19-2-4066 US importers' questionnaire

OMB No. 3117-0016/USITC No. INV-19-1-4066; Expiration Date: 6/30/2020
(No response is required if currently valid OMB control number is not displayed)

U.S. IMPORTERS’ QUESTIONNAIRE
FRESH TOMATOES FROM MEXICO
This questionnaire must be received by the Commission by July 15, 2019
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 antidumping duty investigation concerning fresh tomatoes from Mexico (Inv. No. 731-TA-747 (Final)).
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 imported fresh tomatoes (as defined on next page) from any country at any time since January 1,
2016?

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 U.S. International Trade Commission Drop Box by clicking on the
following link: https://dropbox.usitc.gov/oinv/. (PIN: FRESH)
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

Signature

Title of Authorized Official

Phone

Date

Email address

Business Proprietary
U.S. Importers’ Questionnaire – Fresh Tomatoes (Final)

Page 2

PART I.—GENERAL INFORMATION
Background.-- On April 1, 1996, the Commission instituted a preliminary antidumping investigation in
response to a petition filed by the Florida Tomato Growers Exchange, Orlando, FL; Florida Fruit and
Vegetable Association, Orlando, FL; Florida Farm Bureau Federation, Gainesville, FL; South Carolina
Tomato Association, Inc., Charleston, SC; Gadsden County Tomato Growers Association, Inc., Quincy, FL;
Accomack County Farm Bureau, Accomack, VA; Florida Tomato Exchange, Orlando, FL; Bob Crawford,
Commissioner of Agriculture, Florida Department of Agriculture and Consumer Services, Tallahassee, FL;
and the Ad Hoc Group of Florida, California, Georgia, Pennsylvania, South Carolina, Tennessee, and
Virginia Tomato Growers (61 FR 15968, April 10, 1996). On May 16, 1996, the Commission notified the
Department of Commerce (“Commerce”) of its affirmative preliminary injury determination. On October
28, 1996, Commerce preliminarily determined that imports of fresh tomatoes from Mexico were being
sold at less than fair value in the United States.
On November 1, 1996, Commerce suspended the investigation pursuant to a suspension
agreement with growers and processors that accounted for substantially all imports of fresh tomatoes
from Mexico. A suspension agreement has been terminated and renegotiated three times previously.
The most recent agreement was terminated on May 7, 2019, and on that date, Commerce resumed its
investigation. Accordingly, the Commission is resuming the final phase of its antidumping duty
investigation on fresh tomatoes from Mexico.
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
Commerce makes an affirmative determination of dumping. Questionnaires and other information
pertinent to this proceeding are available at
https://www.usitc.gov/investigations/701731/2019/fresh_tomatoes_mexico/final.htm
Fresh tomatoes covered by this investigation are all fresh or chilled tomatoes (fresh tomatoes) which
have Mexico as their origin, except for those tomatoes which are for processing. Processing is defined to
include preserving by any commercial process, such as canning, dehydrating, drying, or the addition of
chemical substances, or converting the tomato product into juices, sauces, or purees. Fresh tomatoes
that are imported for cutting up, not further processing (e.g., tomatoes used in the preparation of fresh
salsa or salad bars), are covered by the investigation.
Commercially grown tomatoes, both for the fresh market and for processing, are classified as
Lycopersicon esculentum. Important commercial varieties of fresh tomatoes include common round,
cherry, grape, plum, greenhouse, and pear tomatoes, all of which are covered by this investigation.
Tomatoes imported from Mexico covered by this investigation are classified under the following
subheading of the Harmonized Tariff Schedule of the United States (HTSUS), according to the season of
importation: 0702. Although the HTSUS numbers are provided for convenience and customs purposes,
the written description of the scope of this investigation is dispositive.
Importer.--Any person or firm engaged, either directly or through a parent company or subsidiary, in
importing fresh tomatoes (as defined above) into the United States from a foreign manufacturer or
through its selling agent.
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,
and/or purchaser questionnaire), you need not respond to duplicated questions.

Business Proprietary
U.S. Importers’ Questionnaire – Fresh Tomatoes (Final)

Page 3

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.
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
Christopher W. Robinson (202-205-2542, [email protected]).
D-GRIDS tool.--The Commission has a tool that firms can use to move data from their own MS Excel
compilation files into self-contained data tables within this MS Word questionnaire, thereby reducing
the amount of cell-by-cell data entry that would be required to complete this form. This tool is a macroenabled MS Excel file available for download from the Commission's generic questionnaires webpage
(https://www.usitc.gov/trade_remedy/question.htm) called the "D-GRIDs tool." Use of this tool to help
your firm complete this questionnaire is optional. Firms opting to use the D-GRIDs tool to populate their
data into this questionnaire will need the D-GRIDs specification sheet PDF file specific to this proceeding
(available on the case page which is linked under the "Background" above) which includes the necessary
references relating to this questionnaire, as well as the macro-enable MS Excel D-GRIDs tool itself from
the generic questionnaires page. More detailed instructions on how to use the D-GRIDs tool are
available within the D-GRIDs tool itself.

