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pdfOMB No. 3117-0016/USITC No. 16-1-3612; Expiration Date: 6/30/2017
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U.S. PRODUCERS’ QUESTIONNAIRE
1-HYDROXYETHYLIDENE-1, 1-DIPHOSPHONIC ACID FROM CHINA
This questionnaire must be received by the Commission by JANUARY 17, 2017
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 investigations concerning 1-hydroxyethylidene-1,
1-diphosphonic acid (“HEDP”) from China (Inv. Nos. 701-TA-558 and 731-TA-1316 (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 firm
Address
City
State
Zip Code
Website
Has your firm produced HEDP (as defined on next page) at any time since January 1, 2014?
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: HEDP)
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. By
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
Fax:
Email address
Business Proprietary
U.S. Producers’ Questionnaire - HEDP
Page 2
PART I.—GENERAL INFORMATION
Background.--This proceeding was instituted in response to a petition filed on March 31, 2016, by
Compass Chemical International LLC, Smyrna, GA. 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 makes
an affirmative determination of subsidization and dumping. Questionnaires and other information
pertinent to this proceeding are available at:
http://www.usitc.gov/investigations/701731/2016/1_hydroxyethylidene_1_1_diphosphonic_acid_china
/final.htm
HEDP.-- The product covered by these investigations include all grades of aqueous, acidic (non–
neutralized) concentrations of 1–hydroxyethylidene–1,1–diphosphonic acid (“HEDP”), also referred to as
hydroxethlylidenendiphosphonic acid, hydroxyethanediphosphonic acid, acetodiphosphonic acid, and
etidronic acid. The CAS (Chemical Abstract Service) registry number for HEDP is 2809–21–4.
The merchandise subject to this investigation is currently classified in the Harmonized Tariff Schedule of
the United States (HTSUS) at subheading 2931.90.90. Merchandise covered by the scope may also be
imported under HTSUS subheadings 2811.19.6090, 2931.00.9043, 2931.90.9041, and 2931.90.9047.
While HTSUS subheadings are provided for convenience and customs purposes only, the written
description of the scope of this investigation is dispositive.
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. In addition, if your firm is a U.S. producer, the information you
provide on your production and imports of HEDP 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 section 702(c)(4)/732(c)(4)
Business Proprietary
U.S. Producers’ Questionnaire - HEDP
Page 3
of the Act (19 U.S.C. § 1671a(c)(4)/1673a(c)(4)) to make a determination concerning the extent of
industry support for the petition requesting this proceeding. 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.
I-1a.
OMB statistics.--Please report below the actual number of hours required and the cost to your
firm of completing this questionnaire.
Hours
Dollars
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
50 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-1b.
TAA information release.--In the event that the U.S. International Trade Commission (USITC)
makes an affirmative final determination in this proceeding, do you consent to the USITC's
release of your contact information (company name, address, contact person, telephone
number, email address) appearing on the front page of this questionnaire to the Departments of
Commerce, Labor, and Agriculture, as applicable, so that your firm and its workers can be made
eligible for benefits under the Trade Adjustment Assistance program?
Yes
No
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U.S. Producers’ Questionnaire - HEDP
I-2.
Page 4
Establishments covered.--Provide the city, state, zip code, and brief description of each
establishment covered by this questionnaire. If your firm is publicly traded, please specify the
stock exchange and trading symbol in the footnote to the table. Firms operating more than one
establishment should combine the data for all establishments into a single report.
“Establishment”--Each facility of a firm involved in the production of HEDP, including auxiliary
facilities operated in conjunction with (whether or not physically separate from) such facilities.
Establishments
City, State
Zip (5 digit)
Description
covered1
1
2
3
4
5
1
I-3.
Additional discussion on establishments consolidated in this questionnaire:
.
Petition support.--Does your firm support or oppose the petition?
Country
Support
Oppose
Take no position
China
I-4.
Ownership.--Is your firm owned, in whole or in part, by any other firm?
No
Firm name
Yes--List the following information.
Address
Extent of
ownership
(percent)
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U.S. Producers’ Questionnaire - HEDP
I-5.
Related importers/exporters.--Does your firm have any related firms, either domestic or
foreign, that are engaged in importing HEDP from China into the United States or that are
engaged in exporting HEDP from China to the United States?
No
Firm name
I-6.
Page 5
Yes--List the following information.
Country
Affiliation
Related producers.--Does your firm have any related firms, either domestic or foreign, that are
engaged in the production of HEDP?
No
Firm name
Yes--List the following information.
Country
Affiliation
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U.S. Producers’ Questionnaire - HEDP
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PART II.--TRADE AND RELATED INFORMATION
Further information on this part of the questionnaire can be obtained from Edward Petronzio (202-2053176, Edward.petronzio@USITC.gov). 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.
Name
Title
Email
Telephone
Fax
II-2.
Changes in operations.--Please indicate whether your firm has experienced any of the following
changes in relation to the production of HEDP since January 1, 2014.
(check as many as appropriate)
plant openings
plant closings
relocations
expansions
acquisitions
consolidations
prolonged shutdowns or
production curtailments
revised labor agreements
other (e.g., technology)
(If checked, please describe; leave blank if not applicable)
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U.S. Producers’ Questionnaire - HEDP
II-3a.
