17-3-3710 U.S. Purchaser Questionnaire

OMB No. 3117-0016/USITC No. 17-3-3710; Expiration Date: 6/30/2020
(No response is required if currently valid OMB control number is not displayed)

LOST SALES AND LOST REVENUE SURVEY
Ripe Olives from Spain
This survey must be received by the Commission by July 6, 2017
See last page for filing instructions.
The information called for in this survey is for use by the United States International Trade Commission in connection
with its countervailing duty and antidumping investigations concerning ripe olives from Spain (Inv. Nos. 701-TA-582 and
731-TA-1377 (Preliminary)). The information requested in the survey 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 possession (19 U.S.C. § 1333(a)). Further information on this survey can
be obtained from Amelia Preece (202-205-3250, [email protected]).

Name of firm
Address
City

State

Zip Code

Website
Has your firm purchased ripe olives (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 survey to the Commission)

YES

(Complete all parts of the survey, and return the entire survey to the Commission)

Return questionnaire via the U.S. International Trade Commission Drop Box by clicking on the
following link: https://dropbox.usitc.gov/oinv/. (PIN: RIPE)
CERTIFICATION
I certify that the information herein supplied in this survey 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 submitting this certification
I also grant consent for the Commission, and its employees and contract personnel, to use the information provided in this survey
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
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

Signature

Phone

Email address

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GENERAL INFORMATION
Background.-- This proceeding was instituted in response to a petition instituted on June 22, 2017, by
the Coalition for Fair Trade in Ripe Olives, consisting of Bell-Carter Foods, Walnut Creek, CA, and Musco
Family Olive Company, Tracy, CA. 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 (“Commerce”) makes
an affirmative determination of subsidization and/or dumping. U.S. producers of ripe olives have
provided the USITC with allegations about sales or revenue that they have lost due to competition from
imports of ripe olives from Spain. One or more domestic producer(s) have named your firm in such an
allegation.
Ripe olives covered by these investigations are certain processed olives, usually referred to as "ripe
olives." The subject merchandise includes all colors of olives; all shapes and sizes of olives, whether
pitted or not pitted, and whether whole, sliced, chopped, minced, wedged, broken, or otherwise
reduced in size; all types of packaging, whether for consumer (retail) or institutional (food service) sale,
and whether canned or packaged in glass, metal, plastic, multi-layered airtight containers (including
pouches), or otherwise; and all manners of preparation and preservation, whether low acid or acidified,
stuffed or not stuffed, with or without flavoring and/or saline solution, and including in ambient,
refrigerated, or frozen conditions.
Included are all ripe olives processed in Spain, regardless of the origin of the olives or the location of
packaging. Excluded from the scope are: (1) "Spanish-style" and other similar olives that have been
processed by being both fermented and briefly cured in an alkaline solution; (2) olives that have been
processed by fermentation only; and (3) provisionally prepared olives unsuitable for immediate
consumption (currently classifiable in subheading 0711.20 of the Harmonized Tariff Schedule of the
United States (HTSUS)).
The merchandise subject to this petition is currently classifiable under statistical reporting numbers
2005.70.0230, 2005.70.0260, 2005.70.0430, 2005.70.0460, 2005.70.5030, 2005.70.5060, 2005.70.6020,
2005.70.6030, 2005.70.6050, 2005.70.6060, 2005.70.6070, 2005.70.7000, 2005.70.7510, 2005.70.7515,
2005.70.7520, and 2005.70.7525 HTSUS.
Subject merchandise may also be imported under statistical reporting numbers 2005.70.0600,
2005.70.0800, 2005.70.1200, 2005.70.1600, 2005.70.1800, 2005.70.2300, 2005.70.2510, 2005.70.2520,
2005.70.2530, 2005.70.2540, 2005.70.2550, 2005.70.2560, 2005.70.9100, 2005.70.9300, and
2005.70.9700.
The HTSUS provisions are 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.
Confidentiality.--The data furnished in response to this survey 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

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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.
Release of information.--The information provided by your firm in response to this survey, 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. Please also retain a copy of the final document that you submit.
Contact information.--Please identify the responsible individual and the manner by which Commission
staff may contact that individual regarding the confidential information submitted in this survey. This
may or may not be the person whose signature is at the bottom of page 1.
Name
Title
Email
Telephone

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PURCHASE INFORMATION
Purchases.--Report your firm’s total U.S. purchases of ripe olives. Please report separately for
your purchases from U.S. producers and importers, and your purchases for which your firm was
the importer of record.

