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pdfOMB No. 3117‐0016/USITC No. 20‐4‐4276; Expiration Date: 6/30/2023
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FOREIGN PRODUCERS’/EXPORTERS’ QUESTIONNAIRE
SEAMLESS REFINED COPPER PIPE AND TUBE FROM VIETNAM
This questionnaire must be received by the Commission by July 14, 2020
See last page for filing instructions.
The information called for in this questionnaire is for use by the United States International Trade Commission in
connection with its antidumping investigation concerning seamless refined copper pipe and tube (“SRC pipe and
tube”) from Vietnam (Inv. No. 731‐TA‐1528 (Preliminary)). The information requested in the questionnaire is
requested under the authority of the Tariff Act of 1930, title VII.
Name of firm
Address
Website
Has your firm produced or exported SRC pipe and tube (as defined on next page) from Vietnam at any time since
January 1, 2017?
NO
(Sign the certification below and promptly return only this page of the questionnaire to the Commission)
YES
(Complete all parts of the questionnaire, and return the entire questionnaire to the Commission)
Return questionnaire via the Commission Drop Box by clicking on the following link:
https://dropbox.usitc.gov/oinv/. (PIN: SRCP)
CERTIFICATION
I certify that the information herein supplied in response to this questionnaire is complete and correct to the best of my
knowledge and belief and understand that the information submitted is subject to audit and verification by the Commission. By
means of this certification I also grant consent for the Commission, and its employees and contract personnel, to use the
information provided in this questionnaire and throughout this proceeding in any other import‐injury proceedings conducted by
the Commission on the same or similar merchandise.
I, the undersigned, acknowledge that information submitted in response to this request for information and throughout this
proceeding or other proceedings may be disclosed to and used: (i) by the Commission, its employees and Offices, and contract
personnel (a) for developing or maintaining the records of this or a related proceeding, or (b) in internal investigations, audits,
reviews, and evaluations relating to the programs, personnel, and operations of the Commission including under 5 U.S.C.
Appendix 3; or (ii) by U.S. government employees and contract personnel, solely for cybersecurity purposes. I understand that all
contract personnel will sign appropriate nondisclosure agreements.
Name of Authorized Official Title of Authorized Official
Date
Signature
Phone
Email address
Business Proprietary
Foreign Producers’ Questionnaire – SRC Pipe and Tube (Preliminary)
Page 2
PART I.—GENERAL INFORMATION
Background.‐‐This proceeding was instituted in response to a petition filed on June 30, 2020, by the
American Copper Tube Coalition, consisting of Mueller Group, Collierville, Tennessee, and Cerro Flow
Products, LLC, Chicago, Illinois. Antidumping duties may be assessed on the subject imports as a result of
these proceedings if the Commission makes an affirmative determination of injury, threat, or material
retardation, and if the U.S. Department of Commerce (“Commerce”) makes an affirmative
determination of dumping. Questionnaires and other information pertinent to this proceeding are
available at
https://www.usitc.gov/investigations/701731/2020/seamless_refined_copper_pipe_and_tube_vietnam
/preliminary.htm.
SRC pipe and tube: This definition covers all seamless circular refined copper pipes and tubes, including
redraw hollows, greater than or equal to 6 inches (152.4 mm) in length and measuring less than 12.130
inches (308.102 mm) (actual) in outside diameter (“OD”), regardless of wall thickness, bore (e.g.,
smooth, enhanced with inner grooves or ridges), manufacturing process (e.g., hot finished, cold‐drawn,
annealed), outer surface (e.g., plain or enhanced with grooves, ridges, fins, gills), end finish (e.g., plain
end, swaged end, flared end, expanded end, crimped end, threaded), coating (e.g., plastic, paint),
insulation, attachments (e.g., plain, capped, plugged, with compression or other fitting), or physical
configuration (e.g., straight, coiled, bent, wound on spools).
This definition covers, but is not limited to, seamless refined copper pipe and tube produced or
comparable to the American Society for Testing and Materials (“ASTM”) ASTM‐B42, ASTM‐B68, ASTM‐
B75, ASTM‐B88, ASTM‐B88M, ASTM‐B188, ASTM‐B251, ASTM‐B251M, ASTM‐B280, ASTM‐B302, ASTM‐
B306, ASTM‐359, ASTM‐B743, ASTM‐B819, and ASTM‐B903 specifications and meeting the physical
parameters described therein. This definition includes all sets of covered products, including “line sets”
of seamless refined copper tubes (with or without fittings or insulation) suitable for connecting an
outdoor air conditioner or heat pump to an indoor evaporator unit. The phrase “all sets of covered
products” denotes any combination of items put up for sale that is comprised of merchandise subject to
the scope.
