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pdfOMB No. 3117‐0016/USITC No. 16‐5‐3595; Expiration Date: 6/30/2017
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U.S. FARMERS’/FISHERMEN’S QUESTIONNAIRE
FROZEN WARMWATER SHRIMP FROM
BRAZIL, CHINA, INDIA, THAILAND, AND VIETNAM
This questionnaire must be received by the Commission by December 28, 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 reviews of the antidumping duty orders concerning frozen warmwater shrimp from Brazil, China,
India, Thailand, and Vietnam (Inv. Nos. 731‐TA‐1063, 1064, 1066‐1068 (Second Review)). The information requested in
the questionnaire is requested under the authority of the Tariff Act of 1930, title VII. This report is mandatory and failure
to reply as directed can result in a subpoena or other order to compel the submission of records or information in your
firm’s possession (19 U.S.C. § 1333(a)).
Name of firm
Address
City
State
Zip Code
Website
Has your firm harvested warmwater shrimp (as defined on the next page) at any time since January 1, 2013?
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: SHRIMP)
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, the undersigned, acknowledge that information submitted in response to this request for information and throughout this
investigation or other proceeding may be disclosed to and used: (i) by the Commission, its employees and Offices, and contract
personnel (a) for developing or maintaining the records of this or a related proceeding, or (b) in internal investigations, audits,
reviews, and evaluations relating to the programs, personnel, and operations of the Commission including under 5 U.S.C.
Appendix 3; or (ii) by U.S. government employees and contract personnel, solely for cybersecurity purposes. I understand that all
contract personnel will sign appropriate nondisclosure agreements.
Name of Authorized Official Title of Authorized Official
Date
Phone:
Signature
Fax:
Email address
Business Proprietary
U.S. Farmers’/Fishermen’s Questionnaire ‐ Frozen Warmwater Shrimp
Page 2
PART I.—GENERAL INFORMATION
Background.‐‐ On February 1, 2005, the Department of Commerce (‘‘Commerce’’) issued antidumping
duty orders on imports of frozen warmwater shrimp from Brazil, China, India, Thailand, and Vietnam (70
FR 5143–5156). Following the five‐year reviews by Commerce and the Commission, effective April 29,
2011, Commerce issued a continuation of the antidumping duty orders on imports of frozen warmwater
shrimp from Brazil, China, India, Thailand, and Vietnam (76 FR 23972). The Commission is now
conducting second reviews pursuant to section 751(c) of the Act, as amended (19 USC 1675(c)), to
determine whether revocation of the orders would be likely to lead to continuation or recurrence of
material injury to the domestic industry within a reasonably foreseeable time. If both the Commission
and Commerce make affirmative determinations, the orders will remain in place. If either the
Commission or Commerce makes negative determinations, Commerce will revoke the orders.
Questionnaires and other information pertinent to this proceeding are available at
https://www.usitc.gov/investigations/701731/2016/frozen_warmwater_shrimp_brazil_china_india/sec
ond_review_full.htm.
Frozen warmwater shrimp covered by these investigations include certain frozen warmwater shrimp
and prawns whether wild‐caught (ocean harvested) or farm‐raised (produced by aquaculture), head‐on
1
or head‐off, shell‐on or peeled, tail‐on or tail‐off, deveined or not deveined, cooked or raw, or
otherwise processed in frozen form.
The frozen warmwater shrimp and prawn products included in the Orders, regardless of
definitions in the Harmonized Tariff Schedule of the United States (HTSUS), are products which are
processed from warmwater shrimp and prawns through freezing and which are sold in any count size.