II-1.

“Purchase” – A transaction to buy product from a U.S. corporate entity such as a U.S. producer,
a U.S. distributor, or a U.S. firm that has imported the product.
“Import” – A transaction to buy from a foreign supplier in which your firm is the importer of
record.
2013
Item

2014

2015

2016

Quantity (in short tons, drained weight)

Purchases of ripe olives produced in—
United States
Spain
All other countries1
Sources unknown
Total purchases

0

0

0

0

0

0

0

0

Imports of ripe olives from—
Spain
All other countries1
Total imports
1

Please identify these countries:

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2. Changes in purchasing patterns.--Please indicate how the shares of your firm’s purchases of ripe
olives from different sources have changed since January 1, 2013.
Source of purchases

Did not
purchase

Decreased Increased

Constant

Fluctuated

Explanation for trend

United States

Spain

All other countries

Sources unknown

3. Major purchasing factors.--Please list, in order of their importance, the main factors your firm
considers in deciding from whom to purchase ripe olives.
1.
2.
3.
Please list any other factors that are very important in your purchase decisions:

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4. Purchasing subject imports rather than domestic products.—
(a)

Since January 2013, did your firm purchase imports of ripe olives from Spain instead of
U.S.-produced ripe olives?
Source

Yes
(also respond to parts (b) and (c))

No
(If “No”, skip to next question)

Spain
(b)

If you responded “Yes” to part (a), was the imported product priced lower than the
domestic product?
Source

Yes

No

Spain
(c)

If you responded “Yes” to part (a), was price a primary reason for purchasing subject
imports rather than domestic product?

Source

Yes

If Yes, estimate the quantity
of imports purchased instead
of domestic product since
January 2013
(in short tons, drained
weight)

No

If No, please indicate the
reason your firm purchased
imports instead of domestic
product

Spain
5.

U.S. producers and import competition.—
(a)

Since January 1, 2013, in connection with a sale or offer to sell ripe olives to your firm,
did U.S. producers reduce their prices of domestically produced ripe olives in order to
compete with lower-priced imports of ripe olives from the subject countries?
Source
Spain

Yes (also respond to
question part (b))

No (If “No”, skip to next
question)

Don’t know

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Lost Sales and Lost Revenue Survey- Ripe olives
(b)

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If your firm responded “yes”, please provide an estimate of the reduction in U.S.
producers’ prices, and any additional explanations, such as timing (e.g., months/years),
frequency of price reductions, or other market/competitive factors.

Source
Spain

Estimated
reduction in U.S.
prices
(percent)

Additional explanation, including such information as
timing (e.g., months/years), frequency of price
reductions, or other market/competitive factors

%

6. Method of purchase--Please provide a general description of your firm’s method(s) of purchase
(e.g., individual purchase, contract, bids, Internet purchases, etc.) for ripe olives.

7. Other explanations--Please provide any additional comments in this box.

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OMB INFORMATION
8. OMB statistics.--Please report the actual number of hours required and the cost to your firm of
completing this survey.
Hours

Dollars

The questions in this survey 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 survey is estimated to average 4 hours per response,
including the time for reviewing instructions, gathering data, and completing and reviewing the
survey.
We welcome comments regarding the accuracy of this burden estimate, suggestions for reducing
the burden, and any suggestions for improving this survey. Please attach such comments to your
response or send to the Office of Investigations, USITC, 500 E St. SW, Washington, DC 20436.

HOW TO FILE YOUR SURVEY RESPONSE
Please do not attempt to modify the format or permissions of the survey document.
Please submit the completed survey using one of the methods noted below. If your firm
is unable to complete the MS Word survey 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 survey along with a scanned copy of the signed
certification page (page 1) through the Commission’s secure upload facility:
o
o
o

Web address: https://dropbox.usitc.gov/oinv/
Enter Investigation: Select “Ripe Olives from Spain” in the drop down menu
Pin: RIPE

• E-mail.—E-mail the MS Word survey 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 purchase this product, please fill out page 1, print, sign, and submit a scanned copy
to the Commission.