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pdfINSTRUCTION BOOKLET
GENERAL INFORMATION, INSTRUCTIONS, AND
DEFINITIONS FOR COMMISSION QUESTIONNAIRES
Hot-Rolled Flat-Rolled Carbon-Quality Steel Products
from Brazil, Japan, and Russia
Investigation Nos. 701-TA-384 and 731-TA-806-808 (Second Review)
Further information.--If you have any questions concerning the enclosed
questionnaire(s) or other matters related to these reviews, you may contact
the following members of the Commission=s staff (Fax 202-205-3205):
Joshua Kaplan, investigator (202-205-3184; E-mail joshua.kaplan@usitc.gov)
regarding general questions and trade and related information;
David Boyland, auditor (202-708-4725; E-mail david.boyland@usitc.gov)
regarding financial information; and
Craig Thomsen, economist (202-205-3226; E-mail craig.thomsen@usitc.gov)
regarding pricing, market, and related information.
GENERAL INFORMATION
Background.-- On June 29, 1999, the Department of Commerce (Commerce) issued an
antidumping duty order on imports of hot-rolled steel products from Japan (64 F.R. 34778).
Effective July 6, 1999, Commerce suspended the countervailing duty and antidumping duty
investigations on such imports from Brazil (64 F.R. 38792 and 38797, July 19, 1999) and,
effective July 12, 1999, Commerce suspended the antidumping duty investigation on such imports
from Russia (64 F.R. 38642, July 19,1999). Subsequent to the termination of the suspension
agreement with respect to the antidumping duty investigation on imports of hot-rolled steel
products from Brazil (67 F.R. 6226, February 11, 2002), Commerce issued an antidumping duty
order on such imports (67 F.R. 11093, March 12, 2002). Effective September 26, 2004, Commerce
terminated the suspension agreement with respect to the countervailing duty investigation on such
imports from Brazil and issued a countervailing duty order on such imports (69 F.R. 56040).
On May 3, 2004, 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 and
termination of the suspension agreement would be likely to lead to continuation or recurrence of
material injury to the domestic industry within a reasonably foreseeable time (69 F.R. 24189).
Following five year reviews by Commerce and the Commission, effective May 12, 2005,
Commerce issued a continuation of the countervailing duty order on hot-rolled steel from Brazil
(70 F.R. 30417, May 26, 2005), the antidumping duty orders on hot-rolled steel from Brazil and
Japan (70 FR 30413, May 26, 2005), and the suspended investigation on imports of
hot-rolled steel from Russia (70 F.R. 32571, June 3, 2005).
On April 1, 2010, 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 and
termination of the suspension agreement would be likely to lead to continuation or recurrence of
material injury to the domestic industry within a reasonably foreseeable time (75 F.R. 16504).
Each order and suspension agreement for which the Commission and Commerce make affirmative
determinations will remain in place. If the Commission makes a negative determination on a
particular order or suspension agreement, the Department of Commerce will revoke that order or
terminate that suspension agreement.
Questionnaires and other information pertinent to these reviews are available at
http://www.usitc.gov/trade_remedy/731_ad_701_cvd/investigations/2010/hot_rolled_steel__br_jp_ru//reviewphase.htm Address all correspondence to the United States International
Trade Commission, Washington, DC 20436. Hearing-impaired individuals can obtain
information regarding these reviews via the Commission=s TDD terminal (202-205-1810).
Due date of questionnaire(s).—Except where instructed otherwise, return the completed
questionnaire(s) to the United States International Trade Commission by no later than January 10,
2011. Certain sections of the U.S. producers’ questionnaire pertaining to 2010 data are to be
submitted in a separate filing by February 7, 2011 (these sections have been identified in the
producer questionnaire). Use of an overnight mail service may be necessary to ensure that your
response actually reaches the Commission by January 10. Please make sure the completed
questionnaire is sent to the attention of Joshua Kaplan (U.S. Producer, Importer, and Foreign
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Producer questionnaires) or Craig Thomsen (Purchaser questionnaires). 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
reviews.
Service of questionnaire response(s).--In the event that your firm is a party to these reviews, 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 reviews, 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 reviews 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
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 reviews (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.
Filing instructions.—Questionnaires may be filed either electronically or in paper form.
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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/investigations/2010/hot
_rolled_steel_-_br_jp_ru//reviewphase.htm.
Please do not attempt to modify the format or permissions of the questionnaire
document. You may complete the questionnaire and submit it, electronically, or
you may print it out and submit it in paper form, as described below:
• 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. 701-384. 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.
• Fax.—Fax to 202.205.3205.
• 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
• 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.