The products described above may be processed from any species of warmwater shrimp and
prawns. Warmwater shrimp and prawns are generally classified in, but are not limited to, the Penaeidae
family. Some examples of the farmed and wild‐caught warmwater species include, but are not limited
to, whiteleg shrimp (Penaeus vannemei), banana prawn (Penaeus merguiensis), fleshy prawn (Penaeus
chinensis), giant river prawn (Macrobrachium rosenbergii), giant tiger prawn (Penaeus monodon),
redspotted shrimp (Penaeus brasiliensis), southern brown shrimp (Penaeus subtilis), southern pink
shrimp (Penaeus notialis), southern rough shrimp (Trachypenaeus curvirostris), southern
white shrimp (Penaeus schmitti), blue shrimp (Penaeus stylirostris), western white shrimp (Penaeus
occidentalis), and Indian white prawn (Penaeus indicus).
Frozen shrimp and prawns that are packed with marinade, spices or sauce are included in the
scope of the Orders. In addition, food preparations, which are not “prepared meals,” that contain more
than 20 percent by weight of shrimp or prawn are also included in the scope of the orders. Excluded
from the Orders are: (1) Breaded shrimp and prawns (HTSUS subheading 1605.20.10.20); (2) shrimp and
prawns generally classified in the Pandalidae family and commonly referred to as coldwater shrimp, in
any state of processing; (3) fresh shrimp and prawns whether shell‐on or peeled (HTSUS subheadings
0306.23.00.20 and 0306.23.00.40); (4) shrimp and prawns in prepared meals (HTSUS subheading
1605.20.05.10); (5) dried shrimp and prawns; (6) canned warmwater shrimp and prawns (HTSUS
subheading 1605.20.10.40); and (7) certain battered shrimp. Battered shrimp is a shrimp‐based product:
(1) That is produced from fresh (or thawed‐from‐frozen) and peeled shrimp; (2) to which a ‘‘dusting’’
layer of rice or wheat flour of at least 95 percent purity has been applied; (3) with the entire surface of
the shrimp flesh thoroughly and evenly coated with the flour; (4) with the non‐shrimp content of the
end product constituting between four and 10 percent of the product’s total weight after being dusted,
but prior to being frozen; and (5) that is subjected to individually quick frozen (“IQF”) freezing
immediately after application of the dusting layer. When dusted in accordance with the definition of
1
‘‘Tails’’ in this context means the tail fan, which includes the telson and the uropods.
Business Proprietary
U.S. Farmers’/Fishermen’s Questionnaire ‐ Frozen Warmwater Shrimp
Page 3
dusting above, the battered shrimp product is also coated with a wet viscous layer containing egg
and/or milk, and par‐fried.
The products covered by the Orders are currently classified under the following HTSUS
subheadings: 0306.17.00.03, 0306.17.00.06, 0306.17.00.09, 0306.17.00.12, 0306.17.00.15,
0306.17.00.18, 0306.17.00.21, 0306.17.00.24, 0306.17.00.27, 0306.17.00.40, 1605.21.10.30, and
1605.29.10.10. These HTSUS subheadings are provided for convenience and for customs purposes
only and are not dispositive, but rather the written description of the scope of the orders is dispositive.
Warmwater shrimp and prawns (wild‐caught/farm‐raised). The product herein is fresh shrimp and
prawns generally classified in, but not limited to, the Penaeidae family (e.g., Brown shrimp (Penaeus
aztecus), White shrimp (Penaeus setiferus), and Pink shrimp (Penaeus duorarum).
Processor.—Any firm or entity engaging in shrimp processing activities such as deheading, grading,
machine peeling, deveining, and cooking, but not repackaging, marinating, or skewering.
Reporting of information.‐‐If information is not readily available from your records in exactly the form
requested, furnish carefully prepared estimates. If your firm is completing more than one questionnaire
in connection with this proceeding (i.e., a producer, importer, and/or purchaser questionnaire), you
need not respond to duplicated questions in the questionnaires.
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 of your 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
U.S. Farmers’/Fishermen’s Questionnaire ‐ Frozen Warmwater Shrimp
I‐1.
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 50 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/Boats covered.‐‐ Please describe the establishments covered by this
questionnaire response, including information on the number of boats your firm owns and
operates. Firms operating more than one boat should combine the data for all boats into a
single report.
