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pdfINSTRUCTION BOOKLET
GENERAL INFORMATION, INSTRUCTIONS, AND
DEFINITIONS FOR COMMISSION QUESTIONNAIRES
Certain Passenger Vehicle and Light Truck Tires from China
Investigation No. TA-421-7
Further information.--If you have any questions concerning the enclosed
questionnaire(s) or other matters related to this investigation, you may contact
the following members of the Commission=s staff (Fax 202-205-3205):
Nathanael Comly, investigator (202-205-3174; E-mail [email protected])
regarding general questions and trade and related information;
Amy Sherman, investigator (202-205-3289; E-mail [email protected])
regarding general questions and trade and related information;
David Boyland, auditor (202-708-4725; E-mail [email protected])
regarding financial information; and
James Fetzer, economist (202-708-5403; E-mail [email protected])
regarding pricing, market, and related information.
GENERAL INFORMATION
Background.--This investigation was instituted in response to a petition filed on April 20, 2009 by
the United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and
Service Workers International Union, Pittsburgh, PA. Import relief may be imposed by the
President on the subject imports as a result of this investigation if the Commission determines that
imports of the subject certain passenger vehicle and light truck tires (subject tires) from China are
being imported in such increased quantities or under such conditions as to cause or threaten to
cause market disruption to the domestic producers or the like or directly competitive products.
The President may impose relief in the form of increased duties and/or other restrictions on subject
tires from China that are the subject of an affirmative determination.
Questionnaires and other information pertinent to this investigation are available at
http://www.usitc.gov/trade_remedy/731_ad_701_cvd/investigations/2009/421_consumer_tires/safeguard.htm
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 May 7, 2009. Use of an overnight mail service
may be necessary to ensure that your response actually reaches the Commission by May 7, 2009.
Please make sure the completed questionnaire is sent to the attention of Nathanael Comly.
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 ' 206.47 and 206.17).
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 ' 206.47 and 206.17).
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. ' 1332f). 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.
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GENERAL INFORMATION--Continued
Confidentiality.--Continued
The information provided by your firm in response to the questionnaire(s), as well as any other
confidential business 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 sections 206.47 and 206.17 of the Commission’s Rules of Practice and Procedure (19
CFR §§ 206.47 and 206.17). This means that certain lawyers and other authorized individuals may
temporarily be given access to the information for use solely in connection with this investigation;
those individuals would be subject to severe penalties if the information were divulged to
unauthorized individuals. In addition, the confidential business information that you submit may
be provided to the President and U.S. Trade Representative in a confidential version of the report
that the Commission transmits to the President and the U.S. Trade Representative, should the
Commission transmit a confidential version. Confidential business information that you submit
may also be used in any other market disruption investigations conducted by the Commission on
the same or similar merchandise. Any such confidential business information will be deleted from
the version of the report that the Commission releases to the public.
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.
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).
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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, and/or purchaser
questionnaire), you need not respond to duplicated questions in the questionnaires.
Consolidate all U.S. establishments.--Report the requested data for your establishment(s) located
in the United States. 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.
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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
http://www.usitc.gov/trade_remedy/731_ad_701_cvd/investigations/2009/421
_consumer_tires/safeguard.htm. 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:
• 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. TA-421-7. 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.
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DEFINITIONS
Certain passenger vehicle and light truck tires (subject tires).—New pneumatic tires, of rubber, of a
kind used on motor cars, including station wagons, sport utility vehicles, minivans, vans or
on-the-highway light trucks, the foregoing whether tube or tubeless, and including radial and other
tires. Such tires have, at the time of importation, the symbol “DOT” on the sidewall, certifying
that the tire conforms to applicable motor vehicle safety standards.1 Subject tires are covered by
subheadings 4011.10.10, 4011.10.50, 4011.20.10, and 4011.20.50 of the Harmonized Tariff
Schedule of the United States (HTS).
Specifically excluded from the scope of this investigation and from the definition of subject tires
are the following types of tires:
New pneumatic tires, of rubber, of a kind used on commercial medium, large, and
heavy trucks, and busses;
New pneumatic tires, of rubber, of a kind used on racing cars;
New pneumatic tires, of rubber, of a kind used on agricultural or forestry vehicles and
machines and construction or industrial handling vehicles or machines;
New pneumatic tires, of rubber, of a kind used on aircraft, bicycles, motorcycles,
trailers, all-terrain vehicles, and vehicles for turf, lawn, and garden, and golf
applications;
Pneumatic tires, of rubber, that are not new, including recycled and retreaded tires;
Non-pneumatic tires, such as solid rubber tires.
