Silicomanganese from Brazil, China, and Ukraine, Inv. No. 731-671-673 (Third Review)

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

Foreign Instructions

Silicomanganese from Brazil, China, and Ukraine, Inv. No. 731-671-673 (Third Review)

OMB: 3117-0016

Document [pdf]
Download: pdf | pdf
INSTRUCTION BOOKLET

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

Silicomanganese from Brazil, China, and Ukraine
Investigation Nos. 731-TA-671-673 (Third Reviews)

Further information.--If you have any questions concerning the enclosed
questionnaire(s) or other matters related to this review, 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;
Amelia Preece, economist (202-205-3250; E-mail [email protected])
regarding pricing, market, and related information.

GENERAL INFORMATION
Background.--On September 14, 2006, the Department of Commerce (“Commerce”) issued a
continuation of the antidumping duty orders on imports of silicomanganese from Brazil, China,
and Ukraine (71 F.R.54272) following reviews (the second five-year reviews) of the orders at both
Commerce and the United States International Trade Commission (“Commission”). On August
1, 2011, the Commission instituted a review 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 (76 F.R. 45856) (the third five-year reviews). If the Commission makes an
affirmative determination, the orders will remain in place. If the Commission makes a negative
determination, the Department of Commerce will revoke the orders.
Questionnaires and other information pertinent to this review are available at
http://www.usitc.gov/trade_remedy/731_ad_701_cvd/investigations/2012/silicomanganese_br_c
h_uk/reviewphase.htm
Address all correspondence to the United States International Trade Commission, Washington,
DC 20436. Hearing-impaired individuals can obtain information regarding this review via the
Commission=s TDD terminal (202-205-1810).
Due date of questionnaire(s).--Please submit the completed questionnaire(s) to the United States
International Trade Commission so as to be received by no later than July 2, 2012. Because
Commission staff might contact you with questions during the course of the proceeding, save the
final version of the document(s) and retain all files and worksheets associated with the completed
questionnaire(s). Please also retain a copy of any paper original document that you submit.
Service of questionnaire response(s).--In the event that your firm is a party to this review, 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.

2

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 review, 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 review or other import-injury proceedings 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. 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 a single country.--Report the requested data for your
establishment(s) located in Brazil, China, or Ukraine. Firms operating more than one
establishment in a single country should combine the data for all establishments into a single
report. Multinational companies with production in multiple subject countries (e.g, Brazil and
China, or China and Ukraine, or Brazil and Ukraine) should submit separate foreign producer
questionnaire responses for each subject country.
Electronic completion.--Your firm is encouraged (but not required) to complete the questionnaire
electronically in MS Word format. The MS Word versions of all the questionnaires in this
proceeding are available online at the ITC web page or may be obtained directly from the
Commission’s Investigator, Russell Duncan ([email protected], or 202-708-4727).
Electronic submission.--To the degree that it is possible and not overly burdensome, the
Commission requests that responding firms submit their questionnaire responses electronically in
MS Word format. The submission of questionnaire responses in the MS Word format allows the
Commission to compile, assess, and analyze submitted data more promptly. There are three
electronic submissions options detailed below.

3

INSTRUCTIONS--Continued
OPTIONS FOR FILING
This questionnaire is available as a “fillable” form in MS Word format on the
Commission’s website (see link above). If completing the document electronically,
please do not attempt to modify the format or permissions of the questionnaire
document.
• Upload via Secure Drop Box.--Upload the completed questionnaire in MS Word format along
with a scanned copy of the signed certification page (page 1) (in PDF or other image format)
through the Commission’s secure upload facility:
Web address: https://dropbox.usitc.gov/oinv/

Pin: SIMN

• 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, Inv. No. 731-671. 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.
• 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.
• Fax.—Fax to 202.205.3205.
• 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
• 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. The completed versions of the underlying MS
Word documents, to the extent they are available, should also be provided to the
Commission’s Investigator.
4

DEFINITIONS
Product.--The product subject to these reviews (i.e., “silicomanganese”) is defined by Commerce
as:
Silicomanganese, which is sometimes called ferrosilicon manganese, is a
ferroalloy composed principally of manganese, silicon and iron, and
normally contains much smaller proportions of minor elements, such as
carbon, phosphorus, and sulfur. Silicomanganese generally contains by
weight not less than 4 percent iron, more than 30 percent manganese, more
than 8 percent silicon, and not more than 3 percent phosphorous. All
compositions, forms, and sizes of silicomanganese are included within the
scope of the order, including silicomanganese slag, fines, and briquettes.
Silicomanganese is used primarily in steel production as a source of both
silicon and manganese. Silicomanganese is currently classifiable under
subheading 7202.30.0000 of the Harmonized Tariff Schedule of the United
States (‘‘HTSUS’’)…1
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 Brazil, China, or Ukraine involved in the production of
silicomanganese (as defined above), including auxiliary facilities operated in conjunction with
(whether or not physically separate from) such facilities.
United States.--For purposes of this review, 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 silicomanganese (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

1

Silicomanganese From Brazil, the People’s Republic of China, and Ukraine: Final Results of the Expedited
Third Sunset Reviews of the Antidumping Duty Orders, 76 FR 73587, November 29, 2011.

5

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 Brazil, China, or Ukraine, including
production consumed internally within your firm.
Shipments.--Shipments of products produced in your establishment(s) in Brazil, China, or
Ukraine.
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 Brazil, China, or Ukraine.
Home market commercial shipments.--Shipments, other than internal consumption and
transfers to related firms, within Brazil, China, or Ukraine.
Home market internal consumption/transfers to related firms.--Shipments made to
related firms in Brazil, China, or Ukraine, including product consumed internally by your
firm.
Export shipments.--Shipments to destinations outside Brazil, China, or Ukraine, including
shipments to related firms.
Inventories.--Finished goods inventory, not raw materials or work-in-progress.

6


File Typeapplication/pdf
File TitleMicrosoft Word - Foreign Instructions.doc
Authorrussell.duncan
File Modified2012-05-30
File Created2012-05-30

© 2024 OMB.report | Privacy Policy