10-4-2816 Foreign producer questionnaire

OMB No. 3117-0016/USITC No. 10-4-2816; Expiration Date: 6/30/2011
(No response is required if currently valid OMB control number is not displayed)

FOREIGN PRODUCERS’/EXPORTERS’ QUESTIONNAIRE
CHLOROPICRIN FROM CHINA

This questionnaire must be received by the Commission by no later than December 16, 2009
See page 4 of the Instruction Booklet 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 antidumping duty order concerning chloropicrin from China (inv. No. 731-TA-130
(Third Review)). The information requested in the questionnaire is requested under the authority of the Tariff Act of
1930, title VII.

Name of firm
Address
World Wide Web address
Has your firm produced or exported chloropicrin (as defined in the instruction booklet) at any time since
January 1, 2006?

NO
YES

(Sign the certification below and promptly return only this page of the questionnaire to the Commission)
(Read the instruction booklet carefully, complete all parts of the questionnaire, and return the entire
questionnaire to the Commission so as to be received by the date indicated above)

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 review in any other import-injury investigations or reviews
conducted by the Commission on the same or similar merchandise.
I acknowledge that information submitted in this questionnaire response and throughout this review may be used by the
Commission, its employees, and contract personnel who are acting in the capacity of Commission employees, for developing or
maintaining the records of this review or related proceedings for which this information is submitted, or in internal audits and
investigations relating to the programs and operations of the Commission pursuant to 5 U.S.C. Appendix 3. I understand that all
contract personnel will sign non-disclosure agreements.

Name of Authorized Official

Title of Authorized Official
Phone: (

Date

)

Signature

E-mail address
Fax (

)

Business Proprietary
Foreign Producers’/Exporters’ Questionnaire – Chloropicrin from China (731-TA-130 (Third Review))Page 2
PART I.--GENERAL INFORMATION
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 30 hours per response,
including the time for reviewing instructions, searching existing data sources, gathering the data needed,
and completing and reviewing the questionnaire. Send comments regarding the accuracy of this burden
estimate or any other aspect of this collection of information, including suggestions for reducing the
burden, to the Office of Investigations, U.S. International Trade Commission, 500 E Street, SW,
Washington, DC 20436.
I-1a.

OMB statistics.--Please report below the actual number of hours required and the cost to your
firm of preparing the reply to this questionnaire and completing the form.
hours

dollars

I-1b.

OMB feedback.--We are interested in any comments you may have for improving this
questionnaire in general or the clarity of specific questions. Please attach such comments to your
response or send them to the above address.

I-2.

Establishments covered.--Provide the name and address of establishment(s) covered by this
questionnaire (see page 3 of the instruction booklet for reporting guidelines). If your firm is
publicly traded, please specify the stock exchange and trading symbol.

I-3.

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 chloropicrin in
2008.

No.

1

2

3

4

5

Importer’s name

Contact person

E-mail address

Area
code and
telephone
number

Share of
your 2008
exports
(%)

Business Proprietary
Foreign Producers’/Exporters’ Questionnaire - Chloropicrin from China (731-TA-130 (Third Review))Page 3
PART I.--GENERAL INFORMATION--Continued
I-4.

U.S. production.--Does your firm or any related firm produce, have the capability to produce, or
have any plans to produce chloropicrin in the United States or other countries?
No

I-5.

U.S. importation.--Does your firm or any related firm import or have any plans to import
chloropicrin into the United States?
No

I-6.

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
(contact Cynthia Trainor (202-205-3354; [email protected])
for copies of that questionnaire).

Yes--Please name the firm(s) below and ensure that they complete the
Commission’s importer questionnaire (contact Cynthia Trainor (202205-3354; [email protected]) for copies of that questionnaire).

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 future market conditions for chloropicrin?
No

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

Business Proprietary
Foreign Producers’/Exporters’ Questionnaire - Chloropicrin from China (731-TA-130 (Third Review))Page 4
PART II.--TRADE AND RELATED INFORMATION
Further information on this part of the questionnaire can be obtained from Cynthia Trainor (202-2053354; [email protected]). Supply all data requested on a calendar-year basis.
II-1.

