Original Investigations Foreign Producer

Information collections for import injury investigations (producers, importers, purchasers, and foreign producer questionnaires and institution notices for 5-year reviews)

Foreign instructions INV

Original Investigations Foreign Producer

OMB: 3117-0016

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INSTRUCTION BOOKLET




GENERAL INFORMATION, INSTRUCTIONS, AND

DEFINITIONS FOR COMMISSION FOREIGN

PRODUCER/EXPORTER QUESTIONNAIRES




PRODUCT from COUNTRY

Investigation No. 701/731-TA-XXX (Preliminary/Final)





Further information.‑‑If you have any questions concerning the enclosed

questionnaire(s) or other matters related to this investigation, you may contact

the following member of the Commission=s staff (Fax 202-205-3205):


NAME, investigator (202‑205‑XXXX; E-mail NAME@USITC.GOV)


GENERAL INFORMATION


Background.‑‑This investigation was instituted in response to a petition filed on DATE by COMPANY, CITY, STATE. Countervailing/antidumping duties may be assessed on the subject imports as a result of this investigation if the Commission makes an affirmative determination of injury, threat, or material retardation, and if the U.S. Department of Commerce makes an affirmative determination of subsidization/dumping.


Questionnaires and other information pertinent to this investigation are available at COPY AND PASTE LINK TO INVESTIGATION FROM ACTIVE INVESTIGATIONS PAGE. Address all correspondence to the United States International Trade Commission, Washington, DC 20436. Hearing‑impaired individuals can obtain information regarding this investigation via the Commission=s TDD terminal (202‑205‑1810).


Due date of questionnaire(s).‑‑Return the completed questionnaire(s) to the United States International Trade Commission by no later than DATE. Although the enclosed postpaid envelope may be used to return the completed questionnaire, use of an overnight mail service may be necessary to ensure that your response actually reaches the Commission by DATE. If you do not use the enclosed envelope, please make sure the completed questionnaire is sent to the attention of INVESTIGATOR. Return only one copy of the completed questionnaire(s), but please keep a copy for your records so that you can refer to it if the Commission staff contacts you with any questions during the course of the investigation.


Service of questionnaire response(s).--In the event that your firm is a party to this investigation, you are required to serve a copy of the questionnaire(s), once completed, on parties to the proceeding that are subject to administrative protective order (see 19 CFR ' 207.7). A list of such parties is maintained by the Commission=s Secretary and may be obtained by calling 202-205-1803. A certificate of service must accompany the copy of the completed questionnaire(s) you submit (see 19 CFR ' 207.7).


Confidentiality.--The commercial and financial data furnished in response to the enclosed questionnaire(s) 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 may be required by law (see 19 U.S.C. ' 1677f). Such confidential information will not be published in a manner that will reveal the individual operations of your firm; however, nonnumerical characterizations of numerical business proprietary information (such as discussion of trends) will be treated as confidential business information only at the request of the submitter for good cause shown.


GENERAL INFORMATION‑‑Continued


Verification.‑‑The information submitted in the enclosed questionnaire(s) is subject to audit and verification by the Commission. To facilitate possible verification of data, please keep all your workpapers and supporting documents used in the preparation of the questionnaire response(s).


Release of information.--The information provided by your firm in response to the questionnaire(s), as well as any other business proprietary information submitted by your firm to the Commission in connection with the investigation, may become subject to, and released under, the administrative protective order provisions of the Tariff Act of 1930 (19 U.S.C. ' 1677f) and section 207.7 of the Commission=s Rules of Practice and Procedure (19 CFR ' 207.7). This means that certain lawyers and other authorized individuals may temporarily be given access to the information for use in connection with this investigation or other import-injury investigations conducted by the Commission on the same or similar merchandise; those individuals would be subject to severe penalties if the information were divulged to unauthorized individuals.



INSTRUCTIONS


Answer all questions.‑‑Do not leave any question or section blank unless a questionnaire expressly directs you to skip over certain questions or sections. If the answer to any question is Anone,@ write Anone.@ If information is not readily available from your records in exactly the form requested, furnish carefully prepared estimates‑‑designated as such by the letter AE@‑‑and explain the basis of your estimates. Answers to questions and any necessary comments or explanations should be supplied in the space provided or on separate sheets attached to the appropriate page of the questionnaire(s). If your firm is completing more than one questionnaire in connection with this investigation (i.e., a producer, importer, purchaser, and/or foreign producer questionnaire), you need not respond to duplicated questions in the questionnaires.


Consolidate all establishments in COUNTRY.‑‑Report the requested data for your establishment(s) located in COUNTRY. Firms operating more than one establishment should combine the data for all establishments into a single report.


Filing instructions.—Questionnaires may be filed either in paper form or electronically.


INSTRUCTIONS--Continued


OPTIONS FOR FILING IN PAPER FORM


Overnight mail service.—Mail to the following address:


United States International Trade Commission

Office of Investigations, Room 615

500 E Street, SW

Washington, DC 20024


Fax.—Fax to 202.205.3205.


U.S. mail.—Mail to the address above, but use zip code 20436. This option is not recommended. U.S. mail sent to government offices undergoes additional processing to screen for hazardous materials; this additional processing results in substantial delays in delivery.


OPTIONS FOR FILING ELECTRONICALLY


This questionnaire is available as a “fillable” form in MS Word format on the Commission’s website at COPY AND PASTE LINK TO INVESTIGATION FROM ACTIVE INVESTIGATIONS PAGE. Please do not attempt to modify the format or permissions of the questionnaire document. You may complete the questionnaire electronically, print it out, and submit it in paper form as described above, or you may submit it electronically through one of the following means:


By means of the Commission’s Electronic Document Information System (EDIS).—Follow the step-by-step instructions on the next page.


