Inv No. 731-TA-44 (3rd review) Sorbitol from France

INSTRUCTION BOOKLET
GENERAL INFORMATION, INSTRUCTIONS, AND
DEFINITIONS FOR COMMISSION QUESTIONNAIRES

Sorbitol from France
Investigation No. 731-TA-44 (Third Review)

Further information.--If you have any questions concerning the enclosed
questionnaire(s) or other matters related to this review, you may contact
the following members of the Commission=s staff (Fax 202-205-3205):
Dana Lofgren, investigator (202-708-4721; E-mail dana.lofgren@USITC.GOV)
regarding general questions and trade and related information;
Justin Jee, auditor (202-205-3186; E-mail justin.jee@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.--On April 9, 1982, the Department of Commerce issued an antidumping duty order
on imports of sorbitol from France (47 F.R. 15391). On July 1, 2009, the Commission instituted
a review 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 order would be likely to lead to continuation or recurrence of
material injury to the domestic industry within a reasonably foreseeable time (74 F.R. 31762, July
2, 2009). If the Commission makes an affirmative determination, the order will remain in place.
If the Commission makes a negative determination, the Department of Commerce will revoke the
order.
Questionnaires and other information pertinent to this review are available at
http://www.usitc.gov/trade_remedy/731_ad_701_cvd/investigations/active/index.htm#revie
ws. Address all correspondence to the United States International Trade Commission,
Washington, DC 20436. Hearing-impaired individuals can obtain information regarding this
review 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 March 8, 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 March 8, 2010. If
you do not use the enclosed envelope, please make sure the completed questionnaire is sent to the
attention of Dana Lofgren, 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 the review.
Service of questionnaire response(s).--In the event that your firm is a party to this review, 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 review, 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 review or other import-injury investigations 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 this review (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 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/active/index.
htm#reviews. 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. No. 731-TA-44. 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 review, and service of the questionnaire is required, such
service should be made in paper form.

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DEFINITIONS
Sorbitol.--Crystalline sorbitol, a polyol produced by the hydrogenation of sugars (glucose), used
in the production of sugarless gum, candy, groceries, and pharmaceuticals. The subject product is
covered by statistical reporting number 2905.44.0000 of the Harmonized Tariff Schedule of the
United States (HTS).
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 sorbitol (as defined above), including auxiliary facilities operated
in conjunction with (whether or not physically separate from) such facilities.
United States.--For purposes of this review, 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 sorbitol (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 sorbitol (as defined above) from another firm that produces, imports, or
otherwise distributes sorbitol. 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 producers
(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.
Sales.--For pricing data collected in “Pricing and Market Factors” portion of the questionnaire,
report sales on a delivered basis to your final customer, including U.S.-inland transportation costs to your
customer’s facility. Please note that total dollar values should reflect the final net amount (i.e., should be
net of all deductions for discounts or rebates).

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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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