Silica Bricks and Shapes from China, Inv. No. 731-1205 (Final)

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

US Instructions

Silica Bricks and Shapes from China, Inv. No. 731-1205 (Final)

OMB: 3117-0016

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INSTRUCTION BOOKLET
GENERAL INFORMATION, INSTRUCTIONS, AND
DEFINITIONS FOR COMMISSION QUESTIONNAIRES

Silica Bricks and Shapes from China
Investigation No. 731-TA-1205 (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):
Cynthia Trainor, investigator (202-205-3354; Email [email protected])
regarding general questions and trade and related information;
Charles Yost, auditor (202-205-3432; Email [email protected])
regarding financial information; and
Samantha Day, economist (202-205-2088; Email [email protected])
regarding pricing, market, and related information.

GENERAL INFORMATION
Background.--This proceeding was instituted in response to a petition filed on November 15, 2012,
by Utah Refractories Corp., Lehi, Utah. 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 dumping.
Questionnaires and other information pertinent to this proceeding are available at
http://www.usitc.gov/trade_remedy/731_ad_701_cvd/investigations/2013/silica_bricks/finalphase.
htm. Please direct questions regarding the questionnaire and correspondence to Cynthia Trainor
([email protected]; 202-205-3354) at the U.S. International Trade Commission, 500 E
Street, SW, Washington, D.C. 20436. Correspondence may be sent to the above address or via FAX
to 202-205-3205. Hearing-impaired individuals can obtain information regarding this proceeding
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 September 9, 2013. 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 the final document that you submit.
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,
general 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
of your files, worksheets, 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 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.
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 zero or “none”,
enter the number zero or “none”. 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 entered in the space provided or in a separate MS
Word document submitted along with 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.
Electronic completion.—Please electronically enter your responses into the Commission
provided MS Word document. 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, Cynthia Trainor ([email protected]; 202-205-3354).
Electronic submission.-- Responding firms should submit their questionnaire responses
electronically in MS Word format. The submission of questionnaire responses in the MS Word
format allows the Commission to electronically extract data from questionnaires and thus, compile,
assess, and analyze submitted data more efficiently and promptly. Furthermore, the electronic
submission of questionnaires completed in MS Word facilitates the Commission’s ability to produce

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GENERAL INFORMATION--Continued
documents that comply with Section 508 of the Rehabilitation Act of 1973. There are three
electronic submissions options detailed below.

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/2013/silica_bri
cks/finalphase.htm. Please do not attempt to modify the format or permissions of
the questionnaire document. Please complete the questionnaire and submit it
electronically using one of the methods noted below. If your firm is unable to
complete the MS Word questionnaire or cannot use one of the electronic methods of
submission, please contact the Commission for further instructions.
• 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) through the Commission’s secure
upload facility:
Web address: https://dropbox.usitc.gov/oinv/

Pin: BRICK

• E-mail.—E-mail your questionnaire to the investigator identified on page 1 of the Instruction
Booklet; include a scanned copy of the signed certification page (page 1). Type the following in the
e-mail subject line: BPI Questionnaire, INV. NO. 1205. 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 MS Word questionnaire onto a CD. Also please include a signed
certification page (page 1), and mail to the U.S. International Trade Commission, 500 E. Street, SW,
Washington, DC 20024. 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.
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.—Refractory bricks and shapes, regardless of size, that contain at least 90 percent silica
(SiO2) where at least 50 percent of the silica content, by weight, is crystalline silica, regardless of
other materials contained in the bricks and shapes. Refractory refers to nonmetallic materials having
those chemical and physical properties that make them applicable for structures, or as components
of systems, that are exposed to environments above 1000 degrees Fahrenheit (538 degrees Celsius).
The products covered by the scope of this investigation are currently classified under Harmonized
Tariff Schedule of the United States (“HTSUS”) numbers 6902.20.1020 and 6902.20.5020.
Because the definition of “refractory” in the HTSUS differs from that in the scope of this
investigation, products covered by the scope of this investigation may also enter under HTSUS
number 6909.19.5095. Although the HTS numbers are provided for convenience and customs
purposes, the written description of the scope of this proceeding is dispositive.
The scope of this investigation does not cover refractory bricks and shapes, regardless of size,
that are made, in part, from non-crystalline silica (commonly referred to as fused silica) where the
silica content is less than 50 percent, by weight, crystalline silica.
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
silica bricks and shapes (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 silica bricks and shapes (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).
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DEFINITIONS--Continued
Purchaser.--Any person or firm engaged, either directly or through a parent company or subsidiary,
in purchasing silica bricks and shapes (as defined above) from another firm that produces, imports,
or otherwise distributes silica bricks and shapes.
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) in U.S.
dollars, f.o.b. your point of shipment in the United States (for U.S. produced product) or
China (for imported product).
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.
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DEFINITIONS--Continued
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.
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-June periods, calculate similarly and divide by 6.
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 Typeapplication/pdf
File TitleMicrosoft Word - US Instructions
Authorcynthia.trainor
File Modified2013-07-30
File Created2013-07-30

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