Foreign producer instructions

Foreign_Instructions.pdf

Information collections for import injury investigations (producers, importers, purchasers, and foreign producer questionnaires and institution notices for 5-year reviews)

Foreign producer instructions

OMB: 3117-0016

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INSTRUCTION BOOKLET

GENERAL INFORMATION, INSTRUCTIONS, AND
DEFINITIONS FOR COMMISSION FOREIGN
PRODUCER/EXPORTER QUESTIONNAIRES

PRODUCT from COUNTRY
Investigation No. 701/731-TA-XXX (Preliminary/Final)

Further information.--If you have any questions concerning the enclosed
questionnaire(s) or other matters related to this investigation, you may contact
the following member of the Commission=s staff (Fax 202-205-3205):
NAME, investigator (202-205-XXXX; E-mail [email protected])

GENERAL INFORMATION
Background.--This investigation was instituted in response to a petition filed on DATE by
COMPANY, CITY, STATE. Countervailing/antidumping duties may be assessed on the
subject imports as a result of this investigation 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/dumping.
Questionnaires and other information pertinent to this investigation are available at COPY AND
PASTE LINK TO INVESTIGATION FROM ACTIVE INVESTIGATIONS PAGE.
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 DATE. 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 DATE. If you do
not use the enclosed envelope, please make sure the completed questionnaire is sent to the
attention of INVESTIGATOR. 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 ' 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 investigation, 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 investigation 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.

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 COUNTRY.--Report the requested data for your
establishment(s) located in COUNTRY. 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 COPY AND PASTE LINK TO INVESTIGATION
FROM ACTIVE INVESTIGATIONS PAGE. 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:
• By means of the Commission’s Electronic Document Information System (EDIS).—Follow
the step-by-step instructions on the next page.
• 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. XXX. 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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INSTRUCTIONS--Continued
INSTRUCTIONS FOR FILING VIA EDIS
STEP 1: REGISTER AS A NEW USER IN EDIS (current registered users may skip this step)
x The authorized official whose name appears under the Certification at the bottom of page
1 of the questionnaire should be the person who completes the registration in EDIS
x Go to https://eofpub.usitc.gov/edis-efile/app
x Click on Register
x Read and accept the Terms of Use Agreement
x Complete the EDIS Online User Registration form
o In the Firm/Organization field, select Questionnaire Respondent
x Click Submit Registration
STEP 2: ELECTRONICALLY SUBMIT YOUR QUESTIONNAIRE(S) IN EDIS
x Click on E-File Documents
x Under Submitter Information, type the name of your firm in the Filed On Behalf Of
field
x Under Investigation Information, click on Find Investigation
o For Investigation Phase, select “Prelim/Final” and for Investigation Number,
type “xxx-xxxx”; Click on Find Investigation
o Click in the circle to the left of the investigation number that appears, then click on
Select and confirm by clicking OK
x Under Document Filing Information—
o For Document Type, select Questionnaire – Foreign Producer, Questionnaire
– Importer, Questionnaire – Purchaser, or Questionnaire – U.S. Producer, as
appropriate
o Leave Document Title field blank
x Under Add Document Attachments for Electronic Submission—
o In the Attach File field, click on Browse, locate your MS Word questionnaire file,
and double-click the file
o The Attachment Title field is optional
o Click on Attach Files (note that your file will be listed below under Attachments)
o You must attach a scanned PDF of the signed certification page (page 1). If you
wish to attach any other files, i.e., supporting documents, do so at this time (unlike
the questionnaire itself, these additional documents must be PDFs). Only one
questionnaire may be filed at a time.
o When you have attached all relevant files, click on Submit Document
w/attachments. An EDIS Document Submission Confirmation screen will
appear. Confirm the information and click on Accept Information. An EDIS
Notice of Receipt of Electronic Documents will appear, which completes the
process. If you wish to electronically file another questionnaire, repeat Step 2.

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DEFINITIONS
Product.--DEFINE, as covered by statistical reporting number xxxx.xx.xx of the Harmonized
Tariff Schedule of the United States (HTS).
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 COUNTRY involved in the production of PRODUCT
(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.
Importer.--Any person or firm engaged, either directly or through a parent company or subsidiary,
in importing PRODUCT (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 COUNTRY, including production
consumed internally within your firm.

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DEFINITIONS--Continued
Shipments.--Shipments of products produced in your establishment(s) in COUNTRY. Quantities
reported should be net of returns.
Home market commercial shipments.--Shipments, other than internal consumption and
transfers to related firms, within COUNTRY.
Home market internal consumption/transfers to related firms.--Shipments made to
related firms in COUNTRY, including product consumed internally by your firm.
Export shipments.--Shipments to destinations outside COUNTRY, including shipments
to related firms.
Inventories.--Finished goods inventory, not raw materials or work-in-progress.

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File Typeapplication/pdf
File TitleMicrosoft Word - Foreign Instructions.doc
Authorjoyce.bookman
File Modified2011-05-05
File Created2011-05-05

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