Download:
pdf |
pdfINSTRUCTION BOOKLET
GENERAL INFORMATION, INSTRUCTIONS, AND
DEFINITIONS FOR COMMISSION FOREIGN
PRODUCER/EXPORTER 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)
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.
2
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 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.
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, purchaser, and/or
foreign producer questionnaire), you need not respond to duplicated questions in the
questionnaires.
Consolidate all establishments in Canada and China.--Report the requested data for your
establishment(s) located in Canada or China. 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 Canada or China involved in the production 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
DEFINITIONS—Continued
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.
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).
Production.--All production in your establishment(s) in Canada or China, including production
consumed internally within your firm.
Shipments.--Shipments of products produced in your establishment(s) in Canada or China.
Quantities reported should be net of returns.
Home market commercial shipments.--Shipments, other than internal consumption and
transfers to related firms, within Canada or China.
Home market internal consumption/transfers to related firms.--Shipments made to
related firms in Canada or China, including product consumed internally by your firm.
Export shipments.--Shipments to destinations outside Canada or China, including
shipments to related firms.
Inventories.--Finished goods inventory, not raw materials or work-in-progress.
6
File Type | application/pdf |
File Title | Microsoft Word - Instructions_FP.doc |
Author | chris.cassise |
File Modified | 2008-12-30 |
File Created | 2008-12-19 |