13-4-3095 Foreign Producer Questionnaire

OMB No. 3117-0016/USITC No. 13-4-3095; Expiration Date: 6/30/2014
(No response is required if currently valid OMB control number is not displayed)

FOREIGN PRODUCERS’/EXPORTERS’ QUESTIONNAIRE
CERTAIN AMMONIUM NITRATE FROM UKRAINE
This questionnaire must be received by the Commission by no later than January 24, 2012
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 high-density ammonium nitrate (“HDAN”) from
Ukraine (Inv. No. 731-TA-894 (Second 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 HDAN (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 proceeding 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 proceeding 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 proceeding 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

Date

Phone:
Signature

Email address
Fax:

Business Proprietary
Foreign Producers’/Exporters’ Questionnaire – HDAN from Ukraine

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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, contacts, email addresses, and telephone numbers of
the FIVE largest purchasers of your firm’s HDAN destined for non-U.S. export markets in 2012.

No.

1
2
3
4
5

Importer’s name

Contact person

Email address

Area
code and
telephone
number

Share of
your 2012
exports
(%)

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Foreign Producers’/Exporters’ Questionnaire – HDAN from Ukraine

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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 HDAN 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 HDAN
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 Jennifer Merrill at [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 Jennifer Merrill at
[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 HDAN?
No

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

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Foreign Producers’/Exporters’ Questionnaire - HDAN from Ukraine

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PART II.--TRADE AND RELATED INFORMATION
Further information on this part of the questionnaire can be obtained Jennifer Merrill (202-205-3188,
[email protected]). 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-2.

Changes in operations.--Please indicate whether your firm has experienced any of the following
changes in relation to the production of HDAN since January 1, 2007.
(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, plant
modernization, access to natural
gas supplies, etc.) .........................

(please describe)

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Foreign Producers’/Exporters’ Questionnaire - HDAN from Ukraine

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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 listed above in question II-2) relating to the production of
HDAN in the future?
No

II-3.

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 HDAN (in short tons) for 2013 and 2014.

Anticipated changes in operations.--Does your firm have any plans to add, expand, curtail, or
shut down production capacity and/or production of HDAN in Ukraine in the future?
No

Yes–Please describe those plans, including planned dates and

capacity/production quantities involved, and the reason(s) for
such change(s). If the plans are to add or expand capacity or
production, list (in descending order of importance) the markets
(countries) to which such additional capacity or production
would be directed. Provide relevant portions of business plans or
other supporting documentation that addresses this issue.

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 HDAN in the future if the antidumping duty order on HDAN from
Ukraine 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 HDAN (in short tons) for 2013 and 2014.

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Foreign Producers’/Exporters’ Questionnaire - HDAN from Ukraine

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

Same equipment, machinery, and workers.--Has your firm since 2007 produced, or does your
firm anticipate producing in the future, other products on the same equipment and machinery
used in the production of HDAN?
No

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

Product

Basis for allocation of capacity data

HDAN

(Quantity in short tons)
Item

2007

2008

2009

2010

2011

2012

Overall Production Capacity
Production of:
HDAN
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 HDAN and other products
in response to a relative change in the price of HDAN 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 HDAN.

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Foreign Producers’/Exporters’ Questionnaire - HDAN from Ukraine

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PART II.--TRADE AND RELATED INFORMATION--Continued
II-8.

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

II-9.

Inventories in the United States.--Has your firm, since 2007, maintained any inventories of
HDAN 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 short tons)
Item

2007

2008

2009

2010

2011

2012

Inventory

II-10.

Barriers.-(a)

Are your firm’s exports of HDAN 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)

Country

Year imposed

Barrier (if tariff,
give rate)

Are your firm’s exports of HDAN 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

Country

Type of proceeding

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Foreign Producers’/Exporters’ Questionnaire - HDAN from Ukraine

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PART II.--TRADE AND RELATED INFORMATION--Continued
II-11.

Other export markets.--Identify export markets (other than the United States) that you have
developed or where you have increased your sales of HDAN since 2007. Please identify and
discuss below.

II-12.

Significance of antidumping duty order.--Describe the significance of the existing antidumping
duty order covering imports of HDAN from Ukraine 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 HDAN in the future if the antidumping duty
order on HDAN from Ukraine 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 - HDAN from Ukraine

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PART II.--TRADE AND RELATED INFORMATION--Continued
II-14a. Trade data (Ukraine).-- Report production capacity, production, shipments, and inventories of
HDAN produced by your firm in Ukraine during the specified periods. (See definitions in the
instruction booklet.)