“Refined copper” is defined as: (1) metal containing at least 99.85 percent by weight of copper; or (2)
metal containing at least 97.5 percent by weight of copper, provided that the content by weight of any
other element does not exceed the following limits:
ELEMENT
LIMITING CONTENT PERCENT BY WEIGHT
Ag – Silver
0.25
As – Arsenic
0.5
Cd – Cadmium
1.3
Cr – Chromium
1.4
Mg – Magnesium
0.8
Pb – Lead
1.5
S – Sulfur
0.7
Sn – Tin
0.8
Te – Tellurium
0.8
Zn – Zinc
1.0
Zr – Zirconium
0.3
Other elements (each)
0.3
Business Proprietary
Foreign Producers’ Questionnaire – SRC Pipe and Tube (Preliminary)
Page 3
This definition excludes all seamless circular hollows of refined copper less than 12 inches in length
whose OD (actual) exceeds its length.
SRC pipes and tubes are currently classifiable under statistical reporting numbers 7411.10.1030 and
7411.10.1090 of the Harmonized Tariff Schedule of the United States (“HTSUS”). SRC pipes and tubes
may also enter under HTSUS statistical reporting numbers 7407.10.1500, 7419.99.5050, 8415.90.8065,
and 8415.90.8085. Although the HTSUS statistical reporting numbers are provided for convenience and
customs purposes, the written description above is dispositive.
Reporting of information.‐‐If information is not readily available from your records, provide carefully
prepared estimates. If your firm is completing more than one questionnaire (i.e., a producer, importer,
purchaser and/or foreign producer questionnaire), you need not respond to duplicated questions.
Confidentiality.‐‐The commercial and financial data furnished in response to this questionnaire 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 this questionnaire is subject to audit and verification by the
Commission. To facilitate possible verification of data, please keep all files, worksheets, and supporting
documents used in the preparation of the questionnaire response. Please also retain a copy of the final
document that you submit.
Release of information.‐‐The information provided by your firm in response to this questionnaire, 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.
Valid number error messages.‐‐If you are completing this form in a country that uses periods (“.”) to
delineate multiples of 1000 (e.g., one million would appear as $1.000.000 rather than $1,000,000), you
may be unable to enter in numbers greater than 999 in numeric form fields. The solution to this data
entry issue is to temporarily change your operating system’s number formatting to be consistent with
the U.S. number formatting system while you complete this form. Detailed instructions on how to
resolve this issue is provided at the end of this questionnaire and is available upon request from Jordan
Harriman (202‐205‐2610, [email protected]).
Business Proprietary
Foreign Producers’ Questionnaire – SRC Pipe and Tube (Preliminary)
I‐1.
Page 4
OMB statistics.‐‐Please report below the actual number of hours required and the cost to your
firm of completing this questionnaire.
Hours
Dollars
The questions in this questionnaire have been reviewed with market participants to ensure that
issues of concern are adequately addressed and that data requests are sufficient, meaningful,
and as limited as possible. Public reporting burden for this questionnaire is estimated to average
20 hours per response, including the time for reviewing instructions, gathering data, and
completing and reviewing the questionnaire.
We welcome comments regarding the accuracy of this burden estimate, suggestions for
reducing the burden, and any suggestions for improving this questionnaire. Please attach such
comments to your response or send to the Office of Investigations, USITC, 500 E St. SW,
Washington, DC 20436.
I‐2.
Establishments covered.‐‐Provide the name and address of establishment(s) covered by this
questionnaire.
“Establishment”‐‐Each facility of a firm in Vietnam involved in the production or export of SRC
pipe and tube, including auxiliary facilities operated in conjunction with (whether or not
physically separate from) such facilities. Firms operating more than one establishment in
Vietnam should combine the data for all establishments into a single report.
I‐3.
I‐4.
Related producers.‐‐Does your firm or any related firm produce, have the capability to produce,
or have any plans to produce SRC pipe and tube in the United States or other countries?
No
Yes
If yes, please name the firm(s) and country(ies) below and, if U.S.
producer(s), ensure that they complete the Commission’s producer
questionnaire.
Related U.S. importers.‐‐Does your firm or any related firm import or have any plans to import
SRC pipe and tube into the United States?
No
Yes
If yes, please name the firm(s) below and ensure that they complete the
Commission’s importer questionnaire.
Business Proprietary
Foreign Producers’ Questionnaire – SRC Pipe and Tube (Preliminary)
I‐5.
I‐6.
I‐7.
