15-4-3423 Foreign Producers' Questionnaire

OMB No. 3117-0016/USITC No. 15-4-3423; Expiration Date: 6/30/2017
(No response is required if currently valid OMB control number is not displayed)

FOREIGN PRODUCERS’/EXPORTERS’ QUESTIONNAIRE

CERTAIN POLYETHYLENE TEREPHTHALATE RESIN FROM
CANADA, CHINA, INDIA, AND OMAN
This questionnaire must be received by the Commission by January 5, 2016
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/antidumping duty investigation(s) concerning Certain Polyethylene
Terephthalate Resin (PET resin) from Canada, China, India, and Oman (Inv. Nos. 701-TA-531-533; 731-TA-12701273 (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 PET resin (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):
CANADA

CHINA

INDIA

OMAN

Return questionnaire via the Commission Drop Box by clicking on the following link:
https://dropbox.usitc.gov/oinv/. (PIN: PRES)
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 – Certain PET resin

Page 2

PART I.—GENERAL INFORMATION
Background.--This proceeding was instituted in response to a petition filed on March 10, 2015, by DAK
Americas LLC (Charlotte, NC), M&G Chemicals (Houston, TX), and Nan Ya Plastics Corporation, America
(Lake City, SC). 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/dumping. Questionnaires and other information pertinent to this proceeding are available
at
http://www.usitc.gov/investigations/701731/2015/certain_polyethylene_terephthalate_resin_canada/f
inal.htm.
Certain PET resin covered by these investigations is polyethylene terephthalate (PET) resin having an
intrinsic viscosity of at least 0.70, but not more than 0.88, deciliters per gram. The scope includes blends
of virgin PET resin and recycled PET resin containing predominantly virgin PET resin content, provided
such blends meet the intrinsic viscosity requirements above. The scope includes all PET resin meeting
the above specifications regardless of additives introduced in the manufacturing process. The
merchandise subject to these investigations is properly classified under statistical reporting number
3907.60.00.30 of the Harmonized Tariff Schedule of the United States (HTSUS). Although the HTSUS
subheading is provided for convenience and customs purposes, the written description of the
merchandise under investigation 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 – Certain PET resin
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 Canada, China, India, and/or Oman involved in the
production or export of PET resin, including auxiliary facilities operated in conjunction with
(whether or not physically separate from) such facilities. Firms operating more than one
establishment in Canada, China, India, and/or Oman 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 PET resin 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 – Certain PET resin
I-4.

Related U.S. importers.--Does your firm or any related firm import or have any plans to import
PET resin 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 PET
resin 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 – Certain PET resin

Page 5

PART II.--TRADE AND RELATED INFORMATION
Further information on this part of the questionnaire can be obtained from Michael Haberstroh (202205-3390, [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 PET resin 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 – Certain PET resin
II-3.

Page 6

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 PET resin 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. Include in the response a specific projection of your firm’s
capacity to produce PET resin (in 1,000 pounds) for 2016 and 2017.

Business Proprietary
Foreign Producers’ Questionnaire – Certain PET resin
II-4a.

Page 7

Production using same machinery.-- Please report your firm’s production of products made on
the same equipment and machinery used to produce PET resin, and the combined production
capacity on this shared equipment and machinery.
“Overall 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).
“Production” --All production in your establishment(s) in Canada, China, India, and/or Oman,
including production consumed internally within your firm.
Quantity (in 1,000 pounds)
Calendar years
Item

2012

2013

January-September
2014

2014

2015

Overall production capacity
(A)
Production of:
PET resin.-Hot-Fill PET resin
applications (B)
Cold-Fill PET resin
applications (C)
Subject PET resin (D)

0

0

0

0

0

0

0

0

0

0

1

Other products (E)
Total (F)
1

Please identify these products:

.

RECONCILIATION OF PRODUCTION.—Production of PET resin report in this table (lines B plus C) should be
exactly equal to production reported in question II-10 (line I).
Calendar years
Reconciliation
B + C – I should equal zero,
revise if not.

2012

2013
0

January-September
2014

0

2014
0

2015
0

0

Business Proprietary
Foreign Producers’ Questionnaire – Certain PET resin

Page 8

II-4b.

Operating parameters.--The production capacity reported in II-4a is based on operating
per week,
weeks per year.

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 PET resin and other products using
the same equipment and/or labor?
No

(ii).

hours

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 PET resin?
percent.

II-6.

Firm's estimated share of production in Canada, China, India, and/or Oman.--Please estimate the
percentage of total production of PET resin 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 PET resin from the country specified on the certification page accounted for
by your firm’s exports in 2014.
percent.

Business Proprietary
Foreign Producers’ Questionnaire – Certain PET resin
II-8.

Page 9

Inventories in the United States.--Has your firm, since 2012, maintained any inventories of PET
resin 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

2014

Inventory
II-9.

Third country trade actions.--Is the PET resin 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.

Business Proprietary
Foreign Producers’ Questionnaire – Certain PET resin
II-10.

Page 10

Trade data.--Report your firm’s production capacity, production, shipments, and inventories
related to the production of PET resin in your establishment(s) in Canada, China, India, and/or
Oman 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.
“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 Canada, China, India, and/or Oman,
including production consumed internally within your firm.
“Shipments”--Shipments of products produced in your establishment(s) in Canada, China, India,
and/or Oman. Quantities
reported should be net of returns.
“Home market commercial shipments”--Shipments, other than internal consumption and
transfers to related firms, within Canada, China, India, and/or Oman.
“Home market internal consumption/transfers to related firms”--Shipments made to
related firms in Canada, China, India, and/or Oman, including product consumed internally by
your firm.
“Export shipments”--Shipments to destinations outside Canada, China, India, and/or Oman,
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 – Certain PET resin
II-10.

Page 11

Trade data--Continued.
Quantity (in 1,000 pounds)
Projections1

Actual experience
Calendar year
Item

2012

2013

January-September
2014

2014

Calendar year

2015

2016

2017

Average production
capacity2 (G)
Beginning-of-period
inventories (H)
Production (I)
Shipments.-In home market:
Internal
consumption/
transfers (J)
Commercial
shipments (K)
To export markets:
to the United
States (L)
to all other
markets3 (M)
Total exports (N)
(should equal L+M)

0

0

0

0

0

0

0

Total shipments (O)
(should equal J+K+L+M)

0

0

0

0

0

0

0

End-of-period inventories
(P)
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 – Certain PET resin
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 P) should be equal to the beginning-of-period
inventories (i.e., line H), plus production (i.e., line I), less total shipments (i.e., lines J, K, L, and M).
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.
Actual experience
Calendar year
Item

2012

2013

Projections

January-September
2014

2014

2015

Calendar year
2016

2017

H + I – J – K – L –M –P =
should equal zero ("0")
or provide an
explanation.1
0
0
0
0
0
0
1
Explanation if the calculated fields above are returning values other than zero (i.e., “0”) but are
nonetheless accurate.
II-11.

0

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.

Business Proprietary
Foreign Producers’ Questionnaire – Certain PET resin

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/certain_polyethylene_terephthalate
_resin_canada/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: PRES

• 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.