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pdfOMB No. 3117‐0016/USITC No. 14‐4‐3327; Expiration Date: 6/30/2017
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FOREIGN PRODUCERS’/EXPORTERS’ QUESTIONNAIRE
SUGAR FROM MEXICO
This questionnaire must be received by the Commission by JANUARY 28, 2015
See last page for filing instructions.
The information called for in this questionnaire is for use by the United States International Trade Commission in
connection with its countervailing and antidumping investigations concerning sugar from Mexico (Inv. Nos. 701‐TA‐513
and 731‐TA‐1249 (Final)). The information requested in the questionnaire is requested under the authority of the Tariff
Act of 1930, title VII.
Name of firm
Address
Website
Has your firm produced or exported sugar (as defined on next page) at any time since October 1, 2011?
NO
(Sign the certification below and promptly return only this page of the questionnaire to the Commission)
YES
(Complete all parts of the questionnaire, and return the entire questionnaire to the Commission)
Return questionnaire via the Commission Drop Box by clicking on the following link:
https://dropbox.usitc.gov/oinv/. (PIN: SUGAR)
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 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
Fax:
Email address
Business Proprietary
Foreign Producers’ Questionnaire ‐ Sugar
Page 2
PART I.—GENERAL INFORMATION
Background. This proceeding was instituted in response to a petition filed on March 28, 2014 by the
American Sugar Coalition (“ASC”). The ASC members are: American Sugar Cane League, Thibodaux, LA;
American Sugarbeet Growers Association, Washington, DC; American Sugar Refining, Inc., West Palm
Beach, FL; Florida Sugar Cane League, Washington, DC; Hawaiian Commercial and Sugar Company,
Puunene, HI; Rio Grande Valley Sugar Growers, Inc., Santa Rosa, TX; Sugar Cane Growers Cooperative of
Florida, Belle Glade, FL; and United States Beet Sugar Association, Washington, DC. Countervailing and
antidumping duties may be assessed on the subject imports as a result of these proceedings if the
Commission makes an affirmative determination of injury, threat, or material retardation, and if the U.S.
Department of Commerce makes an affirmative determination of subsidization and/or dumping.
Questionnaires and other information pertinent to this proceeding are available at
http://usitc.gov/investigations/701731/2014/sugar_mexico/final.htm.
Sugar covered by these investigations as defined by the Department of Commerce scope is raw and
refined sugar of all polarimeter readings derived from sugar cane or sugar beets. The chemical sucrose
gives sugar its essential character. Sucrose is a nonreducing disaccharide composed of glucose and
fructose linked by a glycosidic bond via their anomeric carbons. The molecular formula for sucrose is
C 12 H 22 O 11; the International Union of Pure and Applied Chemistry (IUPAC) International Chemical
Identifier (InChl) for sucrose is 1S/C12H22O11/c13‐l‐4‐6(16)8(18)9(19)11(21‐4)23‐12(3‐
15)10(20)7(17)5(2‐14)22‐12/h4‐11,13‐20H,1‐3H2/t4‐,5‐,6‐,7‐,8+,9‐,10+,11‐,12+/m1/s1; the InChl Key
for sucrose is CZMRCDWAGMRECN‐UGDNZRGBSA‐N; the U.S. National Institutes of Health PubChem
Compound Identifier (CID) for sucrose is 5988; and the Chemical Abstracts Service (CAS) Number of
sucrose is 57‐50‐1.
Sugar described in the previous paragraph includes products of all polarimeter readings described in
various forms, such as raw sugar, estandar or standard sugar, high polarity or semirefined sugar, special
white sugar, refined sugar, brown sugar, edible molasses, desugaring molasses, organic raw sugar, and
organic refined sugar. Other sugar products, such as powdered sugar, colored sugar, flavored sugar,
and liquids and syrups that contain 95 percent or more sugar by dry weight are also within the scope of
these investigations.
The scope of these investigations does not include (1) sugar imported under the Refined Sugar Re‐
Export Programs of the U.S. Department of Agriculture;1 (2) sugar products produced in Mexico that
contain 95 percent or more sugar by dry weight that originated outside of Mexico; (3) inedible
molasses (other than inedible desugaring molasses noted above); (4) beverages; (5) candy; (6) certain
specialty sugars; and (7) processed food products that contain sugar (e.g., cereals). Specialty sugars
excluded from the scope of these investigations are limited to the following: caramelized slab sugar
candy, pearl sugar, rock candy, dragees for cooking and baking, fondant, golden syrup, and sugar
decorations.
1
This exclusion applies to sugar imported under the Refined Sugar Re‐Export Program, the Sugar‐Containing Products Re‐Export
Program, and the Polyhydric Alcohol Program administered by the U.S. Department of Agriculture.
