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pdfINSTRUCTION BOOKLET
GENERAL INFORMATION, INSTRUCTIONS, AND
DEFINITIONS FOR COMMISSION QUESTIONNAIRES
Multilayered Wood Flooring from China
Investigation Nos. 701-TA-476 and 731-TA-1179 (Preliminary)
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):
Fred Ruggles, investigator (202-205-31887; 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
James Fetzer, economist (202-708-5403; E-mail [email protected])
regarding pricing, market, and related information.
GENERAL INFORMATION
Background.--This proceeding was instituted in response to a petition filed on October 21, 2010
on behalf of the Coalition for American Hardwood Parity (“CAHP”), an ad hoc association of U.S.
manufacturers of multilayered wood flooring. The following companies are members of the
CAHP: Anderson Hardwood Floors, LLC, Fountain Inn, SC; Award Hardwood Floors, Wausau,
WI; Baker's Creek Wood Floors, Inc., Edwards, MS; From the Forest, Weston, WI; Howell
Hardwood Flooring, Dothan, AL; Mannington Mills, Inc., Salem, NJ; Nydree Flooring, Forest,
VA; and Shaw Industries Group, Inc., Dalton, GA. Countervailing and 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/2010/multilayered
_wood_flooring/prelimphase.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 November 4, 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
November 4, 2010. If you do not use the enclosed envelope, please make sure the completed
questionnaire is sent to the attention of Fred Ruggles. 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 this proceeding.
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.
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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 this proceeding, 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 proceedings
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 of multilayered wood flooring 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)/732(c)(4) of the Act (19 U.S.C. ' 1671a(c)(4)/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
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 proceeding (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 electronically or in paper form.
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INSTRUCTIONS--Continued
OPTIONS FOR FILING
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/multilayered
_wood_flooring/prelimphase.htm
. Please do not attempt to modify the format or permissions of the questionnaire
document. You may complete the questionnaire and submit it, electronically, or
you may print it out and submit it in paper form, as described below:
• 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, Investigation Nos. 701-TA-476 and 731-TA-1179
(Preliminary). 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.
• Fax.—Fax to 202.205.3205.
• Overnight mail service.—Mail to the following address:
United States International Trade Commission
Office of Investigations, Room 615-B
500 E Street SW
Washington, DC 20024
• 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.
Note: If you are a party to the proceeding, and service of the questionnaire is required,
such service should be made in paper form.
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DEFINITIONS
Product.-- Multilayered wood flooring is composed of an assembly of two or more layers or plies
of wood veneer(s)1 in combination with a core. The several layers, along with the core, are glued
or otherwise bonded together to form a final assembled product. Multilayered wood flooring is
often referred to by other terms, e.g., “engineered wood flooring” or “plywood flooring.”
Regardless of the particular terminology, all products that meet the description set forth herein are
intended for inclusion within the definition of subject merchandise.
All multilayered wood flooring is included within the definition of subject merchandise, without
regard to: dimension (overall thickness, thickness of face ply, thickness of back ply, thickness of
core, and thickness of inner plies; width; and length); wood species used for the face, back and
inner veneers; core composition; and face grade. Multilayered wood flooring included within the
definition of subject merchandise may be unfinished (i.e., without a finally finished surface to
protect the face veneer from wear and tear) or “prefinished” (i.e., a coating applied to the face
veneer, including, but not exclusively, oil or an oil-modified or water-based polyurethanes,
ultra-violet light cured polyurethanes, wax, epoxy-ester finishes, moisture-cured urethanes and
acid-curing formaldehyde finishes.) The veneers may be also soaked in an acrylic-impregnated
finish. All multilayered wood flooring is included within the definition of subject merchandise
regardless of whether the face (or back) of the product is smooth, wire brushed, distressed in any
number of methods, or hand-scraped. In addition, all multilayered wood flooring is included
within the definition of subject merchandise regardless of whether or not it is manufactured with
any interlocking or connecting mechanism (for example, tongue-and-groove construction or
locking joints). All multilayered wood flooring is included within the definition of the subject
merchandise regardless of whether the product meets a particular industry or similar standard.
The core of multilayered wood flooring may be composed of a range of materials, including but
not limited to hardwood or softwood veneer, particleboard, medium-density fiberboard (MDF),
high-density fiberboard (HDF), stone and/or plastic composite, or strips of lumber placed
edge-to-edge. Multilayered wood flooring products generally but not exclusively have an overall
thickness ranging between 0.25 inch to 0.75 inch, and the face veneer may have a thickness from
as low as 0.004 inch (0.1 mm) to 0.25 inch. The width of the product generally but not exclusively
ranges from 2 ¼ inches to 8 inches, but may range as a high as 12 inches, or more. The product
may be in the form of a strip, plank, or other geometrical patterns (e.g., circular, hexagonal). All
multilayered wood flooring products are included within this definition regardless of the actual or
nominal dimensions or form of the product.
Typically, but not exclusively, multilayered wood flooring is manufactured with a
“tongue-and-groove” construction (i.e., a "tongue" along one side of the board (length-wise) and
a "groove" along the opposite side of the board). Multilayered wood flooring may also have other
types of connecting mechanisms, such as locking joints, to facilitate the linkage of adjoining
boards.
1
A “veneer” is a thin slice of wood, rotary cut, sliced or sawed from a log, bolt or flitch. Veneer is referred to as a
ply when assembled.
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DEFINITIONS--Continued
The subject merchandise may be classified under the following subheadings of the Harmonized
Tariff Schedule of the United States (HTS): 4409.10, 4409.29, 4412.31, 4412.32, 4412.39,
4412.94, 4412.99, 4418.71, 4418.72, 4418.79.00, and 4418.90. The written description of the
subject merchandise set forth above is dispositive.
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 involved in the production, importation, and/or purchase
of multilayered wood flooring (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 multilayered wood flooring (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 multilayered wood flooring (as defined above) from another firm that
produces, imports, or otherwise distributes multilayered wood flooring.
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DEFINITIONS--Continued
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 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).
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.
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).
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DEFINITIONS--Continued
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 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.
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. For the
January-March periods, calculate similarly and divide by 3.
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.
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File Type | application/pdf |
File Modified | 2010-11-09 |
File Created | 2010-10-21 |