Lemon Juice from Argentina and Mexico (Review), Inv. No. 731-1105-1106

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

LJ Foreign Instructions

Lemon Juice from Argentina and Mexico (Review), Inv. No. 731-1105-1106

OMB: 3117-0016

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INSTRUCTION BOOKLET

GENERAL INFORMATION, INSTRUCTIONS, AND
DEFINITIONS FOR COMMISSION FOREIGN
PRODUCER/EXPORTER QUESTIONNAIRES

Lemon Juice from Argentina and Mexico
Investigation Nos. 731-TA-1105-1106 (Reviews)

Further information.--If you have any questions concerning the enclosed
questionnaire(s) or other matters related to these reviews, you may contact
the following member of the Commission=s staff (Fax 202-205-3205):
Amy Sherman, investigator (202-205-3289; Email: [email protected])
regarding general questions and trade and related information; and
Amelia Preece, economist (202-205-3250; Email: [email protected])
regarding market related information.

GENERAL INFORMATION
Background.--On September 10, 2007, the Department of Commerce suspended the
investigations on imports of lemon juice from Argentina (72 FR 53991) and Mexico (72 FR
53995). On August 1, 2012, the Commission instituted reviews pursuant to section 751(c) of the
Tariff Act of 1930 (19 U.S.C. § 1675(c)) (the Act) to determine whether termination of the
suspended investigations would be likely to lead to continuation or recurrence of material injury to
the domestic industry within a reasonably foreseeable time (77 FR 45653). If the Commission
makes affirmative determinations, the suspension agreements will remain in place. If the
Commission or Commerce makes a negative determination on a particular review, the Department
of Commerce will terminate that suspension agreement.
Questionnaires and other information pertinent to these reviews are available at
http://www.usitc.gov/trade_remedy/731_ad_701_cvd/investigations/2012/lemon_juice/reviewph
ase.htm. Address all correspondence to the United States International Trade Commission,
Washington, DC 20436. Hearing-impaired individuals can obtain information regarding these
reviews via the Commission=s TDD terminal (202-205-1810).
Due date of questionnaire(s).--Please submit the completed questionnaire(s) to the United States
International Trade Commission so as to be received by no later than March 15, 2013. Because
Commission staff might contact you with questions during the course of the proceeding, save the
final version of the document(s) and retain all files and worksheets associated with the completed
questionnaire(s). Please also retain a copy of any paper original document that you submit.
Service of questionnaire response(s).--In the event that your firm is a party to these reviews, you
are required to serve a copy of the questionnaire(s), once completed, on parties to the proceeding
that are subject to administrative protective order (see 19 CFR ' 207.7). A list of such parties is
maintained by the Commission=s Secretary and may be obtained by calling 202-205-1803. A
certificate of service must accompany the copy of the completed questionnaire(s) you submit (see
19 CFR ' 207.7).
Confidentiality.--The commercial and financial data furnished in response to the enclosed
questionnaire(s) 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, nonnumerical 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.

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GENERAL INFORMATION--Continued
Verification.--The information submitted in the enclosed questionnaire(s) is subject to audit
and verification by the Commission. To facilitate possible verification of data, please keep
all your workpapers and supporting documents used in the preparation of the questionnaire
response(s).
Release of information.--The information provided by your firm in response to the
questionnaire(s), as well as any other business proprietary information submitted by your firm to
the Commission in connection with the reviews, 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 these reviews or other import-injury proceedings or
reviews 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.
INSTRUCTIONS
Answer all questions.--Do not leave any question or section blank unless a questionnaire
expressly directs you to skip over certain questions or sections. If the answer to any question is
Anone,@ write Anone.@ If information is not readily available from your records in exactly the
form requested, furnish carefully prepared estimates. Answers to questions and any necessary
comments or explanations should be supplied in the space provided or on separate sheets attached
to the appropriate page of the questionnaire(s). If your firm is completing more than one
questionnaire in connection with these reviews (i.e., a processor, importer, purchaser, and/or
foreign producer questionnaire), you need not respond to duplicated questions in the
questionnaires. Questionnaires may be filed either electronically or in paper form.
Consolidate all establishments in Argentina or Mexico.--Report the requested data for your
establishment(s) located in Argentina or Mexico. Firms operating more than one
establishment should combine the data for all establishments into a single report.
Electronic completion.--Your firm is encouraged (but not required) to complete the questionnaire
electronically in MS Word format. The MS Word versions of all the questionnaires in this
proceeding are available online at the ITC web page or may be obtained directly from the
Commission’s Investigator, Amy Sherman ([email protected], or 202-205-3289).
Electronic submission.--To the degree that it is possible and not overly burdensome, the
Commission requests that responding firms submit their questionnaire responses electronically in
MS Word format. The submission of questionnaire responses in the MS Word format allows the
Commission to compile, assess, and analyze submitted data more promptly. There are three
electronic submissions options detailed below. Paper submissions are also accepted.

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INSTRUCTIONS--Continued
OPTIONS FOR FILING
This questionnaire is available as a “fillable” form in MS Word format on the Commission’s
website at:
http://www.usitc.gov/trade_remedy/731_ad_701_cvd/investigations/2012/lemon_juice/reviewphase.htm.

