HOMEPAGE SPEEA MOTION ON CVD POSITION PAPER ON CVD ABOUT CVD

NOTE THIS IS A COPY OF A BLANK PETITION WITH THE GRAPHIC TABLE FORMS REMOVED. IT MAY BE MISSING A FEW LINES- IT IS SHOWN HERE ONLY FOR INFORMATION PURPOSES AND AS AN EXAMPLE.

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INTERNATIONAL TRADE ADMINISTRATION
DEPARTMENT OF COMMERCE
FORMAT FOR PETITION REQUESTING RELIEF
UNDER U.S. COUNTERVAILING DUTY LAW

The attached Format for Petition has been prepared in order to simplify the procedure for persons seeking to file a petition for relief under Title VII, Subtitle A, of the Tariff Act of 1930, as amended (19 U.S.C. 1671 ("the Act")). The petition should contain, or be accompanied by, information set out below, to the extent it is reasonably available to you. Upon the receipt of this information, either in the accompanying format or in any other form you deem appropriate, the International Trade Administration (ITA) will be able to consider the initiation of a countervailing duty proceeding. Such proceeding is administrative in nature and may result in the imposition of special countervailing duties on specific imports. If any questions arise while completing the petition, please contact the Import Administration Office of Policy and Analysis at: (202) 482-4412.

Imports of foreign merchandise are liable for special countervailing duties only after:

(1) a determination is made by the Assistant Secretary of Commerce for Import Administration that a countervailable subsidy is being provided with respect to the merchandise subject to the investigation; and

(2) a determination is made by the United States International Trade Commission (ITC) that an industry in the United States is being injured, threatened with injury, or materially retarded by reason of imports of such merchandise. Please note that no injury investigation is required with respect to subsidized imports from a country which is not a Subsidies Agreement country.

Before completing the attached Format for Petition, applicants should consult the Act, and, if necessary, discuss particular problems with an official of the ITA or the ITC at the addresses and telephone numbers noted below on page 2. While this Format for Petition is intended to elicit the basic information required by the DOC and ITC, under the law a petitioner may file a petition in any form suitable for presenting the data required. Where available, documentation and supporting information should be included. Furthermore, those completing and submitting a countervailing duty petition should clearly indicate if information requested by this questionnaire is unavailable and the reasons for such unavailability.

nformation for which proprietary (confidential) treatment is requested must clearly be marked as such on the pertinent pages with "Business Proprietary Treatment Requested." A nonproprietary summary or approximate presentation of the proprietary information should also be submitted, together with a statement of the basis for the proprietary treatment and, if necessary, why a summary or approximation cannot be prepared. A summary of figures regarded as proprietary should be provided and expressed in a range of not more than ten percent above or below the actual figures. An information sheet concerning proprietary information and administrative protective order release of proprietary information is attached. Any questions regarding the treatment of proprietary data should be directed to the Import Administration APO/Dockets Center at (202) 482-3354.

Any information submitted in the petition, or in support thereof, which is in a foreign language, must be accompanied by an English translation unless DOC waives this requirement, following a request by the petitioner.

A completed Format for Petition and cover letter should be furnished along with ten copies of the business proprietary version and five public versions, and should be addressed to:

Assistant Secretary for Import Administration
U.S. Department of Commerce
14th Street & Constitution Avenue, NW
Import Administration Dockets Center, Room 1870
Washington, D.C. 20230

ATTN:Assistant Secretary for
Import Administration

FOR:Director for Policy and Analysis
(202) 482-4412

Simultaneously, 14 copies of the completed guide (petition) and a cover letter that includes, if necessary, a request for proprietary treatment and a certification under oath that substantially identical information is not available to the public, should be sent to:

Secretary
U.S. International Trade Commission
500 E Street, SW
Washington, DC 20436

Phone: 202-205-2000
F
ORM: ITA 366-POMB No. 0625-0148
Expires:

Product:_
Country from
which imported

FORMAT FOR PETITION

SECTION A: GENERAL INFORMATION

(A-1)Provide the name, address, and telephone number of the petitioner and any person,firm, or association represented by the petitioner.
(A-2)Identify the industry and its members on whose behalf the petition is being filed. Also, provide the names of other persons included in this industry.