Business Proprietary
U.S. Importers’ Questionnaire – Fresh Tomatoes (Final)
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 40
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 involved in the importation of fresh tomatoes, including
auxiliary facilities operated in conjunction with (whether or not physically separate from) such
facilities.

Business Proprietary
U.S. Importers’ Questionnaire – Fresh Tomatoes (Final)
I-3.

Ownership.--Is your firm owned, in whole or in part, by any other firm?
No

Firm name

I-4.

Page 5

Yes--List the following information

Address

Extent of
ownership
(percent)

Related importers/exporters.--Does your firm have any related firms, either domestic or
foreign, that are engaged in importing fresh tomatoes from Mexico into the United States or
that are engaged in exporting fresh tomatoes from Mexico to the United States?
No
Firm name

Yes--List the following information.
Country

Affiliation

Business Proprietary
U.S. Importers’ Questionnaire – Fresh Tomatoes (Final)
I-5.

Related producers.--Does your firm have any related firms, either domestic or foreign, that are
engaged in the production of fresh tomatoes?
No

Yes--List the following information.

Firm name

I-6.

Country

Affiliation

Importing operations.--Please indicate the nature of your firm’s importing operations on fresh
tomatoes. More than one answer may be applicable.
Importer of record

I-7.

Page 6

Takes title to the
imported product(s)

Consignee of the
imported products(s)

Customs broker or
freight forwarder

Consignee.--If your firm is an importer of record of fresh tomatoes but is not the consignee,
please list the consignees below (firm name, address, telephone number, and individual to
contact).

Firm name

Address

Contact person
and phone
number

Business Proprietary
U.S. Importers’ Questionnaire – Fresh Tomatoes (Final)
I-8.

Page 7

FTZ, TIB, or bonded warehouses.--Please indicate whether your firm enters fresh tomatoes into,
or withdraws such merchandise from, foreign trade zones or bonded warehouses. Also indicate
whether your firm imports fresh tomatoes under the TIB (temporary importation under bond)
program.
“Foreign trade zone” is a designated location in the United States where firms utilize special
procedures that allow delayed or reduced customs duty payments on foreign merchandise, as
well as other savings. A foreign trade zone must be designated as such pursuant to the rules
and procedures set forth in the Foreign-Trade Zones Act.
“Bonded warehouse” is a secured facility supervised by U.S. customs, where dutiable landed
imports are stored pending their re-export, or release after payment of import duties, taxes, and
other charges. A bonded warehouse must be designed as such pursuant to the rules and
procedures set forth in 19 U.S.C. § 1555.
“Temporary Importation under Bond (“TIB”) program” is a procedure whereby imported
merchandise may be entered under certain conditions for a limited time into the United States
free of duty. Under the program, an importer posts a bond for twice the amount of duty, taxes,
etc. that would otherwise be owed on the importation and agrees to export or destroy the
merchandise within a specified time or pay liquidated damages. This program is restricted to
certain categories of merchandise listed in subheadings 9813.00.05 through 9813.00.75 of the
Harmonized Tariff Schedule of the United States (HTS).
Item

No

Yes

Foreign trade zones
Bonded warehouses
Temporary importation under bond

I-9.

Other trade actions.--To your knowledge, have the products subject to this proceeding been the
subject of any other import relief proceedings in the United States or in any other countries?
No

Yes

If yes, please specify.

Business Proprietary
U.S. Importers’ Questionnaire – Fresh Tomatoes (Final)

Page 8

PART II.--TRADE AND RELATED INFORMATION
Further information on this part of the questionnaire can be obtained from Christopher W. Robinson
(202-205-2542, [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

II-2.

Changes in operations.--Please indicate whether your firm has experienced any of the following
changes in relation to the importation of fresh tomatoes since January 1, 2016.
(check as many as appropriate)
Office/warehouse openings
Office/warehouse closings
Relocations
Expansions
Acquisitions
Consolidations
Prolonged shutdowns or
importation curtailments
Revised labor agreements
Weather-related events
Other (e.g., technology)

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

Business Proprietary
U.S. Importers’ Questionnaire – Fresh Tomatoes (Final)
II-3.

Page 9

Arranged imports.--Has your firm imported or arranged for the importation of fresh tomatoes
for delivery after March 31, 2019?
“Arranged imports” are imports for which your firm has placed an order with a foreign supplier
for subject merchandise, but delivery of those imports is not scheduled to occur until after the
date listed above.
No

Yes

If yes, fill out the table below.

Period
Source

Apr-Jun 2019

Jul-Sept 2019

Oct-Dec 2019

Jan-Mar 2020

Quantity (in pounds)
Mexico
All other sources
II-4.

Reasons for importing if producer.--If your firm also produces fresh tomatoes in the United
States, please indicate the reasons for importing this product. If your firm’s reasons differ by
source, please elaborate.