Contact information (Trade).--Who should be contacted regarding the requested trade and
related information?
Company contact:
Name and title
(
)
Phone number

II-2.

E-mail address

Changes in operations.--Please indicate whether your firm has experienced any of the following
changes in relation to the production of chloropicrin since January 1, 2006?
(check as many as appropriate)
plant openings ..........................

plant closings............................

relocations ................................

expansions ................................

acquisitions...............................

consolidations...........................

prolonged shutdowns or
importation curtailments ................
revised labor agreements ..........

other (e.g., technology) ............

(please describe)

Business Proprietary
Foreign Producers’/Exporters’ Questionnaire - Chloropicrin from China (731-TA-130 (Third Review))Page 5
PART II.--TRADE AND RELATED INFORMATION--Continued
II-3.

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

II-4.

Anticipated changes in operations in the event the order is revoked.--Would your firm
anticipate any changes in the character of your operations or organization (as noted above)
relating to the production of chloropicrin in the future if the antidumping duty order on
chloropicrin from China were to be revoked?
No

II-5.

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 your response a specific projection of your firm’s
capacity to produce chloropicrin (in 1,000 pounds) for 2008 and
2009.

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.

Same equipment, machinery, and workers.--Has your firm since 2006 produced, or does your
firm anticipate producing in the future, other products on the same equipment and machinery
used in the production of chloropicrin?
No

Product

Yes--List the following information and report your firm’s combined
production capacity and production of these products and chloropicrin
in the periods indicated.
Period

Basis for allocation of capacity data

Business Proprietary
Foreign Producers’/Exporters’ Questionnaire - Chloropicrin from China (731-TA-130 (Third Review))Page 6
PART II.--TRADE AND RELATED INFORMATION--Continued

II-5.

Same equipment, machinery, and workers.--Continued
Quantity (in 1,000 pounds)
Item

2006

2007

2008

Overall Production Capacity
Production of:
Chloropicrin
Other product 1
Other product 2

II-6.

Constraints on production.--Please describe the constraint(s) that set the limit(s) on your
production capacity.

II-7.

Production shifting.--Is your firm able to switch production between chloropicrin and other
products in response to a relative change in the price of chloropicrin vis-a-vis the price of other
products, using the same equipment and labor?
No

II-8.

Yes---Please identify the other products, the approximate time and cost
involved in switching, and the minimum relative price change required
for your firm to switch production to or from chloropicrin.

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

II-9.

Inventories in the United States.--Has your firm, since 2006, maintained any inventories of
chloropicrin in the United States (not including inventories held by firms identified in
question I-3)?
No

Yes--Report the quantity of such end-of-period inventories below.
Item

Inventory

(Quantity in 1,000 pounds)
2006

2007

2008

Business Proprietary
Foreign Producers’/Exporters’ Questionnaire - Chloropicrin from China (731-TA-130 (Third Review))Page 7
PART II.--TRADE AND RELATED INFORMATION--Continued
II-10.

Barriers.-(a)

Are your firm’s exports of chloropicrin subject to tariff or non-tariff barriers to trade (for
example, antidumping or countervailing duty findings or remedies, tariffs, quotas, or
regulatory barriers) in any countries other than the United States?
No

Yes--List the products(s), country(ies), the year each such barrier was
imposed, and the type of barrier.
Product

(b)

Year imposed

Barrier (if tariff,
give rate)

Are your firm’s exports of chloropicrin subject to current investigations in any countries
other than the United States that might result in tariff or non-tariff barriers to trade?
No

Yes--List the products(s), country(ies), and type of investigation.
Product

II-11.

Country

Country

Type of investigation

Other export markets.--Identify export markets (other than the United States) that you have
developed or where you have increased your sales of chloropicrin since 2006. Please identify and
discuss below.

Business Proprietary
Foreign Producers’/Exporters’ Questionnaire - Chloropicrin from China (731-TA-130 (Third Review))Page 8
PART II.--TRADE AND RELATED INFORMATION--Continued
II-12.