Page 5
Stock symbol information.‐‐ If your firm or any of the entities reported in questions I‐2 through
I‐4 are publicly traded in the United States, please specify the stock exchange and trading
symbol (including American Depository Receipts, if applicable): .
External counsel.‐‐ If your firm or parent firm is represented by external counsel in relation to
this proceeding, please specify the name of the law firm and the lead attorney(s).
Law firm:
Lead attorney(s):
U.S. importers.‐‐Please provide the names, contacts, telephone numbers, and e‐mail addresses
of the FIVE largest U.S. importers of your firm’s SRC pipe and tube in 2019.
Importer’s name
Contact person
Email
Telephone
Share of your
firm’s 2019 U.S.
exports (%)
1
2
3
4
5
Business Proprietary
Foreign Producers’ Questionnaire – SRC Pipe and Tube (Preliminary)
Page 6
PART II.‐‐TRADE AND RELATED INFORMATION
Further information on this part of the questionnaire can be obtained from Jordan Harriman (202‐205‐
2610, [email protected]). Supply all data requested on a calendar‐year basis.
II‐1. Contact information.‐‐Please identify the responsible individual and the manner by which
Commission staff may contact that individual regarding the confidential information submitted
in part II.
Name
Title
Email
Telephone
II‐2a. Changes in operations.‐‐Please indicate whether your firm has experienced any of the following
changes in relation to the production of SRC pipe and tube since January 1, 2017.
(check as many as appropriate)
(If checked, please describe; leave blank if not applicable)
plant openings
plant closings
relocations
expansions
acquisitions
consolidations
prolonged shutdowns or
production curtailments
revised labor agreements
other (e.g., technology)
Business Proprietary
Foreign Producers’ Questionnaire – SRC Pipe and Tube (Preliminary)
Page 7
II‐2b. Anticipated changes in operations.‐‐Does your firm anticipate any changes in the character of
its operations or organization (as noted above) relating to the production of SRC pipe and tube
in the future?
No
Yes
If yes, supply details as to the time, nature, and significance of such
changes and provide underlying assumptions.
II‐3a. Production using same machinery.‐‐Please report your firm’s production of products using the
same equipment, machinery, or employees as used to produce SRC pipe and tube, and the
combined production capacity on this shared equipment, machinery, or employees in the
periods indicated.
“Overall production capacity” or “capacity” –The level of production that your
establishment(s) could reasonably have expected to attain during the specified periods for all
products manufactured in that establishment using the same manufacturing equipment.
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).
Note.‐‐If your firm does not produce any out‐of‐scope merchandise on the same machinery and
equipment as scope merchandise then the "overall production capacity" numbers reported in
this question should be exactly equal to the "average production capacity" numbers reported in
question II‐8. If, however, your firm does produce out‐of‐scope merchandise using the same
machinery and equipment as scope merchandise, then the "average production capacity"
reported in question II‐8 should exclude the portion of "overall production capacity" that was
used to produce this out‐of‐scope merchandise.
“Production” ‐‐All production in your establishment(s) in Vietnam, including production
consumed internally within your firm.
Business Proprietary
Foreign Producers’ Questionnaire – SRC Pipe and Tube (Preliminary)
Page 8
II‐3a. Production using same machinery.‐‐Continued.
Quantity (in 1,000 pounds)
Calendar years
Item
2017
1
Overall production capacity
Production of:
SRC pipe and tube2
3
Other products
Total production using
same machinery or workers
2018
January‐March
2019
2019
2020
0
0
0
0
0
0
0
0
0
0
1
Data reported for capacity (first line) should be greater than data reported for total production (last line).
Data entered for production of SRC pipe and tube will populate here once reported in question II‐8.
3
Please identify these products: .
2
II‐3b. Operating parameters.‐‐The production capacity reported in II‐3a is based on the following
operating paramaters:
Hours per week
Weeks per year
II‐3c.
Capacity calculation.‐‐Please describe the methodology used to calculate overall production
capacity reported in II‐3a, and explain any changes in reported capacity.
II‐3d. Production constraints.‐‐Please describe the constraint(s) that set the limit(s) on your firm’s
production capacity.
Business Proprietary
Foreign Producers’ Questionnaire – SRC Pipe and Tube (Preliminary)
II‐4.
Page 9
Product shifting.—
(a).
Is your firm able to switch production (capacity) between SRC pipe and tube and other
products using the same equipment and/or labor?
No
Yes
If yes—(i.e., have produced other products or are able to produce other
products) Please identify other actual or potential products.
(b).
Please describe the factors that affect your firm’s ability to shift production capacity
between products (e.g., time, cost, relative price change, etc.), and the degree to which
these factors enhance or constrain such shifts.
II‐5.
