18-4-3859 Foreign producers' questionnaire

Information collections for import injury investigations (producers, importers, purchasers, and foreign producer questionnaires and institution notices for 5-year reviews)

FOR - LW Sacks (P) - Commission

Laminated woven sacks (LW sacks) from Vietnam (701-TA-601 and 731-TA-1411)

OMB: 3117-0016

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OMB No. 3117-0016/USITC No. 18-4-3859; Expiration Date: : 6/30/2020
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FOREIGN PRODUCERS’/EXPORTERS’ QUESTIONNAIRE
LAMINATED WOVEN SACKS FROM VIETNAM
This questionnaire must be received by the Commission by March 21, 2018
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 and antidumping duty investigations concerning laminated woven sacks from
Vietnam (Inv. Nos. 701-TA-601 and 731-TA-1411 (Preliminary)). 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 laminated woven sacks (as defined on next page) at any time since January
1, 2015?

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: SACK)
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 proceedings 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 – Laminated Woven Sacks

Page 2

PART I.—GENERAL INFORMATION
Background. -- This proceeding was instituted in response to a petition filed on March 7, 2018, by the
Laminated Woven Sacks Fair Trade Coalition, which is comprised of Polytex Fibers Corporation (Houston,
Texas) and ProAmpac, LLC (Cincinnati, Ohio). 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. Questionnaires
and other information pertinent to this proceeding are available at
https://www.usitc.gov/investigations/title_7/2018/laminated_woven_sacks_vietnam/preliminary.htm
laminated woven sacks covered by these investigations are bags consisting of one or more plies of
fabric consisting of woven polypropylene strip and/or woven polyethylene strip, regardless of the width
of the strip; with or without an extrusion coating of polypropylene and/or polyethylene on one or both
sides of the fabric; laminated by any method either to an exterior ply of plastic film such as biaxiallyoriented polypropylene (“BOPP”) or to an exterior ply of paper that is suitable for high-quality print
graphics (i.e., it has an ISO brightness of 82 or higher and a Sheffield Smoothness of 250 or less); printed;
displaying, containing, or comprising three or more colors, regardless of the type of printing process
used; with or without lining; whether finished or unfinished; whether or not closed on one end; whether
or not in roll form (including, but not limited to, sheets, lay-flat tubing, and sleeves); with or without
handles; with or without special closing features; not exceeding one kilogram in weight. Laminated
woven sacks subject to the scope are typically used for retail packaging of consumer goods such as pet
foods and bird seed. Laminated woven sacks produced in Vietnam are subject to the scope regardless of
the country of origin of the fabric used to make the sack.
Effective July 1, 2014, laminated woven sacks are classifiable under Harmonized Tariff Schedule of the
United States (“HTSUS”) subheading 6305.33.0040. If entered with plastic coating on both sides of the
fabric consisting of woven polypropylene strip and/or woven polyethylene strip, laminated woven sacks
may be classifiable under HTSUS subheadings 3923.21.0080, 3923.21.0095, and 3923.29.0000. If
entered not closed on one end or in roll form (including sheets, lay-flat tubing, and sleeves), laminated
woven sacks may be classifiable under other HTSUS subheadings, including 3917.39.0050, 3921.90.1100,
3921.90.1500, and 5903.90.2500. If the polypropylene strips and/or polyethylene strips making up the
fabric measure more than 5 millimeters in width, laminated woven sacks may be classifiable under other
HTSUS subheadings including 4601.99.0500, 4601.99.9000, and 4602.90.0000. Although HTSUS
subheadings 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.

Business Proprietary
Foreign Producers’ Questionnaire – Laminated Woven Sacks

Page 3

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.
Valid number error messages.--If you are completing this form in a country that uses periods (“.”) to
delineate multiples of 1000 (e.g., one million would appear as $1.000.000 rather than $1,000,000), you
may be unable to enter in numbers greater than 999 in numeric form fields. The solution to this data
entry issue is to temporarily change your operating system’s number formatting to be consistent with
the U.S. number formatting system while you complete this form. Detailed instructions on how to
resolve this issue is provided at the end of this questionnaire and is available upon request from Drew
Dushkes (202-205-3229, [email protected]).
I-1.

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.

Business Proprietary
Foreign Producers’ Questionnaire – Laminated Woven Sacks
I-2.

Page 4

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 Vietnam involved in the production or export of
laminated woven sacks, including auxiliary facilities operated in conjunction with (whether or
not physically separate from) such facilities. Firms operating more than one establishment in
Vietnam 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 laminated woven sacks in the United States or other countries?
No

I-4.

Related U.S. importers.--Does your firm or any related firm import or have any plans to import
laminated woven sacks 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
laminated woven sacks in 2017.

Importer’s name
1

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.

Contact person

Email

Telephone

Share of your
firm’s 2017 U.S.
exports (%)

Business Proprietary
Foreign Producers’ Questionnaire – Laminated Woven Sacks

Page 5

PART II.--TRADE AND RELATED INFORMATION
Further information on this part of the questionnaire can be obtained from Drew Dushkes (202-2053229, [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 laminated woven sacks since January 1, 2015.
(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 – Laminated Woven Sacks
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 laminated woven
sacks in the future?
No

II-4.

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 laminated woven sacks (in 1,000 sacks) for 2018
and 2019.

