12-4-2971 Foreign Producer Questionnaire

OMB No. 3117-0016/USITC No. 12-4-2971; Expiration Date: 6/30/2014
(No response is required if currently valid OMB control number is not displayed)

FOREIGN PRODUCERS’/EXPORTERS’ QUESTIONNAIRE
CERTAIN ORANGE JUICE FROM BRAZIL

This questionnaire must be received by the Commission by no later than November 1, 2011
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 certain orange juice from Brazil (Inv. No. 731-TA1089 (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 certain orange juice (as defined in the instruction booklet) at any time since
July 1, 2005?

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 proceedings 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
proceedings 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 (

)

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Foreign Producers’/Exporters’ Questionnaire – Certain Orange Juice

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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 certain orange
juice in 2010/11.

No.

1

2

3

4

5

Importer’s name

Contact person

E-mail address

Area
code and
telephone
number

Share of
your
2010/11
exports
(%)

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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 certain orange juice 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 certain
orange juice into the United States?
No

I-6.

Yes--Please name the firm(s) below and ensure that they complete the
Commission’s importer questionnaire (contact Amy Sherman
([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 certain orange
juice?
No

I-7.

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 Amy Sherman ([email protected]) for copies of that
questionnaire).

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

Contracts.--Please describe any contracts or other legal relationships (e.g., cooperatives and
participation plans) your firm may have with orange growers, including names, dates, and terms.

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Foreign Producers’/Exporters’ Questionnaire – Certain Orange Juice

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PART II.--TRADE AND RELATED INFORMATION
Further information on this part of the questionnaire can be obtained from Amy Sherman (202-205-3289,
[email protected]). Supply all data requested on a crop-year (July 1 through June 30) basis.
II-1.

Please identify the responsible individual and manner of contact for questions regarding the
confidential information requested in Part II.
Name and title:
E-mail:

II-2.

Telephone: (

)

Changes in operations.--Please indicate whether your firm has experienced any of the following
changes in relation to the production of certain orange juice since July 1, 2005. Please specify
whether this has affected FCOJM or NFCOJ orange juice.
(check as many as appropriate)
(please describe)
grove or plant openings ............

grove or plant closings .............

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

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

mergers/ acquisitions ................

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

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

storage capacity/tanks ..............

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

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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 certain orange juice
in the future?
No

II-4.

Yes–Supply details as to the time, nature, and significance of such changes,
including any government financing programs, 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
certain orange juice (in 1,000 pounds solids equivalent) for crop
years 2011/12 and 2012/13.

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 certain orange juice in the future if the antidumping duty order on
certain orange juice from Brazil 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 that address this
issue. Include in your response a specific projection of your firm’s
capacity to produce certain orange juice (in 1,000 pounds solids
equivalent) for crop years 2011/12 and 2012/13.

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Foreign Producers’/Exporters’ Questionnaire – Certain Orange Juice

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PART II.--TRADE AND RELATED INFORMATION--Continued
II-5.

Same equipment, machinery, and workers.--Has your firm since 2005 produced, or does your
firm anticipate producing in the future, other products on the same equipment and machinery
used in the production of certain orange juice?
No

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

Product

Basis for allocation of capacity data

FCOJM
NFCOJ
Other:

(Quantity in 1,000 pounds solids equivalent)
Item

2005/06

2006/07

2007/08

2008/09

2009/10

Overall Production Capacity
Production of:
FCOJM
NFCOJ
Other:

II-6.

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

2010/11

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PART II.--TRADE AND RELATED INFORMATION--Continued
II-7.

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

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 certain orange juice.

II-8.

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

II-9a.

Inventories in the United States.--Has your firm, since 2005, maintained any inventories of
certain orange juice 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.
(Quantity in 1,000 pounds solids equivalent)
Item

2005/06

2006/07

2007/08

2008/09

2009/10

2010/11

Inventory

II-9b.

Has your firm, since 2005, held any inventories of certain orange juice in foreign trade zones or
bonded warehouses (not including inventories held by firms identified in question I-3)?
No

Yes--Report the quantity of such end-of-period inventories below.
(Quantity in 1,000 pounds solids equivalent)
Item

Inventory

2005/06

2006/07

2007/08

2008/09

2009/10

2010/11

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Foreign Producers’/Exporters’ Questionnaire – Certain Orange Juice

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PART II.--TRADE AND RELATED INFORMATION--Continued
II-10.

Barriers.-(a)

Are your firm’s exports of certain orange juice 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 certain orange juice subject to current proceedings 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 proceeding.
Product

II-11.