Business Proprietary
U.S. Importers’ Questionnaire – Fresh Tomatoes (Final)

Page 10

Definitions
“Greenhouse and controlled-environment tomatoes,” for purposes of this questionnaire, are
defined as tomatoes grown in a fully-enclosed permanent aluminum or fixed steel structure clad
in glass, impermeable plastic, or polycarbonate using automated irrigation and climate control,
including heating and ventilation capabilities, in an artificial medium using hydroponic methods.
“Open field and adapted-environment tomatoes,” for purposes of this questionnaire, are
defined as tomatoes other than tomatoes grown in greenhouses and controlled environments,
including, but not limited to, tomatoes grown in protected agricultural structures, including
tunnels, shade houses, and other temporary or permanent structures, except for those grown in
greenhouses and controlled environments, as defined above.
“Imports” –Those products identified for Customs purposes as imports for consumption for
which your firm was the importer of record (i.e., was responsible for paying any import duty) or
consignee (i.e., to which the merchandise was first delivered).
“Import quantities” –Quantities reported should be net of returns.
“Import values”—Values reported should be landed, duty-paid values at the U.S. port of entry,
including ocean freight and insurance costs, brokerage charges, and import duties (i.e., all
charges except inland freight in the United States).
“U.S. commercial shipments”— Shipments made within the United States as a result of an arm’s
length commercial transaction in the ordinary course of business. Report net values (i.e., gross
sales values less all discounts, allowances, rebates, prepaid freight, and the value of returned
goods) in U.S. dollars, f.o.b. your point of shipment.
“Internal consumption” –Product consumed internally by your firm. Such transactions are
valued at fair market value.
“Transfers to related firms” –Shipments made to related firms. Such transactions are valued at
fair market value.
“Related firm” –A firm that your firm solely or jointly owned, managed, or otherwise controlled;
a firm that solely or jointly owned, managed, or otherwise controlled your firm; and/or a firm
that was solely or jointly owned, managed, or otherwise controlled by a firm that also solely or
jointly owned, managed, or otherwise controlled your firm.
“Export shipments”— Shipments to destinations outside the United States, 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
U.S. Importers’ Questionnaire – Fresh Tomatoes (Final)
II-5a.

Page 11

U.S. imports from Mexico.–Report your firm’s imports and your firm’s shipments and
inventories of fresh tomatoes imported from Mexico by your firm during the specified periods.

Mexico

Quantity (in pounds), Value (in dollars)
Calendar years
Item

2016

2017

January-March
2018

2018

2019

Beginning-of-period inventories
(quantity) (A)
Imports:1
Quantity (B)
Value (C)
U.S. shipments:
Commercial shipments:
Quantity (D)
Value (E)
Internal consumption:2
Quantity (F)
Value2 (G)
Transfers to related firms:2
Quantity (H)
Value2 (I)
Export shipments:3
Quantity (J)
Value (K)
End-of-period inventories
(quantity) (L)
Please identify the foreign producers, if known:
.
Internal consumption and transfers to related firms must be valued at fair market value. If your firm uses a
different basis for valuing these transactions in your records, please specify that basis (e.g., cost, cost plus, etc.):
. However, the data provided above in this table should be based on fair market value.
3
Identify your firm’s principal export markets:
.
1
2

RECONCILIATION OF SHIPMENTS, IMPORTS, AND INVENTORIES.--Generally, the data reported for the
end-of-period inventories (i.e., line L) should be equal to the beginning-of-period inventories (i.e., line
A), plus imports (i.e., line B), less total shipments (i.e., lines D, F, H, and J). 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.
Calendar years
Reconciliation
A + B - D - F - H - J - L = should equal
zero ("0") or provide an explanation.1

2016

2017
0

January-March
2018

0

2018
0

2019
0

Explanation if the calculated fields above are returning values other than zero (i.e., “0”) but are
nonetheless accurate:
.
1

0

Business Proprietary
U.S. Importers’ Questionnaire – Fresh Tomatoes (Final)
II-5b.

Page 12

Channels of distribution: Mexico.--Report your firm’s U.S. shipments (i.e., inclusive of
commercial U.S. shipments, internal consumption, and transfers to related firms) of imports
from Mexico by channel of distribution.

Mexico
Quantity (in pounds)
Calendar years
Channels of distribution

2016

2017

January-March
2018

2018

2019

U.S. shipments to.-Packers / re-packers (M)
Distributors, brokers, handlers (N)
Supermarket and grocery chains (O)
Food service providers (P)
Other end users1 (Q)
1

Describe:

.

RECONCILIATION OF CHANNELS.--Please ensure that the quantities reported for channels of distribution
(i.e., lines M through Q) in each time period equal the quantity reported for U.S. shipments (i.e., line D, F,
H) in each time period. If the calculated fields below return values other than zero (i.e., “0”), the data
reported must be revised prior to submission to the Commission.
Calendar years
Reconciliation
M + N + O + P + Q - D - F - H = zero
("0"), if not revise.

2016

2017
0

January-March
2018

0

2018
0

2019
0

0

Business Proprietary
U.S. Importers’ Questionnaire – Fresh Tomatoes (Final)

Page 13

U.S. shipments by tomato variety: Open field/adapted-environment.--Please report your firm’s
U.S. shipments (i.e., inclusive of commerical U.S. shipments, internal consumption, and transfers to
related firms) of open field or adapated-environment fresh tomatoes imported from Mexcio by
tomato variety in the specified periods.

II-5c.

