Download:
pdf |
pdfOMB No. 3117-0016/USITC No. 15-4-3381; Expiration Date: 6/30/2017
(No response is required if currently valid OMB control number is not displayed)
FOREIGN PRODUCERS’/EXPORTERS’ QUESTIONNAIRE
MELAMINE FROM CHINA AND TRINIDAD & TOBAGO
This questionnaire must be received by the Commission by September 3, 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 duty and antidumping investigations concerning China and Trinidad & Tobago
(701-TA-526-527 and 731-TA-1262-1263 (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 melamine (as defined on next page) at any time since January 1, 2012?
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)
Data reported in this questionnaire relate to (Check one):
CHINA
TRINIDAD & TOBAGO
Return questionnaire via the Commission Drop Box by clicking on the following link:
https://dropbox.usitc.gov/oinv/. (PIN: MEL15)
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 – Melamine
Page 2
PART I.—GENERAL INFORMATION
Background.—This proceeding was instituted in response to a petition filed on November 12, 2014 by
Cornerstone Chemical Company, Waggaman, Louisiana. Countervailing and/or 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/701731/2015/melamine_china_and_trinidad_tobago/final.htm.
Melamine.—The merchandise subject to these investigations is melamine (Chemical Abstracts Service
(“CAS”) registry number 108-78-01, molecular formula C3H6N6). Melamine is a crystalline powder or
granule typically (but not exclusively) used to manufacture melamine formaldehyde resins. All melamine
is covered by the scope of these investigations irrespective of purity, particle size, or physical form.
Melamine that has been blended with other products is included within this scope when such blends
include constituent parts that have been intermingled, but that have not been chemically reacted with
each other to produce a different product. For such blends, only the melamine component of the
mixture is covered by the scope of these investigations. Melamine that is otherwise subject to these
investigations is not excluded when commingled with melamine from sources not subject to these
investigations. Only the subject component of such commingled products is covered by the scope of
these investigations.
The subject merchandise is provided for in subheading 2933.61.00 of the Harmonized Tariff Schedule of
the United States (“HTSUS”). Although the HTSUS subheading and CAS registry number are provided for
convenience and customs purposes, the written description of the scope is dispositive.
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 – Melamine
I-1.
Page 3
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.
I-2.
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 China or Trinidad & Tobago involved in the
production or export of melamine, including auxiliary facilities operated in conjunction with
(whether or not physically separate from) such facilities. Firms operating more than one
establishment in China or Trinidad & Tobago 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 melamine 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 – Melamine
I-4.
Related U.S. importers.—Does your firm or any related firm import or have any plans to import
melamine into the United States?
No
I-5.
2
3
4
5
Yes—Please name the firm(s) below and ensure that they complete the
Commission’s importer questionnaire.
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
melamine in 2014.
Importer’s name
1
Page 4
Contact
person
Email
Telephone
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
2014 U.S.
exports
(%)
Business Proprietary
Foreign Producers’ Questionnaire – Melamine
I-6.
Page 5
Relationships with other melamine producers.—Does your firm have any contractual
relationship of any kind, including but not limited to supply, purchase, and/or joint marketing
agreements with any producer of melamine that was effective at any point after January 1,
2012? If so, please describe the nature of that relationship.
Business Proprietary
Foreign Producers’ Questionnaire – Melamine
Page 6
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 melamine since January 1, 2012.
(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’ Questionnaire – Melamine
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 melamine in the
future?
No
II-4a.
Page 7
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 the response a specific projection of your firm’s
capacity to produce melamine (in 1,000 pounds) for 2015 and 2016.
Overall capacity and production.—Please report your firm’s production of products made on
the same equipment and machinery used to produce melamine, and the combined production
capacity on this shared equipment and machinery.
“Average production capacity” or “capacity” – The level of production that your
establishment(s) could reasonably have expected to attain during the specified periods for all
products manufactured in that establishment using the same manufacturing equipment.
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).
“Production” – All production in your establishment(s) in China or Trinidad & Tobago, including
production consumed internally within your firm.
Quantity (in 1,000 pounds)
Calendar years
Item
2012
2013
January-June
2014
2014
2015
Overall production capacity
Production of:
Melamine1
Other products
Total
1
2
II-4b.
0
0
0
0
0
0
0
0
0
0
2
Data entered for production of melamine will populate here once reported in question II-7.
Please identify these products:
.
Operating parameters.—The production capacity (see definitions in instruction booklet) reported in
II-4a is based on operating
hours per week,
weeks per year.
