12-5-2972 Grower Questionnaire

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

OJ Review Growers' Questionnaire

Certain Orange Juice from Brazil, Inv. No. 731-1089 (Review)

OMB: 3117-0016

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OMB No. 3117-0016/USITC No. 12-5-2972; Expiration Date: 6/30/2014
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U.S. GROWERS’ 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. 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 possession (19 U.S.C. § 1333(a)).

Name of firm
Address
City

State

Zip Code

World Wide Web address
Has your firm grown oranges for the production of certain orange juice (as defined in the instruction booklet) at
any time since October 1, 2005?

NO

(Sign the certification below and promptly return only this page of the questionnaire to the Commission)

YES

(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 (

)

Business Proprietary
U.S. Growers’ Questionnaire – Certain Orange Juice

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 20 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.

Position regarding continuation of order.--Do you support or oppose continuation of the
antidumping duty order currently in place for certain orange juice from Brazil?
Support

Oppose

Take no position

Business Proprietary
U.S. Growers’ Questionnaire – Certain Orange Juice

Page 3

PART I.--GENERAL INFORMATION--Continued
I-4.

Ownership.--Is your firm owned, in whole or in part, by any other firm?
No

Yes--List the following information.

Firm name

I-5.

I-6.

Address

Extent of ownership

Related Brazilian importers/exporters.--Does your firm have any related firms, either domestic
or foreign, that are engaged in importing certain orange juice from Brazil into the United States or
that are engaged in exporting certain orange juice from Brazil to the United States?
No

Yes--List the following information.

Firm name

Address

Affiliation

Related nonsubject importers/exporters.--Does your firm have any related firms, either
domestic or foreign, that are engaged in importing certain orange juice from countries other than
Brazil into the United States or that are engaged in exporting certain orange juice from countries
other than Brazil to the United States?
No

Yes--List the following information.

Firm name and country

Address

Affiliation

Business Proprietary
U.S. Growers’ Questionnaire – Certain Orange Juice

Page 4

PART I.--GENERAL INFORMATION--Continued
I-7.

I-8.

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

Yes--List the following information.

Firm name

Address

Business plan.--In Part II 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 certain orange juice?
No

I-9.

Affiliation

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 extractor/processors of certain orange juice,
including names, dates, and terms (include specific pricing terms–established price, quantity
terms, date contract expires).

Business Proprietary
U.S. Growers’ Questionnaire – Certain Orange Juice

Page 5

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 basis (October 1 through
September 30).
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 October 1, 2005. Please
specify whether this has affected the production of FCOJM or NFCOJ orange juice.
(check as many as appropriate)
grove or plant openings ............

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

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

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

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

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

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

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

(please describe)

Business Proprietary
U.S. Growers’ Questionnaire – Certain Orange Juice

Page 6

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 growing of oranges for production
of certain orange juice 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 growing of oranges for production of certain orange juice in the future if the
antidumping duty order on certain orange juice from Brazil 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 grow oranges for the production of certain orange juice
(in 1,000 90-pound boxes) for crop years 2011/12 and 2012/13.

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 grow oranges for the production of certain orange juice
(in 1,000 90-pound boxes) for crop years 2011/12 and 2012/13.

Events.--What effects, if any, did the following events have on your operations, organization,
crop size and overall orange harvest on an immediate, short-term and long-term basis? Please be
specific in your responses (i.e. name and date of hurricane(s), specific disease, etc.)
Weather events/conditions:

Citrus disease:

Real estate development:

Business Proprietary
U.S. Growers’ Questionnaire – Certain Orange Juice

Page 7

PART II.--TRADE AND RELATED INFORMATION--Continued
II-6.

Same equipment, machinery, and workers.--Has your firm since October 1, 2005 grown, or
does your firm anticipate growing in the future, other products on the same land, with the same
equipment and machinery, and/or using the same production and related workers in the growing
of oranges for the production of certain orange juice?
No

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

Product

Period

Basis for allocation of acreage data
(indicate if different)

Oranges
Other:
Other:
Please report the total capacity and production for your firm’s groves as follows:
(Quantity in 1,000 90-pound boxes)
Item

2005/06

2006/07

2007/08

2008/09

2009/10

2010/11

Acreage harvested (acres)
Yield (boxes per acre)
Amounts harvested (quantity)

II-7.