Units of quantity.-- Does your firm record quantities of laminated woven sacks by individual
sacks or by a weight measurement?
Individual
Sacks

Weight
Measurement If records are by weight, please report quantity data in this
questionnaire using the following conversion factor:
One short ton (907 kilograms) = 8,000 sacks

Business Proprietary
Foreign Producers’ Questionnaire – Laminated Woven Sacks
II-5a.

Page 7

Production using same machinery.-- Please report your firm’s production of products made on
the same equipment and machinery used to produce laminated woven sacks, 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 Vietnam, including production
consumed internally within your firm.
Quantity (in 1,000 sacks)
Calendar years
Item

2015

2016

2017

Overall production capacity
Production of:
Laminated woven sacks 1
Other products
Total

0

0

0

0

0

0

2

1

Data entered for production of laminated woven sacks will populate here once reported in question
II-10.
2
Please identify these products:
.

II-5b.

Operating parameters.--The production capacity reported in II-5a is based on operating
per week,
weeks per year.

II-5c.

Capacity calculation.--Please describe the methodology used to calculate overall production
capacity reported in II-5a, and explain any changes in reported capacity.

II-5d.

Production constraints.--Please describe the constraint(s) that set the limit(s) on your firm’s
production capacity.

hours

Business Proprietary
Foreign Producers’ Questionnaire – Laminated Woven Sacks
II-5e.

Page 8

Product shifting.—
(i).

Is your firm able to switch production (capacity) between laminated woven sacks 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-6.

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

II-7.

Firm's estimated share of production in Vietnam.--Please estimate the percentage of total
production of laminated woven sacks in Vietnam accounted for by your firm’s production in 2017.
percent.

II-8.

Firm's estimated share of country's exports.--Please estimate the percentage of total exports to
the United States of laminated woven sacks from Vietnam accounted for by your firm’s exports
in 2017.
percent.

II-9.

Third country trade actions.--Are the laminated woven sacks 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 – Laminated Woven Sacks
II-10.

Page 9

Trade data.--Report your firm’s production capacity, production, shipments, and inventories
related to the production of laminated woven sacks in your establishment(s) in Vietnam during
the specified periods. Do not include resales of laminated woven sacks that your firm did not
produce in this question; 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.
“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 Vietnam, including production
consumed internally within your firm.
“Shipments”--Shipments of products produced in your establishment(s) in Vietnam. Quantities
reported should be net of returns.
“Home market commercial shipments”--Shipments, other than internal consumption and
transfers to related firms, within Vietnam.
“Home market internal consumption/transfers to related firms”--Shipments made to
related firms in Vietnam, including product consumed internally by your firm.
“Export shipments”--Shipments to destinations outstide of the country indicacted on page 1
(Vietnam), 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 – Laminated Woven Sacks
II-10.

Page 10

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

Actual experience
Calendar year
Item

2015

2016

2017

2018

2019

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

.

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

2015

2016

2017

2018

2019

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

Business Proprietary
Foreign Producers’ Questionnaire – Laminated Woven Sacks
II-11.

Page 11

Exports to the United States not produced by your firm.--Report your firm’s exports to the
United States of laminated woven sacks that was produced in Vietnam but not by your firm
during the specified periods. Note these data should not be included in question II-10.
Quantity (in 1,000 sacks)
Actual experience

Projections

Calendar year
Item

2015

2016

2017

2018

2019

Exports of laminated woven
sacks to the United States not
produced by your firm1
1

List the producer(s).

II-12.

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 – Laminated Woven Sacks

Page 12

Correcting Valid number error messages.--If you are completing a Commission

questionnaire in a country that uses periods (“.”) to delineate multiples of 1000 (e.g., one million would
appear as $1.000.000 instead of as $1,000,000), you may be unable to enter in numbers greater than
999 in numeric form fields. This issues stem from your computer number formatting setting (e.g., not
the MS Word document itself, but the computer from which you are opening up the document). In the
United States commas (,) delineate multiples of 1000 and periods (.) delineate fractions less than
one. Many EU countries use the reverse where multiples of 1000 are delineated with periods (.) and
fractions less than one are delineated with commas (,). The US International Trade Commission’s
questionnaires are set-up in the United States with the U.S. number formatting. When this formatting
interacts with a computer set to EU number formatting, we believe this may cause this issue.
The solution to this data entry issue is to temporarily change your operating system’s number
formatting to be consistent with the U.S. number formatting system while you complete the
questionnaire.
To temporarily change your computer’s number settings to U.S. settings, please do the following (for
Microsoft Windows Operating system):
•
•
•
•
•

START
Control Panel
Region and Language (under Clock, Language, and Region category)
Format tab
Change the Format from your existing one (e.g. “Italian (Italy)”) to “English (United States)” (see
screen shots below)

When you do this the number “twelve million dollars and thirty five cents” would change from
$12.000.000,35 (Italy format) to $12,000,000.35 (U.S. format), and then there will be no conflict with
the USITC foreign producer questionnaire form. When you finish reporting the data then you can close
the questionnaire and switch back to Italy settings.

Business Proprietary
Foreign Producers’ Questionnaire – Laminated Woven Sacks

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:
https://www.usitc.gov/investigations/title_7/2018/laminated_woven_sacks_vietnam/p
reliminary.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: SACK

• 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.


File Typeapplication/pdf
File TitleForeign producer questionnaire
SubjectTitle 7 investigations
AuthorDushkes, Andrew
File Modified2018-03-08
File Created2018-03-08

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