Electrolytic Manganese Dioxide from Australia and China, Inv. No. 731-TA-1124-1125 (Review)

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

Sunset US Instructions EMD Review

Electrolytic Manganese Dioxide from Australia and China, Inv. No. 731-TA-1124-1125 (Review)

OMB: 3117-0016

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

ELECTROLYTIC MANGANESE DIOXIDE FROM AUSTRALIA AND CHINA
Investigation Nos. 731-TA-1124 and 1125 (Review)

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;
David Boyland, auditor (202-708-4725; Email [email protected])
regarding financial information; and
James Fetzer, economist (202-708-5403; Email [email protected])
regarding pricing, market, and related information.

GENERAL INFORMATION
Background.--On October 7, 2008, the Department of Commerce issued antidumping duty orders
on imports of electrolytic manganese dioxide (“EMD”) from Australia and China (73 F.R. 58538;
73 F.R. 58537). On September 3, 2013, 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 orders would be likely to lead to continuation or recurrence of material injury to the
domestic industry within a reasonably foreseeable time (78 F.R. 54269). 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 this proceeding are available at
http://www.usitc.gov/trade_remedy/731_ad_701_cvd/investigatons/2014/emd/reviewphase.htm.
Please direct questions regarding the questionnaire and correspondence to Cynthia Trainor
(202-205-3354; [email protected]) 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 August 20, 2014. 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 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.

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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 of your files, worksheets, 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 proceeding, may become subject to, and be 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
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]; or 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 documents that comply with Section 508 of the Rehabilitation Act of 1973. There are
three electronic submissions options detailed below.
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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/investigatons/2014/emd/rev
iewphase.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: EMDAC

• 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. 731-1124. 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.—All manganese dioxide (MnO2) that has been manufactured in an electrolysis process,
whether in powder, chip, or plate form. Excluded from the scope are natural manganese dioxide
(NMD) and chemical manganese dioxide (CMD). The merchandise subject to these orders is
classified in the Harmonized Tariff Schedule of the United States (“HTSUS”) at subheading
2820.10.00. While the HTSUS subheading is provided for convenience and customs purposes, the
written description of the scope of these orders 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 in the United States involved in the production,
importation, and/or purchase of EMD (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 EMD (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 (but not including
antidumping and/or countervailing duties) at the U.S. port of entry, including ocean freight
and insurance costs, brokerage charges, and normal import duties (i.e., including all
charges except inland freight in the United States and antidumping and/or countervailing
duties).
Purchaser.--Any person or firm engaged, either directly or through a parent company or
subsidiary, in purchasing EMD (as defined above) from another firm that produces, imports, or
otherwise distributes EMD. A retail firm that is the importer of record may be considered a
purchaser.
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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 U.S. 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.

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DEFINITIONS--Continued
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 2.
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 - Sunset US Instructions EMD Review
Authorcynthia.trainor
File Modified2014-07-21
File Created2014-07-21

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