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

II-8.

Production shifting.--Is your firm able to switch production between oranges for the production
of certain orange juice and other products in response to a relative change in the price oranges for
the production of certain orange juice vis-a-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 oranges for the
production of certain orange juice.

Business Proprietary
U.S. Growers’ Questionnaire – Certain Orange Juice

Page 8

PART II.--TRADE AND RELATED INFORMATION--Continued
II-9a.

Oranges.--Report your firm’s acreage, harvesting, shipments, inventories, and employment
related to the growing of oranges for the production of certain orange juice in your U.S.
establishment(s) during the specified periods. (See definitions in the instruction booklet.)
(Quantity in 1,000 90-pound boxes, value in $1,000)
Crop year (October 1 – September 30)
Item

2005/06

2006/07

2007/08

2008/09

2009/10

2010/11

Acreage harvested (acres)
Yield (boxes per acre)
Amounts harvested (quantity) (A)
Beginning-of-period inventories
(quantity) (B)
U.S. shipments:
Cash market:
quantity (C)
value
Internal consumption:
quantity (D)
value1
Cooperative sales:
quantity (E)
value1
Full-participation plan sales:
quantity (F)
value1
Partial-participation plan sales:
quantity (G)
value1
Export shipments:2
quantity (H)
value
End-of-period inventories (quantity) (I)
Average number of PRWs (number)
Hours worked by PRWs (1,000 hours)
Wages paid to PRWs (value)
1

Internal consumption and transfers to related firms should be valued at fair market value. In the event that you use a
different basis for valuing these transactions, please specify that basis (e.g., cost, cost plus, etc.) and provide value data
using that basis for each of the periods noted above:
2

Identify your principal export markets:

Business Proprietary
U.S. Growers’ Questionnaire – Certain Orange Juice

Page 9

PART II.--TRADE AND RELATED INFORMATION--Continued
II-9b.

Reconciliation of trade data.-(a)

Please note that the quantities reported in question II-9a should reconcile as follows in
each period (i.e., in each column):
Reconciliation
A+B–C–D–E–F–G–H=I

(b)

Yes--Name firm(s):

.

Yes--Identify FTZ(s):

.

Direct imports.--Since October 1, 2005, has your firm imported certain orange juice?
No

II-13.

No--Please explain.

FTZ.--Does your firm grow oranges for the production of certain orange juice in a foreign trade
zone (FTZ)?
No

II-12.

No--Please

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

II-11.

Yes

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

II-10.

Do these data reconcile?
explain

Yes--COMPLETE AND RETURN A U.S. IMPORTERS’
QUESTIONNAIRE

Effect of 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, U.S. shipments, inventories, purchases, employment, revenues, costs,
profits, cash flow, capital expenditures, research and development expenditures, and asset values.
You may wish to compare your firm’s operations before and after the imposition of the order.

Business Proprietary
U.S. Growers’ Questionnaire – Certain Orange Juice

Page 10

PART II.--TRADE AND RELATED INFORMATION--Continued
II-14.

Likely effect of revocation of order.--Would your firm anticipate any changes in its production
capacity, production, U.S. shipments, inventories, purchases, employment, revenues, costs,
profits, cash flow, capital expenditures, research and development expenditures, or asset values
relating to the growing of oranges for 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.

Business Proprietary
U.S. Growers’ Questionnaire – Certain Orange Juice

Page 11

PART III.—FINANCIAL INFORMATION
Address questions on this part of the questionnaire to Justin Jee (202-205-3186, [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: (

)

Accounting system.--Briefly describe your financial accounting system.
A.

When does your fiscal year end (month and day)?
If your fiscal year changed during the period examined, explain below:

B.1.