Significance of countervailing duty/antidumping duty order.--Describe the significance of the
existing antidumping duty order covering imports of chloropicrin from China in terms of its effect
on your firm’s production capacity, production, home market shipments, exports to the United
States and other markets, and inventories. You may wish to compare your firm’s operations
before and after the imposition of the order.

II-13.

Anticipated changes if order revoked.--Would your firm anticipate any changes in its
production capacity, production, home market shipments, exports to the United States and other
markets, or inventories relating to the production of chloropicrin in the future if the antidumping
duty order on chloropicrin from China were to be revoked?
No

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 for any trends or
projections you may provide.

Business Proprietary
Foreign Producers’/Exporters’ Questionnaire - Chloropicrin from China (731-TA-130 (Third Review))Page 9
PART II.--TRADE AND RELATED INFORMATION--Continued
II-14.

Trade data (China).-- Report production capacity, production, shipments, and inventories of
chloropicrin produced by your firm in China during the specified periods. (See definitions in the
instruction booklet.)

CHINA
Calendar year
2006
Item

2007

January-September
2008

2008

2009

Quantity (1,000 pounds) and Value (1,000 dollars)

Average production capacity1 (A)
Beginning-of-period inventories (B)
Production2 (C)
Home market shipments:
Internal consumption/transfers
quantity (D)
Commercial shipments
quantity (E)
value (F)
Export shipments:
to the United States:3
quantity (G)
value (H)
to the European Union:4
quantity (I)
value (J)
to Asia:5
quantity (K)
value (L)
to all other markets:6
quantity (M)
value (N)
Total exports (quantity) (O)
Total shipments (quantity) (P)
End-of-period inventories (Q)
1

The production capacity (see definitions in instruction booklet) reported is based on operating
hours per week,
weeks per year. Please describe the methodology used to calculate production capacity, and explain any changes in
reported capacity.
2

Please estimate the percentage of total production of chloropicrin in China accounted for by your firm’s production in
Percent
2008:
3
Please estimate the percentage of total exports to the United States of chloropicrin in China accounted for by your firm’s
Percent
exports in 2008:
4
Identify your principal European Union export markets:
.
5
Identify your principal Asian export markets:
.
6
Identify your principal other export markets:
.

Business Proprietary
Foreign Producers’/Exporters’ Questionnaire - Chloropicrin from China (731-TA-130 (Third Review))Page 10
PART II.--TRADE AND RELATED INFORMATION--Continued
II-15.

Reconciliation of trade data.—
(a)

The quantities reported in question II-14 should reconcile as follows in each period (i.e.,
in each column):
Reconciliation
B+C–D–E–G–I–K–M=Q

(b)

Do these data reconcile?
explain:

Yes

No--Please

Further, the quantities reported for end-of-period inventories should equal the beginningof-period inventories reported in the subsequent calendar year (i.e., line Q of year 2006
should equal line B of year 2007). Do these data reconcile for each adjacent calendar
year?
Yes.

No--Please explain:

II-16. Cost of inputs. – Report the percentage of cost of production of chloropicrin accounted for by the
cost of nitromethane.

Business Proprietary
Foreign Producers’/Exporters’ Questionnaire - Chloropicrin from China (731-TA-130 (Third Review))Page 11
PART III.--MARKET FACTORS
Further information on this part of the questionnaire can be obtained from Joshua Levy (202-205-3236,
[email protected]).
III-1.

Contact information (Market).--Who should be contacted regarding the requested market
factors information?
Company contact:
Name and title
(
)
Phone number

III-2.

E-mail address

Contract versus spot.--Approximately what share of your firm’s sales of chloropicrin to U.S.
customers in 2008 were on a (1) long-term contract basis (multiple deliveries for more than 12
months), (2) short-term contract basis (multiple deliveries up to 12 months), and (3) spot sales
basis (for a single delivery)?
Type of sale

Share of sales (percent)

Long-term contracts
Short-term contracts
Spot sales
III-3.

III-4.

Long-term contact provisions.--If you sell on a long-term contract basis, please answer the
following questions with respect to provisions of a typical long-term contract.
(a)

What is the average duration of a contract?

(b)

Can prices be renegotiated during the contract period?

