High-pressure steel cylinders

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

U.S. Instructions Cylinders

High-pressure steel cylinders

OMB: 3117-0016

Document [pdf]
Download: pdf | pdf
INSTRUCTION BOOKLET
GENERAL INFORMATION, INSTRUCTIONS, AND
DEFINITIONS FOR COMMISSION QUESTIONNAIRES

High Pressure Steel Cylinders from China
Investigation Nos. 701-TA-480 and 731-TA-1188 (Preliminary)

Further information.--If you have any questions concerning the enclosed
questionnaire(s) or other matters related to this proceeding, you may contact
the following members of the Commission=s staff (Fax 202-205-3205):
Edward Petronzio, investigator (202-205-3176; E-mail edward.petronzio@USITC.GOV)
regarding general questions and trade and related information;
Charles Yost, auditor (202-205-3432; E-mail charles.yost@USITC.GOV)
regarding financial information; and
Clark Workman, economist (202-205-3248; E-mail clark.workman@USITC.GOV)
regarding pricing, market, and related information.

GENERAL INFORMATION
Background.--This proceeding was instituted in response to a petition filed on May 11, 2011 by
Norris Cylinder Company, Longview, Texas. Countervailing and/or antidumping duties may be
assessed on the subject imports as a result of this proceeding if the Commission makes an
affirmative determination of injury, threat, or material retardation, and if the U.S. Department of
Commerce makes an affirmative determination of subsidization and/or dumping.
Questionnaires and other information pertinent to this proceeding are available at
http://www.usitc.gov/trade_remedy/731_ad_701_cvd/investigations/2011/high_pressure_steel_c
ylinders/prelimphase.htm. Address all correspondence to the United States International Trade
Commission, Washington, DC 20436. Hearing-impaired individuals can obtain information
regarding this proceeding 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 May 25, 2011. 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 May 25, 2011. If
you do not use the enclosed envelope, please make sure the completed questionnaire is sent to the
attention of Edward Petronzio, Investigator. 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 this proceeding.
Service of questionnaire response(s).--In the event that your firm is a party to this proceeding,
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.
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).

2

GENERAL INFORMATION--Continued
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 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. In
addition, if your firm is a U.S. producer, the information you provide on your production and
imports of high pressure steel cylinders and your responses to the questions in Part I of the
producer questionnaire will be provided to the U.S. Department of Commerce, upon its request,
for use in connection with (and only in connection with) its requirement pursuant to section
702(c)(4) and 732(c)(4) of the Act (19 U.S.C. ' 1671a(c)(4) and 1673a(c)(4)) to make a
determination concerning the extent of industry support for the petition requesting this proceeding.
Any information provided to Commerce will be transmitted under the confidentiality and release
guidelines set forth above. Your response to these questions constitutes your consent that such
information be provided to Commerce under the conditions described above.

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 proceeding (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.

3

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/2011/high_press
ure_steel_cylinders/prelimphase.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.
• Upload via Secure Drop Box.—Upload the completed questionnaire in MS Word format 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: OINV

• 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. 1188. 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.
4

DEFINITIONS
High pressure steel cylinders--, Seamless steel cylinders designed to store and secure gases at
high pressure during transport (“high pressure steel cylinders”). High pressure steel cylinders are
fabricated of chrome alloy steel including, without limitation, chromium-molybdenum steel or
chromium magnesium steel, and marked with the symbol of a U.S. Department of Transportation,
Pipeline and Hazardous Materials Safety Administration (“DOT”)-approved high pressure steel
cylinder manufacturer, as well as with an approved DOT type marking of DOT 3A, 3AX, 3AA,
3AAX, 3B, 3E, 3HT, 3T, or DOT-3 (followed by a specific exemption number). High pressure
steel cylinders covered by these investigations have a water capacity up to 450 liters, and a gas
capacity ranging from 8 to 702 cubic feet, regardless of corresponding service pressure levels and
regardless of physical dimensions, finish, or coatings.
Excluded are high pressure steel cylinders manufactured to UN-ISO-9809-1 & 2 specifications
and marked with ISO or UN symbols. Also excluded from these investigations are acetylene
cylinders, with or without internal porous mass, and marked 8A or 8AL in accordance with DOT
regulations.
Merchandise covered by these investigations is classified in the Harmonized Tariff Schedule of
the United States (“HTSUS”) under the statistical reporting number 7311.00.0030. Subject
merchandise may also enter under statistical reporting number 7311.00.0090. Although the
HTSUS subheading is provided for convenience and customs purposes, the written description of
the merchandise under these investigations is dispositive.
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 involved in the production, importation, and/or purchase
of high pressure steel cylinders (as defined above), including auxiliary facilities operated in
conjunction with (whether or not physically separate from) such facilities.
United States.--For purposes of this proceeding, 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 high pressure steel cylinders (as defined above) into the United States from a foreign
manufacturer or through its selling agent.

5

DEFINITIONS--Continued
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 at the U.S. port of
entry, including ocean freight and insurance costs, brokerage charges, and import duties (i.e., all
charges except inland freight in the United States).
Purchaser.--Any person or firm engaged, either directly or through a parent company or
subsidiary, in purchasing high pressure steel cylinders (as defined above) from another firm that
produces, imports, or otherwise distributes high pressure steel cylinders.
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 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.
DEFINITIONS--Continued
6

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.
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).
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 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. For the
January-March periods, calculate similarly and divide by 3.
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.

7


File Typeapplication/pdf
File TitleMicrosoft Word - U.S. Instructions Cylinders.doc
Authoredward.petronzio
File Modified2011-05-12
File Created2011-05-12

© 2024 OMB.report | Privacy Policy