17-4-3711 Foreign Producers'/Exporters' Questionnaire

OMB No. 3117-0016/USITC No. 17-4-3711; Expiration Date: 6/30/2020
(No response is required if currently valid OMB control number is not displayed)

FOREIGN PRODUCERS’/EXPORTERS’ QUESTIONNAIRE
RIPE OLIVES FROM SPAIN
This questionnaire must be received by the Commission by July 6, 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 ripe olives from Spain (Inv.
Nos. 701-TA-582 and 731-TA-1377 (Preliminary)). The information requested in the questionnaire is requested
under the authority of the Tariff Act of 1930, title VII.

Name of firm
Address
Website
Has your firm produced or exported ripe olives (as defined on next page) at any time since January 1, 2013?

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 Commission Drop Box by clicking on the following link:
https://dropbox.usitc.gov/oinv/. (PIN: RIPE)
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
proceeding or other proceedings 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

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Foreign Producers’ Questionnaire –Ripe olives

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PART I.—GENERAL INFORMATION
Background. --This proceeding was instituted in response to a petition instituted on June 22, 2017, by
the Coalition for Fair Trade in Ripe Olives, consisting of Bell-Carter Foods, Walnut Creek, CA, and Musco
Family Olive Company, Tracy, CA. Countervailing and/or 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 (“Commerce”) makes
an affirmative determination of subsidization and/or dumping. Questionnaires and other information
pertinent to this proceeding are available at
http://wwwadmin.usitc.gov/investigations/701731/2017/ripe_olives_spain/preliminary.htm.
Ripe olives covered by these investigations are certain processed olives, usually referred to as "ripe
olives." The subject merchandise includes all colors of olives; all shapes and sizes of olives, whether
pitted or not pitted, and whether whole, sliced, chopped, minced, wedged, broken, or otherwise
reduced in size; all types of packaging, whether for consumer (retail) or institutional (food service) sale,
and whether canned or packaged in glass, metal, plastic, multi-layered airtight containers (including
pouches), or otherwise; and all manners of preparation and preservation, whether low acid or acidified,
stuffed or not stuffed, with or without flavoring and/or saline solution, and including in ambient,
refrigerated, or frozen conditions.
Included are all ripe olives processed in Spain, regardless of the origin of the olives or the location of
packaging. Excluded from the scope are: (1) "Spanish-style" and other similar olives that have been
processed by being both fermented and briefly cured in an alkaline solution; (2) olives that have been
processed by fermentation only; and (3) provisionally prepared olives unsuitable for immediate
consumption (currently classifiable in subheading 0711.20 of the Harmonized Tariff Schedule of the
United States (HTSUS)).
The merchandise subject to this petition is currently classifiable under statistical reporting numbers
2005.70.0230, 2005.70.0260, 2005.70.0430, 2005.70.0460, 2005.70.5030, 2005.70.5060, 2005.70.6020,
2005.70.6030, 2005.70.6050, 2005.70.6060, 2005.70.6070, 2005.70.7000, 2005.70.7510, 2005.70.7515,
2005.70.7520, and 2005.70.7525 HTSUS.
Subject merchandise may also be imported under statistical reporting numbers 2005.70.0600,
2005.70.0800, 2005.70.1200, 2005.70.1600, 2005.70.1800, 2005.70.2300, 2005.70.2510, 2005.70.2520,
2005.70.2530, 2005.70.2540, 2005.70.2550, 2005.70.2560, 2005.70.9100, 2005.70.9300, and
2005.70.9700.
The HTSUS provisions are for convenience and Customs purposes; the written description of the scope 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,
purchaser and/or foreign producer 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

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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.
Valid number error messages.--If you are completing this form in a country that uses periods (“.”) to
delineate multiples of 1000 (e.g., one million would appear as $1.000.000 rather than $1,000,000), you
may be unable to enter in numbers greater than 999 in numeric form fields. The solution to this data
entry issue is to temporarily change your operating system’s number formatting to be consistent with
the U.S. number formatting system while you complete this form. Detailed instructions on how to
resolve this issue is provided at the end of this questionnaire and is available upon request from Jordan
Harriman (202-205-2610, jordan.harriman@usitc.gov).

Business Proprietary
Foreign Producers’ Questionnaire –Ripe olives
I-1.

Page 4

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
20 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-2.

Establishments covered.--Provide the name and address of establishment(s) covered by this
questionnaire. If your firm is publicly traded, please specify the stock exchange and trading
symbol.
“Establishment”-- Each facility of a firm in Spain involved in the production or export of ripe
olives, including auxiliary facilities operated in conjunction with (whether or not physically
separate from) such facilities. Firms operating more than one establishment in Spain should
combine the data for all establishments into a single report.

I-3.

