OMB No. 3117-0016/USITC No. 16-2-3520; Expiration Date: 6/30/2017
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U.S. IMPORTERS’ QUESTIONNAIRE
SEAMLESS REFINED COPPER PIPE AND TUBE FROM CHINA AND MEXICO
This questionnaire must be received by the Commission by August 11, 2016
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 review of the antidumping duty orders concerning seamless refined copper pipe and tube (“SRC pipe and tube”) from China and Mexico (Inv. Nos. 731-TA-1174-1175 (Review)). The information requested in the questionnaire is requested under the authority of the Tariff Act of 1930, title VII. This report is mandatory and failure to reply as directed can result in a subpoena or other order to compel the submission of records or information in your firm’s possession (19 U.S.C. § 1333(a)).
Name of firmAddress
City State Zip Code
Website
Has your firm imported SRC pipe and tube (as defined on the next page) from any country at any time since January 1, 2010?
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 reviews or reviews 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 investigation or other proceeding 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 reviews, 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
Phone:
Signature Email address
Fax:
Business Proprietary
U.S. Importers’ Questionnaire – SRC pipe and tube Page 23
PART I.—GENERAL INFORMATION
Background. On November 22, 2010, the Department of Commerce issued antidumping duty orders on imports of SRC pipe and tube from China and Mexico. On October 1, 2015, the Commission instituted reviews 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. If both the Commission and Commerce make affirmative determinations, the orders will remain in place. If either the Commission or Commerce makes a negative determination(s), the Department of Commerce will revoke the order(s). Questionnaires and other information pertinent to this proceeding are available at https://usitc.gov/reviews/701731/2015/seamless_refined_copper_pipe_and_tube_china_and/first_review_full.htm.
SRC pipe and tube covered by these reviews is “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).
The scope of these reviews 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. Also included within the scope are 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
Excluded from the scope of these orders are all seamless circular hollows of refined copper less than 12 inches in length whose OD (actual) exceeds its length. The products subject to these orders are currently classifiable under subheadings 7411.10.1030 and 7411.10.1090 of the Harmonized Tariff Schedule of the United States (“HTSUS”). Products subject to these reviews may also enter under HTSUS subheadings 7407.10.1500, 7419.99.5050, 8415.90.8065, and 8415.90.8085. Although the HTSUS subheadings are provided for convenience and customs purposes, the written description of the scope of these orders 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.
I-1. OMB statistics.--Please report below the actual number of hours required and the cost to your
firm of completing this questionnaire.
Hours / DollarsThe 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 40 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 Reviews, USITC, 500 E St. SW, Washington, DC 20436.
I-2. Establishments covered.--Provide the name and address of establishment(s) covered by this questionnaire. If your firm is publicly traded, please specify the stock exchange and trading symbol.
“Establishment”Each facility of a firm involved in the importation of SRC pipe and tube, including auxiliary facilities operated in conjunction with (whether or not physically separate from) such facilities.
I-3. Ownership.--Is your firm owned, in whole or in part, by any other firm?
No Yes--List the following information.
Firm name / Address / Extent of ownership(percent)
I-4. Related SUBJECT importers/exporters.--Does your firm have any related firms, either domestic or foreign, that are engaged in importing SRC pipe and tube from China and/or Mexico into the United States or that are engaged in exporting SRC pipe and tube from China and/or Mexico to the United States?
No Yes--List the following information.
Firm name / Address / Extent of ownership(percent)
I-5. Related NONSUBJECT importers/exporters.--Does your firm have any related firms, either domestic or foreign, that are engaged in importing SRC pipe and tube from countries other than China and/or Mexico into the United States or that are engaged in exporting SRC pipe and tube from countries other than China and/or Mexico to the United States?
No Yes--List the following information.
Firm name / Address / Extent of ownership(percent)
I-6. Related producers.--Does your firm have any related firms, either domestic or foreign, that are engaged in the production of SRC pipe and tube?
No Yes--List the following information.
Firm name / Address / Extent of ownership(percent)
I-7. Importing operations.--Please indicate the nature of your firm’s importing operations on SRC pipe and tube. More than one answer may be applicable.
Importer of record / Takes title to the imported product(s) / Consignee of the imported products(s) / Customs broker or freight forwarderI-8. Consignees.--If your firm is an importer of record of SRC pipe and tube but is not the consignee, please list the consignees below (firm name, address, telephone number, and individual to contact).
Firm name / Address / Contact person and phone numberI-9. FTZ, TIB, or bonded warehouses.--Please indicate whether your firm enters SRC pipe and tube into, or withdraws such merchandise from, foreign trade zones or bonded warehouses. Also indicate whether your firm imports SRC pipe and tube under the TIB (temporary importation under bond) program.
“Foreign trade zone” is a designated location in the United States where firms utilize special procedures that allow delayed or reduced customs duty payments on foreign merchandise, as well as other savings. A foreign trade zone must be designed as such pursuant to the rules and procedures set forth in the Foreign-Trade Zones Act.
“Bonded warehouse” is a secured facility supervised by U.S. customs, where dutiable landed imports are stored pending their re-export, or release after payment of import duties, taxes, and other charges. A bonded warehouse must be designed as such pursuant to the rules and procedures set forth in 19 U.S.C. § 1555.
“Temporary Importation under Bond (“TIB”) program” is a procedure whereby, imported merchandise may be entered under certain conditions for a limited time into the United States free of duty. Under the program, an importer posts a bond for twice the amount of duty, taxes, etc. that would otherwise be owed on the importation and agrees to export or destroy the merchandise within a specified time or pay liquidated damages. This program is restricted to certain categories of merchandise listed in subheadings 9813.00.05 through 9813.00.75 of the Harmonized Tariff Schedule (HTS).
No / YesForeign trade zones
Bonded warehouses
Temporary importation under bond
I-10. Business plan.--In Parts II and III of this questionnaire we request a copy of your company’s business plan. Does your company or any related firm have a business plan or any internal documents that describe, discuss, or analyze expected market conditions for SRC pipe and tube?
No Yes–Please provide the requested documents. If you are not providing the requested documents, please explain why not.
I-11. Other reviews.--To your knowledge, have the products subject to this proceeding been the subject of any other import relief reviews in the United States or in any other countries?
No Yes–Please specify.
PART II.--TRADE AND RELATED INFORMATION
Further information on this part of the questionnaire can be obtained from Lawrence Jones (202-205-3358, ). 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.
NameTitle
Telephone
Fax
II-2. Changes in operations.--Please indicate whether your firm has experienced any of the following changes in relation to the importation of SRC pipe and tube since January 1, 2010.
Check as many as appropriate. / If checked, please describe; leave blank if not applicable.Office/warehouse openings
Office/warehouse closings
Relocations
Expansions
Acquisitions
Consolidations
Prolonged shutdowns or importation curtailments
Revised labor agreements
Other (e.g., technology)
II-3. Anticipated changes in operations.--Does your firm anticipate any changes in the character of your operations or organization (as noted above) relating to the importation of SRC pipe and tube in the future?
For question II-4, if your firm’s response differs for particular orders, please indicate and explain the particular effect of revocation of specific orders.