Form 14-4-3274 Foreign Producer Questionnaire

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

Sunset Foreign Producer Questionnaire EMD Review

Electrolytic Manganese Dioxide from Australia and China, Inv. No. 731-TA-1124-1125 (Review)

OMB: 3117-0016

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OMB No. 3117-0016/USITC No. 14-4-3274; Expiration Date: 6/30/2017
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FOREIGN PRODUCERS’/EXPORTERS’ QUESTIONNAIRE
ELECTROLYTIC MANGANESE DIOXIDE FROM AUSTRALIA AND CHINA

This questionnaire must be received by the Commission by no later than August 20, 2014
See 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 orders concerning electrolytic manganese dioxide (“EMD”) from
Australia and/or China (inv. Nos. 731-TA-1124 and 1125 (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 EMD (as defined in the instruction booklet) at any time since January 1,
2008?

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)

Data reported in this questionnaire relate to (Check one):
Australia

China

Return questionnaire via the U.S. International Trade Commission Drop Box by clicking
on the following link: https://dropbox.usitc.gov/oinv/. (use the following PIN: EMDAC)
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 – EMD from Australia and China (Review)

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 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
firm’s 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 U.S. importers of your firm’s EMD in 2013.

No.

1
2
3
4
5

Importer’s name

Contact person

Email address

Area
code and
telephone
number

Share of
your firm’s
2013 U.S.
exports
(%)

Business Proprietary
Foreign Producers’/Exporters’ Questionnaire - EMD from Australia and China (Review)

Page 3

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 EMD 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 EMD
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 Cynthia Trainor ([email protected]; 202-2053354) for copies of that questionnaire).

Yes--Please name the firm(s) below and ensure that they complete the
Commission’s importer questionnaire (contact Cynthia Trainor
([email protected]; 202-205-3354) 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 EMD?
No

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

Business Proprietary
Foreign Producers’/Exporters’ Questionnaire - EMD from Australia and China (Review)

Page 4

PART II.--TRADE AND RELATED INFORMATION
Further information on this part of the questionnaire can be obtained from Cynthia Trainor (202-2053354, [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 EMD since January 1, 2008.
(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)

(please describe)

Business Proprietary
Foreign Producers’/Exporters’ Questionnaire - EMD from Australia and China (Review)

Page 5

PART II.--TRADE AND RELATED INFORMATION--Continued
II-3.

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 EMD in the future?
No

II-4.

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 EMD (in short tons) for 2014 and 2015.

Anticipated changes in operations in the event the order is revoked.--Would your firm
anticipate any changes in the character of its operations or organization (as noted above) relating
to the production of EMD in the future if the antidumping duty orders on EMD from Australia
and/or China were to be revoked?
No

II-5a.

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 EMD (in short tons) for 2014 and 2015.

Production and capacity.--Please report your firm’s production of EMD, production of products
made on the same equipment and machinery used to produce EMD, and the combined production
capacity on this shared equipment and machinery in the periods indicated.
(Quantity in short tons)
Item

2008

2009

2010

2011

2012

2013

Overall production capacity
Production of:
EMD 1
Other products2
1
2

II-5b.

EMD production should equal production data reported in II-15.
Please identify:

Operating parameters.--The production capacity (see definitions in instruction booklet) reported in
II-5a is based on operating
hours per week,
weeks per year.

Business Proprietary
Foreign Producers’/Exporters’ Questionnaire - EMD from Australia and China (Review)

Page 6

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

Capacity calculation.--Please describe the methodology used to calculate overall production capacity
reported in II-4a, and explain any changes in reported capacity.

II-5d.

Production constraints.--Please describe the constraint(s) that set the limit(s) on your firm’s
production capacity.

II-6.

Product shifting.-(i)

Is your firm able to switch production (capacity) between EMD and other products using the
same equipment and/or labor?
No

(ii)

Yes-- (i.e., have produced other products or are able to produce other
products). Please identify other actual or potential products:

Please describe the factors that affect your firm’s ability to shift production capacity between
products (e.g., time, cost, relative price change, etc.), and the degree to which these factors
enhance or constrain such shifts.

II-7.

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

II-8.

Inventories in the United States.--Has your firm, since 2008, maintained any inventories of
EMD 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

Inventory

2008

2009

2010

2011

2012

2013

Business Proprietary
Foreign Producers’/Exporters’ Questionnaire - EMD from Australia and China (Review)

Page 7

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

Barriers.-(a)

Are your firm’s exports of EMD 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 EMD 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-10.