I‐3.
Position regarding continuation of order.‐‐Does your firm support or oppose continuation of
the antidumping duty orders currently in place for frozen warmwater shrimp from the following
countries?
Country
Support
Oppose
Take no position
Brazil
China
India
Thailand
Vietnam
Business Proprietary
U.S. Farmers’/Fishermen’s Questionnaire ‐ Frozen Warmwater Shrimp
I‐4.
I‐5.
I‐6.
I‐7.
Page 5
Ownership.‐‐Is your firm owned, in whole or in part, by any other firm?
No
Yes‐‐List the following information.
Firm name
Address
Extent of
ownership
(percent)
Related importers/exporters.‐‐Does your firm have any related firms, either domestic or
foreign, that are engaged in importing frozen warmwater shrimp into the United States or that
are engaged in exporting frozen warmwater shrimp to the United States?
No
Yes‐‐List the following information.
Firm name
Address
Affiliation
Related producers.‐‐Does your firm have any related firms, either domestic or foreign, that are
engaged in the production of frozen warmwater shrimp?
No
Yes‐‐List the following information.
Firm name
Address
Affiliation
Business plan.‐‐In Part II 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 market conditions for frozen warmwater shrimp?
No
Yes
If yes, please provide the requested documents. If you are not providing the
requested documents, please explain why not.
Business Proprietary
U.S. Farmers’/Fishermen’s Questionnaire ‐ Frozen Warmwater Shrimp
Page 6
Business Proprietary
U.S. Farmers’/Fishermen’s Questionnaire ‐ Frozen Warmwater Shrimp
Page 7
PART II.‐‐TRADE AND RELATED INFORMATION
Further information on this part of the questionnaire can be obtained from Keysha Martinez (202‐205‐
2136, [email protected]).
II‐1. Limitations.‐‐Please describe any state and federal limitations on shrimp fishing activities, e.g.,
limitations on areas where it is permissible to fish, limitations on length of season, use of
specified gear (TED’s and by‐catch reduction devices, etc.). Describe expected enforcement
time of such limitations.
II‐2.
Relationships.‐‐Please describe any contracts or other legal relationships your firm has with
processors of frozen warmwater shrimp.
II‐3.
Transfers to related firms.—Do you have any related firms that you transfer shipments to?
No
Yes‐‐ Please indicate the nature of the relationship between your firm and
the related firms (e.g., joint venture, wholly owned subsidiary),
whether the transfers were priced at market value or by a non‐market
formula, whether your firm retained marketing rights to all transfers,
and whether the related firms also processed inputs from sources
other than your firm.
II‐4.
Gulf oil spill.—Since January 1, 2013, has the Gulf Oil Spill affected your supply of warmwater
shrimp?
No
Yes‐‐ Please describe. Also, please indicate when you expect that supply will
come back to pre‐oil spill levels.
Business Proprietary
U.S. Farmers’/Fishermen’s Questionnaire ‐ Frozen Warmwater Shrimp
II‐5.
Page 8
Gulf oil spill.—Since January 1, 2013, has the Gulf Oil Spill affected demand for warmwater
shrimp?
No
Yes‐‐. Please describe. Also, please indicate when you expect that demand
will come back to pre‐oil spill levels.
II‐6.
Gulf oil spill clean up.—Since January 1, 2013, have your boats been used for the BP oil spill
clean up?
No
Yes—Please describe.
II‐7.
Natural disasters and/or diseases (supply).—Since January 1, 2013, have any other natural
disasters or diseases affected the supply of warmwater shrimp?
No
Yes—Please describe.
II‐8.
Natural disasters and/or diseases (demand).—Since January 1, 2013, have any other natural
disasters or diseases affected demand for warmwater shrimp?
No
Yes—Please describe.