Mexico: Open Field/Adapted Environment
Calendar Year
U.S. shipments

2016

2017

January-March
2018

2018

2019

Open field and adaptedenvironments
Round
Quantity (R)
Value (S)
Plum/Roma
Quantity (T)
Value (U)
Cherry/grape
Quantity (V)
Value (W)
Other1
Quantity (X)
Value (Y)
Total.-Quantity

0

0

0

0

0

Value

0

0

0

0

0

1

Please list in order of importance the other tomato varieties shipped by your firm for sale:

.

Business Proprietary
U.S. Importers’ Questionnaire – Fresh Tomatoes (Final)
II-5d.

Page 14

U.S. shipments by tomato variety: Greenhouse/controlled-environment.--Please report your
firm’s U.S. shipments (i.e., inclusive of commerical U.S. shipments, internal consumption, and
transfers to related firms) of greenhouse or controlled environment fresh tomatoes imported
from Mexico by tomato variety in the specified periods.

Mexico: Greenhouse/Controlled Environment
Quantity (in pounds) and Value (in dollars)
Calendar Year
U.S. shipments

2016

2017

January-March
2018

2018

2019

Greenhouse and controlledenvironment
Round
Quantity (Z)
Value (AA)
Plum/Roma
Quantity (AB)
Value (AC)
Cherry/grape
Quantity (AD)
Value (AE)
Other1
Quantity (AF)
Value (AG)
Total.-Quantity

0

0

0

0

0

Value

0

0

0

0

0

1

Please list in order of importance the other tomato varieties shipped by your firm for sale:

.

RECONCILIATION OF SHIPMENTS, BY VARIETY AND GROWING METHOD.--The quantity and value
reported for U.S. shipments in parts "c" and "d" of this question (i.e., lines T through AI) should be equal
to U.S. shipments as reported in part "a" (i.e., lines F through K). If the calculated fields below return
values other than zero (i.e., “0”), the data reported must be revised prior to submission to the
Commission.
Calendar years

Reconciliation

2016

2017

January-March
2018

2018

2019

R + T +V + X + Z + AB + AD + AF - D
- F - H = should equal zero ("0") or
provide an explanation.1

0

0

0

0

0

S + U + W + Y + AA + AC + AE + AG
- E - G - I = should equal zero ("0")
or provide an explanation.1

0

0

0

0

0

Explanation if the calculated fields above are returning values other than zero (i.e., “0”) but are nonetheless
accurate:
.
1

Business Proprietary
U.S. Importers’ Questionnaire – Fresh Tomatoes (Final)
II-6a.

Page 15

Imports from all other sources.–Report your firm’s imports and your firm’s shipments and
inventories of fresh tomatoes imported from all other sources (i.e., sources other than Mexico)
by your firm during the specified periods.

(list sources:

All other sources
)
Quantity (in pounds), value (in $1,000)
Calendar years

Item

2016

2017

January-March
2018

2018

2019

Beginning-of-period
inventories (quantity) (A)
Imports:1
Quantity (B)
Value (C)
U.S. shipments:
Commercial shipments:
Quantity (D)
Value (E)
Internal consumption:2
Quantity (F)
Value2 (G)
Transfers to related
firms:2
Quantity (H)
Value2 (I)
Export shipments:3
Quantity (J)
Value (K)
End-of-period inventories
(quantity) (L)
Please identify the foreign producers, if known:
.
Internal consumption and transfers to related firms must be valued at fair market value. If your firm uses a
different basis for valuing these transactions in your records, please specify that basis (e.g., cost, cost plus, etc.):
. However, the data provided above in this table should be based on fair market value.
3
Identify your firm’s principal export markets:
.
1
2

Business Proprietary
U.S. Importers’ Questionnaire – Fresh Tomatoes (Final)
II-6a.

Page 16

Imports from all other sources–Continued.

RECONCILIATION OF SHIPMENTS, IMPORTS, AND INVENTORIES.--Generally, the data reported for the
end-of-period inventories (i.e., line L) should be equal to the beginning-of-period inventories (i.e., line
A), plus imports (i.e., line B), less total shipments (i.e., lines D, F, H, and J). 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.
Calendar years
Reconciliation
A+B-D-F-H-J-L
= should equal zero
("0") or provide an
explanation.1

2016

January-March

2017

0

2018

2018

0

0

2019

0

0

Explanation if the calculated fields above are returning values other than zero (i.e., “0”) but
are nonetheless accurate:
.
1

II-6b.

Channels of distribution: All other sources.--Report your firm’s U.S. shipments (i.e., inclusive of
commercial U.S. shipments, internal consumption, and transfers to related firms) of imports
from all other sources (i.e., sources other than Mexico) by channel of distribution.

All other sources
Quantity (in pounds)
Calendar years
Channels of distribution

2016

2017

January-March
2018

2018

2019

U.S. shipments to.-Packers / re-packers (M)
Distributors, brokers, handlers (N)
Supermarket and grocery chains (O)
Food service providers (P)
Other end users1 (Q)
1

Describe:

.

