18-3-3986 US purchasers' questionnaire

OMB No. 3117-0016/USITC No. 18-3-3986; Expiration Date: 6/30/2020
(No response is required if currently valid OMB control number is not displayed)

LOST SALES AND LOST REVENUE SURVEY
MAGNESIUM FROM ISRAEL
This survey must be received by the Commission by November 7, 2018
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 magnesium from Israel (Inv. Nos. 701-TA-614
and 731-TA-1431 (Preliminary)). 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)). Further
information on this survey can be obtained from Lauren Gamache ([email protected], 202-205-3489).
Name of firm
Address
City

State

Zip Code

Website
Has your firm purchased magnesium (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 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: MAGN)
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 filed on October 24, 2018, by US
Magnesium LLC. 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 (“Commerce”) makes an affirmative
determination of subsidization and dumping. U.S. producers of magnesium have provided the USITC
with allegations about sales or revenue that they have lost due to competition from imports of
magnesium from Israel. One or more domestic producer(s) have named your firm in such an allegation.
Questionnaires and other information pertinent to this proceeding are available at
https://www.usitc.gov/investigations/701731/2018/magnesium_israel/preliminary.htm.
Magnesium covered by these investigation are primary and secondary pure and alloy magnesium metal,
regardless of chemistry, raw material source, form, shape, or size. Magnesium is a metal or alloy
containing by weight primarily the element magnesium. Primary magnesium is produced by
decomposing raw materials into magnesium metal. Secondary magnesium is produced by recycling
magnesium-based scrap into magnesium metal. The magnesium covered by this investigation also
includes blends of primary magnesium, scrap, and secondary magnesium.
The subject merchandise includes the following pure and alloy magnesium metal products made from
primary and/or secondary magnesium, including, without limitation, magnesium cast into ingots, slabs,
t-bars, rounds, sows, billets, and other shapes, and magnesium ground, chipped, crushed, or machined
into raspings, granules, turnings, chips, powder, briquettes, and other shapes: (1) products that contain
at least 99.95 percent magnesium, by weight (generally referred to as “ultra-pure” or “high purity”
magnesium); (2) products that contain less than 99.95 percent but not less than 99.8 percent
magnesium, by weight (generally referred to as “pure” magnesium); and (3) chemical combinations of
magnesium and other material(s) in which the magnesium content is 50 percent or greater, but less
than 99.8 percent, by weight, whether or not conforming to an “ASTM Specification for Magnesium
Alloy.”
The scope of this investigation excludes: (1) magnesium that is in liquid or molten form; and (2) mixtures
containing 90 percent or less magnesium in granular or powder form by weight and one or more of
certain non-magnesium granular materials to make magnesium-based reagent mixtures, including lime,
calcium metal, calcium silicon, calcium carbide, calcium carbonate, carbon, slag coagulants, fluorspar,
nephaline syenite, feldspar, alumina (A1203), calcium aluminate, soda ash, hydrocarbons, graphite,
coke, silicon, rare earth metals/mischmetal, cryolite, silica/fly ash, magnesium oxide, periclase,
ferroalloys, dolomite lime, and colemanite.
Magnesium is currently imported under statistical reporting numbers 8104.11.00, 8104.19.00, and
8104.30.00 of the Harmonized Tariff Schedule of the United States (HTSUS). 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

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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.
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
Firms operating more than one establishment should combine the data for all establishments into a
single response.

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PURCHASE INFORMATION
Purchases and imports.— Report separately your firm’s domestic purchases and imports of
magnesium.

1.

“Purchase” – Purchase from a U.S. entity such as a U.S. producer, a U.S. importer, or other U.S.
firm.
“Import” – Purchase directly from a foreign supplier and your firm is the importer of record.
2015
Item

2016

2017

Jan-Sept 2018

Quantity (in metric tons)

Purchases of magnesium produced
in—
United States
Israel
All other countries1
Sources unknown
Total purchases

0

0

0

0

0

0

Imports of magnesium from—
Israel
All other countries1
Total imports2

Please identify these countries:
If your firm imported magnesium at any time since January 1, 2015, please also
complete and return a U.S. importers' questionnaire in this proceeding.
1

2

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2. Changes in purchasing patterns.—Please indicate how the shares of your firm’s purchases of
magnesium from different sources have changed since January 1, 2015.
Source of Did not
purchases purchase Decreased Increased Constant Fluctuated

Explanation for trend

United
States
Israel
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 magnesium.
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 2015, did your firm purchase imports of magnesium from Israel instead of
U.S.-produced magnesium?
Source

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

No

Israel
(b)

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

Yes

No

Israel
(c)

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

Source

Israel

Yes

If Yes, estimate the quantity
of imports purchased instead
of domestic product since
January 2015
(in metric tons)

No

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

Business Proprietary
Lost Sales and Lost Revenue Survey- Magnesium
5.

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

Since January 1, 2015, in connection with a sale or offer to sell magnesium to your firm,
did U.S. producers reduce their prices of domestically produced magnesium in order to
compete with lower-priced imports of magnesium from the subject countries?
Source

Yes (also respond to
part (b))

No

Don’t know

Israel
(b)

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
Israel

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 magnesium.

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 “Magnesium from Israel” in the drop down menu
Pin: MAGN

• 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.