Share of sales.‐‐What percentage of your firm’s total sales in its most recent fiscal year was
represented by sales of SRC pipe and tube? percent.
II‐6a. Firm's estimated share of production in Vietnam.‐‐Please estimate the percentage of total
production of SRC pipe and tube in Vietnam accounted for by your firm’s production in 2019.
percent.
II‐6b. Firm's estimated share of exports from Vietnam.‐‐Please estimate the percentage of total
exports to the United States of SRC pipe and tube from Vietnam accounted for by your firm’s
exports in 2019. percent.
II‐7. Third country trade actions.‐‐Is the SRC pipe and tube exported by your firm subject to
antidumping/countervailing duty/safeguard findings, remedies, or proceedings?
No
Yes
If yes‐‐List the products(s), countries affected, and the date of such
findings/remedies/proceedings.
Business Proprietary
Foreign Producers’ Questionnaire – SRC Pipe and Tube (Preliminary)
II‐8.
Page 10
Trade data.‐‐Report your firm’s production capacity, production, shipments, and inventories
related to the production of SRC pipe and tube in your establishment(s) in Vietnam during the
specified periods. Do not include resales of SRC pipe and tube that your firm did not produce in
this question; those data to the degree they are exported to the United States should only be
reported in question II‐9.
Do not submit data by manufacturing facility if they are in the same country. If your firm has
multiple manufacturing establishments within one country, you are required to combine data
for those establishments within one foreign producer questionnaire response.
“Average production capacity” or “capacity” –The level of production that your
establishment(s) could reasonably have expected to attain during the specified periods for all
products manufactured in that establishment using the same manufacturing equipment.
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 Vietnam, including production
consumed internally within your firm.
“Shipments”‐‐Shipments of products produced in your establishment(s) in Vietnam. Quantities
reported should be net of returns.
“Home market commercial shipments”‐‐Shipments, other than internal consumption and
transfers to related firms, within Vietnam.
“Home market internal consumption/transfers to related firms”‐‐Shipments made to
related firms in Vietnam, including product consumed internally by your firm.
“Export shipments”‐‐Shipments to destinations outside of the country indicated on page 1
(Vietnam), including shipments to related firms.
“Inventories”‐‐Finished goods inventory, not raw materials or work‐in‐progress.
Note: As requested in Part I of this questionnaire, please keep all supporting documents/records
used in the preparation of the trade data, as Commission staff may contact your firm regarding
questions on the trade data. The Commission may also request that your company submit copies
of the supporting documents/records (such as production and sales schedules, inventory records,
etc.) used to compile these data.
Business Proprietary
Foreign Producers’ Questionnaire – SRC Pipe and Tube (Preliminary)
II‐8.
Page 11
Trade data.‐‐Continued.
Quantity (in 1,000 pounds)
Actual experience
Calendar year
Item
2017
2
2018
Projections1
January‐March
2019
2019
2020
Calendar year
2020
2021
Average production capacity (A)
Beginning‐of‐period inventories (B)
Production (C)
Home market shipments:
Internal consumption/ transfers
(D)
Total exports (H)
(should equal F+G)
0
0
0
0
0
0
0
Total shipments (I)
(should equal D+E+F+G)
0
0
0
0
0
0
0
Commercial shipments (E)
Exports to the United States (F)
3
Exports to all other markets (G)
End‐of‐period inventories (J)
1
Please explain the basis for your firm’s projections. .
The production capacity reported is based on operating hours per week, weeks per year. Please
describe the methodology used to calculate production capacity, and explain any changes in reported capacity. .
3
Identify principal other export markets. .
2
RECONCILIATION OF SHIPMENTS, PRODUCTION, AND INVENTORY.‐‐Generally, the data reported for the
end‐of‐period inventories (i.e., line J) should be equal to the beginning‐of‐period inventories (i.e., line B),
plus production (i.e., line C), less total shipments (i.e., lines D, E, F, and G). Please ensure that any
differences are not due to data entry errors in completing this form, but rather actually reflect your firm’s
records; and also provide any likely explanations for any differences (e.g., theft, loss, damage, record
systems issues, etc.) if they exist.
Actual experience
Projections
Calendar year
Item
2017
2018
January‐March
2019
2019
2020
Calendar year
2020
2021
B + C – D – E – F –G – J = should equal
zero ("0") or provide an explanation.1
0
0
0
0
0
0
1
Explanation if the calculated fields above are returning values other than zero (i.e., “0”) but are nonetheless
accurate: .
0
Business Proprietary
Foreign Producers’ Questionnaire – SRC Pipe and Tube (Preliminary)
II‐9.