Business Proprietary
Foreign Producers’ Questionnaire ‐ Sugar
Page 3
Merchandise covered by these investigations is typically imported under the following headings of the
HTSUS: 1701.12.1000, 1701.12.5000, 1701.13.1000, 1701.13.5000, 1701.14.1000, 1701.14.5000,
1701.91.1000, 1701.91.3000, 1701.99.1010, 1701.99.1025, 1701.99.1050, 1701.99.5010, 1701.99.5025,
1701.99.5050, and 1702.90.4000. The tariff classification is provided for convenience and customs
purposes; however, the written description of the scope of these investigations is dispositive.
Raw sugar.—Unrefined sugar destined for further processing.
Refined sugar.—Sugar that is not destined for further processing.
Reporting of information.‐‐ If information is not readily available from your records, provide carefully
prepared estimates. If your firm is completing more than one questionnaire (i.e., a producer, importer,
purchaser and/or foreign producer questionnaire), you need not respond to duplicated questions.
Confidentiality.‐‐The commercial and financial data furnished in response to this questionnaire 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, general 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.
Verification.‐‐The information submitted in this questionnaire is subject to audit and verification by the
Commission. To facilitate possible verification of data, please keep all files, worksheets, and supporting
documents used in the preparation of the questionnaire response. Please also retain a copy of the final
document that you submit.
Release of information.‐‐The information provided by your firm in response to this questionnaire, as
well as any other business proprietary information submitted by your firm to the Commission in
connection with this proceeding, 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 this proceeding or other import‐injury proceedings 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.
Business Proprietary
Foreign Producers’ Questionnaire ‐ Sugar
I‐1.
I‐2.
Page 4
OMB statistics.‐‐Please report below the actual number of hours required and the cost to your
firm of completing this questionnaire.
Hours
Dollars
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, gathering data, and
completing and reviewing the questionnaire.
We welcome comments regarding the accuracy of this burden estimate, suggestions for
reducing the burden, and any suggestions for improving this questionnaire. Please attach such
comments to your response or send to the Office of Investigations, USITC, 500 E St. SW,
Washington, DC 20436.
Establishments covered.‐‐Provide the name and address of establishment(s) covered by this
questionnaire. If your firm is publicly traded, please specify the stock exchange and trading
symbol.
“Establishment”‐‐ Each facility of a firm in Mexico involved in the production or export of sugar,
including auxiliary facilities operated in conjunction with (whether or not physically separate
from) such facilities. Firms operating more than one establishment in Mexico should combine
the data for all establishments into a single report.
I‐3.
Related U.S. producers.‐‐Does your firm or any related firm produce, have the capability to
produce, or have any plans to produce sugar in the United States or other countries?
No
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.
Business Proprietary
Foreign Producers’ Questionnaire ‐ Sugar
I‐4.
Page 5
Related U.S. importers.‐‐Does your firm or any related firm import or have any plans to import
sugar into the United States?
No
Yes‐‐Please name the firm(s) below and ensure that they complete the
Commission’s importer questionnaire.
I‐5.
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 sugar
in crop year 2013/14.
Importer’s name
Contact
person
Email
Telephone
1
2
3
4
5
Street address (not
P.O. box), city, state,
and zip code
Street Address
,
City State Zip Code
Street Address
,
City State Zip Code
Street Address
,
City State Zip Code
Street Address
,
City State Zip Code
Street Address
,
City State Zip Code
Share of
your
firm’s
2013/14
U.S.
exports
(%)
Business Proprietary
Foreign Producers’ Questionnaire ‐ Sugar
Page 6
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.
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 sugar since October 1, 2011.
(check as many as appropriate)
(please describe)
plant openings
plant closings
relocations
expansions
acquisitions
consolidations
prolonged shutdowns or
production curtailments
revised labor agreements
other (e.g., technology)
Business Proprietary
Foreign Producers’ Questionnaire ‐ Sugar
II‐3.
Page 7
Anticipated changes in operations.‐‐Does your firm anticipate any changes in the character of
its operations or organization (as noted above) relating to the production of sugar in the future?
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.
II‐4a. Alternative products using same machinery.‐‐ Does your firm produce any alternative products
(e.g., other than sugar) on the same equipment and machinery used to produce sugar? (Do not
count by‐products or co‐products such as the production of molasses as an "alternative"
product produced on the same equipment and machinery used to produce sugar for the
purpose of this question‐‐Molasses is a by‐product or a co‐product that results from raw sugar
milling, it is not an alternative product that can be produced on the same machinery and
equipment).
