18-2-3981 US importers' questionnaire

Information collections for import injury investigations (producers, importers, purchasers, and foreign producer questionnaires and institution notices for 5-year reviews)

Importers questionnaire_Final

Fresh tomatoes from Mexico (Inv. no. 731-TA-747)

OMB: 3117-0016

⚠️ Notice: This form may be outdated. More recent filings and information on OMB 3117-0016 can be found here:

Document [pdf]

Download: pdf | pdf

OMB No. 3117-0016/USITC No. 18-2-3981; Expiration Date: 6/30/2020
(No response is required if currently valid OMB control number is not displayed)

U.S. IMPORTERS’ QUESTIONNAIRE
Fresh Tomatoes from Mexico
This questionnaire must be received by the Commission by December 3, 2018
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 review of the suspension of the antidumping duty investigation concerning fresh tomatoes from
Mexico (inv. No. 731-TA-747 (Fourth Review)). 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 imported fresh tomatoes (as defined on the next page) from any country at any time
since January 1, 2012?

(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: FRESH)
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 investigations or reviews 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

Signature

Phone

Email address

Business Proprietary
U.S. Importers’ Questionnaire - Fresh Tomatoes (Fourth Review)

Page 2

PART I.—GENERAL INFORMATION
Background.-- On November 1, 1996, the Department of Commerce (“Commerce”) suspended an
investigation on imports of fresh tomatoes from Mexico pursuant to a suspension agreement with
growers and processors that accounted for substantially all imports of fresh tomatoes from Mexico. The
suspension agreement was renegotiated three subsequent times, and the most recent suspension
agreement was adopted on March 8, 2013. On February 1, 2018, the Commission instituted a review
pursuant to section 751(c) of the Tariff Act of 1930 (19 U.S.C. § 1675(c)) (the Act) to determine whether
termination of the suspended investigation would be likely to lead to continuation or recurrence of
material injury to the domestic industry within a reasonably foreseeable time. If both the Commission
and Commerce make an affirmative determination, the suspension agreement will remain in place. If
either the Commission or Commerce makes a negative determination, Commerce will terminate the
suspension agreement. Questionnaires and other information pertinent to this proceeding are available
at https://www.usitc.gov/investigations/701731/2018/fresh_tomatoes_mexico/fourth_review_full.htm.
Fresh Tomatoes are all fresh or chilled tomatoes (fresh tomatoes) which have Mexico as their origin,
except for those tomatoes which are for processing. For purposes of this suspension agreement,
processing is defined to include preserving by any commercial process, such as canning, dehydrating,
drying, or the addition of chemical substances, or converting the tomato product into juices, sauces, or
purees. Fresh tomatoes that are imported for cutting up, not further processing (e.g., tomatoes used in
the preparation of fresh salsa or salad bars), are covered by this suspension agreement.
Commercially grown tomatoes, both for the fresh market and for processing, are classified as
Lycopersicon esculentum. Important commercial varieties of fresh tomatoes include common round,
cherry, grape, plum, greenhouse, and pear tomatoes, all of which are covered by this Suspension
Agreement.
Tomatoes imported from Mexico covered by this suspension agreement are classified under the
following subheading of the Harmonized Tariff Schedules of the United States (HTSUS), according to the
season of importation: 0702.00. Although the HTSUS numbers are provided for convenience and
customs purposes, 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,
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
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.

Business Proprietary
U.S. Importers’ Questionnaire - Fresh Tomatoes (Fourth Review)

Page 3

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
Christopher Couper (202-708-1440, christopher.couper@usitc.gov).
D-GRIDS tool.--The Commission has a tool that firms can use to move data from their own MS Excel
compilation files into self-contained data tables within this MS Word questionnaire, thereby reducing
the amount of cell-by-cell data entry that would be required to complete this form. This tool is a macroenabled MS Excel file available for download from the Commission's generic questionnaires webpage
(https://www.usitc.gov/trade_remedy/question.htm) called the "D-GRIDs tool." Use of this tool to help
your firm complete this questionnaire is optional. Firms opting to use the D-GRIDs tool to populate their
data into this questionnaire will need the D-GRIDs specification sheet PDF file specific to this proceeding
(available on the case page which is linked under the "Background" above) which includes the necessary
references relating to this questionnaire, as well as the macro-enable MS Excel D-GRIDs tool itself from
the generic questionnaires page. More detailed instructions on how to use the D-GRIDs tool are
available within the D-GRIDs tool itself.

Business Proprietary
U.S. Importers’ Questionnaire - Fresh Tomatoes (Fourth Review)
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 40
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 involved in the importation of fresh tomatoes, including
auxiliary facilities operated in conjunction with (whether or not physically separate from) such
facilities.

I-3.

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)

Business Proprietary
U.S. Importers’ Questionnaire - Fresh Tomatoes (Fourth Review)
I-4.

Related importers/exporters.--Does your firm have any related firms, either domestic or
foreign, that are engaged in importing fresh tomatoes into the United States or that are
engaged in exporting fresh tomatoes to the United States?
No

Yes--List the following information.

Firm name

I-5.

Country

Affiliation

Related producers.--Does your firm have any related firms, either domestic or foreign, that are
engaged in the production or packing of fresh tomatoes?
No

Yes--List the following information.

Firm name

I-6.

Page 5

Country

Affiliation

Importing operations.--Please indicate the nature of your firm’s importing operations on fresh
tomatoes. More than one answer may be applicable.
Importer of record

Takes title to the
imported product(s)

Consignee of the
imported products(s)

Customs broker or
freight forwarder

Business Proprietary
U.S. Importers’ Questionnaire - Fresh Tomatoes (Fourth Review)
I-7.

Consignees.--If your firm is an importer of record of fresh tomatoes but is not the consignee,
please list the consignees below (firm name, address, telephone number, and individual to
contact).
Firm name

I-8.

Page 6

Contact person and
phone number

Address

FTZ, TIB, or bonded warehouses.--Please indicate whether your firm enters fresh tomatoes into,
or withdraws such merchandise from, foreign trade zones or bonded warehouses. Also indicate
whether your firm imports fresh tomatoes under the TIB (temporary importation under bond)
program.
“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, as
well as other savings. A foreign trade zone must be designed as such pursuant to the rules and
procedures set forth in the Foreign-Trade Zones Act.
“Bonded warehouse” is a secured facility supervised by U.S. customs, where dutiable landed
imports are stored pending their re-export, or release after payment of import duties, taxes, and
other charges. A bonded warehouse must be designed as such pursuant to the rules and
procedures set forth in 19 U.S.C. § 1555.
“Temporary Importation under Bond (“TIB”) program” is a procedure whereby, imported
merchandise may be entered under certain conditions for a limited time into the United States
free of duty. Under the program, an importer posts a bond for twice the amount of duty, taxes,
etc. that would otherwise be owed on the importation and agrees to export or destroy the
merchandise within a specified time or pay liquidated damages. This program is restricted to
certain categories of merchandise listed in subheadings 9813.00.05 through 9813.00.75 of the
Harmonized Tariff Schedule (HTS).
Item
Foreign trade zones
Bonded warehouses
Temporary importation under bond

Yes

Business Proprietary
U.S. Importers’ Questionnaire - Fresh Tomatoes (Fourth Review)
I-9.

Business plan.--In Parts II and III of this questionnaire we request a copy of your company’s
business plan. Does your company or any related firm have a business plan or any internal
documents that describe, discuss, or analyze expected market conditions for fresh tomatoes?
No

I-10.

Page 7

Yes–Please provide the requested documents. If you are not providing the
requested documents, please explain why not.

Other trade actions.--To your knowledge, have the products subject to this proceeding been the
subject of any other import relief proceedings in the United States or in any other countries?
No

Yes–Please specify.

Business Proprietary
U.S. Importers’ Questionnaire - Fresh Tomatoes (Fourth Review)

Page 8

PART II.--TRADE AND RELATED INFORMATION
Further information on this part of the questionnaire can be obtained from Christopher Couper (202708-1440, christopher.couper@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

II-2a.

Changes in operations.--Please indicate whether your firm has experienced any of the following
changes in relation to the importation of fresh tomatoes since January 1, 2012.
Check as many as appropriate.
Office/warehouse openings
Office/warehouse closings
Relocations
Expansions
Acquisitions
Consolidations
Prolonged shutdowns or
importation curtailments
Revised labor agreements
Weather-related events
Other (e.g., technology)

If checked, please describe; leave blank if not applicable.

Business Proprietary
U.S. Importers’ Questionnaire - Fresh Tomatoes (Fourth Review)
II -2b

Anticipated changes in operations.—Does your firm anticipate any changes in in the character
of its operations or organization relating to the importation of fresh tomatoes in the future?

II-3.

Page 9

Yes

If 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
documentations that address this issue.

Arranged imports.--Has your firm imported or arranged for the importation of fresh tomatoes
for delivery after September 30, 2018?
“Arranged imports” are imports for which your firm has placed an order with a foreign supplier
for subject merchandise, but delivery of those imports is not scheduled to occur until after the
date listed above.
No

Yes–Fill out the table below.
Quantity (pounds)

Period/Source

Oct-Dec 2018

Jan-Mar 2019

Apr-June 2019

July-Sep 2019

Mexico
All other sources
II-4.

Reasons for importing if producer.--If your firm also produces fresh tomatoes in the United
States, please indicate the reasons for importing this product. If your firm’s reasons differ by
source, please elaborate.

Business Proprietary
U.S. Importers’ Questionnaire - Fresh Tomatoes (Fourth Review)

Page 10

Definitions
“Imports” –Those products identified for Customs purposes as imports for consumption for
which your firm was the importer of record (i.e., was responsible for paying any import duty) or
consignee (i.e., to which the merchandise was first delivered).
“Import quantities” –Quantities reported should be net of returns.
“Import values”—Values reported should be landed, duty-paid values at the U.S. port of entry,
including ocean freight and insurance costs, brokerage charges, and import duties (i.e., all
charges except inland freight in the United States).
“U.S. shipments”— Shipments made within the United States (inclusive of commercial U.S.
shipments, internal consumption, and transfers to related firms) 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. Such transactions are
valued at fair market value.
“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.
“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. Importers’ Questionnaire - Fresh Tomatoes (Fourth Review)
II-5a.

Page 11

Imports from Mexico.--Report your firm’s imports and your firm’s shipments and inventories of
fresh tomatoes imported from Mexico during the specified periods.

MEXICO
Quantity (pounds), value (dollars)
Calendar year
Item

2015

2016

January-September
2017

2017

2018

Beginning-of-period
inventories (quantity) (A)
Imports:1
Quantity (B)
Value (C)
U.S. shipments:
Commercial shipments:
Quantity (D)
Value (E)
Internal consumption:2
Quantity (F)
Value2 (G)
Transfers to related firms:2
Quantity (H)
Value2 (I)
Export shipments:3
Quantity (J)
Value (K)
End-of-period inventories
(quantity) (L)
Please identify the foreign producers, if known:
.
Internal consumption and transfers to related firms must be valued at fair market value. If your firm uses a different
basis for valuing these transactions in your records, please specify that basis (e.g., cost, cost plus, etc.):
. However, the
data provided above in this table should be based on fair market value.
3
Identify your firm’s principal export markets:
.
1
2

Business Proprietary
U.S. Importers’ Questionnaire - Fresh Tomatoes (Fourth Review)
II-5a.

Page 12

Imports from Mexico.–Continued

RECONCILIATION OF SHIPMENTS, IMPORTS, AND INVENTORIES.--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
A), plus imports (i.e., line B), 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 year
Reconciliation

2015

A + B – D – F – H – J - L=
should equal zero ("0") or
provide an explanation.1
1

2016

January-September
2017

2017

2018

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

II-5b.

Channels of distribution: Mexico
Calendar year
Item

2015

2016

January-September
2017

2017

2018

Quantity (pounds)
Channels of distribution:
U.S. shipments—
to packers/repackers (T)
to distributors, brokers,
handlers (U)
to supermarket and
grocery chains (V)
to food service providers
(W)
to other end users1 (X)
1

Describe:

RECONCILIATION OF CHANNELS.--Please ensure that the quantities reported for channels of distribution
(i.e., lines K and L) 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 year
Reconciliation
M + N + O – D = zero ("0"), if
not revise.

2015

2016
0

January-September
2017

2017
0

2018
0

Business Proprietary
U.S. Importers’ Questionnaire - Fresh Tomatoes (Fourth Review)
II-5c.

Page 13

Historical U.S. imports. --Report the quantity your firm’s imports of fresh tomatoes imported
from Mexico during the specified periods.
Quantity (in pounds), Value (in dollars)
Item

2012

2013

2014

U.S. Imports
Quantity
Value
II-5d.

U.S. shipments by tomato variety.--Please report your firm’s U.S. shipments of fresh tomatoes
from Mexico by tomato variety in 2017.
Quantity (in pounds)
2017
Item

Open field or adapted

Greenhouse or controlled
environment

U.S. shipments:
Round
Roma (plum)
Grape
Other1
Total (S)
1

Please list in order or importance the other tomato varieties your firm ships for sale:

Business Proprietary
U.S. Importers’ Questionnaire - Fresh Tomatoes (Fourth Review)
II-6a.

Page 14

Imports from all other sources.-- Report your firm’s imports and your firm’s shipments and
inventories of fresh tomatoes imported from all other sources combined during the specified
periods.

(list sources:

ALL OTHER SOURCES COMBINED
)
Quantity (pounds), value (dollars)
Calendar year

Item

2015

2016

January-September
2017

2017

2018

Beginning-of-period
inventories (quantity) (A)
Imports:1
Quantity (B)
Value (C)
U.S. shipments:
Commercial shipments:
Quantity (D)
Value (E)
Internal consumption:2
Quantity (F)
Value2 (G)
Transfers to related firms:2
Quantity (H)
Value2 (I)
Export shipments:3
Quantity (J)
Value (K)
End-of-period inventories
(quantity) (L)
Please identify the foreign producers, if known:
.
Internal consumption and transfers to related firms must be valued at fair market value. If your firm uses a different
basis for valuing these transactions in your records, please specify that basis (e.g., cost, cost plus, etc.):
. However,
the data provided above in this table should be based on fair market value.
3
Identify your firm’s principal export markets:
.
1
2

Business Proprietary
U.S. Importers’ Questionnaire - Fresh Tomatoes (Fourth Review)
II-6a.

Page 15

Imports from all other sources.–Continued

2015

A + B – D – F – H – J - L=
should equal zero ("0") or
provide an explanation.1
1

2016

January-September
2017

2017

2018

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

II-6b.

Channels of distribution: All other sources
Calendar year
Item

2015

2016

January-September
2017

2017

2018

Describe:

RECONCILIATION OF CHANNELS.--Please ensure that the quantities reported for channels of distribution
(i.e., lines K and L) in each time period equal the quantity reported for commercial U.S. (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 year
Reconciliation
M + N + O – D = zero ("0"), if
not revise.

2015

2016
0

January-September
2017

2017
0

2018
0

Business Proprietary
U.S. Importers’ Questionnaire - Fresh Tomatoes (Fourth Review)

II-6c.

Page 16

Historical U.S. imports. --Report the quantity your firm’s imports of fresh tomatoes imported
from all other sources combined during the specified periods.
Quantity (pounds), Value (dollars)
Item

2012

2013

2014

Fresh tomatoes
Quantity
Value
II-6d.

U.S. shipments by tomato variety.--Please report your firm’s U.S. shipments of fresh tomatoes
from all other sources by tomato variety in 2017.
Quantity (in pounds)
2017
Item

Open field or adapted

Greenhouse or controlled
environment

U.S. shipments:
Round
Roma (plum)
Grape
Other1
Total (S)
1

Please list in order or importance the other tomato varieties your firm ships for sale:

II-7.

Effect of suspension agreement.--Describe the significance of the existing suspension
agreement covering imports of fresh tomatoes from Mexico in terms of its effect on your firm’s
imports, U.S. shipments of imports, and inventories. You may wish to compare your firm’s
operations before and after the suspension agreement.

Business Proprietary
U.S. Importers’ Questionnaire - Fresh Tomatoes (Fourth Review)
II-8.

Likely impact of revocation. --Would your firm anticipate any changes in in the character of its
operations or organization, including its imports, U.S. shipments of imports, or inventories of
fresh tomatoes in the future if the suspended investigation on fresh tomatoes from Mexico
were to be revoked?

II-9.

Page 17

Yes

Other explanations.--If your firm would like to further explain a response to a question in Part II
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.

Business Proprietary
U.S. Importers’ Questionnaire - Fresh Tomatoes (Fourth Review)

Page 18

PART III.--PRICING AND MARKET FACTORS
Further information on this part of the questionnaire can be obtained from James Horne (202-205-2722,
James.Horne@usitc.gov).
III-1.

PRICE DATA
III-2.

This question requests monthly quantity and value data for your firm’s commercial shipments to
unrelated U.S. customers of the following products your firm imported from Mexico:
Product 1. -- Open field or adapted environment Roma (plum) tomatoes, 85 percent U.S.
#1 or better, bulk packed in 20-pound or above boxes
Product 2. -- Greenhouse Roma (plum) tomatoes, 85 percent U.S. #1 or better, bulk packed in
20-pound or above boxes
Product 3. -- Open field adapted round tomatoes, packed in 15-pound boxes, 85 percent or
better US#1,
Product 4. -- Greenhouse-grown round tomatoes, packed in 15-pound boxes, 85 percent or
better US#1,
Product 5. -- Open field or adapted environment grape tomatoes, packed in one pint clam
shells, 12 pints per box, 85 percent or better US#1
Product 6. -- Greenhouse-grown grape tomatoes, packed in one pint clam shells, 12 pints per
box, 85 percent or better US#1

Business Proprietary
U.S. Importers’ Questionnaire - Fresh Tomatoes (Fourth Review)

Page 19

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).
(a) During January 2015- September 2018, did your firm import from Mexico 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 III-3.

Business Proprietary
U.S. Importers’ Questionnaire - Fresh Tomatoes (Fourth Review)

Page 20

III-2b. Price data.--Report below the quarterly price data for pricing products imported from Mexico
and sold by your firm.

Mexico

Report data in pounds and actual dollars.
2015
Month
Product 1

Quantity
(pounds)

2016
Value
(dollars)

Quantity
(pounds)

2017
Value
(dollars)

Quantity
(pounds)

2018
Value
(dollars)

Quantity
(pounds)

Value
(dollars)

Product 1.--Open field or adapted environment Roma (plum) tomatoes, 85 percent U.S. #1 or better, bulk packed in 20pound or above boxes

January
February
March
April
May
June
July
August
September
October
November
December
2015
Month
Product 2
January
February
March
April
May
June
July
August
September
October
November
December

Quantity
(pounds)

2016
Value
(dollars)

Quantity
(pounds)

2017
Value
(dollars)

Quantity
(pounds)

2018
Value
(dollars)

Quantity
(pounds)

Value
(dollars)

Product 2.--Greenhouse Roma (plum) tomatoes, 85 percent U.S. #1 or better, bulk packed in 20-pound or above boxes

Business Proprietary
U.S. Importers’ Questionnaire - Fresh Tomatoes (Fourth Review)
III-2b. Price data--Continued

Page 21

Mexico

Report data in pounds and actual dollars.
2015
Month
Product 3

Quantity
(pounds)

2016
Value
(dollars)

Quantity
(pounds)

2017
Value
(dollars)

Quantity
(pounds)

2018
Value
(dollars)

Quantity
(pounds)

Value
(dollars)

Product 3.-- Open field adapted round tomatoes, packed in 15-pound boxes, 85 percent or better US#1

January
February
March
April
May
June
July
August
September
October
November
December
2015
Month
Product 4
January
February
March
April
May
June
July
August
September
October
November
December

Quantity
(pounds)

2016
Value
(dollars)

Quantity
(pounds)

2017
Value
(dollars)

Quantity
(pounds)

2018
Value
(dollars)

Quantity
(pounds)

Product 4. -- Greenhouse-grown round tomatoes, packed in 15-pound boxes, 85 percent or better US#1

Value
(dollars)

Business Proprietary
U.S. Importers’ Questionnaire - Fresh Tomatoes (Fourth Review)
III-2b. Price data--Continued

Page 22

Mexico

Report data in pounds and actual dollars.

2015
Month
Product 5

Quantity
(pounds)

2016
Value
(dollars)

Quantity
(pounds)

2017
Value
(dollars)

Quantity
(pounds)

2018
Value
(dollars)

Quantity
(pounds)

Value
(dollars)

Product 5.-- Open field or adapted environment grape tomatoes, packed in one pint clam shells, 12 pints per box, 85 percent
or better US#1

January
February
March
April
May
June
July
August
September
October
November
December
2015
Month
Product 6
January
February
March
April
May
June
July
August
September
October
November
December

Quantity
(pounds)

2016
Value
(dollars)

Quantity
(pounds)

2017
Value
(dollars)

Quantity
(pounds)

2018
Value
(dollars)

Quantity
(pounds)

Value
(dollars)

Product 6. -- Greenhouse-grown grape tomatoes, packed in one pint clam shells, 12 pints per box, 85 percent or better US#1

Business Proprietary
U.S. Importers’ Questionnaire - Fresh Tomatoes (Fourth Review)
III-2c.

Page 23

Price data checklist.--Please check that the pricing data in question III-2(b) has been correctly
reported.
√ if Yes

Is the price and quantity data reported above:
In actual dollars?
In actual pounds?
F.o.b. U.S. point of shipment (i.e., does not include U.S. transport costs)?
Net of all discounts and rebates?
Have returns credited to the quarter in which the sale occurred?
Less than reported commercial shipments in question II-5a in each year?

III-2d. 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.

III-3.

Price setting.--How does your firm determine the prices that it charges for sales of fresh
tomatoes (check all that apply)? If your firm issues price lists, please submit sample pages of a
recent list.
Transaction
by
transaction

III-4.

Contracts

Set
price
lists

Other

If other, describe

Discount policy.--Please indicate and describe your firm’s discount policies (check all that apply).

Quantity
discounts

Annual
total
volume
discounts

No
discount
policy

Other

Describe

Business Proprietary
U.S. Importers’ Questionnaire - Fresh Tomatoes (Fourth Review)
III-5.

Pricing terms.--On what basis are your firm’s prices of imported fresh tomatoes from Mexico
usually quoted? (check one)
Delivered

III-6.

Page 24

F.o.b.

If f.o.b., specify point

Contract versus spot.-- Approximately what share of your firm’s sales of fresh tomatoes
imported from Mexico in 2017 was on a (1) short-term contract basis, (2) annual contract basis,
(3) long-term contract basis, and (4) spot sales basis?

Item
Share of your
2017 sales

Type of sale
Long-term
Annual
contracts
contracts
(multiple
(multiple
deliveries for
deliveries for 12
more than 12
months)
months)

Short-term
contracts
(multiple
deliveries for
less than 12
months)
%

Spot sales
(for a single
delivery)
%

Total
(should
sum to
100.0%)
0.0

III-7. Bundling sales.--Does your frim bundle sales of fresh tomatoes with other products?

Yes

Estimate share of your
fresh tomatoes in 2017 If yes, describe other products that are typically in
that were sold in a bundle bundled sales

Business Proprietary
U.S. Importers’ Questionnaire - Fresh Tomatoes (Fourth Review)
III-8.

Page 25

Contract provisions.--Please fill out the table regarding your firm’s typical sales contracts for
U.S.-produced fresh tomatoes (or check “not applicable” if your firm does not sell on a shortterm, annual and/or long-term contract basis).

Typical sales
contract provisions

Item

Average contract
duration

No. of
days

Price renegotiation
(during contract
period)

Yes

Fixed quantity
and/or price

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

Indexed to raw
material costs1

Price
Both
Yes
No

Not applicable
1

Please identify the indexes used:

III-9.

Lead times.--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 fresh tomatoes?
Lead time (days)

Explanation

Business Proprietary
U.S. Importers’ Questionnaire - Fresh Tomatoes (Fourth Review)

Page 26

III-10. Shipping information.-(a)

What is the approximate percentage of the cost of fresh tomatoes imported from
Mexico that is accounted for by U.S. inland transportation costs?
%

(b)

Who generally arranges the transportation to your firm’s customers’ locations?
Your firm
Purchaser (check one)

(c)

When your firm sells fresh tomatoes imported from Mexico, from where is it shipped?
Point of importation
Storage facility (check one)

(d)

Indicate the approximate percentage of your sales of fresh tomatoes imported from
Mexico that are delivered the following distances from your firm’s U.S. point of
shipment.
Distance from your firm’s U.S. point of shipment

Within 100 miles

101 to 500 miles

501 to 1,000 miles

Over 1,000 miles

Total (should sum to 100.0%)

0.0

III-11. Geographical shipments.-- In which U.S. geographic market area(s) has your firm sold fresh
tomatoes imported from subject countries since January 1, 2012 (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.

Mexico

Business Proprietary
U.S. Importers’ Questionnaire - Fresh Tomatoes (Fourth Review)

Page 27

III-12. Substitutes.—
(a)

Have there been any changes in the number or types of products that can be
substituted for fresh tomatoes since January 1, 2012? Do you anticipate any future
changes?
Changes in
substitutes

Yes

Explain

Changes since
January 1, 2012
Anticipated changes
(b)

If yes, have there been any changes in the business cycles or conditions of competition
for fresh tomatoes since January 1, 2012?
No

Yes

If yes, describe.

III-13. Availability of supply.--Has the availability of fresh tomatoes in the U.S. market changed since
January 1, 2012? Do you anticipate any future changes?
Availability in the U.S.
market

Please explain, noting the countries and reasons for
No Yes the changes.

Changes since January 1, 2012:
U.S.-produced product
Imports from Mexico
Imports from all other
countries
Anticipated changes:
U.S.-produced product
Imports from Mexico
Imports from all other
countries

Business Proprietary
U.S. Importers’ Questionnaire - Fresh Tomatoes (Fourth Review)

Page 28

III-14. Demand trends.-- Indicate how demand within the United States and outside of the United
States (if known) for fresh tomatoes has changed since January 1, 2012, and how you anticipate
demand will change in the future. Explain any trends and describe the principal factors that have
affected, and that you anticipate will affect, these changes in demand.

Overall
increase

Market

No
change

Overall
decrease

Fluctuate
with no
clear trend

Explanation and factors

Demand since January 1, 2012
Within the United States
Outside the United States
Anticipated future demand
Within the United States
Outside the United States
III-15. Product changes.--Have there been any significant changes in the product range, product mix,
or marketing of fresh tomatoes since January 1, 2012? Do you anticipate any future changes?
Changes in product
range, product mix,
or marketing

Yes

Explain

Changes since
January 1, 2012
Anticipated changes
III-16. Product characteristics differences.--Are there seasonal differences (such as availability, flavor,
price, quality, ripeness, etc.) between fresh tomatoes from the U.S. and Mexico

Yes

If yes, please explain the seasonal differences between fresh tomatoes from
the U.S. and Mexico and report the months when these differences occur.

Business Proprietary
U.S. Importers’ Questionnaire - Fresh Tomatoes (Fourth Review)

Page 29

III-17. Conditions of competition.-(a) Is the fresh tomatoes market subject to business cycles (other than general economy-wide
conditions) and/or other conditions of competition distinctive to fresh tomatoes?
Check all that apply.

Please describe.

Skip to question III-18.

Yes-Business cycles (e.g.
seasonal business)
Yes-Seasonality
Yes-Other distinctive
conditions of competition
(b) If yes, have there been any changes in the business cycles or conditions of competition for
fresh tomatoes since January 1, 2012?
No

Yes

If yes, describe.

III-18. Supply constraints.--Has your firm refused, declined, or been unable to supply fresh tomatoes
since January 1, 2012 (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, being unable to meet timely shipment commitments, etc.)?
No

Yes

If yes, please describe.

Business Proprietary
U.S. Importers’ Questionnaire - Fresh Tomatoes (Fourth Review)

Page 30

III-19. Raw materials.--Indicate how the costs of growing fresh tomatoes have changed since January
1, 2012, and how you expect they will change in the future.

Raw
materials
prices

Fluctuate
with no
clear
Overall
No
Overall
increase change decrease trend

Explain, noting how raw material
price changes have affected your
firm’s selling prices for fresh
tomatoes.

Changes since
January 1,
2012
Anticipated
changes
III-20. GMO raw materials.--Has the increased prevalence and concertation of GMO raw material
suppliers impacted the market or your firm’s operations since January 1, 2012?
No

Yes

If yes, please explain.

III-21. GMO vs non-GMO tomato variety.—Has there been an increase in customer awareness of GMO
vs non-GMO varieties and/or any shift in customer preference relating to GMO vs non-GMO
products since January 1, 2012?
No

Yes

If yes, please explain.

III-22. Price comparisons.--Please compare market prices of fresh tomatoes in U.S. and non-U.S.
markets if known. Provide information as to time periods and regions for any price comparisons.

III-23. Market studies.--Please provide as a separate attachment to this request any studies, surveys,
etc. that you are aware of that quantify and/or otherwise discuss fresh tomatoes supply
(including production capacity and capacity utilization) and demand in (1) the United States, (2)
each of the other major producing/consuming countries, including Mexico, and (3) the world as
a whole. Of particular interest is such data from 2012 to the present and forecasts for the
future.

Business Proprietary
U.S. Importers’ Questionnaire - Fresh Tomatoes (Fourth Review)

Page 31

III-24. Interchangeability.--Is fresh tomatoes 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

Mexico

Other countries

United States
Mexico
For any country-pair producing fresh tomatoes which is sometimes or never interchangeable,
please identify the country-pair and explain the factors that limit or preclude interchangeable
use:

Business Proprietary
U.S. Importers’ Questionnaire - Fresh Tomatoes (Fourth Review)

Page 32

III-25. Factors other than price.--Are differences other than price (e.g., quality, availability,
transportation network, product range, technical support, etc.) between fresh tomatoes
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

Mexico

Other countries

United States
Mexico
For any country-pair for which factors other than price always or frequently are a significant
factor in your firm’s purchases of Fresh Tomatoes, identify the country-pair and report the
advantages or disadvantages imparted by such factors:

III-26. Other explanations.--If your firm would like to further explain a response to a question in Part III
for which a narrative box was not provided, 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.

Business Proprietary
U.S. Importers’ Questionnaire - Fresh Tomatoes (Fourth Review)

Page 33

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 questionnaire. When you finish reporting the data then you can close the questionnaire and switch
back to Italy settings.

Business Proprietary
U.S. Importers’ Questionnaire - Fresh Tomatoes (Fourth Review)

Page 34

HOW TO FILE YOUR QUESTIONNAIRE RESPONSE
This questionnaire is available as a “fillable” form in MS Word format on the
Commission’s website at:
https://www.usitc.gov/investigations/701731/2018/fresh_tomatoes_mexico/fourth_rev
iew_full.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: FRESH

• E-mail.—E-mail the MS Word questionnaire to christopher.couper@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 import 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	Importers questionnaire - sunset
Author	Couper, Christopher
File Modified	2018-10-25
File Created	2018-10-25