whether knit or woven, that passes the test for water resistance described in Additional U.S. Note 2 to HTS Chapter 62 (http://hotdocs.usitc.gov/docs/tata/hts/bychapter/070Pc62.pdf).

6. Visibly coated.–Fabrics of HTS headings 5602, 5603, 5903, 5906, or 5907, as well as knitted or crocheted pile fabrics impregnated coated, covered, or laminated with plastics.

7. Critically sealed seams.–A sealed seam is one that is sealed by means of taping, gluing, bonding, cementing, fusing, welding, or similar process so that water cannot pass through. For jackets, critically sealed seams are seams sealed at the shoulders and at any front or back yokes. For pants, critically sealed seams are seams sealed at the front (up to the zipper or other means of closure) and back rise. If the pants or bib have a leg gusset, the gusset must also be sealed.

8. Insulation for cold weather protection.–Insulated with either synthetic fill, down, a laminated thermal backing, and/or other lining for protection from external elements.

9. Multi-adjustable hood and/or collar.–Draw cord and/or adjustment tab(s) incorporated into the hood construction to allow volume adjustments (e.g., the hood may be expanded to accommodate a winter hat/helmet or reduced in volume to be more streamlined in winds).

10. Adjustable powder and/or inner protective skirt.–Partial lower inner lining with means of tightening around the waist for additional protection from the elements.

11. Venting.–Closeable or permanent constructed openings in a garment (excluding front, primary zipper closures) to allow increased expulsion of built up heat during outdoor activities. In a jacket, the openings are often positioned on the underarm seam of a garment but may also be placed along other seams in the front or back of a garment. In pants, the openings are often positioned on the inner or outer leg seams of a garment but could also be placed along other seams in the front or back of a garment.

12. Articulated elbows or knees.–Sleeve (or pant leg) is constructed to allow improved mobility at the elbow (or knee) through the use of extra seams, darts, gussets, or other means.

13. Weatherproof closure.–Zippers that have a construction eliminating water penetration via a coating to reduce or eliminate water absorption into the zipper tape, overlapping securable fabric flaps over the zipper, or flaps under the zipper that aid in keeping water from passing through.

14. Activated carbon bonded fabrics.–Fabrics bonded with activated carbon, which contains odor adsorbing properties capable of adsorbing human odors.

15. Laser cutting technology.–The functional (not decorative) use of a laser in the construction process to cut fabric to eliminate fraying and the need to fold and sew the cut edge of the fabric.

16. Production.–All production in your U.S. establishment(s), including production consumed internally within your firm, production for another firm, and production for export.

17. U.S. commercial shipments.–Shipments of products produced in your U.S. establishment(s) and your shipments of products produced by other firms on a contract basis. Commercial shipments exclude shipments to the U.S. military and Government, transfers to related firms, and internal consumption. Shipment quantities.--Quantities reported should be net of returns. Shipment values.--Values reported should be net sales values (i.e., gross sales values less all discounts, allowances, rebates, prepaid freight, and the value of returned goods), f.o.b. your U.S. producing establishment(s).

18. Exports.–Shipments to destinations outside the United States, regardless of the location of the customer, including shipments to related firms.

19. U.S.-produced fabrics.–Any U.S.-produced fabrics, whether or not coated or water resistant, used in the production of performance outerwear jackets and/or pants. May include lining fabrics.

PART I.–GENERAL QUESTIONS

Public reporting burden for this questionnaire, based on field testing, is estimated to average 6 hours per response, including the time for reviewing instructions, searching existing data sources, gathering the data needed, and completing and reviewing the questionnaire. Send comments regarding the accuracy of this burden estimate or any other aspect of this collection of information, including suggestions for reducing the burden, to: Louise Gillen, Office of Operations, U.S. International Trade Commission, 500 E Street, SW, Washington, DC 20436 ([email protected]).

I-1. Please report below the actual number of hours required and the estimated cost to your firm of preparing the reply to this questionnaire and completing the form.

hours dollars

I-2. Please provide a point of contact for inquiries following submission of this questionnaire.

Name and title:

Phone number: _______________ Fax: ______________ E-mail:

I-3. Provide the name and address of establishment(s) covered by this questionnaire (see instructions for reporting guidelines).

I-4. Is your firm owned, in whole or in part, by any other firm?

No Yes--List the following information.

Extent of

Firm name Address ownership (type)

I-5. Does your firm have any related domestic firms that are engaged in the production of performance outerwear?

No Yes--List the following information.