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
Hot-Rolled Flat-Rolled Carbon-Quality Steel Products (“hot-rolled steel”) –
For purposes of these orders, the products covered are hot-rolled flat-rolled carbon-quality steel
products of a rectangular shape, of a width of 0.5 inch or greater, neither clad, plated, nor coated
with metal and whether or not painted, varnished, or coated with plastics or other non-metallic
substances, in coils (whether or not in successively superimposed layers) regardless of thickness,
and in straight lengths, of a thickness less than 4.75 mm and of a width measuring at least 10 times
the thickness. Universal mill plate (i.e., flat-rolled products rolled on four faces or in a closed box
pass, of a width exceeding 150 mm but not exceeding 1250 mm and of a thickness of not less than
4 mm, not in coils and without patterns in relief) of a thickness not less than 4.0 mm is not included
within the scope of these investigations. Specifically included in this scope are vacuum degassed,
fully stabilized (commonly referred to as interstitial-free (“IF”)) steels, high strength low alloy
(“HSLA”) steels, and the substrate for motor lamination steels. IF steels are recognized as low
carbon steels with micro-alloying levels of elements such as titanium and/or niobium added to
stabilize carbon and nitrogen elements. HSLA steels are recognized as steels with micro-alloying
levels of elements such as chromium, copper, niobium, titanium, vanadium, and molybdenum.
The substrate for motor lamination steels contains micro-alloying levels of elements such as
silicon and aluminum.1
Steel products to be included in the scope of these orders, regardless of Harmonized Tariff
Schedule of the United States (“HTSUS”) definitions, are products in which: (1) iron
predominates, by weight, over each of the other contained elements; (2) the carbon content is 2
percent or less, by weight; and (3) none of the elements listed below exceeds the quantity, by
weight, respectively indicated: 1.80 percent of manganese, or 1.50 percent of silicon, or 1.00
percent of copper, or 0.50 percent of aluminum, or 1.25 percent of chromium, or 0.30 percent of
cobalt, or 0.40 percent of lead, or 1.25 percent of nickel, or 0.30 percent of tungsten, or 0.012
percent of boron, or 0.10 percent of molybdenum, or 0.10 percent of niobium, or 0.41 percent of
titanium, or 0.15 percent of vanadium, or 0.15 percent of zirconium. All products that meet the
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Hot-rolled steel imported under the following statistical reporting numbers of the Harmonized
Tariff Schedule of the United States (HTSUS): 7208.10.1500, 7208.10.3000, 7208.10.6000,
7208.25.3000, 7208.25.6000, 7208.26.0030, 7208.26.0060, 7208.27.0030, 7208.27.0060,
7208.36.0030, 7208.36.0060, 7208.37.0030, 7208.37.0060, 7208.38.0015, 7208.38.0030,
7208.38.0090, 7208.39.0015, 7208.39.0030, 7208.39.0090, 7208.40.6030, 7208.40.6060,
7208.53.0000, 7208.54.0000, 7208.90.0000, 7210.70.3000, 7210.90.9000, 7211.14.0030,
7211.14.0090, 7211.19.1500, 7211.19.2000, 7211.19.3000, 7211.19.4500, 7211.19.6000,
7211.19.7530, 7211.19.7560, 7211.19.7590, 7212.40.1000, 7212.40.5000, 7212.50.0000.
Hot-rolled flat-rolled carbon-quality steel covered by these orders, including: vacuum degassed,
fully stabilized; high strength low alloy; and the substrate for motor lamination steel may also
enter under the following tariff numbers: 7225.11.0000, 7225.19.0000, 7225.30.3050,
7225.30.7000, 7225.40.7000, 7225.99.0090, 7226.11.1000, 7226.11.9030, 7226.11.9060,
7226.19.1000, 7226.19.9000, 7226.91.5000, 7226.91.7000, 7226.91.8000, 7226.99.0000, and
7226.99.0180. Although the HTSUS subheadings are provided for convenience and customs
purposes, the written description of the merchandise under order is dispositive.
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DEFINITIONS--Continued
physical and chemical description provided above are within the scope of this order unless
otherwise excluded.
Exclusions ---The following products, by way of example, are outside and/or specifically
excluded from the scope of these reviews:
Group A -- Alloy hot-rolled steel products in which at least one of the chemical elements exceeds
those listed above (including e.g., ASTM specifications A543, A387, A514, A517, and A506);
SAE/AISI grades of series 2300 and higher; Ball bearing steels, as defined in the HTSUS; Tool
steels, as defined in the HTSUS; Silico-manganese (as defined in the HTSUS) or silicon electrical
steel with a silicon level exceeding 1.50 percent; ASTM specifications A710 and A736; and USS
abrasion-resistant steels (USS AR 400, USS AR 500).