Country

Country

Type of proceeding

Other export markets.--Identify export markets (other than the United States) that your firm has
developed or where it has increased its sales of EMD since 2008. Please identify and discuss
below.

Business Proprietary
Foreign Producers’/Exporters’ Questionnaire - EMD from Australia and China (Review)

Page 8

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

Significance of countervailing duty/antidumping duty order.--Describe the significance of the
existing antidumping duty orders covering imports of EMD from Australia and/or China 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-12.

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 EMD in the future if the antidumping duty
orders on EMD from Australia and/or China 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.

II-13. Commencement of operations.—Provide a detailed timeline for installation of an EMD
production facility from greenfield investment to commercial shipment of finished EMD product.

Business Proprietary
Foreign Producers’/Exporters’ Questionnaire - EMD from Australia and China (Review)

Page 9

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

Changes in EMD operations.--What changes have occurred to the infrastructure of your EMD
production facility since the antidumping duty orders on EMD from Australia and China were
imposed. Please discuss changes to your infrastructure, including ore procurement, electricity
supply, land ownership, outbound transportation, and any other changes.

Business Proprietary
Foreign Producers’/Exporters’ Questionnaire - EMD from Australia and China (Review)

Page 10

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

Trade data.-- Report production capacity, production, shipments, and inventories of EMD
produced by your firm during the specified periods. (See definitions in the instruction booklet.)
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.
Quantity (in short tons) and Value (in 1,000 dollars)
Calendar year
Item

2008

2009

2010

2011

January-June
2012

2013

2013

2014

Average production capacity1 (A)
Beginning-of-period inventories (B)
Production2 (C)
Home market shipments:
Internal consumption/transfers
quantity (D)
value (E)
Commercial shipments
quantity (F)
value (G)
Export shipments:
to the United States:3
quantity (H)
value (I)
to the European Union:4
quantity (J)
value (K)
to Asia:5
quantity (L)
value (M)
to all other markets:6
quantity (N)
value (O)
Total exports (quantity)
Total shipments (quantity)
End-of-period inventories (P)
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 EMD in Australia or China accounted for by your firm’s production
in 2013:
percent
3
Please estimate the percentage of total exports to the United States of EMD in Australia or China accounted for by your
firm’s exports in 2013:
percent
4
Identify your firm’s principal European Union export markets:
.
5
Identify your firm’s principal Asian export markets:
.
6
Identify your firm’s principal other export markets:
.

Business Proprietary
Foreign Producers’/Exporters’ Questionnaire - EMD from Australia and China (Review)

Page 11

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

Trade data.—Continued

Note.—The table below contains automatic calculations that will appear when you have entered data in the MS
Word form fields in table II-15 on the previous page.
RECONCILIATION OF SHIPMENT, INVENTORY AND PRODUCTION DATA
Generally, the data reported for the end-of-period inventories (i.e., line P) should be equal to the beginning-of-period
inventories (i.e., line B), plus production (i.e., line C), less total shipments (i.e., lines D, F, H, J, L, and N). Please ensure that
any differences are not due to data entry errors in completing this form, but rather actually reflect your firm’s records; and also
provide any likely explanations for the differences (e.g., theft, loss, damage, record systems issues, etc.).
Calendar years
Reconciliation item

2008

Reconciliation should = 0 (if not,
either revise data or explain the
reason for the discrepancy
below)

2009

0

2010

0

January-June

2011

0

2012

0

2013

0

2013

0

2014

0

0

Explanation for reconciliation not holding:
.

II-16.

Other explanations.--If your firm would like to further explain a response to a question in Part II
that did not provide a narrative response 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.

Business Proprietary
Foreign Producers’/Exporters’ Questionnaire - EMD from Australia and China (Review)

Page 12

PART III.--MARKET FACTORS
Further information on this part of the questionnaire can be obtained from James Fetzer (202-708-5403;
[email protected]).
III-1.

Contact information.-- Please identify the responsible individual and how Commission staff
may contact the 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 EMD to U.S.
customers in 2012 was on a (1) long-term contract basis, (2) short-term contract basis, and
(3) spot sales basis?

Long-term
contracts
(multiple deliveries
for more than 12
months)
Share of your
2013 sales

III-3.

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

%

Spot sales
(for a single
delivery)

%

%

Total
(should sum to
100.0%)
0

%

Contract provisions.--Please fill out the table regarding your firm’s typical sales contracts with
U.S. customers for EMD (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)

Business Proprietary
Foreign Producers’/Exporters’ Questionnaire - EMD from Australia and China (Review)

Page 13

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

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

Share of 2013
sales

From inventory

%

Produced to order

%

Total (should sum to 100.0%)

III-5.