The use of this form is authorized by law (15 U.S.C. 1512 et seq., 15 U.S.C. 171 et seq.). Public reporting burden for this collection of information is estimated to average 40 hours per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to Reports Clearance Officer, International Trade Administration, Room 4001, U.S. Department of Commerce, Washington, D.C. 20230 and to the Office of Information and Regulatory Affairs, Office of Management and Budget, Paperwork Reduction Project (0625-0148), Washington, D.C. 20503

(A-3)Have you filed within the past 12 months, or are you now filing or planning to file, for other forms of import relief involving the merchandise in question? If so, explain the type of import relief sought and the status of such efforts.

(A-4)Identify other producers, or worker groups in the industry, including the percentage of domestic production each represents. State whether each party supports, opposes, or is neutral regarding the petition. If a position is unknown, leave column four blank. (See § 702(c)(4)(A) of the Act.)
(A-5)Explain how percentage of domestic production was calculated in (A-4), above.

(A-6)Identify any of the producers listed in (A-4) above, who are related (See § 771(4)(B)(ii) of the Act) to foreign producers, or are importers of the subject merchandise. (See § 732(b)(4)(B)(i) and (ii) of the Act.)
SECTION B:DESCRIPTION OF IMPORTED GOODS, EXPORTERS, AND IMPORTERS

(B-1)Provide a detailed description of the imported merchandise including technical characteristics and use. Please supply available catalogues, sales literature, or other illustrations.

(B-2)Provide the current Harmonized Tariff Schedule classification numbers of the imported merchandise. (Note: If this information is not readily available, please call the Import Administration Office of Policy and Analysis at 202-482-4412.)

(B-3)Provide the country or countries from which the merchandise is being, or is likely to be, imported. If the merchandise is produced in a country other than that from which it is exported, also indicate the name of country in which it is produced.

(B-4)Provide names, addresses, telephone and fax numbers of the persons manufacturing and/or exporting the product believed to be benefitting from a countervailable subsidy. Also, provide the volume and value of imports of the merchandise during the most recent two-year period. Include the proportion of total exports to the United States which each person accounted for during the most recent 12-month period.

Name and Address of Foreign Producer

Volume
(Identify units)

Value
(In US $)
Percent of Country's Total Export Volume to U.S.

(B-5)Provide the names and addresses of persons believed to be importing the merchandise.

Name and Address of Importer

Volume
(Identify units)

Value
(In US $)
Percent of Total U.S. Import Volume from Country

SECTION C: SUBSIDY INFORMATION

(C-1)Provide the statutory or other authority under which the alleged countervailable subsidy is provided (e.g., Export Promotion Act, or Section 355 of the Income Tax Act).

(C-2)Indicate the manner in which the alleged countervailable subsidy is provided (e.g., short-term loans, grants, tax exemptions).
(C-3)Identify how the subsidy program is either an export subsidy, an import substitution subsidy or is limited to a certain enterprise, group of companies, or industry within the country in question.
(C-4)State the value of the alleged countervailable subsidy received and used by the producers and/or exporters of the merchandise.
SECTION D: CRITICAL CIRCUMSTANCES INFORMATION

Prior to the issuance of the DOC preliminary determination, exporters may attempt to inundate the U.S. market with products being investigated in order to escape the pending countervailing duty. The Act provides a petitioner with the opportunity to seek relief from such massive imports. We refer to such a situation as "critical circumstances." An allegation of critical circumstances can be made at any time during an investigation up to 20 days before the final determination. The following information should be supplied when critical circumstances are alleged.

(D-1)Describe in detail the material injury to your industry due to the increased level of imports (e.g., lost sales, decreased capacity utilization, company closures). Provide supporting documentation.
(D-2)Provide information indicating that there were massive imports of the merchandise over a relatively short period of time (i.e., an analysis of import statistics for the six-month period surrounding the filing month of the petition).

(D-3)Describe how the merchandise benefits from an export subsidy (e.g., tax-exempt status provided only to exporters) or import substitution subsidy.

(All citations in section E refer to section 771
of the tariff Act of 1930 (19 USC § 1677))

Section E: INJURY INFORMATION

(E-1)Report the quantity and value of imports of the allegedly subsidized merchandise from the country(ies) supplying such imports, and imports of like or similar merchandise from all countries in the three most recent calendar years and in the most recent partial year periods for which data are available (see 19 USC §§ 1677(7)(B)(i) and 1677(7)(C)(i)).