Country

Country

Type of proceeding

Other export markets.--Identify export markets (other than the United States) that you have
developed or where you have increased your sales of certain orange juice since 2005. Please
identify and discuss below.

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PART II.--TRADE AND RELATED INFORMATION--Continued
II-12.

Significance of antidumping duty order.--Describe the significance of the existing antidumping
duty order covering imports of certain orange juice from Brazil 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 certain orange juice in the future if the
antidumping duty order on certain orange juice from Brazil 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.

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Foreign Producers’/Exporters’ Questionnaire – Certain Orange Juice

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PART II.--TRADE AND RELATED INFORMATION--Continued
II-14a. Trade data.-- Report production capacity, production, shipments, and inventories of FCOJM
produced by your firm in Brazil during the specified periods. (See definitions in the instruction
booklet.)
Does your firm produce FCOJM?
Yes (fill out the table below)
No (proceed to question II-15)
(Quantity in 1,000 pounds solids equivalent, value in $1,000)
Crop year (July 1 – June 30)
Item

2005/06

2006/07

2007/08

2008/09

2009/10

2010/11

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 certain orange juice in Brazil accounted for by your firm’s
production in 2010/11:
Percent
3
Please estimate the percentage of total exports to the United States of certain orange juice in Brazil accounted for by
your firm’s exports in 2010/11:
Percent
4
Identify your principal European Union export markets:
.
5
Identify your principal Asian export markets:
.
6
Identify your principal other export markets:
.

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PART II.--TRADE AND RELATED INFORMATION--Continued
II-14b. Reconciliation of trade data.—
(a)

The quantities reported in question II-14a 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 crop year (i.e., line Q of year 2005/06
should equal line B of year 2006/07). Do these data reconcile for each adjacent crop
year?
Yes.

No--Please explain:

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Foreign Producers’/Exporters’ Questionnaire – Certain Orange Juice

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PART II.--TRADE AND RELATED INFORMATION--Continued
II-15a. Trade data.-- Report production capacity, production, shipments, and inventories of NFCOJ
produced by your firm in Brazil during the specified periods. (See definitions in the instruction
booklet.)
Does your firm produce NFCOJ?
Yes (fill out the table below)
No (proceed to question III-1)
(Quantity in 1,000 pounds solids equivalent, value in $1,000)
Crop year (July 1 – June 30)
Item

2005/06

2006/07

2007/08

2008/09

2009/10

2010/11

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 certain orange juice in Brazil accounted for by your firm’s
production in 2010/11:
Percent
3
Please estimate the percentage of total exports to the United States of certain orange juice in Brazil accounted for by
your firm’s exports in 2010/11:
Percent
4
Identify your principal European Union export markets:
.
5
Identify your principal Asian export markets:
.
6
Identify your principal other export markets:
.

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PART II.--TRADE AND RELATED INFORMATION--Continued
II-15b. Reconciliation of trade data.—
(a)

The quantities reported in question II-15a should reconcile as follows in each period (i.e.,
in each column):
Reconciliation
B+C–D–E–G–I–K–M=Q

(b)

Yes

No--Please

Further, the quantities reported for end-of-period inventories should equal the beginningof-period inventories reported in the subsequent crop year (i.e., line Q of year 2005/06
should equal line B of year 2006/07). Do these data reconcile for each adjacent crop
year?
Yes.

II-16.

Do these data reconcile?
explain:

No--Please explain:

Toll production.--Since October 1, 2005, has your firm been involved in a toll agreement (see
definition in the instruction booklet) regarding the production of certain orange juice?
No

Yes--Name firm(s):

.

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Foreign Producers’/Exporters’ Questionnaire – Certain Orange Juice

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PART III.--MARKET FACTORS
Further information on this part of the questionnaire can be obtained from Craig Thomsen (202-2053226, [email protected]).
III-1.

Please identify the responsible individual and manner of contact for questions regarding the
confidential information requested in Part III.
Name and title:
E-mail:

III-2.

Telephone: (

Contract versus spot.--Approximately what share of your firm’s sales of certain orange juice to
U.S. customers in 2010 was 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

Long-term contracts

%

Short-term contracts

%

Spot sales

%
100

III-3.

III-4.

)

%

Long-term contact provisions.--If you sell certain orange juice to U.S. customers 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 certain orange juice to U.S. customers on a shortterm 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

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PART III.--MARKET FACTORS--Continued
III-5.

Lead times.--What is the average lead time for certain orange juice to U.S. customers between a
customer’s order and the date of delivery for your firm’s sales of certain orange juice?

Source

Share of sales,
2010/11

Lead time

From inventory

%

days

Produced to order

%

days

Total

100

%

III-6.