0

Lead time (days)

%

Raw materials.-(a) To what extent have changes in the prices of raw materials affected your firm’s selling prices
for EMD since January 1, 2008?

(b) Do you anticipate changes in your firm’s raw material costs?
No

III-6.

If yes, please explain.

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 Australia- and/or China-produced EMD
in the U.S. market since January 1, 2008?
No

III-7.

Yes

Yes

If yes, please describe.

Availability of SUBJECT import supply.-- Do you anticipate any changes in terms of the
availability of Australia- and/or China-produced EMD in the U.S. market in the future?
If you anticipate changes in supply, please identify the
No
changes, including the time period and the impact of such
Increase change Decrease changes on shipment volumes and prices.

Business Proprietary
Foreign Producers’/Exporters’ Questionnaire - EMD from Australia and China (Review)

Page 14

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

Product shifting.--Describe how easily your firm can shift its sales of EMD 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 EMD
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 EMD in your firm’s home
market different from that of EMD for export to the United States or to third-country markets?
No

Yes

If yes, please explain.

III-10. Product changes.--Have there been any significant changes in the product range, product mix, or
marketing of EMD in your firm’s home market, for export to the United States, or for export to
third-country markets since January 1, 2008? Do you anticipate any future changes?
Changes in
product range,
product mix, or
marketing
No Yes
Changes since
2008
Anticipated
changes

Explain

Business Proprietary
Foreign Producers’/Exporters’ Questionnaire - EMD from Australia and China (Review)

Page 15

PART III.--MARKET FACTORS--Continued
III-11. Substitutes.— Can other products be substituted for EMD?
No

Yes--Please fill out the table.

End use in which this
substitute is used

Substitute

Have changes in the price of this substitute
affected the price for EMD?
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 EMD since January 1, 2008? Do you anticipate any future changes?
Changes in
substitutes

No Yes

Explain

Changes since
2008
Anticipated
changes

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

No

If no, identify the market(s) and any differences in the products.

III-14. End uses.--Describe the end uses of the EMD that your firm manufactures and sell to your firm’s
home market. If these end uses differ from those of the EMD your firm sells to the U.S. market
or to third-country markets, explain.

Business Proprietary
Foreign Producers’/Exporters’ Questionnaire - EMD from Australia and China (Review)

Page 16

PART III.--MARKET FACTORS--Continued
III-15. Changes in end uses.-- Have there been any changes in the end uses of EMD since 2008? Do
you anticipate any future changes?
Changes in end
uses

No

Yes

Explain

Changes since
2008
Anticipated
changes

III-16. Demand trends.--Indicate how demand in the following markets for EMD has changed since
January 1, 2008, and how you anticipate demand will change in the future. Explain any trends
and describe the principal factors that have affected, and that you anticipate will affect, these
changes in demand.
Your
firm’s
market

Fluctuate
Overall
No
Overall
with no
increase change decrease clear trend

Explanation and factors

Demand since 2008
Home
market
United
States
Other
markets
Anticipated future demand
Home
market
United
States
Other
markets

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

Business Proprietary
Foreign Producers’/Exporters’ Questionnaire - EMD from Australia and China (Review)

Page 17

PART III.--MARKET FACTORS--Continued
III-18. International shipping costs.—
(a) Who typically arranges international transportation costs for your firm’s exports?
Exporter

Importer

(b) If your firm typically arranges international transportation, for 2013, report or estimate the
average cost to ship typical volumes of EMD to the United States.
dollars per short ton

III-19. Description of home market.--Describe briefly your firm’s home market for EMD, including the
number of, and competition between, producers.

III-20. Import competition.--Do your firm face competition from imports of EMD in your firm’s home
market?
No

Yes

If yes, please identify the country sources of these imports.

III-21. 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 EMD supply (including production
capacity and capacity utilization) and demand in (1) the United States, (2) each of the other major
producing/consuming countries, including EMD, and (3) the world as a whole. Of particular
interest is such data from 2008 to the present and forecasts for the future.
III-22. Other explanations.--If your firm would like to further explain a response to a question in Part
III that did not provide a narrative response 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.


File Typeapplication/pdf
File TitleMicrosoft Word - Sunset Foreign Producer Questionnaire EMD Review
Authorcynthia.trainor
File Modified2014-07-21
File Created2014-07-21

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