Questionnaire for Importer

QUESTIONNAIRE FOR IMPORTER

Producersproviding submissions must ensure that:

each page is labelled either "confidential" or "non-confidential"

a non-confidential version is provided
the non-confidential version fully explains the content and significance of the confidential information; and
the declaration is completed

MINISTRY OF INTERNATIONAL TRADE AND INDUSTRY

MALAYSIA

Introduction

PRODUCT:Pre-painted / Painted / Colour Coated Steel Coils

HS CODES:

7210.70.210, 7210.70.290 and 7210.70.900

AHTN:

7210.70.1000, 7210.70.9020 and 7210.70.9090

ORIGINATING IN:THE PEOPLE’S REPUBLIC OF CHINA & THE SOCIALIST REPUBLIC OF VIET NAM

EXPORTED FROM: THE PEOPLE’S REPUBLIC OF CHINA & THE SOCIALIST REPUBLIC OF VIET NAM

For the purpose of this questionnaire submission:

Year 1:1 OCTOBER 2011 – 30SEPTEMBER 2012

Year 2:1 OCTOBER 2012 – 30 SEPTEMBER 2013

Period of Investigation (POI):1 OCTOBER 2013 – 30SEPTEMBER 2014

Q 1 : October – December 2013

Q 2 : January – March 2014

Q 3 : April – June 2014

Q 4 : July – September 2014

RESPONSE DUE DATE:28 MAY 2015

STATUTORY REFERENCE:

Countervailing and Anti-Dumping Duties Act 1993

Countervailing and Anti-Dumping Duties Regulations 1994

Article VI of the General Agreement on Tariffs and Trade 1994

OFFICIALS IN CHARGE:

Names / Tel. Number
MS. GAYATRI KUMARAVELOO / 03-6200 0117
MR. MOHD RASHIDI YUSOF / 03-6200 0122

RETURN THE COMPLETE RESPONSE TO THE QUESTIONNAIRE TO:

THE DIRECTOR

TRADE PRACTICES SECTION

MINISTRY OF INTERNATIONAL TRADE AND INDUSTRY

14th FLOOR, BLOCK 8

GOVERNMENT OFFICES COMPLEX,JALAN DUTA

50622 KUALA LUMPUR

MALAYSIA

FACSIMILE:603-6201 6394 / EMAIL:

TABLE OF CONTENTS
PREAMBLE / i
GENERAL INSTRUCTION / ii
DECLARATION / iv
SECTION A: COMPANY STRUCTURE & OPERATIONS / 1
A-1 Contact Information / 1
A-2 Legal Representative/ Consultant / 1
A-3 Organisational Structure / 2
A-4 Exporter Details / 2
SECTION B: IMPORTS / 3
B-1 Product Under Investigation / 3
B-2 Payment to Exporter / 5
B-3 Relationship with Exporter / 5
B-4 Cost of Purchase / 5
SECTION C: LOCAL PURCHASE / 7
SECTION D: SALES / 8
D-1 TRADER / 8
D-2 DISTRIBUTOR / 10
D-3 FURTHER PROCESSOR / 12
SECTION E: PROFITABILITY / 13
SECTION F: PUBLIC INTEREST / 14
F-1 Malaysian Market / 14
F-2 Material Injury / 14
F-3 Causal Link / 14
F-4 Price Comparison / 14
F-5 Effect of Continued Imports / 14
SECTION G: GENERAL COMMENTS / 15
CHECKLIST
Appendix 1: Guidelines on How to Complete the Non-Confidential Version
Appendix 2: The Product Under Investigation
Appendix 3: Table B-1.2: Imports during Period of Investigation
Appendix 4: Table C-1:Purchase of the Product Under Investigation–Local Purchase
Appendix 5: Table D-1.8:Sales of Product Under Investigation (Trader)
Appendix 6: Table D-2.5: Sales of Product Under Investigation (Distributor)

PREAMBLE

Please read this section before you proceed to answer the questions.