(c)

Does the contract fix quantity, price, or both?

(d)

Does the contract have a meet or release provision?

Yes

Quantity

No
Price

Yes

Both
No

Short-term contract provisions.--If you sell on a short-term contract basis, please answer the
following questions with respect to provisions of a typical short-term contract.
(a)

What is the average duration of a contract?

(b)

Can prices be renegotiated during the contract period?

(c)

Does the contract fix quantity, price, or both?

(d)

Does the contract have a meet or release provision?

Yes

Quantity

No
Price

Yes

Both
No

Business Proprietary
Foreign Producers’/Exporters’ Questionnaire - Chloropicrin from China (731-TA-130 (Third Review))Page 12
PART III.--MARKET FACTORS--Continued
III-5.

Lead times.--What is the average lead time between a customer’s order and the date of delivery
for your firm’s sales of chloropicrin?
Source

Share of sales in 2008

Lead time

From inventory
Produced to order
Total

100 %

III-6.

Raw materials.--To what extent have changes in the prices of raw materials affected your firm’s
selling prices for chloropicrin since 2006? Also discuss any anticipated changes in your raw
material costs in the future, identifying the time period(s) involved and the factor(s) that you
believe would be responsible for such changes. Provide any underlying assumptions, along with
relevant portions of business plans or other supporting documentation that address this issue.

III-7.

Changes in factors affecting supply.--Have any changes occurred in any other factors affecting
supply (e.g., changes in availability or prices of energy or labor; transportation conditions;
production capacity and/or methods of production; technology; export markets; or alternative
production opportunities) that affected the availability of China-produced chloropicrin in the U.S.
market since 2006?
No

Yes--Please note the time period(s) of any such changes, the factors(s)
involved, and the impact such changes had on your shipment volumes
and prices.

Business Proprietary
Foreign Producers’/Exporters’ Questionnaire - Chloropicrin from China (731-TA-130 (Third Review))Page 13
PART III.--MARKET FACTORS--Continued
III-8.

Availability of SUBJECT import supply.-(a)

Do you anticipate any changes in terms of the availability of China-produced chloropicrin
in the U.S. market in the future?
Increase

(b)

III-9.

No change

Decrease

If you anticipate changes in supply, please identify the changes, including the time period
and the impact of such changes on shipment volumes and prices. Provide any underlying
assumptions, along with relevant portions of business plans or other supporting
documentation that address this issue.

Product shifting.--Describe how easily your firm can shift its sales of chloropicrin between the
U.S. market and alternative country markets. In your discussion, please describe any contracts,
other sales arrangements, or other constraints (including any third-country trade barriers such as
tariffs, quotas, or other non-tariff barriers) that would prevent or retard your firm from shifting
chloropicrin between the U.S. and alternative country markets within a 12-month period. Provide
any underlying assumptions, along with relevant portions of business plans or other supporting
documentation that address this issue.

III-10. Product changes.--Is the product range, product mix, or marketing (including sales over the
internet) of chloropicrin in your home market significantly different from the product range,
product mix, or marketing of chloropicrin for export to the United States or to third-country
markets? Have there been any significant changes in the product range, product mix, or
marketing of chloropicrin in your home market, for export to the United States, or for export to
third-country markets since 2006?
No

Yes--Please describe and quantify if possible.

Business Proprietary
Foreign Producers’/Exporters’ Questionnaire - Chloropicrin from China (731-TA-130 (Third Review))Page 14
PART III.--MARKET FACTORS--Continued
III-11. Anticipated product changes.--Please discuss any anticipated changes in terms of the product
range, product mix, or marketing (including sales over the internet) of chloropicrin in your home
market, for export to the United States, or for export to third-country markets in the future,
identifying the time period(s) involved and the factor(s) that you believe would be responsible for
such changes. Provide any underlying assumptions, along with relevant portions of business
plans or other supporting documentation that address this issue.

III-12. Substitutes.--Please list in order of importance any products that may be substituted for
chloropicrin. For each possible substitute product, please give examples of applications and end
uses for which they are substitutes and indicate whether changes in the price of the substitute
affect the price for chloropicrin, and to what degree, and the length of any time lag of such an
effect.