Page 7
Production using same machinery.-- Please report your firm’s production of products made on
the same equipment and machinery used to produce HEDP, and the combined production
capacity on this shared equipment and machinery in the periods indicated.
“Overall production capacity” or “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).
“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.
Quantity (in pounds)
Calendar years
Item
2014
2015
2016
Overall production capacity
Production of:
HEDP1
0
0
0
0
0
0
Other products (not
including by-products and/or
co-products)2
Total
1
2
Data entered for production of HEDP will populate here once reported in question II-7.
Please identify these products:
.
II-3b.
Operating parameters.--The production capacity reported in II-3a is based on operating
per week,
weeks per year.
II-3c.
Capacity calculation.--Please describe the methodology used to calculate overall production
capacity reported in II-3a, and explain any changes in reported capacity.
II-3d.
Production constraints.--Please describe the constraint(s) that set the limit(s) on your firm’s
production capacity.
hours
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U.S. Producers’ Questionnaire - HEDP
II-3e.
Product shifting.—
(i)
Is your firm able to switch production (capacity) between HEDP and other products using
the same equipment and/or labor?
No
(ii)
II-4.
Yes-- (i.e., have produced other products or are able to produce other
products). Please identify other actual or potential products:
.
Please describe the factors that affect your firm’s ability to shift production capacity
between products (e.g., time, cost, relative price change, etc.), and the degree to which
these factors enhance or constrain such shifts.
Grades of HEDP.-(i)
Is your firm capable of manufacturing HEDP of any grade?
No
(ii)
II-5.
Page 8
Yes—If so, please identify these grades of HEDP:
Please describe what additional measures and/or costs are associated with the manufacture
of other grades of HEDP.
Manufacture of by-products and/or co-products.—
(i)
Please identify any by-products and/or co-products your firm manufacturers from your
HEDP manufacturing operations.
(ii)
Please explain your basis for regarding such products as by-products and/or co-products and
whether your firm is able to control the quantity of manufacture of the by-products and/or
co-products.
Business Proprietary
U.S. Producers’ Questionnaire - HEDP
II-6.
Page 9
Tolling.--Since January 1, 2014, has your firm been involved in a toll agreement regarding the
production of HEDP?
“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.
No
II-7.
Yes--Please describe the toll arrangement(s) and name the firm(s) involved
Foreign trade zones.-Firm's FTZ operations.--Does your firm produce HEDP in and/or admit HEDP into a
foreign trade zone (FTZ)?
(a)
“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. A foreign trade zone must be designed as such pursuant to the rules and
procedures set forth in the Foreign-Trade Zones Act.
No
Yes--Describe the nature of your firms operations in FTZs and
identify the specific FTZ site(s).
Other firms' FTZ operations.--To your knowledge, do any firms in the United States
import HEDP into a foreign trade zone (FTZ) for use in distribution of HEDP and/or the
production of downstream articles?
(b)
No/Don’t know
II-8.
Yes--Identify the firms and the FTZs.
Importer.--Since January 1, 2014, has your firm imported HEDP?
“Importer” – The person or firm primarily liable for the payment of any duties on the
merchandise, or an authorized agent acting on his behalf. The importer may be the consignee,
or the importer of record.
No
Yes--COMPLETE AND RETURN A U.S. IMPORTERS’ QUESTIONNAIRE
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U.S. Producers’ Questionnaire - HEDP
II-9.
Page 10
Production, shipment and inventory data.--Report your firm’s production capacity, production,
shipments, and inventories related to the production of HEDP in its U.S. establishment(s) during
the specified periods.
“Average production capacity” or “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 U.S. establishment(s), including production consumed
internally within your firm and production for another firm under a toll agreement.
“U.S. commercial shipments” –Shipments made within the United States as a result of an arm’s
length commercial transaction in the ordinary course of business. Report net values (i.e., gross
sales values less all discounts, allowances, rebates, prepaid freight, and the value of returned
goods) in U.S. dollars, f.o.b. your point of shipment.
“Internal consumption” – Product consumed internally by your firm.
“Transfers to related firms” –Shipments made to related domestic firms. Such transactions are
valued at fair market value.
“Related firm” –A firm that your firm solely or jointly owns, manages, or otherwise controls.
Such transactions are valued at fair market value.
“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.
Note: As requested in Part I of this questionnaire, please keep all supporting documents/records
used in the preparation of the trade data, as Commission staff may contact your firm regarding
questions on the trade data. The Commission may also request that your company submit copies
of the supporting documents/records (such as production and sales schedules, inventory records,
etc.) used to compile these data.
Business Proprietary
U.S. Producers’ Questionnaire - HEDP
II-9.
Page 11
Production, shipment and inventory data.-Quantity (in pounds) and value (in $1,000)
Calendar years
Item
2014
2015
2016
1
Average production capacity (quantity) (A)
Beginning-of-period inventories (quantity)
(B)
Production (quantity) (C)
U.S. shipments:
Commercial shipments:
Quantity (D)
Value (E)
Internal consumption:
Quantity (F)
Value2 (G)
Transfers to related firms:
Quantity (H)
Value2 (I)
Export shipments:3
Quantity (J)
Value (K)
End-of-period inventories4 (quantity) (L)
1
The production capacity reported is based on operating
hours per week,
weeks per year.