1.Ministry of International Trade and Industry (MITI) has received a petition for the imposition of anti-dumping duties against a product that you may import.

2.The World Trade Organization (WTO), to which Malaysia is signatory, provides remedies by way of duties where imported products are found to be dumped and are causing or threatening to cause material injury to a local industry producing the like product.

3.The Petitioner alleges that the subject merchandise is importedat dumped pricesand has materially injured the domestic industry. As required by the Countervailing and Anti-Dumping Duties Act 1993 (Act 504), the Petitioner has provided a detailed petition substantiating the allegations. A copy of non-confidential version of the petition is attached.

4.MITI has accepted the petition and has initiated an investigation. MITI is not an advocate for any party in these inquiries, but analyses the information produced by the industry, importers and affected foreign exporters/producers to reach an impartial decision based on all the facts presented. MITI invites you to answer this questionnaire about the product you may import and submit the response to MITI within the time specified in the covering letter.

5.If all information requested is not received by MITI within the time limit specified in the covering letter, preliminary or final decisions may be made on the basis of facts available in accordance with Section 41 of Act 504, based on Article 6.8 and Annex II of Article VI of The General Agreement on Tariffs and Trade 1994. Failure to answer all applicable questions accurately may, because of strict statutory time constraints, compel MITI to usefacts available from other sources. If MITI finds that any interested party has supplied false or misleading information, MITI shall disregard any such information in accordance with Section 36 of Act 504 and make use of facts available in accordance with Section 41 of Act 504.

GENERAL INSTRUCTIONS

A.To complete the questionnaire

1.Please review the covering letter, notice of initiation and non-confidential version of the petition and read the instructions carefully before completing the questionnaire.

2.Answer questions in the order as presented in the questionnaire. Please ensure that information submitted conforms to the requested format and is clearly labelled.

3.Your reply to this questionnaire may be subjected to verification. Therefore, all worksheets including the source documents used in answering the questionnaire must be retained, for on-site verification visit.

4.To facilitate the verification, please identify the source documents and specify where they are kept. During the verification you should be prepared to substantiate all information submitted, i.e. able to trace back to original company documents.

5.It is in your own interest to reply as accurately and completely to the questionnaire and to attach supporting documents. You may supplement your response with additional data not covered by the questionnaire if you believe it is necessary to support your case. If a question does not apply to your company, please write “not applicable” and where relevant, state the reasons.

6.All documents and source materials submitted other than in the English language must be accompanied by an English translation. Failure to provide an English translation may result in the information provided being disregarded.

7.For the purpose of replying to this questionnaire you should use data/information as recorded in your accounting records.

Identify clearly all units of measurement and currencies used in tables and calculations. Apply the same measurement units consistently throughout your questionnaire response.

In case your company does not import the product under investigation (PUI), submit a properly documented statutory declaration signed before a Notary Public/Commissioner for Oath (refer to page v of the questionnaire).

If you intend to have another party acting on your behalf, please ensure that MITI receives a properly documented power of attorney. This shall be notified to MITI within 3 weeks of the date of initiation. Another party includes legal representative or consultant of the alleged company or any party(s)other than the alleged company.
Please note that interested parties providing confidential response to the questionnaire are required to furnish non-confidential summaries thereof. In this context, you should be aware that:

the non-confidential summaries shall be in sufficient detail to permit a reasonable understanding of the substance of the information submitted in confidence. In exceptional circumstances, such parties may indicate that such information is not susceptible of summary. In such exceptional circumstances, a statement of the reasons why summarisation is not possible must be provided. (Please refer to Appendix 1 on how to complete the non-confidential version); and

if it is considered that a request for confidentiality is not warranted and if the supplier of the information is either unwilling to make the information available or to authorise its disclosure in generalised or in summary form, such information may be disregarded.