No
Yes‐‐Please describe these alternative products and indicate the amounts of
each of these products produced by your firm in crop year 2013/14.
II‐5.
Share of sales.‐‐What percentage of your firm’s total sales in its most recent fiscal year was
represented by sales of sugar? percent
II‐6.
II‐7.
Firm's estimated share of production in Mexico.‐‐Please estimate the percentage of total
production of sugar in Mexico accounted for by your firm’s production in crop year 2013/14.
percent
Firm's estimated share of Mexico's exports.‐‐Please estimate the percentage of total exports to
the United States of sugar from Mexico accounted for by your firm’s exports in crop year
2013/14. percent
Business Proprietary
Foreign Producers’ Questionnaire ‐ Sugar
II‐8.
Page 8
Inventories in the United States.‐‐Has your firm, since October 1, 2011, maintained any
inventories of sugar in the United States (not including inventories held by firms identified in
question I‐3)?
“Inventories”‐‐Finished goods inventory, not raw materials or work in progress.
No
Yes‐‐Report the quantity of such end‐of‐period inventories below.
(Quantity in 1,000 short tons raw value)
Crop year
Item
Inventory
II‐9.
2011/12
2012/13
2013/14
Third country trade actions.‐‐Is the sugar exported by your firm subject to
antidumping/countervailing duty/safeguard findings, remedies, or proceedings?
No
Yes‐‐List the products(s), countries affected, and the date of such
findings/remedies/proceedings.
II‐10. Trade data.‐‐Report your firm’s production capacity, production, shipments, and inventories
related to the production of sugar in your establishment(s) in Mexico during the specified
periods. Do not submit data by manufacturing facility if they are in the same country. If your
firm has multiple manufacturing establishments within one country, you are required to
combine data for those establishments within one foreign producer questionnaire response.
Do not submit data on multiple countries combined. The establishments reported here should
all be located in the country of the firm’s address reported on the certification page.
Multinational companies with production in multiple subject countries should submit separate
foreign producer questionnaire responses for each subject country.
“Shipments”‐‐Shipments of products produced in your establishment(s) in Mexico. Quantities
reported should be net of returns.
“Home market commercial shipments”‐‐Shipments, other than internal consumption and
transfers to related firms, within Mexico.
“Home market internal consumption/transfers to related firms”‐‐Shipments made to
related firms in Mexico, including product consumed internally by your firm.
“Export shipments”‐‐Shipments to destinations outside Mexico, including shipments
to related firms.
“Inventories”‐‐Finished goods inventory, not raw materials or work‐in‐progress.
Business Proprietary
Foreign Producers’ Questionnaire ‐ Sugar
Page 9
II‐10. Trade data‐‐Continued.
Quantity (in 1,000 short tons raw value)
Item
Actual experience
Projections1
Crop years
Crop years
2011/12
2
2012/13
2013/14
2014/15
2015/16
Average production capacity (A)
Beginning‐of‐period inventories (B)
Production (C)
Home market shipments:
Internal consumption/transfers (D)
Exports to the United States
Of a polarity less than or equal to 99.4 and
destined for further processing (F)
Of a polarity greater than 99.4 and less
than or equal to 99.6.‐‐
Destined for further processing3 (G)
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
Commercial shipments (E)
3
Not destined for further processing (H)
Of a polarity greater than 99.6.‐‐
Destined for further processing3 (I)
3
Not destined for further processing (J)
Total exports to the United States
4
Exports to all other markets (K)
Total exports
Total shipments
End‐of‐period inventories (L)
1
Please explain the basis for your firm’s projections:
The production capacity reported is based on operating hours per week, weeks per year.
Please describe the constraint(s) that set the limit(s) on your firm’s capacity to produce sugar:
3
This product is often referred to as "estandar."
4
Identify principal other export markets:
2
Business Proprietary
Foreign Producers’ Questionnaire ‐ Sugar
Page 10
Reconciliation of inventory, production, and shipments.‐‐Generally, the data reported for end‐
of‐period inventories should be equal to beginning of period inventories, plus production, less
total shipments. The following “data check” calculates this reconcilation directly in the MS
Word form. If the calculated fields below return values other than zero (i.e., “0”), the data
need to be revised prior to submission to the Commission or the reasons for the differences
must be explained (e.g., theft, loss, damage, record systems issues, et cetera).
Crop years
B + C – D – E –F – G‐ H – I – J –K – L = 0
(revise data if not zero, or explain below)
2010/11
0
2011/12
0
Projections
2012/13
0
2013/14
2014/15
0
II‐11. Other explanations.‐‐If your firm would like to further explain a response to a question in Part II
that did not provide a narrative box, please note the question number and the explanation in
the space provided below. Please also use this space to highlight any issues your firm had in
providing the data in this section, including but not limited to technical issues with the MS Word
questionnaire.