Please describe the methodology used to calculate production capacity, and explain any changes in reported
capacity
.
2
Internal consumption and transfers to related firms must be valued at fair market value. In the event that
your firm uses a different basis for valuing these transactions, please specify that basis (e.g., cost, cost plus,
.
etc.) and provide value data using that basis for each of the periods noted above:
3
Identify your firm’s principal export markets:
.
RECONCILIATION OF SHIPMENTS, PRODUCTION, AND INVENTORY.--Generally, the data reported for the
end-of-period inventories (i.e., line L) should be equal to the beginning-of-period inventories (i.e., line B),
plus production (i.e., line C), less total shipments (i.e., lines D, F, H, and J). Please ensure that any
differences are not due to data entry errors in completing this form, but rather actually reflect your firm’s
records; and also provide any likely explanations for any differences (e.g., theft, loss, damage, record
systems issues, etc.) if they exist.
Calendar years
Reconciliation
B + C – D – F – H – J – L = should equal
zero ("0") or provide an explanation.1
1
2014
2015
0
2016
0
Explanation if the calculated fields above are returning values other than zero (i.e., “0”) but are
nonetheless accurate:
.
0
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II-10.
Related firms.--If your firm reported transfers to related firms in question II-8, please indicate
the nature of the relationship between your firm and the related firms (e.g., joint venture,
wholly owned subsidiary), whether the transfers were priced at market value or by a nonmarket formula, whether your firm retained marketing rights to all transfers, and whether the
related firms also processed inputs from sources other than your firm.
II-11.
Channels of distribution.-- Report your firm’s commercial U.S. shipments by channel of
distribution.
Quantity (in pounds) and value (in $1,000)
Calendar years
Item
2014
2015
2016
Channels of distribution:
Commercial U.S. shipments:
To distributors (quantity) (M)
To end users (quantity) (N)
RECONCILIATION OF CHANNELS.--Please ensure that the quantities reported for channels of distribution
(i.e., lines M and N) in each time period equal the quantity reported for commercial U.S. shipments (i.e.,
line D) in each time period. If the calculated fields below return values other than zero (i.e., “0”), the
data reported must be revised prior to submission to the Commission.
Calendar years
Reconciliation
M + N – D = zero ("0"), if not revise.
2014
2015
0
2016
0
0
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U.S. Producers’ Questionnaire - HEDP
II-12.
Page 13
Employment data.--Report your firm’s employment-related data related to the production of
HEDP and provide any explanation for any trends in these data.
“Production Related Workers” (PRWs) includes 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 may be computed by adding the number of employees, both full
time and part time, for the 12 pay periods ending closest to the 15th of the month and dividing
that total by 12.
“Hours worked” includes 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.
Calendar years
Item
Average number of PRWs (number)
Hours worked by PRWs (1,000 hours)
Wages paid to PRWs ($1,000)
Explanation of trends:
2014
2015
2016
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U.S. Producers’ Questionnaire - HEDP
II-13.
Page 14
Purchases.--Other than direct imports, has your firm otherwise purchased HEDP since January 1,
2014?
“Purchase” – A transaction to buy product from a U.S. corporate entity such as another U.S.
producer, a U.S. distributor, or a U.S. firm that has directly imported the product.
“Direct import” –A transaction to buy from a foreign producer where your firm is the importer
of record or consignee.
No
Yes--Report such purchases below and explain the reasons for your firms'
purchases:
(Quantity in pounds)
Calendar years
Item
2014
2015
2016
1
Purchases from U.S. importers of HEDP from-China
All other sources
Purchases from domestic producers2
Purchases from other sources2
1
Please list the name of the importer(s) from which your firm purchased this product. If your firm’s import suppliers
differ by source, please identify the source for each listed supplier:
.
2
Please list the name of the producer(s) or U.S. distributor(s) from which your firm purchased this product:
.
II-14.
Other explanations.--If your firm would like to further explain a response to a question in Part II
that did not provide a narrative box, please note the question number and the explanation in
the space provided below. Please also use this space to highlight any issues your firm had in
providing the data in this section, including but not limited to technical issues with the MS Word
questionnaire.
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U.S. Producers’ Questionnaire - HEDP
Page 15
PART III.--FINANCIAL INFORMATION
Address questions on this part of the questionnaire to David Boyland (202-708-4725,
David.Boyland@usitc.gov).
III-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 III.
Name
Title
Email
Telephone
Fax
III-2.
Accounting system.--Briefly describe your firm’s financial accounting system.
A.
When does your firm’s fiscal year end (month and day)?
If your firm’s fiscal year changed during the data-collection period, explain
below:
B.1.
Describe the lowest level of operations (e.g., plant, division, company-wide) for
which financial statements are prepared that include HEDP:
2.
Does your firm prepare profit/loss statements for HEDP:
Yes
No
How often did your firm (or parent company) prepare financial statements
(including annual reports, 10Ks)? Please check relevant items below.
Audited,
unaudited,
annual reports,
10Ks,
10 Qs,
Monthly,
quarterly,
semi-annually,
annually
Accounting basis:
GAAP,
cash,
tax, or
other comprehensive
basis of accounting (specify)
3.
