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pdfINSTRUCTION BOOKLET
GENERAL INFORMATION, INSTRUCTIONS, AND
DEFINITIONS FOR COMMISSION QUESTIONNAIRES
Narrow Woven Ribbons with Woven Selvedge from China and Taiwan
Investigation Nos. 701-TA-467 and 731-TA-1164-1165 (Final)
Further information.--If you have any questions concerning the enclosed
questionnaire(s) or other matters related to this proceeding, you may contact
the following members of the Commission=s staff (Fax 202-205-3205):
Russell Duncan, Investigator (202-708-4727; E-mail [email protected])
regarding general questions and trade and related information;
Mary Klir, Auditor (202-205-3247; E-mail [email protected])
regarding financial information; and
Nancy Bryan, Economist (202-205-2088; E-mail [email protected])
regarding pricing, market, and related information.
GENERAL INFORMATION
Background.--This proceeding was instituted in response to a petition filed on July 9, 2009, by
Berwick Offray LLC and its wholly-owned subsidiary Lion Ribbon Company, Inc., Berwick, PA.
Countervailing and/or antidumping duties may be assessed on the subject imports as a result of
this proceeding 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 and/or dumping.
Questionnaires and other information pertinent to this proceeding are available at
http://www.usitc.gov/trade_remedy/731_ad_701_cvd/investigations/2009/ribbons/finalphase.htm.
Address all correspondence to the United States International Trade Commission, Washington,
DC 20436. Hearing-impaired individuals can obtain information regarding this proceeding 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 5, 2010. 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 May 5, 2010. If you
do not use the enclosed envelope, please make sure the completed questionnaire is sent to the
attention of Russell Duncan. 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 investigations.
Service of questionnaire response(s).--In the event that your firm is a party to this proceeding,
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.
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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GENERAL INFORMATION--Continued
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 investigations, 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 proceeding 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. In
addition, if your firm is a U.S. producer, the information you provide on your production and
imports narrow woven ribbons with woven selvedge and your responses to the questions in Part I
of the producer questionnaire will be provided to the U.S. Department of Commerce, upon its
request, for use in connection with (and only in connection with) its requirement pursuant to
section 702(c)(4) and 732(c)(4) of the Act (19 U.S.C. ' 1671a(c)(4) and 1673a(c)(4)) to make a
determination concerning the extent of industry support for the petition requesting this proceeding.
Any information provided to Commerce will be transmitted under the confidentiality and release
guidelines set forth above. Your response to these questions constitutes your consent that such
information be provided to Commerce under the conditions described above.
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
“none,” write “none” if a question appears not to be applicable to the circumstances of your firm,
please indicate “not applicable.” If information is not readily available from your records in
exactly the form requested, furnish carefully prepared estimates--and indicate in the
footnotes of the table(s) or other appropriate locations in which line items you have provided
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).
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
Additional copies of the questionnaire in a “fillable” MS Word format are available
on the Commission’s website at
http://www.usitc.gov/trade_remedy/731_ad_701_cvd/investigations/2009/ribbons
/finalphase.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 [email protected]; include a scanned PDF of the
signed certification page (page 1). Type the following in the e-mail subject line: BPI
Questionnaire, Narrow Woven Ribbons, 701-TA-467 and 731-TA-1164-1165. 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 investigations, and service of the questionnaire is required,
such service should be made in paper form.
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DEFINITIONS
Narrow woven ribbons with woven selvedge (“Narrow woven ribbons”).—For the purposes of
these investigations, narrow woven ribbons are defined coextensive with the definition proposed
by the Department of Commerce as follows:
The merchandise subject to the investigation{s} is narrow woven ribbons with
woven selvedge, in any length, but with a width (measured at the narrowest span of
the ribbon) less than or equal to 12 centimeters, composed of, in whole or in part,
man–made fibers (whether artificial or synthetic, including but not limited to nylon,
polyester, rayon, polypropylene, and polyethylene teraphthalate), metal threads
and/or metalized yarns, or any combination thereof.