Substitute

Description

Have changes in the prices of this
substitute affected the price for
chloropicrin?

1.

No

Yes--Please explain.

2.

No

Yes--Please explain.

3.

No

Yes--Please explain.

4.

No

Yes--Please explain.

5.

No

Yes--Please explain.

Business Proprietary
Foreign Producers’/Exporters’ Questionnaire - Chloropicrin from China (731-TA-130 (Third Review))Page 15
PART III.--MARKET FACTORS--Continued
III-13. Changes in substitutes.--Have there been any changes in the number or types of products that
can be substituted for chloropicrin since 2006?
No

Yes--Please explain.

III-14. Anticipated changes in substitutes.--Do you anticipate any changes in terms of the
substitutability of other products for chloropicrin in the future?
No

Yes--Please describe. Provide any underlying assumptions, along with
relevant portions of business plans or other supporting documentation
that address this issue.

III-15. Interchangeability.--Is the chloropicrin produced by your firm and sold in its home market
interchangeable (i.e., can be used in the same applications) with your firm’s chloropicrin sold to
the United States and/or to third-country markets?
Yes

No--Identify the market(s) and any differences in the products.

III-16. End uses.--Describe the end uses of the chloropicrin that you manufacture and sell to your home
market. If these end uses differ from those of the chloropicrin you sell to the U.S. market or to
third-country markets, explain.

Business Proprietary
Foreign Producers’/Exporters’ Questionnaire - Chloropicrin from China (731-TA-130 (Third Review))Page 16
PART III.--MARKET FACTORS--Continued
III-17. Changes in end uses.--Have there been any changes in the end uses of chloropicrin since 1984
(year of order)?
No

Yes--Please describe.

III-18. Anticipated changes in end uses.--Do you anticipate any changes in terms of the end uses of
chloropicrin in the future?
No

Yes--Please describe and identify the time period. Provide any underlying
assumptions, along with relevant portions of business plans or other
supporting documentation that address this issue.

III-19. Demand trends.--How has the demand for chloropicrin changed since January 1, 2006? What
principal factors affect changes in demand?
Increased
Demand in:
Your home market
The United States
Other markets

No change

Decreased

Fluctuated

Business Proprietary
Foreign Producers’/Exporters’ Questionnaire - Chloropicrin from China (731-TA-130 (Third Review))Page 17
PART III.--MARKET FACTORS--Continued
III-20. Anticipated demand trends.-- How do you anticipate demand will change for chloropicrin in the
future? What principal factors that will affect these changes in demand?
Increased

No change

Decreased

Fluctuated

Demand in:
Your home market
The United States
Other markets

III-21. Price differences.--Please compare market prices of chloropicrin in your home market, the
United States, and third-country markets, if known. Provide specific information as to time
periods and regions for any price comparisons.

III-22. Description of home market.--Describe briefly your home market for chloropicrin, including the
number of, and competition between, producers.

Business Proprietary
Foreign Producers’/Exporters’ Questionnaire - Chloropicrin from China (731-TA-130 (Third Review))Page 18
PART III.--MARKET FACTORS--Continued
III-23. Import competition.--Do you face competition from imports of chloropicrin in your home
market?
No

Yes--Please identify the country sources of any imports of chloropicrin into
your home market.

III-24. 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 chloropicrin supply (including
production capacity and capacity utilization) and demand in (1) the United States, (2) each of the
other major producing/consuming countries, including chloropicrin, and (3) the world as a whole.
Of particular interest is such data from 2006 to the present and forecasts for the future.
III-25. Changes in regulations.-(a)

Have any changes occurred in regulations that affect the availability of your chloropicrin
in the U.S. market since 2006?
No

(b)

Yes--Please note the types of regulations, the timing of the changes in
regulations, and the impact of these regulations on your shipment
volumes and prices.

Have any changes occurred in regulations that affect the demand for chloropicrin in the
U.S. market since 2006?
No

Yes-- Please note the types of regulations, the timing of the changes
in regulations, and the impact of these regulations on your shipment
volumes and prices.