RECONCILIATION OF CHANNELS.--Please ensure that the quantities reported for channels of distribution
(i.e., lines M through Q) in each time period equal the quantity reported for U.S. shipments (i.e., line D, F,
H) in each time period. If the calculated fields below return values other than zero (i.e., “0”), the data
reported must be revised prior to submission to the Commission.
Calendar years
Reconciliation
M + N + O + P + Q - D - F - H = zero
("0"), if not revise.

2016

2017
0

January-March
2018

0

2018
0

2019
0

0

Business Proprietary
U.S. Importers’ Questionnaire – Fresh Tomatoes (Final)

Page 17

U.S. shipments by tomato variety: Open field/adapted-environment.--Please report your firm’s
U.S. shipments (i.e., inclusive of commerical U.S. shipments, internal consumption, and transfers to
related firms) of open field or adapted-environment fresh tomatoes imported from all other sources
(i.e., sources other than Mexico) by tomato variety in the specified periods.

II-6c.

All Other Sources: Open Field/Adapted Environment
Calendar Year
U.S. shipments

2016

2017

January-March
2018

2018

2019

Open field and adaptedenvironment
Round
Quantity (R)
Value (S)
Plum/Roma
Quantity (T)
Value (U)
Cherry/grape
Quantity (V)
Value (W)
Other1
Quantity (X)
Value (Y)
Total.-Quantity

0

0

0

0

0

Value

0

0

0

0

0

1

Please list in order of importance the other tomato varieties shipped by your firm for sale :

.

Business Proprietary
U.S. Importers’ Questionnaire – Fresh Tomatoes (Final)

Page 18

U.S. shipments by tomato variety: Greenhouse/controlled-environment.--Please report your
firm’s U.S. shipments (i.e., inclusive of commerical U.S. shipments, internal consumption, and
transfers to related firms) of greenhouse or controlled environment fresh tomatoes imported
from all other sources (i.e., sources other than Mexico) by tomato variety in the specified
periods.

II-6d.

All Other Sources: Greenhouse/Controlled Environment
Quantity (in pounds) and Value (in dollars)
Calendar Year
U.S. shipments

2016

2017

January-March
2018

2018

2019

Greenhouse and controlledenvironment
Round
Quantity (Z)
Value (AA)
Plum/Roma
Quantity (AB)
Value (AC)
Cherry/grape
Quantity (AD)
Value (AE)
Other1
Quantity (AF)
Value (AG)
Total.-Quantity

0

0

0

0

0

Value

0

0

0

0

0

1

Please list in order of importance the other tomato varieties shipped by your firm for sale :

.

RECONCILIATION OF SHIPMENTS, BY VARIETY AND GROWING METHOD.--The quantity and value
reported for U.S. shipments in parts "c" and "d" of this question (i.e., lines T through AI) should be equal
to U.S. shipments as reported in part "a" (i.e., lines F through K). If the calculated fields below return
values other than zero (i.e., “0”), the data reported must be revised prior to submission to the
Commission.
Calendar years

Reconciliation

2016

2017

January-March
2018

2018

2019

R + T +V + X + Z + AB + AD + AF - D
- F - H = should equal zero ("0") or
provide an explanation.1

0

0

0

0

0

S + U + W + Y + AA + AC + AE + AG
- E - G - I = should equal zero ("0")
or provide an explanation.1

0

0

0

0

0

Business Proprietary
U.S. Importers’ Questionnaire – Fresh Tomatoes (Final)

Page 19

II-7.

Transfers to related firms.-- If your firm reported transfers to related firms in any of the data
tables in part II, please identify the firm(s) and indicate the nature of the relationship between
your firm and the related firms (e.g., joint venture, wholly owned subsidiary) and whether the
transfers were priced at market value or by a non-market formula.

II-8.

Other explanations.--If your firm would like to further explain a response to a question in Part II
for which a narrative response box was not provided, 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
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Page 20

PART III.--PRICING AND MARKET FACTORS
Further information on this part of the questionnaire can be obtained from James Horne (202-205-2722,
[email protected]).
III-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 III.
Name
Title
Email
Telephone

PRICE DATA
III-2.

Pricing product definitions.--This question requests quarterly quantity and value data for your
firm’s commercial shipments to unrelated U.S. customers since January 1, 2016, of the following
products your firm imported from Mexico:
Product 1.--Open field and adapted-environment plum/Roma tomatoes, 85 percent U.S. #1 or
better, bulk packed in 20-pound or above boxes
Product 2.--Greenhouse and controlled-environment plum/Roma tomatoes, 85 percent U.S. #1
or better, bulk packed in 20-pound or above boxes
Product 3.--Open field and adapted-environment round tomatoes, packed in 15-pound boxes,
85 percent or better US#1
Product 4.--Greenhouse and controlled-environment round tomatoes, packed in 15-pound
boxes, 85 percent or better US#1
Product 5.--Open field and adapted-environment cherry/grape tomatoes, packed in one pint
clam shells, 12 pints per box, 85 percent or better US#1
Product 6.—Greenhouse and controlled-environment cherry/grape tomatoes, packed in one
pint clam shells, 12 pints per box, 85 percent or better US#1

Please note that values should be f.o.b., U.S. point of shipment and should not include U.S.-inland
transportation costs. Values should reflect the final net amount paid to your firm (i.e., should be net
of all deductions for discounts or rebates).
III-2a. Pricing product definitions.--During January 2016-March 2019, did your firm import from
Mexico and sell to unrelated U.S. customers any of the above listed products (or any products
that were competitive with these products)?
Yes.--Please complete the following pricing data tables as appropriate.
No.--Skip to question III-3.