Ukraine
Quantity (in short tons) and Value (in 1,000 dollars)
Calendar year
Item

2007

2008

2009

2010

Projections
2011

2012

2013

2014

1

Average production capacity
(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 Latin America:6
quantity (M)
value (N)
to all other markets:7
quantity (O)
value (P)
Total exports (quantity) (Q)

Total shipments (quantity) (R)
End-of-period inventories (S)
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 HDAN in Ukraine accounted for by your firm’s production in 2012:
percent
3
Please estimate the percentage of total exports to the United States of HDAN in Ukraine accounted for by your firm’s
exports in 2012:
percent
4
Identify your principal European Union export markets:
.
5
Identify your principal Asian export markets:
.
6
Identify your principal Latin America export markets:
.
7
Identify your principal other export markets:

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Foreign Producers’/Exporters’ Questionnaire - HDAN from Ukraine

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PART II.--TRADE AND RELATED INFORMATION--Continued
II-14b. Trade data (Ukraine).-- Report production capacity, production, shipments, and inventories of
ammonium nitrate other than HDAN produced by your firm in Ukraine during the specified
periods. (See definitions in the instruction booklet.)

Ukraine
Quantity (in short tons) and Value (in 1,000 dollars)
Calendar year
Item

2007

2008

2009

2010

Projections
2011

2012

2013

2014

1

Average production capacity
(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 Latin America:6
quantity (M)
value (N)
to all other markets:7
quantity (O)
value (P)
Total exports (quantity) (Q)

Total shipments (quantity) (R)
End-of-period inventories (S)
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 HDAN in Ukraine accounted for by your firm’s production in 2012:
percent
3
Please estimate the percentage of total exports to the United States of HDAN in Ukraine accounted for by your firm’s
exports in 2012:
percent
4
Identify your principal European Union export markets:
.
5
Identify your principal Asian export markets:
.
6
Identify your principal Latin America export markets:
.
7
Identify your principal other export markets:

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Foreign Producers’/Exporters’ Questionnaire - HDAN from Ukraine

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PART II.--TRADE AND RELATED INFORMATION--Continued
II-15.

Reconciliation of trade data.—
(a)

The quantities reported in questions II-14a and II-14b should reconcile as follows in each
period (i.e., in each column):
Reconciliation
B+C–D–E–Q=S

(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 2007
should equal line B of year 2008). Do these data reconcile for each adjacent calendar
year?
Yes.

No--Please explain:

Business Proprietary
Foreign Producers’/Exporters’ Questionnaire - HDAN from Ukraine

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PART III.--MARKET FACTORS
Further information on this part of the questionnaire can be obtained from Aimee Larsen (202-205-3179,
[email protected]).
III-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 III.
Name
Title
Email
Telephone
Fax

III-2.

Contract versus spot.--Approximately what share of your firm’s sales of HDAN to U.S.
customers in 2012 was on a (1) long-term contract basis, (2) short-term contract basis, and
(3) spot sales basis?
Share of
2012 sales

Type of sale
Long-term contracts (multiple deliveries for more
than 12 months)

%

Short-term contracts (multiple deliveries up to and
including 12 months)

%

Spot sales (for a single delivery)

%

Total

III-3.

100

%

Please fill out the table with respect to provisions of your typical sales contracts with U.S.
customers for HDAN (or check “not applicable” if your firm does not sell on a long term and/or
short term contract basis).

Typical sales contract
provisions

Item

Average contract duration

Number of days

Price renegotiation (during the
contract period)

Yes
No
Quantity

Fixed quantity and/or price

Price
Both

Meet or release provision
Not applicable

Yes
No

Short term contracts

Long term contracts

(multiple deliveries up to
and including 12 months)

(multiple deliveries for more
than 12 months)

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Foreign Producers’/Exporters’ Questionnaire - HDAN from Ukraine

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PART III.--MARKET FACTORS--Continued
III-4.

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

%

Produced to order

%

Total

III-5.

Share of
2012 sales

Lead time (days)

100 %

Raw materials.—
(a)

To what extent have changes in the prices of raw materials affected your firm’s selling
prices and quantities of its Ukraine-produced HDAN shipped to customers in your home
market, the U.S. market, and third-country markets since 2007?

(b)

Do you anticipate changes in your raw material costs or factors that may affect your raw
material costs, including any policies or programs of the Ukrainian government that
could affect the cost of natural gas to your firm in the foreseeable future?
No

Yes—Please explain and identify the time period(s) involved and the
factors that you believe would be responsible for such changes.