4.
Note: As requested in Part I of this questionnaire, please keep all supporting documents/records
used in the preparation of the financial data, as Commission staff may contact your firm
regarding questions on the financial data. The Commission may also request that your company
submit copies of the supporting documents/records (financial statements, including internal
profit-and-loss statements for the division or product group that includes HEDP, as well as specific
statements and worksheets) used to compile these data.
III-3a. Cost accounting system.--Briefly describe your firm’s cost accounting system (e.g., standard
cost, job order cost, etc.).
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Page 16
III-3b. Accounting for byproduct acetic acid.—With respect to the company’s accounting system,
please describe the manner in which byproduct acetic acid is reported/recognized. As
appropriate, please describe how recorded revenue and/or costs are impacted by the
production of acetic acid.
III-4.
Allocation basis.--Briefly describe your firm’s allocation basis, if any, for COGS, SG&A, and
interest expense and other income and expenses.
III-5a. Other products.--Please list the products your firm produced in the facilities in which your firm
produced HEDP, and provide the share of net sales accounted for by these products in your
firm’s most recent fiscal year.
Products
HEDP
Share of sales
%
%
%
%
%
III-5b. Marketing of acetic acid byproduct.--Please describe how acetic acid is handled prior to sale,
handling and transportation logistics of sales to third party, channel(s) in which acetic acid is
sold, and primary sales terms. As appropriate, please describe/indicate the extent to which
these features changed during the period examined.
III-5c.
Market conditions for acetic acid byproduct.--Please describe the market for acetic acid during
the period and the extent to which there were significant changes during the period in terms of
demand and/or prevailing sales values.
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Page 17
III-5d. Impact of acetic acid byproduct on HEDP.-- Please describe the extent to which HEDP
production, COGS, sales, and financial results were impacted (directly and/or indirectly) by
acetic acid market conditions.
III-6.
Does your firm purchase inputs (raw materials, labor, energy, or any services) used in the
production of HEDP from any related suppliers (e.g., inclusive of transactions between related
firms, divisions and/or other components within the same company)?
Yes--Continue to question III-7.
III-7.
No--Continue to question III-9a.
Inputs from related suppliers.--Please identify the inputs used in the production of HEDP that
your firm purchases from related suppliers and that are reflected in table III-9a. For “Share of
total COGS” please report this information by relevant input on the basis of your most recently
completed fiscal year. For “Input valuation” please describe the basis, as recorded in your
company’s own accounting system, of the purchase cost from the related supplier; e.g., the
related supplier’s actual cost, cost plus, negotiated transfer price to approximate fair market
value.
Input
Related supplier
Share of total COGS
Input valuation as recorded in the firm’s accounting books and records
III-8.
Inputs purchased from related suppliers.--Please confirm that the inputs purchased from
related suppliers, as identified in III-7, were reported in III-9a (financial results on HEDP) in a
manner consistent with your firm’s accounting books and records.
Yes
No--In the space below, please report the valuation basis of inputs purchased from related
suppliers as reported in table III-9a.
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Page 18
III-9a. Operations on HEDP.--Report the revenue and related cost information requested below on the
HEDP operations of your firm’s U.S. establishment(s).1 Do not report resales of products. Note
that internal consumption and transfers to related firms must be valued at fair market value.
Input purchases from related suppliers should be consistent with and based on information in
the firm’s accounting books and records. Provide data for your firm’s three most recently
completed fiscal years. If your firm was involved in tolling operations (either as the toller or as
the tollee), please contact David Boyland at (202) 708-4725 before completing this section of
the questionnaire.
Quantity (in pounds) and value (in $1,000)
Fiscal years ended--
2014
Item
2015
2016
2
Net sales quantities:
Commercial sales (“CS”)
Internal consumption (“IC”)
Transfers to related firms (“Transfers”)
Total net sales quantities
0
0
0
0
0
0
Total COGS
0
0
0
Gross profit or (loss)
0
0
0
0
0
0
0
0
0
0
0
0
2
Net sales values:
Commercial sales
Internal consumption
Transfers to related firms
Total net sales values
3
Cost of goods sold (COGS):
Phosphorous acid crystal (PAC)
Acetic anhydride
4
Other raw material costs
Direct labor
Other factory costs
Less: HEDP by-product revenue
Selling, general, and administrative (SG&A)
expenses:
Selling expenses
General and administrative expenses
Total SG&A expenses
Operating income (loss)
Other expenses and income:
Interest expense
All other expense items
All other income items
Net income or (loss) before income taxes
Depreciation/amortization included above
1
Include only sales (whether domestic or export) and costs related to your U.S. manufacturing operations.
Less discounts, returns, allowances, and prepaid freight. The quantities and values should approximate the corresponding
shipment quantities and values reported in Part II of this questionnaire.
3
COGS (whether for domestic or export sales) should include costs associated with CS, IC, and Transfers.
4
Please identify other raw materials reported in this line item:
2
Note -- The table above contains calculations that will appear when you have entered data in the MS
Word form fields.