Business Proprietary
U.S. Importers’ Questionnaire – Fresh Tomatoes (Final)

Page 21

III-2b. Price data.--Report below the monthly price data for pricing products imported from Mexico
using spot sales or contracts of a duration of less than 365 days and sold by your firm.

Mexico

Report data in pounds and actual dollars.
2016
Month

Quantity
(pounds)

2017
Value
(dollars)

Quantity
(pounds)

2019

2018
Value
(dollars)

Quantity
(pounds)

Value
(dollars)

Quantity
(pounds)

Value
(dollars)

Product 1: Open field and adapted-environment plum/Roma tomatoes, 85 percent U.S. #1 or better, bulk packed in 20-pound or
above boxes
January
February
March
April
May
June
July
August
September
October
November
December
2016
Month

Quantity
(pounds)

2017
Value
(dollars)

Quantity
(pounds)

2019

2018
Value
(dollars)

Quantity
(pounds)

Value
(dollars)

Quantity
(pounds)

Value
(dollars)

Product 2: Greenhouse and controlled-environment plum/Roma tomatoes, 85 percent U.S. #1 or better, bulk packed in 20-pound or
above boxes
January
February
March
April
May
June
July
August
September
October
November
December

Business Proprietary
U.S. Importers’ Questionnaire – Fresh Tomatoes (Final)
III-2b. Price data--Continued

Page 22

Mexico
Report data in pounds and actual dollars.

2016
Month

Quantity
(pounds)

2017
Value
(dollars)

Quantity
(pounds)

2019

2018
Value
(dollars)

Quantity
(pounds)

Value
(dollars)

Quantity
(pounds)

Value
(dollars)

Product 3: Open field and adapted-environment round tomatoes, packed in 15-pound boxes, 85 percent or better US#1
January
February
March
April
May
June
July
August
September
October
November
December
2016
Month

Quantity
(pounds)

2017
Value
(dollars)

Quantity
(pounds)

2019

2018
Value
(dollars)

Quantity
(pounds)

Value
(dollars)

Quantity
(pounds)

Value
(dollars)

Product 4: Greenhouse and controlled-environment round tomatoes, packed in 15-pound boxes, 85 percent or better US#1
January
February
March
April
May
June
July
August
September
October
November
December

Business Proprietary
U.S. Importers’ Questionnaire – Fresh Tomatoes (Final)
III-2b. Price data--Continued

Page 23

Mexico

Report data in pounds and actual dollars.
2016
Month

Quantity
(pounds)

2017
Value
(dollars)

Quantity
(pounds)

2019

2018
Value
(dollars)

Quantity
(pounds)

Value
(dollars)

Quantity
(pounds)

Value
(dollars)

Product 5: Open field and adapted-environment cherry/grape tomatoes, packed in one pint clam shells, 12 pints per box, 85 percent
or better US#1
January
February
March
April
May
June
July
August
September
October
November
December
2016
Month

Quantity
(pounds)

2017
Value
(dollars)

Quantity
(pounds)

2019

2018
Value
(dollars)

Quantity
(pounds)

Value
(dollars)

Quantity
(pounds)

Value
(dollars)

Product 6: Greenhouse and controlled-environment cherry/grape tomatoes, packed in one pint clam shells, 12 pints per box, 85
percent or better US#1
January
February
March
April
May
June
July
August
September
October
November
December

Business Proprietary
U.S. Importers’ Questionnaire – Fresh Tomatoes (Final)
III-2c.

Page 24

Price data checklist.--Please check that the pricing data in question III-2(b) has been correctly
reported.
√ if Yes

Are the price data reported above:
In actual U.S. dollars (not $1,000 and not Mexican pesos )?
In pounds (not kilograms and not 1,000s of pounds )?
F.o.b. U.S. point of shipment (i.e., does not include U.S. transport costs)?
Net of all discounts and rebates?
Condition or quality defect credits (whether involving value or quantity
adjustments) applied to the quarter in which the sale occurred?
Have returns credited to the quarter in which the sale occurred?
Limited to shipments made pursuant to spot or short-term contracts (i.e.,
contracts covering periods of less than 365 days)
Less than reported commercial shipments in Part II in each year?

III-2d. Pricing data methodology.--Please describe the method and the kinds of documents/records
that were used to compile your price data.

Note: As requested in Part I of this questionnaire, please keep all supporting documents/records used in
the preparation of the price data, as Commission staff may contact your firm regarding questions on the
price data. The Commission may also request that your company submit copies of the supporting
documents/records (such as sales journal, invoices, etc.) used to compile these data.
III-3.

Price setting.--How does your firm determine the prices that it charges for sales of fresh
tomatoes (check all that apply)? If your firm issues price lists, please submit sample pages of a
recent list.
Transaction
by
transaction

III-4.