0
Business Proprietary
Foreign Producers’ Questionnaire ‐ Sugar
Page 11
PART III.‐‐ALTERNATIVE PRODUCT INFORMATION
Further information on this part of the questionnaire can be obtained from Amy Sherman (202‐205‐
3289, [email protected]).
III‐1 Comparability of types of sweetener products.‐‐For each of the following, indicate whether
refined sugar and HFCS are: fully comparable or the same, i.e., have no differentiation between
them; mostly comparable or similar; somewhat comparable or similar; never or not‐at‐all
comparable or similar; or no familiarity with products.
(a)
Characteristics and Uses.‐‐ The differences and similarities in the physical
characteristics and end uses between refined sugar and HFCS.
Mostly
Somewhat
Not at all
Fully comparable
comparable
comparable
comparable
NA/no familiarity
Please provide a narrative discussion for the comparability ratings you provided in terms of their
characteristics and uses:
(b)
Interchangeability.‐‐The ability to substitute refined sugar and HFCS in the same
application.
Fully
interchangeable
Mostly
interchangeable
Somewhat
interchangeable
Not at all
interchangeable
NA/no
familiarity
Please provide a narrative discussion for the comparability ratings you provided in terms of
their interchangeability:
Business Proprietary
Foreign Producers’ Questionnaire ‐ Sugar
III‐2
Page 12
Comparability of types of sweetener products.‐‐Continued
(c)
Manufacturing facilities, production processes, and production employees.‐‐ Whether
refined sugar and HFCS are manufactured in the same facilities, from the same inputs,
on the same machinery and equipment, and using the same employees.
Fully the same
Mostly the same
Somewhat the
same
Not at all the
same
NA/no familiarity
Please provide a narrative discussion for the comparability ratings you provided in terms of their
manufacturing processes:
(d)
Channels of distribution.‐‐ Channels of distribution/market situation through which
refined sugar and HFCS are sold in the United States (i.e., sold direct to end users,
through distributors, etc.).
Fully comparable
Mostly
comparable
Somewhat
comparable
Not at all
comparable
NA/no familiarity
Please provide a narrative discussion for the comparability ratings you provided in terms of their
channels of distribution:
Business Proprietary
Foreign Producers’ Questionnaire ‐ Sugar
III‐2
Page 13
Comparability of types of sweetener products.‐‐Continued
(e)
Customer and producer perceptions.‐‐Perceptions as to the differences and/or
similarities in refined sugar and HFCS in the market (e.g., sales/marketing practices).
Fully comparable
Mostly
comparable
Somewhat
comparable
Not at all
comparable
NA/no familiarity
Please provide a narrative discussion for the comparability ratings you provided in terms of their
customer and producer perceptions:
(f)
Price.‐‐Whether prices are comparable or differ between refined sugar and HFCS.
Fully comparable
Mostly
comparable
Somewhat
comparable
Not at all
comparable
NA/no familiarity
Please provide a narrative discussion for the comparability ratings you provided in terms of their
prices:
Business Proprietary
Foreign Producers’ Questionnaire ‐ Sugar
Page 14
HOW TO FILE YOUR QUESTIONNAIRE RESPONSE
This questionnaire is available as a “fillable” form in MS Word format on the Commission’s
website at: http://www.usitc.gov/investigations/701731/2014/sugar_mexico/final.htm.
Please do not attempt to modify the format or permissions of the questionnaire
document. Please submit the completed questionnaire using one of the methods
noted below. If your firm is unable to complete the MS Word questionnaire or
cannot use one of the electronic methods of submission, please contact the
Commission for further instructions.
• Upload via Secure Drop Box.—Upload the MS Word questionnaire 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: SUGAR
• E‐mail.—E‐mail your questionnaire to [email protected]; include a scanned copy of the
signed certification page (page 1). 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.
If your firm did not produce or export this product, please fill out page 1, print, sign, and
submit a scanned copy to the Commission.
Parties to this proceeding.—If your firm is a party to this proceeding, you are required to serve
a copy of the completed questionnaire on parties to the proceeding that are subject to
administrative protective order (see 19 CFR '207.7). A list of such parties may be obtained from
the Commission’s Secretary (202‐205‐1803). A certificate of service must accompany the
completed questionnaire you submit (see 19 CFR '207.7). Service of the questionnaire must be
made in paper form.
File Type | application/pdf |
File Title | Microsoft Word - Sugar (F) Foreign Producer Questionnaire |
Author | amy.sherman |
File Modified | 2015-01-08 |
File Created | 2015-01-08 |