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III-9b. Financial data reconciliation.--The calculale line items from question III-9a (i.e., total net sales
quantities and values, total COGS, gross profit (or loss), total SG&A, and net income (or loss))
have been calculated from the data submitted in the other line items. Do the calculated fields
return the correct data according to your firm's financial records, ignoring non-material
differences that may arise due to rounding?
Yes
No--If the calculated fields do not show the correct data, please double check the
feeder data for data entry errors and revise.
Also, check signs accorded to the post operating income line items; the two
expense line items should report positive numbers (i.e., expenses are
positive and incomes or reversals are negative--instances of the latter
should be rare in those lines) while the income line item also in most
instances should have its value be a positive number (i.e., income is positive,
expenses or reversals are negative).
If after reviewing and potentially revising the feeder data your firm has
provided, the differences between your records and the calculated fields
persist please identify and discuss the differences in the space below.
III-10. Nonrecurring items (charges and gains) included in the financial results on HEDP.--For each
annual period for which financial results are reported in question III-9a, please specify all
material (significant) nonrecurring items (charges and gains) in the schedule below, the specific
table III-9a line item where the nonrecurring items are included, a brief description of the
relevant nonrecurring items, and the associated values (in $1,000), as reflected in table III-9a;
i.e., if an aggregate nonrecurring item has been allocated to table III-9a, only the allocated value
amount included in table III-9a should be reported in the schedule below. Note: The
Commission’s objective here is to gather information only on material (significant) nonrecurring
items which impacted the reported financial results of the subject product in table III-9a.
Fiscal years ended--
2014
2015
2016
Nonrecurring item: In this column please provide a brief
Nonrecurring item: In these columns please report the amount of the relevant
description of each nonrecurring item and indicate the
nonrecurring item reported in table III-9a.
specific line item in table III-9a where the nonrecurring item is
classified.
Value ($1,000)
1.
, classified as
2.
, classified as
3.
, classified as
4.
, classified as
5.
, classified as
6.
, classified as
7.
, classified as
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Page 20
III-11. Classification of identified nonrecurring items (charges and gains) in the accounting books and
records of the company.--If non-recurring items were reported in table III-10 above, please
identify where your company recorded these items in your accounting books and records in the
normal course of business; i.e., just as responses to question III-10 identify where these items
are reported in table III-9a.
III-12. Asset values.--Report the total assets (i.e., both current and long-term assets) associated with
the production, warehousing, and sale of HEDP. If your firm does not maintain some or all of the
specific asset information necessary to calculate total assets for HEDP in the normal course of
business, please estimate this information based upon a method (such as production, sales, or
costs) that is consistent with relevant cost allocations in table III-9a. Provide data as of the end
of your firm’s three most recently completed fiscal years.
Note: Total assets should reflect net assets after any accumulated depreciation and allowances
deducted.
Total assets should be allocated to the subject products if these assets are also related to other
products. Please provide a brief explanation if there are any substantial changes in total asset
value during the period; e.g., due to asset write-offs, revaluation, and major purchases.
Value (in $1,000)
Fiscal years ended-Item
Total assets (net)
1
III-13.
2014
2015
2016
1
Describe
Capital expenditures and research and development expenses.--Report your firm’s capital
expenditures and research and development expenses for HEDP. Provide data for your firm’s
three most recently completed fiscal years.
Value (in $1,000)
Fiscal years ended--
Item
2014
2015
2016
Capital expenditures
Research and development expenses
1
Please describe the nature, focus, and significance of your firm’s capital expenditures on the subject product.
2
Please describe the nature, focus, and significance of your firm’s R&D expenses related to subject product.
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U.S. Producers’ Questionnaire - HEDP
Page 21
III-14. Data consistency and reconciliation.--Please indicate whether your firm’s financial data for
questions III-9a, 12, and 13 are based on a calendar year or on your firm’s fiscal year:
Calendar year
Fiscal year
Specify fiscal year
Please note the quantities and values reported in question III-9a should reconcile with the data
reported in question II-7 (including export shipments) as long as they are reported on the same
calendar year basis.
RECONCILIATION OF TRADE VS FINANCIAL DATA.--Please ensure that the quantities and values reported
for total shipments in part II equal the quantities and values reported total net sales in part III of this
questionnaire in each time period unless the financial data from part III are reported on a fiscal year
basis, in which case only the interim periods must reconcile.. If the calculated fields below return values
other than zero (i.e., “0”) and both are being reported on a calendar basis, please explain the discrepancy
below.
Full year data
Reconciliation
2014
2015
2016
Quantity: Trade data from part II
less financial data from part III, = zero
("0") except as noted above.
0
0
0
Value: Trade data from part II less
financial data from part III, = zero
("0") except as noted above.
0
0
0
Do these data in question III-9a reconcile with data in question II-7?
Yes
No
If no, please explain.
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Page 22
III-15. Effects of imports on investment.--Since January 1, 2014, has your firm experienced any actual
negative effects on its return on investment or the scale of capital investments as a result of
imports of HEDP from China?