In accordance with Regulation 37(4) of the Countervailing and Anti-Dumping Duties Regulations 1994, you are required to submit:

five (5) copies of the confidential version; and
three (3) copies of the non-confidential version.

Clearly mark each version as either “CONFIDENTIAL” or “NON-CONFIDENTIAL”

All information provided to MITI in confidence will be treated accordingly. Your non-confidential version of the submission would be placed in the public file for public viewing.

B.For submitting computerised information

It is essential to the investigation that information be submitted on a computer media. If your company does not maintain records in a computer media or not in a position to submit the requested computerised data, please contact the officials in charge.

Information should be given on any data storage medium compatible with the computer system used by the Government and provide printouts of all the requested computer files.

All data storage medium should be clearly labelled with your company’s name and file names.

The data files have to be compatible to the MS-EXCEL format.

Please ensure that the submitted data does not contain any viruses.

Provide the requested files with the structure and column headings as proposed in the respective sections. The order and title of each of the field names, and formulas used in the computer spreadsheets should be maintained.

MINISTRY OF INTERNATIONAL TRADE AND INDUSTRY

MALAYSIA

DECLARATION

IMPORTER’S SUBMISSION IN RELATION TO A PETITION FOR ANTI-DUMPING DUTIES

I hereby declare that ______(company) does importproduct under investigation and have completed the attached questionnaire and, having made due inquiry, certify that the information contained in this submission is complete and correct to the best of my knowledge and belief.

2.I also understand that the information submitted may be subject to audit and verification by the Malaysian Anti-Dumping Investigating Authority.

Signature:______

Name:______

Designation:______

Date:______

MINISTRY OF INTERNATIONAL TRADE AND INDUSTRY

MALAYSIA

DECLARATION

IMPORTER’S SUBMISSION IN RELATION TO A PETITION FOR ANTI-DUMPING DUTIES

I hereby declare that ______(company) does not import product under investigation and therefore is not responding to the attached questionnaire.

Signature:______

Name:______

Designation:______

Date:______

Before me,

______

Notary Public/Commissioner for Oath

SECTION A

COMPANY STRUCTURE AND OPERATIONS

This section is to provide MITI with an understanding of your company.

A-1 Contact Information

Company

Name:

Address:

Telephone:

Facsimile:

Email:

Web page:

Factory

Name:

Address:

Telephone:

Facsimile:

Contact person

Name:

Position/Designation:

Address:

Telephone:

Facsimile:

Email:

A-2Legal Representative/Consultant

If you have appointed a legal representative/consultant to assist you in this proceeding, provide details of:

Name of legal representative/consultant:

Name of contact person:

Address:

Telephone:

Facsimile:

Email:

A-3Organisational Structure

Describe the organisational structure, the functions and distribution channels of your business. Please submit relevant company brochures and publications.

A-4Exporter Details

Provide in Table A-4 details of the exporters from whom you purchase the products.

Table A-4: Exporter Details

No. / Name of Company / Address / *Tick (/) if related / Tel. & Fax / Contact Person / E-mail

* Section 2(5) of Act 504

“Parties shall be deemed to be related if:

(a) one of them directly or indirectly control the other;

(b) both of them are directly or indirectly controlled by a third party; or

(c) together they directly or indirectly control a third party.

**Refer Appendix 2 for “the Product under Investigation”

SECTION B

IMPORTS

B-1PRODUCT UNDER INVESTIGATION:

TheProduct under Investigation(PUI)is as per Appendix2.

1.Provide the total value and quantity of the PUIimported by your company as per Table B-1.1.

Table B-1.1: Import of PUI

Country / Year 1 / Year 2 / POI (Q1-Q4)
Volume / Value
(RM) / Volume / Value
(RM) / Volume / Value
(RM)
[Country 1]
[Country 2]
Other Countries (specify)
Total
Country / Q1 / Q2 / Q3 / Q4
Vol / Value
(RM) / Vol / Value
(RM) / Vol / Value
(RM) / Vol / Value
(RM)
[Country 1]
[Country 2]
Other Countries (specify)
Total

Note: Please specify quantity unit

2. List all imports of PUI in POI as per Table B-1.2. For this purpose use format as per Table B-1.2 in Appendix 3 which is provided in excel format in the CD.