Related producers.--Does your firm or any related firm produce, have the capability to produce,
or have any plans to produce ripe olives in the United States or other countries?
No

Yes--Please name the firm(s) and country(ies) below and, if U.S. producer(s),
ensure that they complete the Commission’s U.S. producer
questionnaire.

Business Proprietary
Foreign Producers’ Questionnaire –Ripe olives
I-4.

Related U.S. importers.--Does your firm or any related firm import or have any plans to import
ripe olives into the United States?
No

I-5.

2
3
4
5

Yes--Please name the firm(s) below and ensure that they complete the
Commission’s importer questionnaire.

U.S. importers.--Please provide the names, street addresses (not P.O. boxes), contacts,
telephone numbers, and e-mail addresses of the FIVE largest U.S. importers of your firm’s ripe
olives in 2016.

Importer’s name
1

Page 5

Contact person

Email

Telephone

Share of your
firm’s 2016 U.S.
exports (%)

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Foreign Producers’ Questionnaire –Ripe olives

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PART II.--TRADE AND RELATED INFORMATION
Further information on this part of the questionnaire can be obtained from Jordan Harriman (202-2052610, jordan.harriman@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 ripe olives since January 1, 2013.
(check as many as appropriate)
plant openings
plant closings
relocations
expansions
acquisitions
consolidations
weather related disruptions
prolonged shutdowns or
production curtailments
revised labor agreements
other (e.g., technology)

(If checked, please describe; leave blank if not applicable)

Business Proprietary
Foreign Producers’ Questionnaire –Ripe olives
II-3.

Anticipated changes in operations.--Does your firm anticipate any changes in the character of
its operations or organization (as noted above) relating to the production of ripe olives in the
future?
No

II-4a.

Page 7

Yes–Supply details as to the time, nature, and significance of such changes
and provide underlying assumptions, along with relevant portions of
business plans or other supporting documentation that address this
issue. Include in the response a specific projection of your firm’s
capacity to produce ripe olives (in short tons, drained weight) for
2017 and 2018.

Production using same machinery.-- Please report your firm’s production of products made on
the same equipment and machinery used to produce ripe olives, and the combined production
capacity on this shared equipment and machinery.
“Overall production capacity” or “capacity” –The level of production that your
establishment(s) could reasonably have expected to attain during the specified periods for all
products manufactured in that establishment using the same manufacturing equipment.
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 establishment(s) in Spain, including production consumed
internally within your firm.
Quantity (in short tons, drained weight)
Actual experience

Projections

Calendar year
Item

2013

2014

2015

2016

2017

2018

Overall production capacity
Production of:
Ripe olives 1

0

0

0

0

0

0

0

0

0

0

0

0

Sicilian-style, Spanish-style, or
other similar olives that have
been processed by being both
fermented and briefly cured
in an alkaline solution
Other products2
Total
1
2

Data entered for production of ripe olives will populate here once reported in question II-10.
Please identify these other products:
.

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II-4b.

Operating parameters.--The production capacity reported in II-4a is based on operating
per week,
weeks per year.

II-4c.

Capacity calculation.--Please describe the methodology used to calculate overall production
capacity reported in II-4a, and explain any changes in reported capacity.

II-4d.

Production constraints.--Please describe the constraint(s) that set the limit(s) on your firm’s
production capacity.

II-4e.

Product shifting.—
(i).

Is your firm able to switch production (capacity) between ripe olives and other products
using the same equipment and/or labor?
No

(ii).

hours

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.

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Foreign Producers’ Questionnaire –Ripe olives

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II-5.

Share of sales.--What percentage of your firm’s total sales in its most recent fiscal year was
represented by sales of ripe olives?
percent.

II-6.

Firm's estimated share of production in Spain.--Please estimate the percentage of total production
of ripe olives in Spain accounted for by your firm’s production in 2016.
percent.

II-7.

Firm's estimated share of country's exports.--Please estimate the percentage of total exports to
the United States of ripe olives from Spain accounted for by your firm’s exports in 2016.
percent.

II-8.

Third country trade actions.--Is the ripe olives exported by your firm subject to
antidumping/countervailing duty/safeguard findings, remedies, or proceedings?
No

II-9a.

Growth cycle.--Since January 1, 2013 has the availability of table olives grown in Spain for use in
processing by your firm been cyclical due to the two-year growth cycle of olives trees?

No

II-9b.

Yes--List the products(s), countries affected, and the date of such
findings/remedies/proceedings.

Yes

If yes—In aggregate what have been years of peak production / what have
been the years of low production years since January 1, 2013

Efforts by firm to manage cyclicality.--Given the cyclical nature of olive production, what steps
has your firm taken to manage this cyclicality (e.g., alternative sources of supply / storage of
inventories of processed olives in peak year for sales in non-peak years / et cetera)?

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Foreign Producers’ Questionnaire –Ripe olives
II-10.