Business Proprietary
Foreign Producers’ Questionnaire – Melamine
Page 8
II-4c.
Capacity calculation.—Please describe the methodology used to calculate overall production
capacity reported in II-4a, and explain any changes in reported capacity.
II-4d.
Production constraints.—Please describe the constraint(s) that set the limit(s) on your firm’s
production capacity.
II-4e.
Product shifting.—
(i).
Is your firm able to switch production (capacity) between melamine 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-5.
Share of sales.—What percentage of your firm’s total sales in its most recent fiscal year was
represented by sales of melamine?
percent.
II-6.
Firm's estimated share of production in China or Trinidad & Tobago.—Please estimate the
percentage of total production of melamine in the country specified on the certification page
accounted for by your firm’s production in 2014.
percent.
II-7.
Firm's estimated share of country's exports.—Please estimate the percentage of total exports
to the United States of melamine from the country specified on the certification page accounted
for by your firm’s exports in 2014.
percent.
Business Proprietary
Foreign Producers’ Questionnaire – Melamine
II-8.
Page 9
Inventories in the United States.—Has your firm, since 2012, maintained any inventories of
melamine 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 pounds)
Calendar year
Item
2012
2013
January-June
2014
2014
Inventory
II-9.
Third country trade actions.—Is the melamine 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.
2015
Business Proprietary
Foreign Producers’ Questionnaire – Melamine
II-10.
Page 10
Trade data.—Report your firm’s production capacity, production, shipments, and inventories
related to the production of melamine in your establishment(s) in China or Trinidad & Tobago
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 China or Trinidad &
Tobago. Quantities reported should be net of returns.
“Home market commercial shipments” – Shipments, other than internal consumption and
transfers to related firms, within China or Trinidad & Tobago.
“Home market internal consumption/transfers to related firms” – Shipments made to
related firms in China or Trinidad & Tobago, including product consumed internally by your firm.
“Export shipments” – Shipments to destinations outside China or Trinidad & Tobago, including
shipments to related firms.
“Inventories” – Finished goods inventory, not raw materials or work-in-progress.
Note.—As requested in Part I of this questionnaire, please keep all supporting
documents/records used in the preparation of the trade data, as Commission staff may contact
your firm regarding questions on the trade data. The Commission may also request that your
company submit copies of the supporting documents/records (such as production and sales
schedules, inventory records, etc.) used to compile these data
Business Proprietary
Foreign Producers’ Questionnaire – Melamine
II-10.
Page 11
Trade data.—Continued.
Quantity (in 1,000 pounds)
Projections1
Actual experience
Calendar year
Item
2012
2013
January-June
2014
2014
Calendar year
2015
2015
2016
2
Average production capacity (A)
Beginning-of-period inventories
(B)
Production (C)
Home market shipments:
Internal consumption/
transfers (D)
Commercial shipments (E)
Exports to the United States (F)
Exports to other North American
markets (G)
Exports to Europe (H)
Exports to Asia (I)
Exports to all other markets3 (J)
Total exports (K)
(should equal F+G+H+I+J)
0
0
0
0
0
0
0
Total shipments (L)
(should equal D+E+K)
0
0
0
0
0
0
0
End-of-period inventories (M)
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 methodology used to calculate production capacity, and explain any changes in reported capacity:
.
3
Identify principal other export markets:
.
2
Business Proprietary
Foreign Producers’ Questionnaire – Melamine
II-10.
Page 12
Trade data.—Continued.
RECONCILIATION OF SHIPMENTS, PRODUCTION, AND INVENTORY.—Generally, the data reported
for the end-of-period inventories (i.e., line J) 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, E, F, and
G). 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 any
differences (e.g., theft, loss, damage, record systems issues, etc.) if they exist.
Item
B + C – D – E – F –G – H – I – J
– M = should equal zero ("0")
or provide an explanation.1
2012
Actual experience
Projections
Calendar year
Calendar year
2013
0
2014
0
2015
0
2016
0
1
Explanation if the calculated fields above are returning values other than zero (i.e., “0”) but are nonetheless
accurate:
.
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 – Melamine
Page 13
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/701731/2015/melamine_china_and_trinidad_toba
go/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: MEL15
• 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 (202205-1803). 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 | Foreign producer questionnaire |
| Subject | Title 7 investigations |
| Author | Sherman, Amy |
| File Modified | 2015-07-23 |
| File Created | 2015-07-23 |