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pdfINSTRUCTION BOOKLET
GENERAL INFORMATION, INSTRUCTIONS, AND
DEFINITIONS FOR COMMISSION FOREIGN
PRODUCER/EXPORTER QUESTIONNAIRES
MAGNESIUM FROM CHINA AND RUSSIA
Investigation Nos. 731-TA-1071-1072 (Review)
Further information.--If you have any questions concerning the enclosed
questionnaire(s) or other matters related to these reviews, you may contact
the following member of the Commission=s staff (Fax 202-205-3205):
Mary Messer, investigator (202-205-3193; E-mail [email protected])
regarding general questions and trade and related information;
Aimee Larsen, economist (202-205-3179; E-mail [email protected])
regarding pricing, market, and related information.
GENERAL INFORMATION
Background.-- On April 15, 2005, the Department of Commerce issued antidumping duty orders
on imports of magnesium (also known as magnesium metal) from China and Russia (70 FR
19928-19931). On March 1, 2010, the Commission instituted reviews pursuant to section 751(c)
of the Tariff Act of 1930 (19 U.S.C. § 1675(c)) (the Act) to determine whether revocation of the
order would be likely to lead to continuation or recurrence of material injury to the domestic
industry within a reasonably foreseeable time (75 FR 9252). If the Commission makes affirmative
determinations, the orders will remain in place. If the Commission makes negative determinations,
the Department of Commerce will revoke the orders.
Questionnaires and other information pertinent to these reviews are available at
http://www.usitc.gov/trade_remedy/731_ad_701_cvd/investigations/2010/magnesium/reviewpha
se.htm Address all correspondence to the United States International Trade Commission,
Washington, DC 20436. Hearing-impaired individuals can obtain information regarding these
reviews 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 SEPTEMBER 23, 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
SEPTEMBER 23, 2010. If you do not use the enclosed envelope, please make sure the completed
questionnaire is sent to the attention of Mary Messer. 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 reviews.
Service of questionnaire response(s).--In the event that your firm is a party to these reviews, 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.
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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 reviews, 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 these reviews or other import-injury investigations or
reviews 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).
Consolidate all establishments in China or Russia.--Report the requested data for your
establishment(s) located in China or Russia. 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/2010/magnes
ium/reviewphase.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. NOS. 731-TA-1071-1072. 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 reviews, and service of the questionnaire is required, such service
should be made in paper form.
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DEFINITIONS
Magnesium.--Primary and secondary pure and alloy magnesium metal (including blends of
primary and secondary magnesium), regardless of chemistry, raw material source, form, shape, or
size. Magnesium is a metal or alloy containing by weight primarily the element magnesium.
Primary magnesium is produced by decomposing raw materials into magnesium metal. Secondary
magnesium is produced by recycling magnesium-based scrap into magnesium metal. The subject
merchandise includes the following magnesium metal products made from primary and/or
secondary magnesium, including, without limitation, magnesium cast into ingots, slabs, rounds,
billets, and other shapes, and magnesium ground, chipped, crushed, or machined into raspings,
granules, turnings, chips, powder, briquettes, and other shapes: (1) Products that contain at least
99.95 percent magnesium, by weight (generally referred to as “ultra-pure” magnesium);
(2) products that contain less than 99.95 percent but not less than 99.8 percent magnesium, by
weight (generally referred to as “pure” magnesium); and (3) chemical combinations of magnesium
and other material(s) in which the magnesium content is 50 percent or greater, but less than 99.8
percent, by weight, whether or not conforming to an “ASTM Specification for Magnesium Alloy.”
Excluded from the subject merchandise are the following: (1) Magnesium that is in liquid or
molten form; and (2) mixtures containing 90 percent or less magnesium in granular or powder
form by weight and one or more of certain non-magnesium granular materials to make magnesium
based reagent mixtures, including lime, calcium metal, calcium silicon, calcium carbide, calcium
carbonate, carbon, slag coagulants, fluorspar, nephaline syenite, feldspar, alumina (Al203),
calcium aluminate, soda ash, hydrocarbons, graphite, coke, silicon, rare earth metals/mischmetal,
cryolite, silica/fly ash, magnesium oxide, periclase, ferroalloys, dolomite lime, and colemanite.
The subject merchandise is classifiable under items 8104.11.00, 8104.19.00, and 8104.30.00
of the Harmonized Tariff Schedule of the United States (“HTSUS”). Although the HTSUS items
are provided for convenience and customs purposes, the written description of the merchandise
under investigation is dispositive.
Pure magnesium.—Unwrought magnesium containing at least 99.8 percent magnesium
by weight.
Alloy magnesium.—Unwrought magnesium containing less than 99.8 percent magnesium
by weight but more than 50 percent magnesium by weight.
Ultra-pure magnesium.--Unwrought magnesium containing at least 99.95 percent
magnesium by weight.
Commodity-grade pure magnesium.--Unwrought magnesium containing at least 99.8
percent magnesium but less than 99.95 percent magnesium by weight.
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DEFINITIONS--Continued
ASTM specifications.—American Society for Testing and Materials (“ASTM”) Standard
“Specification for Magnesium Alloys in Ingot Form for Sand Castings, Permanent Mold
Castings, and Die Castings,” Designation B 93/B 93M, Annual Book of ASTM Standards.
Primary magnesium.--Pure and alloy magnesium produced by decomposing raw
materials into magnesium metal, and containing less than 50 percent of recycled
magnesium-based scrap.
Secondary magnesium.--Magnesium produced by recycling magnesium-based scrap, and
containing less than 50 percent of primary magnesium.
Granules.--Magnesium that is ground, chipped, crushed, machined, or atomized.
Examples include, but are not limited to, raspings, granules, turnings, chips, powder, and
briquettes. Includes all non-liquid physical forms of magnesium other than castings (e.g.,
ingots, slabs, rounds, and billets).
Magnesium producers:
Primary producer.--A producer of pure and/or alloy magnesium from seawater or from
magnesium-bearing ores. Primary magnesium is produced by decomposing raw materials
into magnesium metal.
Secondary producer or “recycler”.--A secondary magnesium producer, or “recycler,”
obtains magnesium by recycling magnesium-based scrap.
Diecaster.--Diecasters typically purchase magnesium and use it to manufacture diecast
parts. Diecasters may also produce secondary alloy magnesium by recycling scrap
generated in their diecasting operations.
Grinder.--Firms that grind, chip, crush, atomize, and/or otherwise machine magnesium
into raspings, granules, turnings, chips, powder, briquettes, and other shapes.
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 China or Russia involved in the production of
magnesium (as defined above), including auxiliary facilities operated in conjunction with
(whether or not physically separate from) such facilities.
United States.--For purposes of these reviews, 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 magnesium (as defined above) into the United States from a foreign manufacturer or
through its selling agent.
Quantities.--For purposes of this questionnaire, quantities reported should reflect the gross weight
(not necessarily magnesium content) in metric tons, unless otherwise specifically indicated.
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 or Russia, including production
consumed internally within your firm.
Shipments.--Shipments of products produced in your establishment(s) in China or Russia.
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) in U.S.
dollars, f.o.b. your point of shipment in China or Russia.
Home market commercial shipments.--Shipments, other than internal consumption and
transfers to related firms, within China or Russia.
Home market internal consumption/transfers to related firms.--Shipments made to
related firms in China or Russia, including product consumed internally by your firm.
Export shipments.--Shipments to destinations outside China or Russia, 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 - Sunset Foreign Instructions.doc |
Author | mary.messer |
File Modified | 2010-08-16 |
File Created | 2010-08-16 |