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Foreign Producers’/Exporters’ Questionnaire - HDAN from Ukraine

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PART III.--MARKET FACTORS--Continued
IV-14. Raw materials.—Continued.
(c)

Please report below your firm’s average net quarterly purchase prices and quantities for
its purchases of natural gas (in dollars per mmBtu) and/or ammonia (in dollars per short
ton) during January 2007-December 2012 that was/were used, at least partially, to
produce HDAN during this period. Please report your prices net of any hedging (use of
futures contracts or profit/loss from sales of any futures contracts), discounts, tax rebates,
refunds, reductions or other Government-provided benefit related to natural gas
purchases.
Natural gas (dollars per mmBtu and mmBtu’s)
Jan.-Mar.

Year

Price

April-June

Quantity

Price

Quantity

July-Sept.
Price

Oct.-Dec.

Quantity

Price

Quantity

2007
2008
2009
2010
2011
2012
Ammonia (dollars per short ton and short tons)
2007
2008
2009
2010
2011
2012

(d)

Please report below the quantity of your firm’s total purchases of natural gas (in mmBtu’s) and/or
ammonia (in short tons) used, at least partially, to produce HDAN in Ukraine during January
2007-December 20012. Show the percentage of purchases made based on forward contracts (i.e.,
purchases not made on the spot market). Please explain the reason(s) for purchasing natural gas
and/or ammonia in the spot market and in the forward market. In addition, please explain, as
appropriate, why your firm may sell its future contracts rather than receiving delivery of the
natural gas and/or ammonia under such contracts.
Total purchases

Share from forward contracts

Natural gas:

mmBtus

%

Ammonia :

Short tons

%

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Foreign Producers’/Exporters’ Questionnaire - HDAN from Ukraine

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PART III.--MARKET FACTORS--Continued
III-6.

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 Ukraine-produced HDAN in the U.S.
market since 2007?
No

III-7.

Yes-- Please describe.

Availability of SUBJECT import supply.-(a)

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

(b)

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.

III-8.

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

III-9.

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

Yes—Please explain.

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Foreign Producers’/Exporters’ Questionnaire - HDAN from Ukraine

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PART III.--MARKET FACTORS--Continued
III-10. Product changes.--Have there been any significant changes in the product range, product mix, or
marketing of HDAN in your home market, for export to the United States, or for export to thirdcountry markets since 2007? Do you anticipate any future changes?
Changes in product
range, product mix,
or marketing

No

Yes

Explain

Changes since 2007
Anticipated changes

III-11. Substitutes.— Can other products be substituted for HDAN?
No

Substitute

Yes--Please fill out the table.
Applications/en
d uses in which
this substitute
is used

Factors that limit the
extent to which this
product may serve as
a substitute

Have changes in the prices of this
substitute affected the price for
HDAN since 2007?
No

Yes

Explanation

1.
2.
3.

III-12. Changes in substitutes.-- Have there been any changes in the number or types of products that
can be substituted for HDAN since 2007? Do you anticipate any future changes?
Changes in
substitutes
Changes since
2006
Anticipated
changes

No Yes

Explain

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Foreign Producers’/Exporters’ Questionnaire - HDAN from Ukraine

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PART III.--MARKET FACTORS--Continued
III-13. Interchangeability.--Is the HDAN produced by your firm and sold in its home market
interchangeable (i.e., can be used in the same applications) with your firm’s HDAN sold to the
United States and/or to third-country markets?
Yes

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

III-14. End uses.--Describe the end use applications of the HDAN that you manufacture and sell to your
home market. If these end uses differ from those of the HDAN you sell to the U.S. market or to
third-country markets, explain.

III-15. Changes in end uses.-- Have there been any changes in the end uses of HDAN since 2007? Do
you anticipate any future changes?
Changes in end
uses
Changes since 2007
Anticipated changes

No

Yes

Explain

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PART III.--MARKET FACTORS--Continued
III-16. Demand trends.-- Indicate how demand in the following markets for HDAN has changed since
January 1, 2007, and how you anticipate demand will change in the future. Describe the principal
factors that have affected, and that you anticipate will affect, these changes in demand.

Market

No
Increase change Decrease Fluctuate

Factors

Demand since 2007
Your
home
market
United
States
Other
markets
Anticipated future demand
Your
home
market
United
States
Other
markets

III-17. Price differences.--Please compare market prices of HDAN in your home market, the United
States, and third-country markets.

III-18. Description of home market.--Describe briefly your home market for HDAN, including the
number of, and competition between, producers.

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PART III.--MARKET FACTORS--Continued
III-19. Import competition.--Do you face competition from imports of HDAN in your home market?
No

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

III-20. 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 HDAN supply (including production
capacity and capacity utilization) and demand in (1) the United States, (2) each of the other major
producing/consuming countries, including Ukraine, and (3) the world as a whole. Of particular
interest is such data from 2006 to the present and forecasts for the future.