No
Yes--My firm has experienced actual negative effects as follows:
(check as many as appropriate)
Cancellation, postponement,
or rejection of expansion
projects
Denial or rejection of
investment proposal
Reduction in the size of
capital investments
Return on specific
investments negatively
impacted
Other
(please describe)
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Page 23
III-16. Effects of imports on growth and development.--Since January 1, 2014, has your firm
experienced any actual negative effects on its growth, ability to raise capital, or existing
development and production efforts (including efforts to develop a derivative or more advanced
version of the product) as a result of imports of HEDP from China?
No
Yes--My firm has experienced actual negative effects as follows:
(check as many as appropriate)
(please describe)
Rejection of bank loans
Lowering of credit rating
Problem related to the issue
of stocks or bonds
Ability to service debt
Other
III-17. Anticipated effects of imports.--Does your firm anticipate any negative effects due to imports of
HEDP from China?
No
Yes
If yes, my firm anticipates negative effects as follows:
III-18. Other explanations.--If your firm would like to further explain a response to a question in Part III
that did not provide a narrative box, please note the question number and the explanation in
the space provided below. Please also use this space to highlight any issues your firm had in
providing the data in this section, including but not limited to technical issues with the MS Word
questionnaire.
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Page 24
PART IV.-- PRICING AND MARKET FACTORS
Further information on this part of the questionnaire can be obtained from Aimee Larsen (202-2053179, Aimee.Larsen@usitc.gov).
IV-1.
Contact information.--Please identify the individual that Commission staff may contact
regarding the confidential information submitted in part IV.
Name
Title
Email
Telephone
Fax
PRICE DATA
IV-2.
This question requests quarterly quantity and value data for your firm’s commercial shipments
to unrelated U.S. customers since January 1, 2014 of the following products produced by your
firm.
Product 1.—all grades of aqueous HEDP typically at 60% concentration (whether referred to as “HEDP”
or “1-hydroxyethylidene-1, 1-diphosphonic acid”, “hydroxethlylidenendiphosphonic acid”,
“hydroxyethanediphosphonic acid”, “acetodiphosphosphonic acid”, “etidronic acid,” or
substantially similar names) sold in bulk containers (e.g., ISO containers, or bulk tank cars, or rail
cars) .
Product 2.-- all grades of aqueous HEDP typically at 60% concentration (whether referred to as “HEDP”
or “1-hydroxyethylidene-1, 1-diphosphonic acid”, “hydroxethlylidenendiphosphonic acid”,
“hydroxyethanediphosphonic acid”, “acetodiphosphosphonic acid”, “etidronic acid,” or
substantially similar names) sold in drums.
Product 3.-- all grades of aqueous HEDP typically at 60% concentration (whether referred to as “HEDP”
or “1-hydroxyethylidene-1, 1-diphosphonic acid”, “hydroxethlylidenendiphosphonic acid”,
“hydroxyethanediphosphonic acid”, “acetodiphosphosphonic acid”, “etidronic acid,” or
substantially similar names) sold in intermediate bulk containers (IBS’s).
Please note that values should be f.o.b., U.S. point of shipment and should not include U.S. inland
transportation costs. Values should reflect the final net amount paid to your firm (i.e., should be net
of all deductions for discounts or rebates).
During January 2014-December 2016, did your firm produce and sell to unrelated U.S.
customers any of the above listed products (or any products that were competitive with these
products)?
Yes.--Please complete the following pricing data table as appropriate.
No.--Skip to question IV-3.
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U.S. Producers’ Questionnaire - HEDP
IV-2.
Page 25
Price data.--Report below the quarterly price data1 for pricing products2 produced and sold by
your firm.
Report data in actual pounds and actual dollars (not 1,000s).
Product 1
(Quantity in pounds, value in dollars)
Product 2
Value
Quantity
Value
Product 3
Period of shipment
Quantity
Quantity
Value
2014:
January-March
April-June
July-September
OctoberDecember
2015:
January-March
April-June
July-September
OctoberDecember
2016:
January-March
April-June
July-September
OctoberDecember
1
Net values (i.e., gross sales values less all discounts, allowances, rebates, prepaid freight, and the value of returned goods), f.o.b.
your firm’s U.S. point of shipment.
2
Pricing product definitions are provided on the first page of Part IV.
Note.--If your firm’s product does not exactly meet the product specifications but is competitive with the specified product, provide a
description of your firm’s product. Also, please explain any anomalies in your firm’s reported pricing data.
Product 1:
Product 2:
Product 3:
Pricing data methodology.—Please describe the method and the kinds of documents/records
that were used to compile your price data.
Note: As requested in Part I of this questionnaire, please keep all supporting documents/records used in
the preparation of the price data, as Commission staff may contact your firm regarding questions on the
price data. The Commission may also request that your company submit copies of the supporting
documents/records (such as sales journal, invoices, etc.) used to compile these data.
Business Proprietary
U.S. Producers’ Questionnaire - HEDP
IV-3.
Price setting.-- How does your firm determine the prices that it charges for sales of HEDP (check
all that apply)? If your firm issues price lists, please submit sample pages of a recent list.
Transaction
by
transaction
IV-4.
Contracts
Other
If other, describe
Annual
total
volume
discounts
No
discount
policy
Other
Describe
Pricing terms.-(a)
What are your firm’s typical sales terms for its U.S.-produced HEDP?
