16-4-3615 U.S. Foreign Producers'/Exporters' Questionnaire

OMB No. 3117-0016/USITC No. 16-4-3615; Expiration Date: 6/30/2017
(No response is required if currently valid OMB control number is not displayed)

FOREIGN PRODUCERS’/EXPORTERS’ QUESTIONNAIRE
1-HYDROXYETHYLIDENE-1, 1-DIPHOSPHONIC ACID FROM CHINA
This questionnaire must be received by the Commission by JANUARY 17, 2017
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 1-hydroxyethylidene-1,
1-diphosphonic acid (“HEDP”) from China (Inv. Nos. 701-TA-558 and 731-TA-1316 (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 HEDP (as defined on 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: HEDP)
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, the undersigned, acknowledge that information submitted in response to this request for information and throughout this
proceeding 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
Foreign Producers’ Questionnaire – HEDP

Page 2

PART I.—GENERAL INFORMATION
Background.--This proceeding was instituted in response to a petition filed on March 31, 2016, by
Compass Chemical International LLC, Smyrna, GA. 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 dumping. Questionnaires and other information
pertinent to this proceeding are available at:
http://www.usitc.gov/investigations/701731/2016/1_hydroxyethylidene_1_1_diphosphonic_acid_china
/final.htm.
HEDP .—The products covered by these investigations include all grades of aqueous, acidic (non–
neutralized) concentrations of 1–hydroxyethylidene–1,1–diphosphonic acid (“HEDP”), also referred to as
hydroxethlylidenendiphosphonic acid, hydroxyethanediphosphonic acid, acetodiphosphonic acid, and
etidronic acid. The CAS (Chemical Abstract Service) registry number for HEDP is 2809–21–4.
The merchandise subject to this investigation is currently classified in the Harmonized Tariff Schedule of
the United States (HTSUS) at subheading 2931.90.90. Merchandise covered by the scope may also be
imported under HTSUS subheadings 2811.19.6090, 2931.00.9043, 2931.90.9041, and 2931.90.9047.
While HTSUS subheadings are provided for convenience and customs purposes only, the written
description of the scope of this 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 – HEDP
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 involved in the production or export of HEDP,
including auxiliary facilities operated in conjunction with (whether or not physically separate
from) such facilities. Firms operating more than one establishment in China should combine the
data for all establishments into a single report.

I-3.

Related producers.--Does your firm or any related firm produce, have the capability to produce,
or have any plans to produce HEDP 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 – HEDP
I-4.

Related U.S. importers.--Does your firm or any related firm import or have any plans to import
HEDP 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 HEDP
in 2016.

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
2016 U.S.
exports
(%)

Business Proprietary
Foreign Producers’ Questionnaire – HEDP

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PART II.--TRADE AND RELATED INFORMATION
Further information on this part of the questionnaire can be obtained from Edward Petronzio (202-2053176, [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 HEDP since January 1, 2014.
(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)

(If checked, please describe; leave blank if not applicable)

Business Proprietary
Foreign Producers’ Questionnaire – HEDP
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 HEDP in the future?
No

II-4a.

Page 6

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 HEDP (in pounds) for 2017 and 2018.

Production using same machinery.-- Please report your firm’s production of products made on
the same equipment and machinery used to produce HEDP, 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 China, including production consumed
internally within your firm.
Quantity (in pounds)
Calendar years
Item

2014

2015

2016

Overall production capacity
Production of:
HEDP 1

0

0

0

0

0

0

Other products (not
including by-products and/or
co-products)2
Total
1
2

II-4b.

Data entered for production of HEDP will populate here once reported in question II-12.
Please identify these products:
.

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

hours

Business Proprietary
Foreign Producers’ Questionnaire – HEDP

Page 7

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

(ii).

II-5.

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.

Manufacture of by-products and/or co-products.—
(i)

Please identify any by-products and/or co-products your firm manufacturers from your
HEDP manufacturing operations.

(ii)

Please explain your basis for regarding such products as by-products and/or co-products and
whether your firm is able to control the quantity of manufacture of the by-products and/or
co-products.

Business Proprietary
Foreign Producers’ Questionnaire – HEDP
II-6.

Page 8

Grades of HEDP.-(i)

Is your firm capable of manufacturing HEDP of any grade?
No

(ii)

Yes—Please identify these grades of HEDP:

Please describe what additional measures and/or costs are associated with the
manufacture of other grades of HEDP.

II-7.

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

II-8.

Firm's estimated share of production in China.--Please estimate the percentage of total production
of HEDP in the country specified on the certification page accounted for by your firm’s production in
2016.
percent.

II-9.

Firm's estimated share of country's exports.--Please estimate the percentage of total exports to
the United States of HEDP from the country specified on the certification page accounted for by
your firm’s exports in 2016.
percent.

II-10.

Inventories in the United States.--Has your firm, since 2014, maintained any inventories of
HEDP 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 pounds)
Calendar year
Item

2014

2015

2016

Inventory
II-11.

Third country trade actions.--Is the HEDP 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 – HEDP
II-12.

Page 9

Trade data.--Report your firm’s production capacity, production, shipments, and inventories
related to the production of HEDP in your establishment(s) in China during the specified periods.
Do not include resales of ferrovanadium that your firm did not produce; those data to the degree
they are exported to the United States should only be reported in question II-11.

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 China, including production consumed
internally within your firm.
“Shipments”--Shipments of products produced in your establishment(s) in China. Quantities
reported should be net of returns.
“Home market commercial shipments”--Shipments, other than internal consumption and
transfers to related firms, within China.
“Home market internal consumption/transfers to related firms”--Shipments made to
related firms in China, including product consumed internally by your firm.
“Export shipments”--Shipments to destinations outstide of the country indicacted on page 1
(China), 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 – HEDP
II-12.

Page 10

Trade data--Continued.
Quantity (in pounds)
Projections1

Actual experience
Calendar year
Item

2014

2015

2016

2017

2018

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 all other markets3 (G)
Total exports (H)
(should equal F+G)

0

0

0

0

0

Total shipments (I)
(should equal D+E+F+G)

0

0

0

0

0

End-of-period inventories (J)
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 – HEDP
II-12.

Page 11

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.
Actual experience

Projections

Calendar year
Item

2014

2015

2016

2017

2018

B + C – D – E – F –G – J = should equal zero
("0") or provide an explanation.1
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-13.

Exports to the United States not produced by your firm.--Report your firm’s exports to the
United States of HEDP that was produced in China but not by your firm during the specified
periods.

Item
Exports to the United States
not produced by your firm1
1
List the producer(s):

II-14.

0

Quantity (in pounds)
Actual experience
Calendar year
2014
2015

2016

Projections1
Calendar year
2017
2018

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 – HEDP

Page 12

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/701731/2016/1_hydroxyethylidene_1_1_diphosph
onic_acid_china/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: HEDP

• E-mail.—E-mail your 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 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.