Please do not attempt to modify the format or permissions of the questionnaire document. You
may complete the questionnaire and submit it, electronically, or you may print it out and submit it
in paper form, as described below:
• Upload via Secure Drop Box.—Upload the completed questionnaire in MS Word format 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: LJ

• Compact disc (CD).—Copy your questionnaire onto a CD, include a signed certification page
(page 1) (either in paper form or scanned PDF copied onto CD), and mail to the address above. It
is strongly recommended that you use an overnight mail service. U.S. mail sent to government
offices undergoes additional processing which not only results in substantial delays in delivery but
may also damage CDs.
• E-mail.—E-mail your questionnaire to the investigator identified on page 1 of the Instruction
Booklet; include a scanned PDF of the signed certification page (page 1). Type the following in
the e-mail subject line: BPI Questionnaire, Inv. Nos. 731-TA-1105-1106. Please note that
submitting your questionnaire by e-mail may subject your firm’s business proprietary information
to transmission over an unsecure environment and to possible disclosure. If you choose this
option, the Commission warns you that any risk involving possible disclosure of such information
is assumed by the submitter and not by the Commission.
• Fax.—Fax to 202.205.3205.
• Overnight mail service.—Mail to the following address:
United States International Trade Commission
Office of Investigations, Room 615
500 E Street SW
Washington, DC 20024
• U.S. mail.—Mail to the address above, but use zip code 20436. This option is not recommended.
U.S. mail sent to government offices undergoes additional processing to screen for hazardous
materials; this additional processing results in substantial delays in delivery.
Note: If you are a party to the proceeding, and service of the questionnaire is required, such service should be made in paper form.

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DEFINITIONS
Lemon juice.--Consists of certain lemon juice for further manufacture, with or without addition of
preservatives, sugar, or other sweeteners, regardless of the GPL (grams per liter of citric acid)
level of concentration, brix level, brix/acid ratio, pulp content, clarity, grade, horticulture method
(e.g., organic or not), processed form (e.g., frozen or not–from concentrate), FDA standard of
identity, the size of the container in which packed, or the method of packing. Excluded from the
scope are: (1) lemon juice at any level of concentration packed in retail–sized containers ready for
sale to consumers, typically at a level of concentration of 48 GPL; and (2) beverage products such
as lemonade that typically contain 20 percent or less lemon juice as an ingredient. Lemon juice is
classifiable under statistical reporting numbers 2009.31.4000, 2009.31.6020, 2009.31.6040,
2009.39.6020, and 2009.39.6040 of the Harmonized Tariff Schedule of the United States (HTS).
Grams per liter (GPL)--Measurement for the level of concentration of citric acid in fruit juices.
Brix degree--Measurement for the level of concentration of fruit juices. A higher Brix degree
means a higher concentration, i.e., more water has been removed from the juice and more fruit
solids per unit of juice remains.
Firm.--An individual proprietorship, partnership, joint venture, association, corporation
(including any subsidiary corporation), business trust, cooperative, trustee in bankruptcy, or
receiver under decree of any court.
Related firm.--A firm that your firm solely or jointly owned, managed, or otherwise controlled; a
firm that solely or jointly owned, managed, or otherwise controlled your firm; and/or a firm that
was solely or jointly owned, managed, or otherwise controlled by a firm that also solely or jointly
owned, managed, or otherwise controlled your firm.
Establishment.--Each facility of a firm in Argentina or Mexico involved in the production of
lemon juice (as defined above), including auxiliary facilities operated in conjunction with
(whether or not physically separate from) such facilities.
United States.--For purposes of these reviews, the 50 States, Puerto Rico, the U.S. Virgin Islands,
and the District of Columbia.
Importer.--Any person or firm engaged, either directly or through a parent company or subsidiary,
in importing lemon juice (as defined above) into the United States from a foreign manufacturer or
through its selling agent.
Average production capacity.--The level of production that your establishment(s) could
reasonably have expected to attain during the specified periods. 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).
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DEFINITIONS--Continued
Production.--All production in your establishment(s) in Argentina or Mexico, including
production consumed internally within your firm.
Shipments.--Shipments of products produced in your establishment(s) in Argentina or Mexico.
Shipment quantities.—Quantities reported should be net of returns.
Shipment values.—Values reported should be net values (i.e., gross sales values less all
discounts, allowances, rebates, prepaid freight, and the value of returned goods) in U.S.
dollars, f.o.b. your point of shipment in Argentina or Mexico.
Home market commercial shipments.--Shipments, other than internal consumption and
transfers to related firms, within Argentina or Mexico.
Home market internal consumption/transfers to related firms.--Shipments made to
related firms in Argentina or Mexico, including product consumed internally by your firm.
Export shipments.--Shipments to destinations outside Argentina or Mexico, including
shipments to related firms.
Inventories.--Finished goods inventory, not raw materials or work-in-progress.

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File Typeapplication/pdf
File TitleMicrosoft Word - LJ Foreign Instructions
Authoramy.sherman
File Modified2013-01-09
File Created2013-01-09

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