Net 30
days
(b)
Net 60
days
2/10 net
30 days
Other
Other (specify)
On what basis are your firm’s prices of domestic HEDP usually quoted (check one)?
Delivered
IV-6.
Set
price
lists
Discount policy.-- Please indicate and describe your firm’s discount policies (check all that
apply).
Quantity
discounts
IV-5.
Page 26
F.o.b.
If f.o.b., specify point
Contract versus spot.--Approximately what share of your firm’s sales of its U.S.-produced HEDP
in 2016 was on a (1) long-term contract basis, (2) annual contract basis, (3) short-term contract
basis, and (4) spot sales basis?
Share of 2016
sales
Long-term
contracts
(multiple
deliveries for
more than 12
months)
%
Type of sale
Short-term
Annual
contracts
contracts
(multiple
(multiple
deliveries for
deliveries for 12
less than 12
months)
months)
%
Total
(should
sum to
100.0%)
Spot sales
(for a single
delivery)
%
%
0.0
%
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U.S. Producers’ Questionnaire - HEDP
IV-7.
Page 27
Contract provisions.--Please fill out the table regarding your firm’s typical sales contracts for
U.S.-produced HEDP (or check “not applicable” if your firm does not sell on a long-term, shortterm and/or annual contract basis).
Typical sales
contract provisions
Item
Average contract
duration
No. of
days
Price renegotiation
(during contract
period)
Yes
Short-term contracts
(multiple deliveries
for less than 12
months)
Annual contracts
(multiple
deliveries for 12
months)
Long-term contracts
(multiple deliveries for
more than 12 months)
365
No
Quantity
Fixed quantity
and/or price
Price
Both
Yes
Meet or release
provision
No
Not applicable
IV-8.
Lead times.--What is your firm’s share of sales from inventory and produced to order and what
is the typical lead time between a customer’s order and the date of delivery for your firm’s sales
of its U.S.-produced HEDP?
Source
Share of 2016
sales
From inventory
%
Produced to order
%
Total (should sum to 100.0%)
0.0 %
Lead time (average
number of days)
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U.S. Producers’ Questionnaire - HEDP
IV-9.
Page 28
Shipping information.-(a)
What is the approximate percentage of the total delivered cost of U.S.-produced HEDP
that is accounted for by U.S. inland transportation costs?
percent
(b)
Who generally arranges the transportation to your firm’s customers’ locations?
Your firm
Purchaser (check one)
(c)
Indicate the approximate percentage of your firm’s sales of HEDP that are delivered the
following distances from its production facility.
Distance from production facility
Share
Within 100 miles
%
101 to 1,000 miles
%
Over 1,000 miles
%
Total (should sum to 100.0%)
0.0
%
IV-10. Geographical shipments.-- In which U.S. geographic market area(s) has your firm sold its U.S.produced HEDP since January 1, 2014 (check all that apply)?
Geographic area
Northeast.–CT, ME, MA, NH, NJ, NY, PA, RI, and VT.
Midwest.–IL, IN, IA, KS, MI, MN, MO, NE, ND, OH, SD, and WI.
Southeast.–AL, DE, DC, FL, GA, KY, MD, MS, NC, SC, TN, VA, and WV.
Central Southwest.–AR, LA, OK, and TX.
Mountains.–AZ, CO, ID, MT, NV, NM, UT, and WY.
Pacific Coast.–CA, OR, and WA.
Other.–All other markets in the United States not previously listed,
including AK, HI, PR, and VI.
√ if applicable
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Page 29
IV-11. End uses.--List the end uses of the HEDP that your firm manufactures. For each end-use
product, what percentage of the total cost is accounted for by HEDP and other inputs?
Share of total cost of end use product
accounted for by
End use product
HEDP
Total
(should sum to
100.0% across)
Other inputs
%
%
0.0 %
%
%
0.0 %
%
%
0.0 %
IV-12. Substitutes.-- Can other products be substituted for HEDP?
No
Substitute
Yes--Please fill out the table.
End use in which this
substitute is used
Have changes in the price of this substitute
affected the price for HEDP?
No Yes
Explanation
1.
2.
3.
IV-13. Demand trends.-- Indicate how demand within the United States and outside of the United
States (if known) for HEDP has changed since January 1, 2014. Explain any trends and describe
the principal factors that have affected these changes in demand.
Market
Within
the United
States
Outside
the United
States
Overall
increase
Fluctuate
No
Overall
with no
change decrease clear trend
Explanation and factors
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Page 30
IV-14. Product changes.--Have there been any significant changes in the product range, product mix,
or marketing of HEDP since January 1, 2014?
No
Yes
If yes, please describe and quantify if possible.
IV-15. Conditions of competition.-(a) Is the HEDP market subject to business cycles (other than general economy-wide
conditions) and/or other conditions of competition distinctive to HEDP? If yes, describe.
Check all that apply.
Please describe.
No
Skip to question IV-16.
Yes-Business cycles (e.g.
seasonal business)
Yes-Other distinctive
conditions of competition
(b) If yes, have there been any changes in the business cycles or conditions of competition for
HEDP since January 1, 2014?
No
Yes
If yes, describe.