Narrow woven ribbons subject to the investigation{s} may:
also include natural or other non–man-made fibers;
be of any color, style, pattern, or weave construction, including but not
limited to single–faced satin, double–faced satin, grosgrain, sheer, taffeta,
twill, jacquard, or a combination of two or more colors, styles, patterns,
and/or weave constructions;
have been subjected to, or composed of materials that have been subjected
to, various treatments, including but not limited to dyeing, printing, foil
stamping, embossing, flocking, coating, and/or sizing; have
embellishments, including but
not limited to appliqué, fringes, embroidery, buttons, glitter, sequins,
laminates, and/or adhesive backing;
have wire and/or monofilament in, on, or along the longitudinal edges of the
ribbon;
have ends of any shape or dimension, including but not limited to straight
ends that are perpendicular to the longitudinal edges of the ribbon, tapered
ends, flared ends or shaped ends, and the ends of such woven ribbons may
or may not be hemmed;
have longitudinal edges that are straight or of any shape, and the
longitudinal edges of such woven ribbon may or may not be parallel to each
other;
consist of such ribbons affixed to like ribbon and/or cut–edge woven
ribbon, a configuration also known as an ‘‘ornamental trimming;’’
be wound on spools; attached to a card; hanked (i.e., coiled or bundled);
packaged in boxes, trays or bags; or configured as skeins, balls, bateaus or
folds; and/or
be included within a kit or set such as when packaged with other products,
including but not limited to gift bags, gift boxes and/or other types of
ribbon.
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DEFINITIONS--Continued
Narrow woven ribbons with woven selvedge (“Narrow woven ribbons”) –continued
Narrow woven ribbons subject to the investigation{s} include all narrow woven
fabrics, tapes, and labels that fall within this written description of the scope of this
investigation.
Excluded from the scope of the investigation{s} are the following:
(1)
formed bows composed of narrow woven ribbons with woven selvedge;
(2)
‘‘pull–bows’’ (i.e., an assemblage of ribbons connected to one another,
folded flat and equipped with a means to form such ribbons into the shape
of a bow by pulling on a length of material affixed to such assemblage)
composed of narrow woven ribbons;
(3)
narrow woven ribbons comprised at least 20 percent by weight of
elastomeric yarn (i.e., filament yarn, including monofilament, of synthetic
textile material, other than textured yarn, which does not break on being
extended to three times its original length and which returns, after being
extended to twice its original length, within a period of five minutes, to a
length not greater than one and a half times its original length as defined in
the Harmonized Tariff Schedule of the United States (HTSUS), Section XI,
Note 13) or rubber thread;
(4)
narrow woven ribbons of a kind used for the manufacture of typewriter or
printer ribbons;
(5)
narrow woven labels and apparel tapes, cut–to-length or cut–to-shape,
having a length (when measured across the longest edge–to-edge span) not
exceeding 8 centimeters;
(6)
narrow woven ribbons with woven selvedge attached to and forming the
handle of a gift bag;
(7)
cut–edge narrow woven ribbons formed by cutting broad woven fabric into
strips of ribbon, with or without treatments to prevent the longitudinal
edges of the ribbon from fraying (such as by merrowing, lamination,
sono–bonding, fusing, gumming or waxing), and with or without wire
running lengthwise along the longitudinal edges of the ribbon;
(8)
narrow woven ribbons comprised at least 85 percent by weight of threads
having a denier of 225 or higher;
(9)
narrow woven ribbons constructed from pile fabrics (i.e., fabrics with a
surface effect formed by tufts or loops of yarn that stand up from the body
of the fabric);
(10)
narrow woven ribbon affixed (including by tying) as a decorative detail to
non–subject merchandise, such as a gift bag, gift box, gift tin, greeting card
or plush toy, or affixed (including by tying) as a decorative detail to
packaging containing non–subject merchandise;
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DEFINITIONS--Continued
Narrow woven ribbons with woven selvedge (“Narrow woven ribbons”) –continued
(11)
(12)
narrow woven ribbon that is
a.
affixed to non–subject merchandise as a working component of
such non–subject merchandise, such as where narrow woven ribbon
comprises an apparel trimming, book marker, bag cinch, or part of
an identity card holder, or
b.
affixed (including by tying) to non–subject merchandise as a
working component that holds or packages such non–subject
merchandise or attaches packaging or labeling to such non–subject
merchandise, such as a ‘‘belly band’’ around a pair of pajamas, a
pair of socks or a blanket; and
narrow woven ribbon(s) comprising a belt attached to and imported with an
item of wearing apparel, whether or not such belt is removable from such
item of wearing apparel.