Raw materials.--To what extent have changes in the prices of raw materials affected your firm’s
selling prices for certain orange juice since 2005? Also discuss any anticipated changes in your
raw material costs.

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 Brazil-produced certain orange juice in
the U.S. market since 2005?
No

Yes-- Please describe.

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Foreign Producers’/Exporters’ Questionnaire – Certain Orange Juice

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PART III.--MARKET FACTORS--Continued
III-8.

Availability of subject import supply.-(a)

Has the availability subject certain orange juice (i.e., FCOJM imported from subject
producers/exporters in Brazil and all NFCOJ from Brazil) changed since 2005?

No

(b)

What type of changes in terms of the availability of subject certain orange juice
imported from Brazil in the U.S. market do you anticipate?
Increase

(c)

III-9.

Yes--Please explain.

No change

Decrease

If you anticipate changes in availability, please identify the changes, and why you
anticipate these changes in supply, including the time period and the impact of such
changes on shipment volumes and prices.

Product shifting.--Describe how easily your firm can shift its sales of certain orange juice
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 certain orange juice between the U.S. and alternative country markets within a 12month period.

III-10. Product changes.—
(a)

Is the product range, product mix, or marketing of certain orange juice in your home
market different from that of certain orange juice for export to the United States or to
third-country markets?
No

Yes—Please explain.

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Foreign Producers’/Exporters’ Questionnaire – Certain Orange Juice

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PART III.--MARKET FACTORS--Continued
(b)

Have there been any significant changes in the product range, product mix, or marketing
of certain orange juice in your home market, for export to the United States, or for export
to third-country markets since 2005?
No

Yes--Please describe.

III-11. Anticipated product changes.—Do you anticipate changes in the product range, product mix, or
marketing of certain orange juice in your home market, for exports to the United States, or for
exports to third-country markets.
No

Yes--Please explain.

III-12. Substitutes.—Are there any nonsubject products that may be substituted for certain orange juice?
No

Yes—Please fill in the following table.

Substitute product

Description of applications
and end uses in which this
substitute can be used

Have changes in the prices of this
substitute affected the price of certain
orange juice since October 1, 2005

1.

No

Yes—Please explain.

2.

No

Yes--Please explain.

3.

No

Yes--Please explain.

4.

No

Yes--Please explain.

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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 certain orange juice since 2005?
No

Yes--Please explain.

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

Yes--Please describe.

III-15. Interchangeability.--Is the certain orange juice produced by your firm and sold in its home
market interchangeable (i.e., can be used in the same applications) with your firm’s certain
orange juice 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. Home market end uses.--Describe the end uses of the certain orange juice that you manufacture
and sell to your home market. If these end uses differ from those of the certain orange juice you
sell to the U.S. market or to third-country markets, explain.

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PART III.--MARKET FACTORS--Continued
III-17. Changes in end uses.--Have there been any changes in the end uses of certain orange juice since
2005?
No

Yes--Please describe.

III-18. Anticipated changes in end uses.--Do you anticipate any changes in terms of the end uses of
certain orange juice?
No

Yes--Please describe.

III-19. Demand trends.--How has the demand for certain orange juice changed since October 1, 2005?
What principal factors affect changes in demand?
Increased
Demand in:
Your home market
The United States
Other markets

No change

Decreased

Fluctuated

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PART III.--MARKET FACTORS--Continued
III-20. Anticipated demand trends.-- How do you anticipate demand will change for certain orange
juice into 2012/13? What principal factors that will affect these changes in demand?
Increase

No change

Decrease

Fluctuate

Demand in:
Your home market
The United States
Other markets

III-21. Price differences.--Please compare market prices of certain orange juice in your home market,
the United States, and third-country markets.

III-22. Futures effects.-- Since October 2005, to what extent did changes in Brazilian inventories of
certain orange juice affect the futures price of FCOJM, and to what extent did changes in the
futures price of FCOJM affect Brazilian inventories of certain orange juice? Please explain. Also
include a discussion of any impact the futures price of FCOJM had on the price of NFCOJ.

III-23. Description of home market.--Describe briefly your home market for certain orange juice,
including the number of, and competition between, producers.

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PART III.--MARKET FACTORS--Continued
III-24. Import competition.--Do you face competition from imports of certain orange juice in your
home market?
No

Yes--Please identify the country sources of any imports of certain orange
juice into your home market.

III-25. 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 certain orange juice supply (including
production capacity and capacity utilization) and demand in (1) the United States, (2) each of the
other major producing/consuming countries, including Brazil, and (3) the world as a whole. Of
particular interest is such data from 2008 to the present and forecasts for the future.