Magnesia Carbon Bricks from China and Mexico (Final)

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

MCB Foreign Instructions final for MAIL

Magnesia Carbon Bricks from China and Mexico (Final)

OMB: 3117-0016

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INSTRUCTION BOOKLET

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

Certain Magnesia Carbon Bricks from China and Mexico
Investigation Nos. 701-TA-468 and 731-TA-1166-1167 (Final)

Further information.--If you have any questions concerning the enclosed
questionnaire(s) or other matters related to these investigations, you may contact
the following member of the Commission=s staff (Fax 202-205-3205):
Elizabeth Haines, investigator (202-205-3200; E-mail Elizabeth.haines@USITC.GOV)

GENERAL INFORMATION
Background.--These investigations were instituted in response to a petition filed on July 29, 2009
by Resco Products Inc. Countervailing and antidumping duties may be assessed on the subject
imports as a result of these investigations if the Commission makes affirmative determinations of
injury, threat, or material retardation, and if the U.S. Department of Commerce makes affirmative
determinations of subsidization and/or dumping.
Questionnaires and other information pertinent to these investigations are available at
http://www.usitc.gov/trade_remedy/731_ad_701_cvd/investigations/2010/magnesia_carbon_bric
ks/finalphase.htm. Address all correspondence to the United States International Trade
Commission, Washington, DC 20436. Hearing-impaired individuals can obtain information
regarding these investigations 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 June 14, 2010. 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 June 14, 2010. If
you do not use the enclosed envelope, please make sure the completed questionnaire is sent to the
attention of Elizabeth Haines. 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 investigations
Service of questionnaire response(s).--In the event that your firm is a party to these investigations,
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 investigations, 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 these investigations or other import-injury investigations
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 these investigations (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 or Mexico.--Report the requested data for your
establishment(s) located in China or Mexico. 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
http://www.usitc.gov/trade_remedy/731_ad_701_cvd/investigations/2010/magnes
ia_carbon_bricks/finalphase.htm . 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. NOS. 701-TA-468 and 731-TA-1166-1167
(Final). 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 investigations, and service of the questionnaire is required, such
service should be made in paper form.

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DEFINITIONS
Certain magnesia carbon bricks (“MCB”).-- Imports covered by this petition consist of certain
chemically bonded (resin or pitch), magnesia carbon bricks with a magnesia component of at least
70 percent magnesia (‘‘MgO’’) by weight, regardless of the source of raw materials for the MgO,
with carbon levels ranging from trace amounts to 30 percent by weight, regardless of
enhancements, (for example, magnesia carbon bricks can be enhanced with coating, grinding, tar
impregnation or coking, high temperature heat treatments, anti-slip treatments or metal casing)
and regardless of whether or not antioxidants are present (for example, antioxidants can be added
to the mix from trace amounts to 15 percent by weight as various metals, metal alloys, and metal
carbides). Certain magnesia carbon bricks that are the subject of these investigations are currently
classifiable under subheadings 6902.10.1000, 6902.10.5000, 6815.91.0000, and 6815.99 of the
Harmonized Tariff Schedule of the United States (‘‘HTSUS’’). While HTSUS subheadings are
provided for convenience and customs purposes, the written description is dispositive. On
February 24, 2010, Commerce issued a memorandum confirming that ceramic bonded magnesia
bricks are not included in the scope of the investigations.
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 or Mexico involved in the production of certain
magnesia carbon bricks (as defined above), including auxiliary facilities operated in conjunction
with (whether or not physically separate from) such facilities.
United States.--For purposes of these investigations, 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 certain magnesia carbon bricks (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 or Mexico, including production
consumed internally within your firm.
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DEFINITIONS--Continued
Shipments.--Shipments of products produced in your establishment(s) in China or Mexico.
Quantities reported should be net of returns.
Home market commercial shipments.--Shipments, other than internal consumption and
transfers to related firms, within China or Mexico.
Home market internal consumption/transfers to related firms.--Shipments made to
related firms in China or Mexico, including product consumed internally by your firm.
Export shipments.--Shipments to destinations outside China or Mexico, including
shipments to related firms.
Inventories.--Finished goods inventory, not raw materials or work-in-progress.

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File Typeapplication/pdf
File TitleMicrosoft Word - MCB Foreign Instructions final for MAIL.doc
Authorelizabeth.haines
File Modified2010-05-13
File Created2010-05-13

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