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pdfINSTRUCTION BOOKLET
GENERAL INFORMATION, INSTRUCTIONS, AND
DEFINITIONS FOR COMMISSION FOREIGN
PRODUCER/EXPORTER 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])
Amy Sherman, investigator (202-205-3289; E-mail [email protected])
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, purchaser, and/or
foreign producer questionnaire), you need not respond to duplicated questions in the
questionnaires.
Consolidate all establishments in China.--Report the requested data for your establishment(s)
located in China. 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 China involved in the production 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.
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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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DEFINITIONS--Continued
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.
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 China, including production consumed
internally within your firm.
Shipments.--Shipments of products produced in your establishment(s) in China. Quantities
reported should be net of returns.
Home market commercial shipments.--Shipments, other than internal consumption and
transfers to related firms, within China.
Home market internal consumption/transfers to related firms.--Shipments made to
related firms in China, including product consumed internally by your firm.
Export shipments.--Shipments to destinations outside China, including shipments to
related firms.
Inventories.--Finished goods inventory, not raw materials or work-in-progress.
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File Type | application/pdf |
File Title | Microsoft Word - Tires - Foreign Instructions.doc |
Author | nathanael.comly |
File Modified | 2009-04-23 |
File Created | 2009-04-23 |