Firm name Address Affiliation

PART II.–PRODUCTION, SHIPMENTS, AND RELATED INFORMATION

II-1a. In the following table, please report your firm’s domestic production, production contracted to other U.S. firms, and shipments of domestically produced WOVEN PERFORMANCE OUTERWEAR JACKETS during the specified periods (see definitions in the instructions). If the information requested is not readily available from your records, provide carefully prepared estimates (designated by the letter “E”).

WOVEN PERFORMANCE OUTERWEAR JACKETS
(Quantity in dozens, value in actual dollars)
ITEM	CALENDAR YEARS
	2005	2006
TOTAL PRODUCTION OF WOVEN PERFORMANCE OUTERWEAR JACKETS IN YOUR U.S. ESTABLISHMENT(S) (quantity)
Contract production for other firms in your U.S. establishments included in total above (quantity)
Production in your U.S. establishments for the U.S. Military and U.S. Government included in total above (quantity)
TOTAL PRODUCTION OF WOVEN PERFORMANCE OUTERWEAR JACKETS CONTRACTED OUT TO OTHER U.S. FIRMS (quantity)
Production contracted to other U.S. firms for the U.S. Military and U.S. Government (quantity)
TOTAL SHIPMENTS OF DOMESTICALLY PRODUCED WOVEN PERFORMANCE OUTERWEAR JACKETS:
Total U.S. shipments:1
Quantity of total U.S. shipments
Value of total U.S. shipments
Total Commercial shipments:
Quantity of commercial shipments
Value of commercial shipments
Total Shipments to the U.S. Military or Government:
Quantity of shipments to the U.S. Military and U.S. Government
Value of shipments to the U.S. Military and U.S. Government
Total Export Shipments :
Quantity of export shipments
Value of export shipments
1 Includes commercial shipments and shipments to the U.S. Military and U.S. Government.

II-1b. In the following table, please report your firm’s domestic production, production contracted to other U.S. firms, and shipments of domestically produced KNIT PERFORMANCE OUTERWEAR JACKETS during the specified periods (see definitions in the instructions). If the information requested is not readily available from your records, provide carefully prepared estimates (designated by the letter “E”).

KNIT PERFORMANCE OUTERWEAR JACKETS
(Quantity in dozens, value in actual dollars)
ITEM	CALENDAR YEARS
	2005	2006
TOTAL PRODUCTION OF KNIT PERFORMANCE OUTERWEAR JACKETS IN YOUR U.S. ESTABLISHMENT(S) (quantity)
Contract production for other firms in your U.S. establishments included in total above (quantity)
Production in your U.S. establishments for the U.S. Military and U.S. Government included in total above (quantity)
TOTAL PRODUCTION OF KNIT PERFORMANCE OUTERWEAR JACKETS CONTRACTED OUT TO OTHER U.S. FIRMS (quantity)
Production contracted to other U.S. firms for the U.S. Military and U.S. Government (quantity)
TOTAL SHIPMENTS OF DOMESTICALLY PRODUCED KNIT PERFORMANCE OUTERWEAR JACKETS:
Total U.S. shipments:1
Quantity of total U.S. shipments
Value of total U.S. shipments
Total Commercial shipments:
Quantity of commercial shipments
Value of commercial shipments
Total Shipments to the U.S. Military or Government:
Quantity of shipments to the U.S. Military and U.S. Government
Value of shipments to the U.S. Military and U.S. Government
Total Export Shipments :
Quantity of export shipments
Value of export shipments
1 Includes commercial shipments and shipments to the U.S. Military and U.S. Government.

PART II.–PRODUCTION, SHIPMENTS, AND RELATED INFORMATION--Continued

II-1c. In the following tables, please report your firm’s domestic production, production contracted to other U.S. firms, and shipments of domestically produced WOVEN PERFORMANCE OUTERWEAR PANTS during the specified periods (see definitions in the instructions). If the information requested is not readily available from your records, provide carefully prepared estimates (designated by the letter “E”).

WOVEN PERFORMANCE OUTERWEAR PANTS
(Quantity in dozens, value in actual dollars)
ITEM	CALENDAR YEARS
	2005	2006
TOTAL PRODUCTION OF WOVEN PERFORMANCE OUTERWEAR PANTS IN YOUR U.S. ESTABLISHMENT(S) (quantity)
Contract production for other firms in your U.S. establishments included in total above (quantity)
Production in your U.S. establishments for the U.S. Military and U.S. Government included in total above (quantity)
TOTAL PRODUCTION OF WOVEN PERFORMANCE OUTERWEAR PANTS CONTRACTED OUT TO OTHER U.S. FIRMS (quantity)
Production contracted to other U.S. firms for the U.S. Military and U.S. Government (quantity)
TOTAL U.S. SHIPMENTS OF DOMESTICALLY PRODUCED WOVEN PERFORMANCE OUTERWEAR PANTS:
Total U.S. shipments:1
Quantity of total U.S. shipments
Value of total U.S. shipments
Total Commercial shipments:
Quantity of commercial shipments
Value of commercial shipments
Shipments to U.S. Military or Government:
Quantity of shipments to the U.S. Military and U.S. Government
Value of shipments to the U.S. Military and U.S. Government
Total Export Shipments:
Quantity of export shipments
Value of export shipments
1 Includes commercial shipments and shipments to the U.S. Military and U.S. Government.