Contracts

Set
price
lists

Other

If other, describe

Discount policy.--Please indicate and describe your firm’s discount policies (check all that apply).

Quantity
discounts

Annual
total
volume
discounts

Quality
defect
discounts

Condition
defect
discounts

No
discount
policy

Other

Describe

Business Proprietary
U.S. Importers’ Questionnaire – Fresh Tomatoes (Final)
III-5.

Pricing terms.--On what basis are your firm’s prices of imported fresh tomatoes from Mexico
usually quoted (check one)?
Delivered

III-6.

No

F.o.b.

If f.o.b., specify point

Contract versus spot.--Approximately what share of your firm’s sales of fresh tomatoes
imported from Mexico in 2018 was on a (1) short-term contract basis, (2) annual contract basis,
(3) long-term contract basis, and (4) spot sales basis?

Item
Share of 2018
sales
III-7.

Page 25

Type of sale
Long-term
Annual
contracts
contracts
(multiple
(multiple
deliveries for
deliveries for 12
more than 12
months)
months)

Short-term
contracts
(multiple
deliveries for
less than 12
months)
%

%

%

Total
(should
sum to
100.0%)

Spot sales
(for a single
delivery)
%

0.0

Bundling sales.--Does your firm bundle sales of fresh tomatoes with other products?

Yes

Estimate share of your
fresh tomatoes in 2018 If yes, describe other products that are typically in
that were sold in a bundle bundled sales

%

Business Proprietary
U.S. Importers’ Questionnaire – Fresh Tomatoes (Final)
III-8.

Page 26

Contract provisions.--Please fill out the table regarding your firm’s typical sales contracts for
fresh tomatoes imported from Mexico (or check “not applicable” if your firm does not sell on a
short-term, annual and/or long-term contract basis).

Typical sales
contract provisions

Item

Average contract
duration

No. of
days

Price renegotiation
(during contract
period)

Yes

Fixed quantity
and/or price

Short-term contracts
(multiple deliveries
for less than 12
months)

Annual contracts
(multiple
deliveries for 12
months)

Long-term contracts
(multiple deliveries
for more than 12
months)

365

No
Quantity

Indexed to raw
material costs1

Price
Both
Yes
No

Not applicable
1

Please identify the indexes used:

III-9.

.

Lead times.--What is your firm’s share of sales of fresh tomatoes imported from Mexico from
inventory and produced to order and what is the typical lead time between a customer’s order
and the date of delivery for your firm’s sales of fresh tomatoes?

Source

Lead time
(Average number
Share of 2018 sales
of days)

From your firm’s U.S. inventory

%

From foreign manufacturers’ inventory

%

Produced to order

%

Total (should sum to 100.0%)

0.0 %

Business Proprietary
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Page 27

III-10. Shipping information.—
(a)

What is the approximate percentage of the cost of fresh tomatoes imported from
Mexico that is accounted for by U.S. inland transportation costs?
percent.

(b)

Who generally arranges the transportation to your firm’s customers’ locations?
Your firm
Purchaser (check one)

(c)

When your firm sells fresh tomatoes imported from Mexico, from where is it shipped?
Point of importation
Storage facility (check one)

(d)

Indicate the approximate percentage of your firm’s sales of fresh tomatoes imported
from Mexico that are delivered the following distances from your firm’s U.S. point of
shipment.
Distance from your firm’s U.S. point of shipment

Share

Within 100 miles

%

101 to 1,000 miles

%

Over 1,000 miles

%

Total (should sum to 100.0%)

0.0

%

III-11. Geographical shipments.-- In which U.S. geographic market area(s) has your firm sold fresh
tomatoes imported from Mexico since January 1, 2016 (check all that apply)?
Geographic area
Northeast.–CT, ME, MA, NH, NJ, NY, PA, RI, and VT.
Midwest.–IL, IN, IA, KS, MI, MN, MO, NE, ND, OH, SD, and WI.
Southeast.–AL, DE, DC, FL, GA, KY, MD, MS, NC, SC, TN, VA, and WV.
Central Southwest.–AR, LA, OK, and TX.
Mountains.–AZ, CO, ID, MT, NV, NM, UT, and WY.
Pacific Coast.–CA, OR, and WA.
Other.–All other markets in the United States not previously listed,
including AK, HI, PR, and VI.

Mexico

Business Proprietary
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Page 28

III-12. Substitutes.--Can other products be substituted for fresh tomatoes?
No

Yes--Please fill out the table.

End use in which this
substitute is used

Substitute

Have changes in the price of this substitute
affected the price for fresh tomatoes?
No Yes

Explanation

1.
2.
3.
III-13. Demand trends.--Indicate how demand within the United States and outside of the United
States (if known) for fresh tomatoes has changed since January 1, 2016. Explain any trends and
describe the principal factors that have affected these changes in demand.
Overall
increase

Market

No
Overall Fluctuate with
change decrease no clear trend

Explanation and factors

Within the United States
Outside the United States
III-14. Product changes.--Have there been any significant changes in the product range, product mix or
marketing of fresh tomatoes since January 1, 2016?
No

Yes

If yes, please describe.