Source of Imports

Quantity (specify units: aircraft)

Total from all countries . . . . . . .

Cited Country2 . . .

Cited Country3. . .

Cited Country4 . . .

Cited Country5 . . .

Value (1,000 dollars)

Cited Country2. . . ~

1Specify month and years in the blanks provided
2Specify country: __
3Specify country: ___________________
4Specify country: ___________________
5Specify country: ___________________

(E-2)Report prices1 for a representative imported product2 that is allegedly subsidized and sold in the United States in direct competition with articles produced by the petitioner in each of the periods shown. Also report the petitioner's prices3 for the like or most similar domestically produced article sold to the same class of customer4 to which the imported article was sold (see 19 USC §§ 1677(7)(B)(ii) and 1677(7)(C)(ii)). Report prices in dollars and cents per unit.5

Product from --

Quantity (specify units:

Petitioner . . . . . . . . $
$

Cited Country6 . . . .
$

Cited Country7. . . .

Cited Country8 . . . .

Cited Country9 . . . .

1Specify the basis of the prices reported (e.g., price quoted by importer, f.o.b. U.S. port of entry):

2Provide a detailed description of the specific article for which you are giving price information.

3Specify the basis of the prices reported (e.g., weighted average of all sales made during this period, f.o.b. plant):
4Specify class of customer (e.g., distributor or end user):
E

5Specify unit (e.g. pounds, piece, etc.):
6Specify country: ____ 7Specify country:________________

8Specify country: ________________ 9Specify country:________________
(E-3a)Report the petitioner's capacity, production, domestic like sales, export sales, and end-of-period inventories of U.S.-produced merchandise like or most similar to the allegedly subsidized imports in the three most recent calendar years and in the most recent partial periods for which data are available (see 19 USC §§ 1677(7)(C)(iii)).

Item

Capacity2 . . . . . . . .

Production . . . . . . .

Domestic sales . . .

Export sales . . . . . .

End-of-period
inventories . . . . .

Domestic sales. . . .

Export sales . . . . .

1Specify month and years in the blanks provided
2Define basis (i.e., number of shifts per day, days per year, etc
3f.o.b. plant, net of all discounts and allowances.

(E-4)For the petitioner and, in aggregate, for all U.S. producers (including the petitioner), report the number of production and related workers employed in the production of merchandise like or most similar to the allegedly subsidized imports, and the hours worked by those employees, in the three most recent calendar years and in the most recent partial periods for which data are available (see 19 USC § 1677(7)(C)(iii)).

Item

Number of
production related
workers . . . . . . . .

Hours worked
(1000 hours) . . . .

Number of
production related
workers . . . . . . . .

Hours worked
(1000 hours) . . . .

1Specify month and years in the blanks provided
(E-5)For the petitioner and, in aggregate, for all U.S. producers (including the petitioner), report the specified income-and-loss data on U.S. operations producing merchandise like or most similar to the allegedly subsidized imports in the three most recent calendar years (or accounting years, if easier) and in the most recent partial periods for which data are available (see 19 USC § 1677(7)(C)(iii)). If you cannot provide the specific income-and-loss data for U.S. operations producing the merchandise like the imported products, report data on the next larger category of operations which includes that merchandise, estimate the share of the total accounted for by the subject product, and identify the other products that are included.

(In billions of dollars)

Item

Net sales . . . . . . . .

Cost of goods
sold . . . . . . . . . . .
Gross profit or
loss
Selling, general,
and administra-
tive expenses . . .
Operating income
or (loss) . . . . . .
Net sales . . . . . . . .
Cost of goods
sold . . . . . . . . . .
Gross profit or
Selling, general,
and administra-
tive expenses . . .
Operating income or (loss) . . . . . . .

1If you report petitioner data on an accounting-year basis, please specify the date that year ends:
2Specify month and years in the blanks provided
(E-6)List the names, addresses and telephone numbers of firms to which you have lost sales as a result of their purchasing the allegedly subsidized imports.

(E-7)Provide information on any other factors relevant to possible injury or threat of injury to the U.S. industry producing merchandise like or most similar to the allegedly subsidized imports (see 19 USC §§ 1677(7)(C)(iii) and 1677(7)(F)).

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