Group B -- Finally, the following specified products are excluded.
1. Hot-rolled steel coil which meets the following chemical, physical and mechanical
specifications:
C
Mn
P
S
Si
Cr
Cu
Ni
0.10-0.14%
0.90% Max
0.025%
Max
0.005%
Max
0.30-0.50%
0.50-0.70%
0.20-0.40%
0.20% Max
·
Width = 44.80 inches maximum; Thickness = 0.063-0.198 inches; Yield Strength = 50,000
psi minimum; and Tensile Strength = 70,000-88,000 psi.
2. Hot-rolled steel coil which meets the following chemical, physical and mechanical
specifications:
C
Mn
P
S
Si
Cr
Cu
Ni
Mo
0.10-0.16%
0.70-0.90
%
0.025%
Max
0.006%
Max
0.30-0.50
%
0.50-0.70
%
0.25%
Max
0.20%
Max
0.21%
Max
·
Width = 44.80 inches maximum; Thickness = 0.350 inches maximum; Yield Strength =
80,000 psi minimum; and Tensile Strength = 105,000 psi
3. Hot-rolled steel coil which meets the following chemical, physical and mechanical
specifications:
·
C
Mn
P
S
Si
Cr
Cu
Ni
V(wt)
Cb
0.10-0.14%
1.30-1.8
0%
0.025%
Max
0.005%
Max
0.30-0.5
0%
0.50-0.7
0%
0.20-0.4
0%
0.20%
Max
0.10
Max
0.08%
Max
Width = 44.80 inches maximum; Thickness = 0.350 inches maximum; Yield Strength =
80,000 psi minimum; and Tensile Strength = 105,000 psi Aim.
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DEFINITIONS--Continued
4. Hot-rolled steel coil which meets the following chemical, physical and mechanical
specifications:
C
Mn
P
S
Si
Cr
Cu
Ni
Nb
Al
0.15% Max
1.40%
Max
0.025%
Max
0.01%
Max
0.50%
Max
1.00%
Max
0.50%
Max
0.20%
Max
0.005%
Max
0.010.07%
Note: Treated with Ca.
·
Width = 39.37 inches; Thickness = 0.181 inches maximum; Yield Strength = 70,000 psi
minimum for thicknesses less than or equal to 0.148 inches and 65,000 psi minimum for
thicknesses > 0.148 inches; and Tensile Strength = 80,000 psi minimum.
5. Hot-rolled dual phase steel, phase-hardened, primarily with a ferritic-martensitic
microstructure, containing 0.9 percent up to and including 1.5 percent silicon by weight, further
characterized by either
·
(i) tensile strength between 540 N/mm2 and 640 N/mm2 and an elongation percentage
greater than or equal to 26 percent for thicknesses of 2 mm and above, or
·
(ii) a tensile strength between 590 N/mm2 and 690 N/mm2 and an elongation percentage
greater than or equal to 25 percent for thicknesses of 2mm and above.
6. Hot-rolled bearing quality steel, SAE grade 1050, in coils, with an inclusion rating of 1.0
maximum per ASTM E 45, Method A, with excellent surface quality and chemistry restrictions as
follows: 0.012 percent maximum phosphorus, 0.015 percent maximum sulfur, and 0.20 percent
maximum residuals including 0.15 percent maximum chromium.
7. Grade ASTM A570-50 hot-rolled steel sheet in coils or cut lengths, width of 74 inches (nominal,
within ASTM tolerances), thickness of 11 gauge (0.119 inch nominal), mill edge and skin passed,
with a minimum copper content of 0.20 percent.
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 hot-rolled steel (as defined above), including auxiliary facilities
operated in conjunction with (whether or not physically separate from) such facilities.
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DEFINITIONS--Continued
United States.--For purposes of these reviews, 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 hot-rolled steel (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 hot-rolled steel (as defined above) from another firm that produces,
imports, or otherwise distributes hot-rolled steel. 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.
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).
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DEFINITIONS--Continued
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.
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.
Continued Dumping and Subsidy Offset Act (Byrd Amendment) funds received.--Funds
disbursed by the Bureau of Customs and Border Protection under the Continued Dumping and
Subsidy Offset Act of 2000 (the AByrd Amendment@). The Byrd Amendment provides for the
annual distribution of the duties collected pursuant to antidumping and countervailing duty orders.
The distribution is available to Aaffected domestic producers for qualifying expenditures.@
Purchases other than direct imports.--Purchases from U.S. producers, U.S. importers, and other
U.S. sources.
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File Type | application/pdf |
File Title | Microsoft Word - Sunset US Instructions.doc |
Author | joshua.kaplan |
File Modified | 2010-11-15 |
File Created | 2010-11-15 |