Compact disc (CD).—Copy your questionnaire onto a CD, include a signed certification page (page 1) (either in paper form or scanned PDF copied onto CD), and mail to the address above. It is strongly recommended that you use an overnight mail service. U.S. mail sent to government offices undergoes additional processing which not only results in substantial delays in delivery but may also damage CDs.


E-mail.—E-mail your questionnaire to the investigator identified on page 1 of the Instruction Booklet; include a scanned PDF of the signed certification page (page 1). Type the following in the e-mail subject line: BPI Questionnaire, INV. NO. XXX. Please note that submitting your questionnaire by e-mail may subject your firm’s business proprietary information to transmission over an unsecure environment and to possible disclosure. If you choose this option, the Commission warns you that any risk involving possible disclosure of such information is assumed by the submitter and not by the Commission.


Note: If you are a party to the investigation, and service of the questionnaire is required, such service should be made in paper form.

INSTRUCTIONS--Continued


INSTRUCTIONS FOR FILING VIA EDIS


STEP 1: REGISTER AS A NEW USER IN EDIS (current registered users may skip this step)

  • The authorized official whose name appears under the Certification at the bottom of page 1 of the questionnaire should be the person who completes the registration in EDIS

  • Go to https://eofpub.usitc.gov/edis-efile/app

  • Click on Register

  • Read and accept the Terms of Use Agreement

  • Complete the EDIS Online User Registration form

    • In the Firm/Organization field, select Questionnaire Respondent

  • Click Submit Registration


STEP 2: ELECTRONICALLY SUBMIT YOUR QUESTIONNAIRE(S) IN EDIS

  • Click on E-File Documents

  • Under Submitter Information, type the name of your firm in the Filed On Behalf Of field

  • Under Investigation Information, click on Find Investigation

    • For Investigation Phase, select Prelim/Finaland for Investigation Number, type xxx-xxxx; Click on Find Investigation

    • Click in the circle to the left of the investigation number that appears, then click on Select and confirm by clicking OK

  • Under Document Filing Information

    • For Document Type, select Questionnaire – Foreign Producer, Questionnaire – Importer, Questionnaire – Purchaser, or Questionnaire – U.S. Producer, as appropriate

    • Leave Document Title field blank

  • Under Add Document Attachments for Electronic Submission

    • In the Attach File field, click on Browse, locate your MS Word questionnaire file, and double-click the file

    • The Attachment Title field is optional

    • Click on Attach Files (note that your file will be listed below under Attachments)

    • You must attach a scanned PDF of the signed certification page (page 1). If you wish to attach any other files, i.e., supporting documents, do so at this time (unlike the questionnaire itself, these additional documents must be PDFs). Only one questionnaire may be filed at a time.

    • When you have attached all relevant files, click on Submit Document w/attachments. An EDIS Document Submission Confirmation screen will appear. Confirm the information and click on Accept Information. An EDIS Notice of Receipt of Electronic Documents will appear, which completes the process. If you wish to electronically file another questionnaire, repeat Step 2.


DEFINITIONS


Product.‑‑DEFINE, as covered by statistical reporting number xxxx.xx.xx of the Harmonized Tariff Schedule of the United States (HTS).

Firm.‑‑An individual proprietorship, partnership, joint venture, association, corporation (including any subsidiary corporation), business trust, cooperative, trustee in bankruptcy, or receiver under decree of any court.


Related firm.‑‑A firm that your firm solely or jointly owned, managed, or otherwise controlled; a firm that solely or jointly owned, managed, or otherwise controlled your firm; and/or a firm that was solely or jointly owned, managed, or otherwise controlled by a firm that also solely or jointly owned, managed, or otherwise controlled your firm.


Establishment.‑‑Each facility of a firm in COUNTRY involved in the production of PRODUCT (as defined above), including auxiliary facilities operated in conjunction with (whether or not physically separate from) such facilities.


United States.‑‑For purposes of this investigation, the 50 States, Puerto Rico, the U.S. Virgin Islands, and the District of Columbia.


Importer.‑‑Any person or firm engaged, either directly or through a parent company or subsidiary, in importing PRODUCT (as defined above) into the United States from a foreign manufacturer or through its selling agent.


Average production capacity.‑‑The level of production that your establishment(s) could reasonably have expected to attain during the specified periods. Assume normal operating conditions (i.e., using equipment and machinery in place and ready to operate; normal operating levels (hours per week/weeks per year) and time for downtime, maintenance, repair, and cleanup; and a typical or representative product mix).


Production.‑‑All production in your establishment(s) in COUNTRY, including production consumed internally within your firm.


DEFINITIONS‑‑Continued


Shipments.--Shipments of products produced in your establishment(s) in COUNTRY. Quantities reported should be net of returns.


Home market commercial shipments.--Shipments, other than internal consumption and transfers to related firms, within COUNTRY.


Home market internal consumption/transfers to related firms.‑‑Shipments made to related firms in COUNTRY, including product consumed internally by your firm.


Export shipments.‑‑Shipments to destinations outside COUNTRY, including shipments to related firms.


Inventories.‑‑Finished goods inventory, not raw materials or work‑in‑progress.



File Typeapplication/msword
File TitleForeign instructions
AuthorUSITC
Last Modified ByFrederick W. Ruggles
File Modified2008-03-17
File Created2008-02-25

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