Table B-1.2: Imports during Period of Investigation

Type/Model/Grade: ……..…………………………………………………………

Field name / Field description / Explanation
NO / Sequence number / Identify each transaction, or line item, in the import purchase listing, by sequence number (i.e. the first transaction is “1”, the second is “2”, and so on)
INV-DT / Invoice date / Indicate the invoice date of the transaction
INV-NO / Invoice number / Indicate the invoice number
SU-NO / Supplier number / Indicate the supplier identification number used in your records
SU-NA / Supplier name / Indicate the supplier name used in your records
SU-CO / Supplier country / Indicate the supplier country used in your records
QTY / Quantity of sales / Provide quantity (specify the unit of measurement) of product sold
GR-VAL / Gross invoice value / Provide the gross invoice value, net of taxes, of product sold
DISC / Discounts / Indicate the discounts deducted on the invoice
NT-VAL / Net invoice value / Provide the net invoice value after the discounts
LEV / Customer level of trade / Use code “1” for end-users, “2” for retailers, “3” for distributors, “4” for others (specify the level)
PAY-TM / Payment terms / Indicate the payment terms agreed with the customer (e.g. 30, 60, 90 days, etc.)
DEL-TM / Delivery terms / Indicate the agreed terms of delivery (e.g. FOB, C&F, CIF, etc.)
COMM / Commissions / Indicate value of any cash discounts, volume discounts, commissions, etc.
Overseas Cost / INF / Inland freight / Indicate the transport costs from factory/warehouse – port
OSF / Overseas freight / Indicate the overseas freight from exporting country port to importing country port
MAI / Marine Insurance / Indicate the marine insurance
OTC / Other costs / Specify if any
Wharf To Your Store Costs / CBF / Customs broker fees / Indicate brokerage fees
CDT / Custom duties & taxes / Indicate custom duties & taxes
PC / Port Charges / Indicate port charges by terminal operator
LL / Lift-on-lift-off / Indicate crane charges
CD / Container destuffing / Indicate destuffing cost (e.g labour cost, forklift cost)
INF / Inland freight / Indicate the transport costs from port – factory/warehouse.
OTC / Other costs / Specify if any
Selling, General & Administrative Costs / SE / Selling / Indicate selling cost
GA / General & administrative / Indicate general & administrative cost
FC / Financial charges / Indicate financial charges (e.g bank charges)
OTC / Other costs / Specify if any

Note:

Prepare a computer file name ‘IMP_PUR’ as per TABLE B-1.2 for all purchases of PUI during Period of Investigation on a transaction by transaction basis.
Complete one table for each type/model/grade of PUI.

B-2Payment to Exporter

Indicate mode of payment made to the exporter (e.g. Bank draft, letter of credit, telegraphic transfer etc) for each transaction.

B-3Relationship with Exporter

Provide details of any reimbursement, compensation or benefit in respect of the whole or any part of the price given by the exporter or an associate of the exporter.

Indicate in detail your company’s nature of commercial or other relationship with the exporter (e.g. Common shareholders etc).

Indicate the effects of this relationship on the price of the goods (e.g. Discount/Rebate/Commission etc).

Provide a copy of any written agreement between your company and the exporter.

Indicate the effects of this written agreement on the price paid (e.g. Discount/Rebate/Commission etc).

B-4COST OF PURCHASE

What is your cost of purchase for the PUI during POI?