Does your firm prepare profit/loss statements for the subject product:
Yes
No
How often did your firm (or parent company) prepare financial statements? Please check
relevant items below.
Audited,
unaudited,
Monthly,
quarterly,
annually
Accounting basis:
GAAP,
cash,
tax, or
other comprehensive
(specify)

2.

3.

III-3.

Cost accounting system.--Briefly describe your cost accounting system (e.g., standard cost, job
order cost, etc.).

III-4.

Allocation basis.-Briefly describe your allocation basis, if any, for COGS, SG&A, and interest
expense and other income and expenses.

III-5.

Other products.--Please list any other products you grew on the same land on which you grew
oranges, and provide the share of net sales accounted for by these other products in your most
recent fiscal/crop year:
Products

Share of sales

Business Proprietary
U.S. Growers’ Questionnaire – Certain Orange Juice

Page 12

PART III.—FINANCIAL INFORMATION--Continued
III-6.

Operations on oranges.--Report the revenue and related cost information requested below on the
orange growing operations of your U.S. establishment(s).1 Do not report resales of products.
Provide data for your six most recently completed fiscal/crop years in chronological order from
left to right. (Financial data for other products grown on the same land should NOT be reported
for question III-6).
Quantity (in 1,000 90-pound boxes, and value in $1,000)
Item

2005/06

2006/07

2007/08

2008/09

2009/10

2010/11

Proceeds from deliveries/sales 1 2
Quantity
Value
Growing & operating expenses:
Hired labor
Pick and haul
Replanting weather-damaged groves
Planting on new land
Fertilizers, lime, and other chemicals
Materials and supplies
Repairs and maintenance
Gasoline, oil, and fuel
Water, electricity, other utilities
Selling and marketing expenses
Shipping expenses
Officer/partner salaries
Office expenses incl. non-officer salaries
Depreciation/amortization
Other operating expenses 3
Total growing and operating expenses
Operating income (loss)
Other income and expenses:
Interest expense
Other expense 4
Continued Dumping and Subsidy Offset Act
5
(CDSOA) funds received

Other income (see Q.III-7)
All other income or expenses, net
Net income or (loss) before income taxes
Net gain (loss) on futures transactions 6
1

Include only sales (whether domestic or export) and costs related to your U.S. growing operations.
Less discounts, returns, allowances, and prepaid freight. The quantities and values should approximate the corresponding
shipment quantities and values reported in Part II of this questionnaire.
3
Include all other growing and operating expenses not specifically listed above, such as professional fees, dues, custom works, etc.
4
Include all non-operating expense items (except interest expenses).
5
Please report funds received under this act in the period(s) in which they were received. Do not report these funds as an offset to
operating expenses.
6
Provide details on a separate sheet, when any gain/loss reported.
2

Business Proprietary
U.S. Growers’ Questionnaire – Certain Orange Juice

Page 13

PART III.—FINANCIAL INFORMATION--Continued
III-7.

Sources of other income.--Report the sources of other income reported for question III-6. Total
other income should be equal to all other income reported for question III-6. Provide data as of
the end of your six most recently completed fiscal/crop years in chronological order from left to
right.
Value (in $1,000)
Fiscal/crop year
Item

2005/06

2006/07

2007/08

2008/09

2009/10

2010/11

Government assistance
Proceeds from insurance
All other income
Total other income

III-8.

Capital expenditures and research and development (“R&D”) expenses.--Report your firm’s
capital expenditures and R&D expenses on growing oranges. Provide data for your six most
recently completed fiscal/crop years in chronological order from left to right.
Value (in $1,000)
Item

2005/06

2006/07

Fiscal/crop year
2007/08
2008/09

2009/10

2010/11

Capital expenditures
R&D expenses

III-9.

Data consistency and reconciliation.-Please indicate whether your financial data for questions III-6, 7, and 8 are based
on a calendar year or your fiscal/crop year: Calendar year (
) or Fiscal/crop year (

)

Please note the quantities and values reported in question III-6 should reconcile with the data
reported in question II-9 (including export shipments) as long as they are reported on the same
fiscal/crop year basis.
Do these data in question III-6 reconcile with data in question II-9?
Yes

No--Please explain

________________________


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