The merchandise subject to {these} investigation{s} is classifiable under the
HTSUS statistical categories 5806.32.1020; 5806.32.1030; 5806.32.1050 and
5806.32.1060. Subject merchandise also may enter under subheadings 5806.31.00;
5806.32.20; 5806.39.20; 5806.39.30; 5808.90.00;5810.91.00; 5810.99.90;
5903.90.10;5903.90.25; 5907.00.60; and 5907.00.80 and under statistical
categories 5806.32.1080; 5810.92.9080; 5903.90.3090; and 6307.90.9889. The
HTSUS statistical categories and subheadings are provided for convenience and
customs purposes; however, the written description of the merchandise under
investigation is dispositive.
Fancy ribbons.--Ribbons of non-solid color containing woven or applied embellishments
including, but not limited to: woven embellishments using a jacquard mechanism, narrow woven
ribbon made from differently colored yarns (yarns dyed before weaving), screen printed
embellishments, flexography printed embellishments, transfer printed embellishments, and foil
stamped embellishments.
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.
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DEFINITIONS--Continued
Establishment.--Each facility of a firm in the United States involved in the production,
importation, and/or purchase of narrow woven ribbons (as defined above), including auxiliary
facilities operated in conjunction with (whether or not physically separate from) such facilities.
United States.--For purposes of this proceeding, 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 narrow woven ribbons (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).
Subject imports.—Imports of product matching the description of narrow woven ribbons
from Taiwan or China except for imports from the following specific foreign
producers/exporters that have received a zero percent duty margin from the Department of
Commerce in its preliminary less than fair value and subsidy findings: Yama Ribbons and
Bows Co., Ltd. (China), Dear Year Brothers Mfg. Co., Ltd. (Taiwan), Shienq Huong
Enterprise Co., Ltd./Hsien Chan Enterprise Co., Ltd./Novelty Handicrafts Co., Ltd.
(Taiwan).
Nonsubject imports.—Imports of product matching the description of narrow woven
ribbons from all countries other than Taiwan and China and imports of narrow woven
ribbons from the following specific foreign producers/exporters that have received a zero
percent duty margin from the Department of Commerce in its preliminary less than fair
value and subsidy findings: Yama Ribbons and Bows Co., Ltd. (China), Dear Year
Brothers Mfg. Co., Ltd. (Taiwan), Shienq Huong Enterprise Co., Ltd./Hsien Chan
Enterprise Co., Ltd./Novelty Handicrafts Co., Ltd. (Taiwan).
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DEFINITIONS--Continued
Facilitation.--Any activity designed to, or having the effect of, helping to bring about either the
import of narrow woven ribbons from China or Taiwan into the United States or the export of
narrow woven ribbons from China or Taiwan to the United States. Such activities include, but are
not limited to, promoting, advertising, negotiating contracts, arranging sales, brokering
transactions, invoicing, financing, guaranteeing, collaborating, providing quality control or
performing other types of logistical or administrative support or assistance. (This definition also
applies to derivations of the term “facilitation”: (e.g., facilitate, facilitator, et cetera).
Purchaser.--Any person or firm engaged, either directly or through a parent company or
subsidiary, in purchasing narrow woven ribbons (as defined above) from another firm that
produces, imports, or otherwise distributes narrow woven ribbons. 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 sources
located outside of the United States (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.
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File Type | application/pdf |
File Title | Microsoft Word - Instructions US -- Narrow Woven Ribbons _Final_.doc |
Author | russell.duncan |
File Modified | 2010-04-05 |
File Created | 2010-04-05 |