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 the United States involved in the production,
importation, and/or purchase of subject tires (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.
DEFINITIONS--Continued
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Such tires may also have the following designations that are used by the Tire and Rim Association:
Prefix letter designations:
P—Identifies a tire intended primarily for service on passenger cars;
LT—Identifies a tire intended primarily for service on light trucks;
Suffix letter designations:
LT—Identifies light truck tires for service on trucks, buses, trailers, and multipurpose passenger vehicles
used in nominal highway service.
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Importer.--Any person or firm engaged, either directly or through a parent company or subsidiary,
in importing subject tires (as defined above) into the United States from a foreign manufacturer or
through its selling agent.
Imports.--Those products identified for Customs purposes as imports for consumption for which
your firm was the importer of record (i.e., was responsible for paying any import duty) or
consignee (i.e., to which the merchandise was first delivered).
Import quantities.--Quantities reported should be net of returns.
Import values.--Values reported should be landed, duty-paid values at the U.S. port of
entry, including ocean freight and insurance costs, brokerage charges, and import duties (i.e., all
charges except inland freight in the United States).
Purchaser.--Any person or firm engaged, either directly or through a parent company or
subsidiary, in purchasing subject tires (as defined above) from another firm that produces, imports,
or otherwise distributes subject tires. A retail firm that is the importer of record may be considered
a purchaser.
Purchases.--Purchases from all sources, NOT including direct imports from foreign producers
(which should be reported in an importer questionnaire).
Purchase quantities.--Quantities reported should be net of returns.
Purchase values.--Values reported should be net values (i.e., gross purchase values less all
discounts, allowances, rebates, and the value of returned goods), delivered to your U.S.
receiving point.
Shipments.--Shipments of products produced in or imported by your U.S. establishment(s).
Include shipments to the contracting firm of product produced by your firm under a toll agreement.
Shipment quantities.--Quantities reported should be net of returns.
Shipment values.--Values reported should be net 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. point of shipment. The value of domestic shipments to the contracting firm
under a toll agreement is the conversion fee (including profit).
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DEFINITIONS--Continued
Types of shipments:
U.S. shipments.--Commercial shipments, internal consumption, and transfers to related
firms within the United States.
Commercial shipments.--Shipments, other than internal consumption and transfers
to related firms, within the United States.
Internal consumption.--Product consumed internally by your firm.
Transfers to related firms.--Shipments made to related domestic firms.
Export shipments.--Shipments to destinations outside the United States, including
shipments to related firms.
Inventories.--Finished goods inventory, not raw materials or work-in-progress.
The following definitions apply only to the PRODUCER QUESTIONNAIRE.
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).
Toll agreement.--Agreement between two firms whereby the first firm furnishes the raw materials
and the second firm uses the raw materials to produce a product that it then returns to the first firm
with a charge for processing costs, overhead, etc.
Production.--All production in your U.S. establishment(s), including production consumed
internally within your firm and production for another firm under a toll agreement.
PRWs.--Production and related workers, including working supervisors and all nonsupervisory
workers (including group leaders and trainees) engaged in fabricating, processing, assembling,
inspecting, receiving, storage, handling, packing, warehousing, shipping, trucking, hauling,
maintenance, repair, janitorial and guard services, product development, auxiliary production for
plant=s own use (e.g., power plant), recordkeeping, and other services closely associated with the
above production operations.
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DEFINITIONS--Continued
Average number employed.--Add the number of employees, both full-time and part-time, for the
12 pay periods ending closest to the 15th of the month and divide that total by 12.
Hours worked.--Include time paid for sick leave, holidays, and vacation time. Include overtime
hours actually worked; do not convert overtime pay to its equivalent in straight-time hours.
Wages paid.--Total wages paid before deductions of any kind (e.g., withholding taxes, old-age and
unemployment insurance, group insurance, union dues, bonds, etc.). Include wages paid directly
by your firm for overtime, holidays, vacations, and sick leave.
Fiscal year.--The 12-month period between settlement of your firm=s financial accounts.
Purchases other than direct imports.--Purchases from U.S. producers, U.S. importers, and other
U.S. sources.
Variable costs.--Costs that normally will change in a traceable and measurable way relative to
changes in production volume.
Fixed costs.--Costs that normally will remain constant in the short term regardless of changes in
production volumes.
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File Type | application/pdf |
File Title | Microsoft Word - Tires - U.S. Instructions.doc |
Author | nathanael.comly |
File Modified | 2009-04-23 |
File Created | 2009-04-23 |