Page 10

Trade data.--Report your firm’s production capacity, production, shipments, and inventories
related to the production of ripe olives in your establishment(s) in Spain during the specified
periods. Do not include resales of ripe olives that your firm did not produce in this question;
those data to the degree they are exported to the United States should only be reported in
question II-11.
Do not submit data by manufacturing facility if they are in the same country. If your firm has
multiple manufacturing establishments within one country, you are required to combine data
for those establishments within one foreign producer questionnaire response.
Do not submit data on multiple countries combined. The establishments reported here should
all be located in the country of the firm’s address reported on the certification page.
Multinational companies with production in multiple subject countries should submit separate
foreign producer questionnaire responses for each subject country.
“Average production capacity” or “capacity” –The level of production that your
establishment(s) could reasonably have expected to attain during the specified periods for all
products manufactured in that establishment using the same manufacturing equipment.
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 Spain, including production consumed
internally within your firm.
“Shipments”--Shipments of products produced in your establishment(s) in Spain. Quantities
reported should be net of returns.
“Home market commercial shipments”--Shipments, other than internal consumption and
transfers to related firms, within Spain.
“Home market internal consumption/transfers to related firms”--Shipments made to
related firms in Spain, including product consumed internally by your firm.
“Export shipments”--Shipments to destinations outstide of the country indicacted on page 1
(Spain), 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.

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Foreign Producers’ Questionnaire –Ripe olives
II-10.

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Trade data.--Continued.
Quantity (in short tons, drained weight)
Projections1

Actual experience
Calendar year
Item

2013

2014

2015

2016

2017

2018

2

Average production capacity (A)
Beginning-of-period inventories
(B)
Production (C)
Home market shipments:
Internal consumption/
transfers (D)
Commercial shipments (E)
Exports to the United States (F)
Exports to all other markets3 (G)
Total exports (H)
(should equal F+G)

0

0

0

0

0

0

Total shipments (I)
(should equal D+E+F+G)

0

0

0

0

0

0

End-of-period inventories (J)
1

Please explain the basis for your firm’s projections.
.
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.
.
3
Identify principal other export markets.
.
2

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Foreign Producers’ Questionnaire –Ripe olives
II-10.

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Trade data.—Continued.
RECONCILIATION OF SHIPMENTS, PRODUCTION, AND INVENTORY.--Generally, the data reported
for the end-of-period inventories (i.e., line J) 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, E, F, and
G). 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.
Projections1

Actual experience
Calendar year
Reconciliation

2013

B + C – D – E – F –G – J = should
equal zero ("0") or provide an
explanation.1)
1

2014

0

2015

0

2016

0

2017

0

2018

0

0

Explanation if the calculated fields above are returning values other than zero (i.e., “0”) but are nonetheless accurate.

II-11.

Exports to the United States not produced by your firm.--Report your firm’s exports to the
United States of ripe olives that were produced in Spain but not by your firm during the
specified periods. Note these data should not be included in question II-10.
Quantity (in short tons, drained weight)
Projections1

Actual experience
Calendar year
Item

2013

2014

2015

2016

2017

2018

Exports of ripe olives to the
United States not produced by
your firm1
1

List the producer(s).

II-12.

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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Correcting Valid number error messages.--If you are completing a Commission

questionnaire in a country that uses periods (“.”) to delineate multiples of 1000 (e.g., one million would
appear as $1.000.000 instead of as $1,000,000), you may be unable to enter in numbers greater than
999 in numeric form fields. This issues stem from your computer number formatting setting (e.g., not
the MS Word document itself, but the computer from which you are opening up the document). In the
United States commas (,) delineate multiples of 1000 and periods (.) delineate fractions less than one.
Many EU countries use the reverse where multiples of 1000 are delineated with periods (.) and
fractions less than one are delineated with commas (,). The US International Trade Commission’s
questionnaires are set-up in the United States with the U.S. number formatting. When this formatting
interacts with a computer set to EU number formatting, we believe this may cause this issue.
The solution to this data entry issue is to temporarily change your operating system’s number
formatting to be consistent with the U.S. number formatting system while you complete the
questionnaire.
To temporarily change your computer’s number settings to U.S. settings, please do the following (for
Microsoft Windows Operating system):
•
•
•
•
•

START
Control Panel
Region and Language (under Clock, Language, and Region category)
Format tab
Change the Format from your existing one (e.g. “Italian (Italy)”) to “English (United States)” (see
screen shots below)

When you do this the number “twelve million dollars and thirty five cents” would change from
$12.000.000,35 (Italy format) to $12,000,000.35 (U.S. format), and then there will be no conflict with
the USITC foreign producer questionnaire form. When you finish reporting the data then you can close
the questionnaire and switch back to Italy settings.

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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://wwwadmin.usitc.gov/investigations/701731/2017/ripe_olives_spain/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: RIPE

• E-mail.—E-mail your questionnaire to jordan.harriman@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 did not produce or export 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, you are 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.