Page 12
Exports to the United States not produced by your firm.‐‐Report your firm’s exports to the
United States of SRC pipe and tube that was produced in Vietnam but not by your firm during
the specified periods. Note these data should not be included in question II‐8.
Quantity (in 1,000 pounds)
Actual experience
Calendar year
Item
Exports of SRC pipe and tube to
the United States not produced
by your firm1
2017
2018
Projections
January‐March
2019
2019
2020
Calendar year
2020
2021
1
List the producer(s). .
II‐10. Other explanations.‐‐If your firm would like to further explain a response to a question in Part II
for which a narrative box was not provided, please note the question number and the
explanation in the space provided below. Please also use this space to highlight any issues your
firm had in providing the data in this section, including but not limited to technical issues with
the MS Word questionnaire.
Business Proprietary
Foreign Producers’ Questionnaire – SRC Pipe and Tube (Preliminary)
Page 13
Correcting Valid number error messages.‐‐If you are completing a Commission
questionnaire in a country that uses periods (“.”) to delineate multiples of 1000 (e.g., one million would
appear as $1.000.000 instead of as $1,000,000), you may be unable to enter in numbers greater than
999 in numeric form fields. This issues stem from your computer number formatting setting (e.g., not
the MS Word document itself, but the computer from which you are opening up the document). In the
United States commas (,) delineate multiples of 1000 and periods (.) delineate fractions less than one.
Many EU countries use the reverse where multiples of 1000 are delineated with periods (.) and
fractions less than one are delineated with commas (,). The U.S. International Trade Commission’s
questionnaires are set‐up in the United States with the U.S. number formatting. When this formatting
interacts with a computer set to EU number formatting, we believe this may cause this issue.
The solution to this data entry issue is to temporarily change your operating system’s number
formatting to be consistent with the U.S. number formatting system while you complete the
questionnaire.
To temporarily change your computer’s number settings to U.S. settings, please do the following (for
Microsoft Windows Operating system):
START
Control Panel
Region and Language (under Clock, Language, and Region category)
Format tab
Change the Format from your existing one (e.g. “Italian (Italy)”) to “English (United States)” (see
screen shots below)
When you do this the number “twelve million dollars and thirty five cents” would change from
$12.000.000,35 (Italy format) to $12,000,000.35 (U.S. format), and then there will be no conflict with
the USITC foreign producer questionnaire form. When you finish reporting the data then you can close
the questionnaire and switch back to Italy settings.
Business Proprietary
Foreign Producers’ Questionnaire – SRC Pipe and Tube (Preliminary)
Page 14
Business Proprietary
Foreign Producers’ Questionnaire – SRC Pipe and Tube (Preliminary)
Page 15
HOW TO FILE YOUR QUESTIONNAIRE RESPONSE
This questionnaire is available as a “fillable” form in MS Word format on the
Commission’s website at:
https://www.usitc.gov/investigations/701731/2020/seamless_refined_copper_pipe_an
d_tube_vietnam/preliminary.htm.
Please do not attempt to modify the format or permissions of the questionnaire
document. Please submit the completed questionnaire 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 MS Word questionnaire 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: SRCP
• E‐mail.—E‐mail your questionnaire to [email protected]; include a scanned copy of the
signed certification page (page 1). Submitters are strongly encouraged to encrypt nonpublic documents
that are electronically transmitted to the Commission to protect your sensitive information from
unauthorized disclosure. The USITC secure drop‐box system and the Electronic Document Information
System (EDIS) use Federal Information Processing Standards (FIPS) 140‐2 cryptographic algorithms to
encrypt data in transit. Submitting your nonpublic documents by a means that does not use these
encryption algorithms (such as by email) may subject your firm’s nonpublic information to unauthorized
disclosure during transmission. If you choose a non‐encrypted method of electronic transmission, the
Commission warns you that the risk of such possible unauthorized disclosure is assumed by you and not
by the Commission.
If your firm did not produce or export this product, please fill out page 1, print, sign, and submit a
scanned copy to the Commission.
Parties to this proceeding.—If your firm is a party to this proceeding, you are required to serve a copy of
the completed questionnaire on parties to the proceeding that are subject to administrative protective
order (see 19 CFR § 207.7). A list of such parties may be obtained from the Commission’s Secretary (202‐
205‐1803). A certificate of service must accompany the completed questionnaire you submit (see 19 CFR
§ 207.7). Service of the questionnaire must be made in paper form.
File Type | application/pdf |
File Title | Microsoft Word - Foreign producers--Copper Tube (P) |
Author | jordan.harriman |
File Modified | 2020-07-01 |
File Created | 2020-07-01 |