OMB No. 3117-0016/USITC No. 16-2-3556; Expiration Date: 6/30/2017
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U.S. IMPORTERS’ QUESTIONNAIRE
CERTAIN BIAXIAL INTEGRAL GEOGRID PRODUCTS FROM CHINA
This questionnaire must be received by the Commission by October 26, 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 countervailing duty and antidumping duty investigations concerning certain biaxial integral geogrid products (“biaxial integral geogrids”) from China (Inv. Nos. 701-TA-554 and 731-TA-1309 (Final)). 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 biaxial integral geogrids (as defined on next page) or triaxial integral geogrids (as defined on next page) from any country at any time since January 1, 2013?
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 U.S. International Trade Commission Drop Box by clicking on the following link: https://dropbox.usitc.gov/oinv/. (PIN: GRID)
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. bBy 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 proceedings 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 investigations, 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 – Biaxial integral geogrids Page 5
PART I.—GENERAL INFORMATION
Background.--This proceeding was instituted in response to a petition filed on January 13, 2016, by Tensar Corporation, Morrow, Georgia. Countervailing and antidumping duties may be assessed on the subject imports as a result of these proceedings if the Commission makes an affirmative determination of injury, threat, or material retardation, and if the U.S. Department of Commerce (“Commerce”) makes an affirmative determination of subsidization and/or dumping. Questionnaires and other information pertinent to this proceeding are available at https://usitc.gov/investigations/701731/2016/certain_biaxial_integral_geogrid_products_china/final.htm_0.
IN-SCOPE MERCHANDISE
Biaxial integral geogrid covered by these investigations are a polymer grid or mesh material (whether or not finished, slit, cut-to-length, attached to woven or non-woven fabric or sheet material, or packaged) in which four-sided openings in the form of squares, rectangles, rhomboids, diamonds, or other four-sided figures predominate. The products covered have integral strands that have been stretched to induce molecular orientation into the material (as evidenced by the strands being thinner in width toward the middle between the junctions than at the junctions themselves) constituting the sides of the openings and integral junctions where the strands intersect. The scope includes products in which four-sided figures predominate whether or not they also contain additional strands intersecting the four-sided figures and whether or not the inside corners of the four-sided figures are rounded off or not sharp angles. As used herein, the term ‘‘integral’’ refers to strands and junctions that are homogenous with each other. The products covered have a tensile strength of greater than 5 kilonewtons per meter (‘‘kN/m’’) according to American Society for Testing and Materials (‘‘ASTM’’) Standard Test Method D6637/D6637M in any direction and average overall flexural stiffness of more than 100,000 milligram-centimeter according to the ASTM D7748/D7748M Standard Test Method for Flexural Rigidity of Geogrids, Geotextiles and Related Products, or other equivalent test method standards.
Subject merchandise includes material matching the above description that has been finished, packaged, or otherwise further processed in a third country, including by trimming, slitting, coating, cutting, punching holes, stretching, attaching to woven or nonwoven fabric or sheet material, or any other finishing, packaging, or other further processing that would not otherwise remove the merchandise from the scope of the investigations if performed in the country of manufacture of the biaxial integral geogrid.
The products subject to the scope are currently classified in the Harmonized Tariff Schedule of the United States (‘‘HTSUS’’) under the following subheading: 3926.90.9995. Subject merchandise may also enter under subheadings 3920.20.0050 and 3925.90.0000. The HTSUS subheadings set forth above are provided for convenience and U.S. Customs purposes only. The written description of the scope is dispositive.
OUT-OF-SCOPE MERCHANDISE
Triaxial integral geogrid are a polymer grid or mesh material (whether or not finished, slit, cut-to-length, attached to woven or non-woven fabric or sheet material, or packaged) in which three-sided openings in the form of triangles predominate. Triaxial integral geogrids have integral strands that have been stretched to induce molecular orientation into the material (as evidenced by the strands being thinner in width toward the middle between the junctions than at the junctions themselves) constituting the sides of the openings and integral junctions where the strands intersect. As referenced previously, the term ‘‘integral’’ refers to strands and junctions that are homogenous with each other. Triaxial integral geogrids are oriented in three directions and further directions can be added. Triaxial integral geogrids have a tensile strength of greater than 200 kilonewtons per meter (‘‘kN/m’’) according to American Society for Testing and Materials (‘‘ASTM’’) Standard Test Method D6637 in any direction and average overall flexural stiffness of more than 500,000 milligram-centimeter according to the ASTM D7748 Standard Test Method for Flexural Rigidity of Geogrids, Geotextiles and Related Products, or other equivalent test method standards.
Since the Commission defined the domestic like product as encompassing both in-scope biaxial integral geogrids and out-of-scope triaxial integral geogrids in its preliminary determination as to injury, this questionnaire in the final phase of these investigations seeks information on both product groups.
Geogrids.--For the purposes of this questionnaire, the term “geogrids” when referenced by itself refers to both biaxial integral geogrids and triaxial integral geogrids, but excludes any other type of geogrid not included in the definitions for biaxial and triaxial geogrids.
Importer.--Any person or firm engaged, either directly or through a parent company or subsidiary,
in importing biaxial integral geogrids (as defined above) into the United States from a foreign manufacturer or through its selling agent.
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, and/or purchaser 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.
The 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 Investigations, 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 biaxial integral geogrids, 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 importers/exporters.--Does your firm have any related firms, either domestic or foreign, that are engaged in importing biaxial integral geogrids from China into the United States or that are engaged in exporting biaxial integral geogrids from China to the United States?
No Yes--List the following information.
Firm name / Address / AffiliationI-5. Related producers.--Does your firm have any related firms, either domestic or foreign, that are engaged in the production of biaxial integral geogrids?
No Yes--List the following information.
Firm name / Address / AffiliationI-6. Importing operations.--Please indicate the nature of your firm’s importing operations on biaxial integral geogrids. 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-7. Consignee.--If your firm is an importer of record of biaxial integral geogrids 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 number
I-8. FTZ, TIB, or bonded warehouses.--Please indicate whether your firm enters biaxial integral geogrids into, or withdraws such merchandise from, foreign trade zones or bonded warehouses. Also indicate whether your firm imports biaxial integral geogrids 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 of the United States(HTS).
No / YesForeign trade zones
Bonded warehouses
Temporary importation under bond
I-9. Third-country trade activities.--To your knowledge, have the products subject to this proceeding been the subject of any other import relief proceedings 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 Hangyul Chang (202-205-3062, ). 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 geogrids since January 1, 2013.
(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. Arranged imports.--Has your firm imported or arranged for the importation of geogrids for delivery after September 30, 2016?