Table B-4.1: Cost of Purchase of PUI

Overseas Costs (whether or not in the invoice price) / Value Per
Unit
(state currency)
A/V
Inland freight
Overseas freight
Marine insurance
Other costs (please specify………………………….)
Wharf to Your Store Costs / Value Per
Unit
(state currency)
A/V
Customs broker fees
Customs duty
Port charges
Lift on lift off
Container destuffing
Inland freight
Other costs (please specify………………………….)

Note:

State unit of purchase e.g. RM/MT, RM/Kg, RM/Litre, etc.
Specify whether the above costs are actual (A) or average (V).
Specify average exchange rate

SECTION C

LOCAL PURCHASE

This section requires you to provide information on purchases of the PUI originating in Malaysia.

C-1 Do you buy locally manufactured PUIinPOI?

If YES, provide listing of all purchases for the PUI in POI as per TableC-1.For this purpose use format as per Table C-1 in Appendix 4which is provided in excel format in the CD.

Table C-1: Purchase of the PUI – Local Purchase

Field name / Field description / Explanation
INV-DT / Invoice date / Indicate the invoice date of the transaction
INV-NO / Invoice number / Indicate the invoice number
PR-NA / Producer/ Company’s name / Indicate the producer/company’s identification name used in your records
DE-PP / Description of product purchase / Indicate the description of product purchase used in your records
VOL / Volume / Provide volume (specify the unit of measurement) of product sold
VAL / Value (RM) / Provide value (specify the unit of measurement) of product sold
TE-SA / Term of sale / Indicate agreed terms of payment and delivery (e.g. FOB 60 days, C&F 90 days, etc.)

Note:

Prepare a computer file name ‘LOCAL PURCHASE’ as per TABLE C-1
If possible, specify for each grade/type of the PUI.

SECTIOND

SALES

Note:Please break up the sales information where there are different grades or types of the PUI which have different pricing structures. Depending on the function your company/organisation perform, this information should be provided in Section D1 to D3 of the questionnaire.

How do you defineyour company’s function/s?

An importer of the PUI and:

a trader…go to D1

a distributor…go to D2

a further processor

of the imports…go to D3

perform combination of the above…go to D1, D2 and/or D3

*Tick ( / ) wherever applicableD-1: TRADER

To whom is/are the exporter’s/producer’s invoice(s) addressed?(Tick where applicable)

You/Your Company

Recipient of the product

Both

How much is the commission received from the exporter/producer?
If there are sales to unrelated parties in the overall transactions, e.g. exporter/producer sells to you and then you sell to another unrelated party, what is your profit margin in POI?

If you sell the PUI at a loss, state the reason(s).

Is the profit margin of the PUI LESS, the SAME or MORE than your normal operating profit margin in POI?If LESS, why?

What were the terms of sale for all or the majority of your sales of the PUI (e.g. Free into Store 30 days, etc.)

What is the average lead time between a customer’s order and the date of delivery for your sales of the PUI?

Provide all sales of PUI in POI as per TableD-1.8. For this purpose use format as per Table D-1.8 in Appendix 5which is provided in excel format in the CD.

Table D-1.8: Sales of the PUI

Field name / Field description / Explanation
INV-DT / Invoice date / Indicate the invoice date of the transaction
INV-NO / Invoice number / Indicate the invoice number
CR-NA / Customer’s name / Indicate the customer name used in your records
VOL / Volume / Provide volume (specify the unit of measurement) of product sold
VAL / Value (RM) / Provide value (specify the unit of measurement) of product sold
TY/GR / Type/Grade / Provide type/grade of product sold

Note:

Prepare a computer file name ‘SALES_CUST’ as per TABLE D-1.8.
Specify for each grade/type of the PUI.

What is your selling cost for the PUI in the domestic market during the POI?

Table D-1.9: Selling Cost of PUI

Value Per
Unit
(state currency)
Purchasing Cost (refer to Table B-4.1)
Selling, General and Administration Costs (SGA)
A/V
Selling
Administrative and general
Financial charges
(e.g. Bank interest etc.)
Other costs (please specify………………………)

Note: