18-4-3967 Foreign producers' questionnaire

OMB No. 3117-0016/USITC No. 18-4-3967; Expiration Date: 6/30/2020
(No response is required if currently valid OMB control number is not displayed)

FOREIGN PRODUCERS’/EXPORTERS’ QUESTIONNAIRE
REFILLABLE STAINLESS STEEL KEGS FROM CHINA, GERMANY, AND MEXICO
This questionnaire must be received by the Commission by October 4, 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 countervailing duty/antidumping investigations concerning refillable stainless steel kegs
from China, Germany, and Mexico (Inv. Nos. 701-TA-610 and 731-TA-1425-1427 (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 refillable stainless steel kegs (as defined on next page) at any time since
January 1, 2015?

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)

Data reported in this questionnaire relate to (Check one):
CHINA

GERMANY

MEXICO

Return questionnaire via the Commission Drop Box by clicking on the following link:
https://dropbox.usitc.gov/oinv/. (PIN: KEGS)
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

Signature

Phone

Email address

Business Proprietary
Foreign Producers’ Questionnaire – Refillable Stainless Steel Kegs (Preliminary)

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PART I.—GENERAL INFORMATION
Background.--This proceeding was instituted in response to a petition filed on September 20, 2018, by
American Keg Company, LLC, Pottstown, Pennsylvania. 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/dumping.
Questionnaires and other information pertinent to this proceeding are available at
https://www.usitc.gov/investigations/701731/2018/stainless_steel_kegs_china_germany_and_mexico/
preliminary.htm
Refillable stainless steel kegs covered by these investigations are cylindrical kegs, vessels, or containers
capable of being pressurized made from stainless steel (i.e., steel containing at least 10.5 percent
chromium by weight and less than 1.2 percent carbon by weight, with or without other elements)
("refillable stainless steel kegs") with a nominal liquid volume capacity of 10 liters or more, regardless of
the type of finish, gauge, thickness, or grade of stainless steel, regardless of finish, and whether or not
covered by or encased in other materials. Refillable stainless steel kegs may be imported assembled or
unassembled, with or without all components (including spears, couplers or taps, necks, collars, and
valves), and filled or unfilled. Assembled refillable stainless steel kegs must be capable of being
pressurized to 60 pounds per square inch ("PSI") and must be tested to 90 PSI.
"Unassembled" or "unfinished" refillable stainless steel kegs include drawn stainless steel cylinders that
have been welded to form the body of the keg and welded to an upper (top) chime and/or lower
(bottom) chime. Unassembled refillable stainless steel kegs may or may not be welded to a neck, may or
may not have a valve assembly attached, and may be otherwise complete except for testing,
certification and/or marking.
Subject merchandise also includes refillable stainless steel kegs that have been further processed in a
third country, including but not limited to, attachment of necks, collars, spears or valves, heat
treatment, pickling, passivation, painting, testing, certification or any other processing that would not
otherwise remove the merchandise from the scope of the investigation if performed in the country of
manufacture of the in-scope refillable stainless steel keg.
Specifically excluded are the following:
(1)
vessels or containers that are not cylindrical in nature;
(2)
stainless steel kegs, vessels, or containers that have either a "ball lock" valve system or a "pin
lock" valve system (commonly known as a "Cornelius," ''corny" or "ball lock" kegs);
(3)
any fully assembled or finished stainless steel keg, vessel, or container that is incompatible with
a "D Sankey" extractor (commonly known as a "D Coupler" or "Sankey"); and
(4)
necks, spears, couplers or taps, collars, and valves that are not imported with the subject
merchandise.
(5)
stainless steel kegs that are filled with beer, wine, or other liquid and that are designated by the
Commissioner of Customs as Instruments of International Traffic within the meaning of section 332(a) of
the Tariff Act of 1930, as amended.
The merchandise covered by these investigations is currently classified in the Harmonized Tariff
Schedule of the United States ("HTSUS") under subheading 7310.10.0010, 7310.10.0050, 7310.29.0025,
and 7310.29.0050.

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These HTSUS subheadings are provided for convenience and customs purposes; the written description
of the scope of this investigation is dispositive. 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
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 Celia
Feldpausch (202-205-2387, celia.feldpausch@usitc.gov).

Business Proprietary
Foreign Producers’ Questionnaire –Refillable Stainless Steel Kegs (Preliminary)
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 China, Germany, and Mexico involved in the
production or export of refillable stainless steel kegs, including auxiliary facilities operated in
conjunction with (whether or not physically separate from) such facilities. Firms operating more
than one establishment in China, Germany, and Mexico 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 refillable stainless steel kegs in the United States or other
countries?

No

Yes

If yes, please name the firm(s) and country(ies) below and, if U.S.
producer(s), ensure that they complete the Commission’s producer
questionnaire.

Business Proprietary
Foreign Producers’ Questionnaire –Refillable Stainless Steel Kegs (Preliminary)
I-4.

Related U.S. importers.--Does your firm or any related firm import or have any plans to import
refillable stainless steel kegs into the United States?

No

I-5.

Yes

2
3
4
5

If yes, please name the firm(s) below and ensure that they complete the
Commission’s importer questionnaire:

U.S. importers.--Please provide the names, contacts, telephone numbers, and e-mail addresses
of the FIVE largest U.S. importers of your firm’s refillable stainless steel kegs in 2017.

Importer’s name
1

Page 5

Contact person

Email

Telephone

Share of your
firm’s 2017 U.S.
exports (%)

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Foreign Producers’ Questionnaire –Refillable Stainless Steel Kegs (Preliminary)

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PART II.--TRADE AND RELATED INFORMATION
Further information on this part of the questionnaire can be obtained from Celia Feldpausch (202-2052387, celia.feldpausch@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-2a.

Changes in operations.--Please indicate whether your firm has experienced any of the following
changes in relation to the production of refillable stainless steel kegs since January 1, 2015.
(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)

Business Proprietary
Foreign Producers’ Questionnaire –Refillable Stainless Steel Kegs (Preliminary)
II-2b.

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 refillable stainless
steel kegs in the future?

No

II-3a.

Page 7

Yes

If yes, supply details as to the time, nature, and significance of such
changes and provide underlying assumptions.

Production using same machinery.-- Please report your firm’s production of products using the
same equipment, machinery, or employees as used to produce refillable stainless steel kegs,
and the combined production capacity on this shared equipment, machinery, or employees 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 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).
Note.--If your firm does not produce any out-of-scope merchandise on the same machinery and
equipment as scope merchandise then the "overall production capacity" numbers reported in
this question should be exactly equal to the "average production capacity" numbers reported in
question II-8. If, however, your firm does produce out-of-scope merchandise using the same
machinery and equipment as scope mercandhise, then the "average production capacity"
reported in question II-8 should exclude the portion of "overall production capacity" that was
used to produce this out-of-scope merchandise.
“Production” --All production in your establishment(s) in China, Germany, and Mexico, including
production consumed internally within your firm.
Quantity (pounds tare weight)
Calendar years
Item

2015

Overall production capacity
Production of:
Refillable stainless steel kegs
Other products1
Total
1

Please identify these products:

.

2016

January-June
2017

2017

2018

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Foreign Producers’ Questionnaire –Refillable Stainless Steel Kegs (Preliminary)
II-3b.

Page 8

Operating parameters.--The production capacity reported in II-3a is based on the following
operating paramaters:
Hours per week

Weeks per year

II-3c.

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

II-3e.

Product shifting.—
(i).

Is your firm able to switch production (capacity) between refillable stainless steel kegs and
other products using the same equipment and/or labor?

No

(ii).

Yes

If 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 –Refillable Stainless Steel Kegs (Preliminary)

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II-4.

Share of sales.--What percentage of your firm’s total sales in its most recent fiscal year was
represented by sales of refillable stainless steel kegs?
percent.

II-5.

Firm's estimated share of production in China, Germany, and Mexico.--Please estimate the
percentage of total production of refillable stainless steel kegs in the country specified on the
certification page accounted for by your firm’s production in 2017.
percent.

II-6.

Firm's estimated share of country's exports.--Please estimate the percentage of total exports to
the United States of refillable stainless steel kegs from the country specified on the certification
page accounted for by your firm’s exports in 2017.
percent.

II-7.

Third country trade actions.--Are the refillable stainless steel kegs exported by your firm subject
to antidumping/countervailing duty/safeguard findings, remedies, or proceedings?

No

Yes

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

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Foreign Producers’ Questionnaire –Refillable Stainless Steel Kegs (Preliminary)
II-8.

Page 10

Trade data.--Report your firm’s production capacity, production, shipments, and inventories
related to the production of refillable stainless steel kegs in your establishment(s) in China,
Germany, and Mexico during the specified periods. Do not include resales of refillable stainless
steel kegs 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-9.
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 China, Germany, and Mexico, including
production consumed internally within your firm.
“Shipments”--Shipments of products produced in your establishment(s) in China, Germany, and
Mexico. Quantities
reported should be net of returns.
“Home market commercial shipments”--Shipments, other than internal consumption and
transfers to related firms, within China, Germany, and Mexico.
“Home market internal consumption/transfers to related firms”--Shipments made to
related firms in China, Germany, and Mexico, including product consumed internally by your
firm.
“Export shipments”--Shipments to destinations outstide of the country indicacted on page 1
(China, Germany, and Mexico), 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 –Refillable Stainless Steel Kegs (Preliminary)
II-8.

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Trade data.--Continued.
Quantity (in units)
Actual experience

Projections1

Calendar year
Item

2015

2016

January-June
2017

2017

Calendar year

2018

2018

2019

Average production capacity (A)
2

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

0

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

0

0

0

0

0

0

0

End-of-period inventories (J)
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.
.
1
2

.

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.
Actual experience
Calendar year
Item

2015

2016

Projections
January-June

2017

2017

2018

Calendar year
2018

2019

B + C – D – E – F –G – J = should equal
zero ("0") or provide an explanation.1
0
0
0
0
0
0
1
Explanation if the calculated fields above are returning values other than zero (i.e., “0”) but are nonetheless
accurate:

0

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Foreign Producers’ Questionnaire –Refillable Stainless Steel Kegs (Preliminary)
II-9.

Page 12

Exports to the United States not produced by your firm.--Report your firm’s exports to the
United States of refillable stainless steel kegs produced in China, Germany, and Mexico but not
by your firm during the specified periods. Note these data should not be included in question II8.
Quantity (in units)
Actual experience
Calendar year
Item

2015

2016

Projections
January-June

2017

2017

2018

Calendar year
2018

2019

Exports of refillable stainless
steel kegs to the United States
not produced by your firm1
1

List the producer(s).

II-10.

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

.

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Foreign Producers’ Questionnaire –Refillable Stainless Steel Kegs (Preliminary)

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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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Foreign Producers’ Questionnaire –Refillable Stainless Steel Kegs (Preliminary)

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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:
https://www.usitc.gov/investigations/701731/2018/stainless_steel_kegs_china_german
y_and_mexico/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: KEGS

• E-mail.—E-mail your questionnaire to celia.feldpausch@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.