IV-16. Supply constraints.--Has your firm refused, declined, or been unable to supply HEDP since
January 1, 2014 (examples include placing customers on allocation or “controlled order entry,”
declining to accept new customers or renew existing customers, delivering less than the
quantity promised, been unable to meet timely shipment commitments, etc.)?
No
Yes
If yes, please describe.
IV-17. Raw materials.--How have HEDP raw materials prices changed since January 1, 2014?
Fluctuate
Overall
No
Overall
with no
increase change decrease clear trend
Explain, noting how raw material price changes
have affected your firm’s selling prices for HEDP.
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U.S. Producers’ Questionnaire - HEDP
Page 31
IV-18. Interchangeability.--Is HEDP produced in the United States and in other countries
interchangeable (i.e., can they physically be used in the same applications)?
Please indicate A, F, S, N, or 0 in the table below:
A = the products from a specified country-pair are always interchangeable
F = the products are frequently interchangeable
S = the products are sometimes interchangeable
N = the products are never interchangeable
0 = no familiarity with products from a specified country-pair
Country-pair
China
India
Other countries
United States
China
India
For any country-pair producing HEDP that is sometimes or never interchangeable, identify the
country-pair and explain the factors that limit or preclude interchangeable use:
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Page 32
IV-19. Factors other than price.--Are differences other than price (e.g., quality, availability,
transportation network, product range, technical support, etc.) between HEDP produced in the
United States and in other countries a significant factor in your firm’s sales of the products?
Please indicate A, F, S, N, or 0 in the table below:
A = such differences are always significant
F = such differences are frequently significant
S = such differences are sometimes significant
N = such differences are never significant
0 = no familiarity with products from a specified country-pair
Country-pair
China
India
Other countries
United States
China
India
For any country-pair for which factors other than price always or frequently are a significant
factor in your firm’s sales of HEDP, identify the country-pair and report the advantages or
disadvantages imparted by such factors:
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Page 33
IV-20. Customer identification.--List the names and contact information for your firm’s 10 largest U.S.
customers for HEDP since January 1, 2014. Indicate the share of the quantity of your firm’s total
shipments of HEDP that each of these customers accounted for in 2016.
Customer’s name
1
2
3
4
5
6
7
8
9
10
City
State
Share of 2016 sales (%)
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IV-21. Competition from imports
(a)
Lost revenue.--Since January 1, 2014: To avoid losing sales to competitors selling HEDP
from China, did your firm:
Item
No
Yes
Reduce prices
Roll back announced price increases
(b)
Lost sales.--Since January 1, 2014: Did your firm lose sales of HEDP to imports of this
product from China?
No
Yes
IV-22. Other explanations.--If your firm would like to further explain a response to a question in Part
IV that did not provide a narrative response box, please note the question number and the
explanation in the space provided below. Please also use this space to highlight any issues your
firm had in providing the data in this section, including but not limited to technical issues with
the MS Word questionnaire.
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U.S. Producers’ Questionnaire - HEDP
Page 35
HOW TO FILE YOUR QUESTIONNAIRE RESPONSE
This questionnaire is available as a “fillable” form in MS Word format on the
Commission’s website at:
http://www.usitc.gov/investigations/701731/2016/1_hydroxyethylidene_1_1_diphosph
onic_acid_china/preliminary.htm
Please do not attempt to modify the format or permissions of the questionnaire
document. Please submit the completed questionnaire using one of the methods noted
below. If your firm is unable to complete the MS Word questionnaire or cannot use one
of the electronic methods of submission, please contact the Commission for further
instructions.
• Upload via Secure Drop Box.—Upload the MS Word questionnaire along with a scanned copy of the
signed certification page (page 1) through the Commission’s secure upload facility:
Web address: https://dropbox.usitc.gov/oinv/
Pin: HEDP
• E-mail.—E-mail the MS Word questionnaire to Edward.petronzio@usitc.gov; include a scanned copy of
the signed certification page (page 1). Submitters are strongly encouraged to encrypt nonpublic
documents that are electronically transmitted to the Commission to protect your sensitive information
from unauthorized disclosure. The USITC secure drop-box system and the Electronic Document
Information System (EDIS) use Federal Information Processing Standards (FIPS) 140-2 cryptographic
algorithms to encrypt data in transit. Submitting your nonpublic documents by a means that does not
use these encryption algorithms (such as by email) may subject your firm’s nonpublic information to
unauthorized disclosure during transmission. If you choose a non-encrypted method of electronic
transmission, the Commission warns you that the risk of such possible unauthorized disclosure is
assumed by you and not by the Commission.
If your firm does not produce this product, please fill out page 1, print, sign, and submit a scanned copy
to the Commission.
Parties to this proceeding.—If your firm is a party to this proceeding, it is required to serve a copy of the
completed questionnaire on parties to the proceeding that are subject to administrative protective
order (see 19 CFR § 207.7). A list of such parties may be obtained from the Commission’s Secretary (202205-1803). A certificate of service must accompany the completed questionnaire you submit (see 19 CFR
§ 207.7). Service of the questionnaire must be made in paper form.
| File Type | application/pdf |
| File Title | USITCQUESTIONNAIRE |
| Subject | Title 7 investigations |
| Author | Preece, Amelia |
| File Modified | 2016-11-30 |
| File Created | 2016-11-30 |