II-1d. In the following tables, please report your firm’s domestic production, production contracted to other U.S. firms, and shipments of domestically produced KNIT PERFORMANCE OUTERWEAR PANTS during the specified periods (see definitions in the instructions). If the information requested is not readily available from your records, provide carefully prepared estimates (designated by the letter “E”).

KNIT PERFORMANCE OUTERWEAR PANTS
(Quantity in dozens, value in actual dollars)
ITEM	CALENDAR YEARS
	2005	2006
TOTAL PRODUCTION OF KNIT PERFORMANCE OUTERWEAR PANTS IN YOUR U.S. ESTABLISHMENT(S) (quantity)
Contract production for other firms in your U.S. establishments included in total above (quantity)
Production in your U.S. establishments for the U.S. Military and U.S. Government included in total above (quantity)
TOTAL PRODUCTION OF KNIT PERFORMANCE OUTERWEAR PANTS CONTRACTED OUT TO OTHER U.S. FIRMS (quantity)
Production contracted to other U.S. firms for the U.S. Military and U.S. Government (quantity)
TOTAL U.S. SHIPMENTS OF DOMESTICALLY PRODUCED KNIT PERFORMANCE OUTERWEAR PANTS:
Total U.S. shipments:1
Quantity of total U.S. shipments
Value of total U.S. shipments
Total Commercial shipments:
Quantity of commercial shipments
Value of commercial shipments
Shipments to U.S. Military or Government:
Quantity of shipments to the U.S. Military and U.S. Government
Value of shipments to the U.S. Military and U.S. Government
Total Export Shipments:
Quantity of export shipments
Value of export shipments
1 Includes commercial shipments and shipments to the U.S. Military and U.S. Government.

PART II.–PRODUCTION, SHIPMENTS, AND RELATED INFORMATION--Continued

II-2. Please estimate the share of your firm’s total domestic production of all goods that is accounted for by production of performance outerwear jackets and pants.

In 2005 ________% In 2006 ________%

II-3. a.) If your firm contracted production of performance outerwear jackets and/or pants to other U.S. firms since January 1, 2005, please list the name and contacts for the firms to which you contracted production:

FIRM NAME AND ADDRESS	CONTACT	PHONE NUMBER	PRODUCT

b.) If your firm produced performance outerwear jackets and/or pants under contract for other U.S. firms since January 1, 2005, please list the name and contacts for the firms that employed your firm:

FIRM NAME AND ADDRESS	CONTACT	PHONE NUMBER	PRODUCT

PART III.–U.S. FABRIC USED IN THE PRODUCTION OF PERFORMANCE OUTERWEAR

III-1. If your firm produced performance outerwear jackets and/or pants using U.S.-produced fabrics (see definition in the instructions) either in the United States or in countries other than the United States during 2005 and 2006, please list the name and contact information for the firms that supplied such fabrics, as well as a description of the types of fabric:

FIRM NAME AND ADDRESS	CONTACT AND PHONE NUMBER	FABRIC DESCRIPTION (Include construction, such as knit or woven, fiber type, and any coating applied to the fabric. If the fabric is bonded or laminated, describe the component layers.)

III-2. Do you know of U.S. firms other than those listed above that may be producing fabrics for use in the production of performance outerwear jackets and/or pants? If so, please provide the name of such firms and contact information, if available:

1The face fabric on the outer part of the garment must be woven. If the fabric is a composite fabric, the part of the fabric intended for the inner part of the garment may be knit or woven.

2The face fabric on the outer part of the garment must be knit. If the fabric is a composite fabric, the part of the fabric intended for the inner part of the garment may be knit or woven.

3The Harmonized Tariff Schedule of the United States may be viewed on the Commission’s website at http://www.usitc.gov/tata/hts/bychapter/index_old-01032007.htm.

4The face fabric on the outer part of the garment must be woven. If the fabric is a composite fabric, the part of the fabric intended for the inner part of the garment may be knit or woven.

5The face fabric on the outer part of the garment must be knit. If the fabric is a composite fabric, the part of the fabric intended for the inner part of the garment may be knit or woven.