Business Proprietary
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Page 29

III-15. Conditions of competition.—
(a) Is the fresh tomatoes market subject to business cycles (other than general economy-wide
conditions) and/or other conditions of competition distinctive to fresh tomatoes?
Check all that apply.

Please describe.

No

Skip to question III-16.

Yes-Business cycles (e.g.,
seasonal business)
Yes-Other distinctive
conditions of competition
(b) If yes, have there been any changes in the business cycles or conditions of competition for
fresh tomatoes since January 1, 2016?
No

Yes

If yes, describe.

III-16. Impact of weather on fresh tomato importation.-(a) Drought impact.--Did drought conditions and/or wildfires impact your firm's fresh tomato
import operations or the general market conditions for fresh tomatoes any time since January 1,
2016?
No

Yes

If yes, describe

(b) Storm impact.--Did Hurricane Irma, Hurricane Matthew, and/or other large rain-related natural
disasters impact your firm's fresh tomato import operations or the general market conditions
for fresh tomatoes any time since January 1, 2016?
No

Yes

If yes, describe

(c) Freeze impact.--Did a freeze impact your firm’s fresh tomato import operations or the general
market conditions for fresh tomatoes any time since January 1, 2016?
No

Yes

If yes, describe

Business Proprietary
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Page 30

III-17. Supply constraints.--Has your firm refused, declined, or been unable to supply fresh tomatoes
since January 1, 2016 (examples include placing customers on allocation or “controlled order
entry,” declining to accept new customers or renew existing customers, delivering less than the
quantity promised, being unable to meet timely shipment commitments, etc.)?
No

Yes

If yes, please describe.

III-18. Raw materials.--How have the prices for raw materials for fresh tomatoes changed since
January 1, 2016?

Raw
Materials

Overall
increase

No
change

Overall
decrease

Explain, noting how raw
material price changes
have affected your
Fluctuate
firm’s selling prices for
with no
clear trend
fresh tomatoes.

Seeds/plants
Fertilizer
Pesticides
and
herbicides
Costs of
packing
materials
All other
raw material
costs
III-19. Organic raw materials.--Has the increased prevalence and concentration of organic raw material
supplies impacted the market or your firm’s operations since January 1, 2016?
No

Yes

If yes, please explain.

Business Proprietary
U.S. Importers’ Questionnaire – Fresh Tomatoes (Final)

Page 31

III-20. Organic vs. non-organic tomato variety.—Has there been an increase in customer awareness of
organic vs non-organic growing methods and/or any shift in customer preference relating to
organic vs non-organic products since January 1, 2016?
No

Yes

If yes, please explain.

III-21. Vine ripe vs. mature green tomato comparability.—Are vine ripe tomatoes interchangeable
with mature green tomatoes (regardless of country of origin)?
Always

Frequently

Sometimes

Never

Please explain.

III-22. Interchangeability.--Are fresh tomatoes of the same type (e.g., round, plum/Roma,
cherry/grape) produced in the United States and in other countries interchangeable (i.e., can
they physically be used in the same applications)?
Please indicate A, F, S, N, or 0 in the table below:
A = the products from a specified country-pair are always interchangeable
F = the products are frequently interchangeable
S = the products are sometimes interchangeable
N = the products are never interchangeable
0 = no familiarity with products from a specified country-pair
Country-pair

Mexico

Other countries

United States
Mexico
For any country-pair producing fresh tomatoes which is sometimes or never interchangeable,
please identify the country-pair and explain the factors that limit or preclude interchangeable
use:
.

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Page 32

III-23. Factors other than price.--Are differences other than price (e.g., quality, availability,
transportation network, product range, technical support, etc.) between fresh tomatoes of the
same type (e.g., round, plum/Roma, cherry/grape) produced in the United States and in other
countries a significant factor in your firm’s sales of the products?
Please indicate A, F, S, N, or 0 in the table below:
A = such differences are always significant
F = such differences are frequently significant
S = such differences are sometimes significant
N = such differences are never significant
0 = no familiarity with products from a specified country-pair
Country-pair

Mexico

Other countries

United States
Mexico
For any country-pair for which factors other than price always or frequently are a significant
factor in your firm’s purchases of fresh tomatoes, identify the country-pair and report the
advantages or disadvantages imparted by such factors:
.

Business Proprietary
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Page 33

III-24. Customer identification.--List the names and contact information for your firm’s 10 largest U.S.
customers for fresh tomatoes since January 1, 2016. Indicate the share of the quantity of your
firm’s total shipments of fresh tomatoes that each of these customers accounted for in 2018.

Customer’s name

City

State

Share of 2018
sales (%)

1
2
3
4
5
6
7
8
9
10

III-25. Other explanations.--If your firm would like to further explain a response to a question in Part III
for which a narrative response box was not provided, 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
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Page 34

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 questionnaire. When you finish reporting the data then you can close the questionnaire and switch
back to Italy settings.

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Page 35

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/701731/2018/fresh_tomatoes_mexico/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: FRESH

• 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 did not import 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 (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.