Chloropicrin from China 731-TA-130 (3rd review)

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

Chloropicrin Foreign instructions

Chloropicrin from China 731-TA-130 (3rd review)

OMB: 3117-0016

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INSTRUCTION BOOKLET

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

Chloropicrin from China
Investigation No. 731-TA-130 (Third Review)

Further information.--If you have any questions concerning the enclosed
questionnaire(s) or other matters related to this review, you may contact
the following member of the Commission=s staff (Fax 202-205-3205):
Cynthia Trainor, investigator (202-205-3354; E-mail cynthia.trainor@USITC.GOV)
regarding general questions and trade and related information; and
Joshua Levy, economist (202-205-3236; E-mail joshua.levy@USITC.GOV)
regarding market related information.

GENERAL INFORMATION
Background.--On March 22, 1984, the Department of Commerce issued an antidumping duty
order on imports of chloropicrin from China (49 F.R. 10691). On July 1, 2009, 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 (74 F.R.
31670). If the Commission makes an affirmative determination, the order will remain in place. If
the Commission makes a negative determination, the Department of Commerce will revoke the
order.
Questionnaires and other information pertinent to this review are available at
http://www.usitc.gov/trade_remedy/731_ad_701_cvd/investigations/2009/chloropicrin/reviewph
ase.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).--Return the completed questionnaire(s) to the United States
International Trade Commission by no later than December 16, 2009. Although the enclosed
postpaid envelope may be used to return the completed questionnaire, use of an overnight mail
service may be necessary to ensure that your response actually reaches the Commission by
December 16, 2009. If you do not use the enclosed envelope, please make sure the completed
questionnaire is sent to the attention of Cynthia Trainor. Return only one copy of the completed
questionnaire(s), but please keep a copy for your records so that you can refer to it if the
Commission staff contacts you with any questions during the course of the review.
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.

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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 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 investigations 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--designated as such by the letter
AE@--and explain the basis of your 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). If your firm is completing more than one
questionnaire in connection with this review (i.e., a producer, importer, purchaser, and/or foreign
producer questionnaire), you need not respond to duplicated questions in the questionnaires.
Consolidate all establishments in China.--Report the requested data for your establishment(s)
located in China. Firms operating more than one establishment should combine the data for
all establishments into a single report.
Filing instructions.—Questionnaires may be filed either in paper form or electronically.

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INSTRUCTIONS--Continued
OPTIONS FOR FILING IN PAPER FORM
• 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
• Fax.—Fax to 202.205.3205.
• 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.
OPTIONS FOR FILING ELECTRONICALLY
This questionnaire is available as a “fillable” form in MS Word format on the
Commission’s website at COPY AND PASTE LINK TO INVESTIGATION
FROM ACTIVE INVESTIGATIONS PAGE. Please do not attempt to modify
the format or permissions of the questionnaire document. You may complete the
questionnaire electronically, print it out, and submit it in paper form as described
above, or you may submit it electronically through one of the following means:
• 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.
• E-mail.—E-mail your questionnaire to the investigator identified on page 1 of the Instruction
Booklet; 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-TA-130 (Third Review). 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.
Note: If you are a party to the review, and service of the questionnaire is required, such service
should be made in paper form.

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DEFINITIONS
Product.—Chloropicrin, also known as trichloronitromethane, as covered by statistical reporting
number 2904.90.50.05 of the Harmonized Tariff Schedule of the United States (HTS).
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 China involved in the production of chloropicrin (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 chloropicrin (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
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 China, including production consumed
internally within your firm.

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

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File Typeapplication/pdf
File TitleT:\Active Cases\Chloropicin Review\Questionnaires\OMB Q Submission Form.wpd
Authorcynthia.trainor
File Modified2009-12-09
File Created2009-11-06

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