Business Proprietary
U.S. Farmers’/Fishermen’s Questionnaire ‐ Frozen Warmwater Shrimp
Page 9
II‐9. Other factors (supply).—Since January 1, 2013, have any other factors affected supply for
warmwater shrimp?
No
Yes—Please describe.
II‐10. Other factors (demand).—Since January 1, 2013, have any other factors affected demand for
warmwater shrimp?
No
Yes—Please describe.
Business Proprietary
U.S. Farmers’/Fishermen’s Questionnaire ‐ Frozen Warmwater Shrimp
Page 10
PART III.‐‐FINANCIAL INFORMATION
Address questions on this part of the questionnaire to Mary Klir (202‐205‐3247, [email protected]).
III‐1.
Operations on warmwater shrimp (fresh or brine frozen).‐‐Report the revenue and related cost
information requested below on the warmwater shrimp and prawn operations of your U.S.
establishment(s).1 Provide data for the identified calendar‐year periods and for the specified
interim periods. Quantities reported should be headless, shell on, using the National Marine
Fisheries conversion factor of 0.629.
Quantity (in pounds) and value (in dollars)
Calendar years
Item
2013
2014
January-September
2015
2015
1
Net sales quantities
1
Net sales values
Operating expenses:
Corporation officers’ and partners’
salaries/bonuses
All other operating expenses
2
Operating income or (loss)
Other income and expenses.3-CDSOA receipts4
Payments received for oil spill
cleanup services5
0
0
0
0
0
0
0
0
0
0
All other expenses
Net income or (loss) before income
taxes
All other revenue
All additional post-operating
revenues
Gulf oil spill compensation from BP
1
2016
0
0
0
0
0
Include sales related to warmwater shrimp and prawn operations only.
2
Report total operating expenses related to warmwater shrimp and prawn operations only: labor (i.e., crew share), fuel and oil, groceries and
ice, fishing gear, taxes and licenses (other than federal and state income taxes), insurance, vessel repairs and maintenance (include labor costs
incurred specifically for maintenance and repairs), interest, depreciation, and all other expenses. Please list in order of importance the largest
costs included in this list:
3
Report all post operating revenues and expenses as positive numbers.
4
Payments received pursuant to the Continued Dumping and Subsidy Offset Act (CDSOA) of 2000.
5
Payments received for oil spill cleanup services should be net of relevant expenses not already included in “total operating expenses.”
Report receipts as positive numbers.
6
Please provide the number of days fished for each year and interim period -- 2013: 2014: 2015:
January-September 2015: January-September 2016:
Business Proprietary
U.S. Farmers’/Fishermen’s Questionnaire ‐ Frozen Warmwater Shrimp
Page 11
HOW TO FILE YOUR QUESTIONNAIRE RESPONSE
This questionnaire is available as a “fillable” form in MS Word format on the
Commission’s website at:
https://www.usitc.gov/investigations/701731/2016/frozen_warmwater_shrimp_brazil_
china_india/second_review_full.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: SHRIMP
• E‐mail.—E‐mail the MS Word questionnaire to [email protected]; include a scanned copy of
the signed certification page (page 1). Submitters are strongly encouraged to encrypt nonpublic
documents that are electronically transmitted to the Commission to protect your sensitive information
from unauthorized disclosure. The USITC secure drop‐box system and the Electronic Document
Information System (EDIS) use Federal Information Processing Standards (FIPS) 140‐2 cryptographic
algorithms to encrypt data in transit. Submitting your nonpublic documents by a means that does not
use these encryption algorithms (such as by email) may subject your firm’s nonpublic information to
unauthorized disclosure during transmission. If you choose a non‐encrypted method of electronic
transmission, the Commission warns you that the risk of such possible unauthorized disclosure is
assumed by you and not by the Commission.
If your firm does not produce 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, it is 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 - US fishermen--Shrimp (R2) |
Author | keysha.martinez |
File Modified | 2016-11-15 |
File Created | 2016-11-15 |