Download:
pdf |
pdfINSTRUCTION BOOKLET
GENERAL INFORMATION, INSTRUCTIONS, AND
DEFINITIONS FOR COMMISSION QUESTIONNAIRES
CITRIC ACID AND CERTAIN CITRATE SALTS FROM
CANADA AND CHINA
Investigation Nos. 701-TA-456 and 731-TA-1151-1152 (Final)
Further information.--If you have any questions concerning the enclosed
questionnaire(s) or other matters related to these investigations, you may contact
the following members of the Commission=s staff (Fax 202-205-3205):
Christopher Cassise, investigator (202-708-5408; E-mail chris.cassise@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
Amelia Preece, economist (202-205-3250; E-mail amelia.preece@usitc.gov)
regarding pricing, market, and related information.
GENERAL INFORMATION
Background.--These investigations were instituted in response to a petition filed on April 14,
2008, by Archer Daniels Midland Co., Decatur, IL; Cargill, Inc., Wayzata, MN; and Tate & Lyle
Americas, Inc., Decatur, IL. Antidumping and countervailing duties may be assessed on the
subject imports as a result of these investigations if the Commission makes affirmative
determinations 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 these investigations are available at
http://www.usitc.gov/trade_remedy/731_ad_701_cvd/investigations/active/index.htm.
Address all correspondence to the United States International Trade Commission, Washington,
DC 20436. Hearing-impaired individuals can obtain information regarding these investigations
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 February 9, 2009. 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
investigations.
Service of questionnaire response(s).--In the event that your firm is a party to these investigations,
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 the investigations, 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 investigations or other import-injury investigations
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 citric acid and certain citrate salts 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 sections
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 these
investigations. 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 these investigations (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.
3
INSTRUCTIONS--Continued
OPTIONS FOR FILING
• 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.
• 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). 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 investigations, and service of the questionnaire is required, such
service should be made in paper form.
4
INSTRUCTIONS--Continued
DEFINITIONS
Citric acid and certain citrate salts.—All grades and granulation sizes of citric acid, sodium
citrate, and potassium citrate in their unblended forms, whether dry or in solution, and regardless
of packaging type. The scope also includes blends of citric acid, sodium citrate, and potassium
citrate; as well as blends with other ingredients, such as sugar, where the unblended form(s) of
citric acid, sodium citrate, and potassium citrate constitute 40 percent or more, by weight, of the
blend. The scope of this investigation also includes all forms of crude calcium citrate, including
dicalcium citrate monohydrate, and tricalcium citrate tetrahydrate, which are intermediate
products in the production of citric acid, sodium citrate, and potassium citrate.
The scope of these investigations does not include calcium citrate that satisfies the standards set
forth in the United States Pharmacopeia and has been mixed with a functional excipient, such as
dextrose or starch, where the excipient constitutes at least 2%, by weight, of the product.
The scope of these investigations includes the hydrous and anhydrous forms of citric acid, the
dihydrate and anhydrous forms of sodium citrate, otherwise known as citric acid sodium salt, and
the monohydrate and monopotassium forms of potassium citrate. Sodium citrate also includes
both trisodium citrate and monosodium citrate, which are also known as citric acid trisodium salt
and citric acid monosodium salt, respectively.
Citric acid and sodium citrate are classifiable under subheadings 2918.14.00 and 2918.15.10 of the
Harmonized Tariff Schedule of the United States (HTSUS), respectively. Potassium citrate and
crude calcium citrate are classifiable under subheadings 2918.15.50 and 3824.90.92 of the HTSUS,
respectively. Blends that include citric acid, sodium citrate, and potassium citrate are classifiable
under subheading 3824.90.92 of the HTSUS. Although the HTSUS subheadings are provided for
convenience and customs purposes, the written description of the merchandise 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 in the United States involved in the production,
importation, and/or purchase of citric acid or certain citrate salts (as defined above), including
auxiliary facilities operated in conjunction with (whether or not physically separate from) such
facilities.
United States.--For purposes of these investigations, the 50 States, Puerto Rico, the U.S. Virgin
Islands, and the District of Columbia.
5
Importer.--Any person or firm engaged, either directly or through a parent company or subsidiary,
in importing citric acid or certain citrate salts (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 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 citric acid or certain citrate salts (as defined above) from another firm
that produces, imports, or otherwise distributes citric acid or certain citrate salts. A retail firm that
is the importer of record may be considered a purchaser.
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.
6
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).
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.
Purchases other than direct imports.--Purchases from U.S. producers, U.S. importers, and other
U.S. sources.
7
File Type | application/pdf |
File Title | Microsoft Word - Instructions.doc |
Author | chris.cassise |
File Modified | 2008-12-30 |
File Created | 2008-12-19 |