QUESTIONNAIRE FOR DOMESTIC PRODUCERS
Producer providing 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: FLAT-ROLLED PRODUCTS OF IRON OR NON-ALLOY STEEL, HOT ROLLED, NOT CLAD, PLATED OR COATED, IN COILS.
HS CODE: 7208.36.000, 7208.37.000, 7208.38.000, 7208.39.100, 7208.39.910, 7208.39.990
AHTN CODE: N/A
ORIGINATING IN/ EXPORTED FROM: CHINESE TAIPEI
For the purpose of this questionnaire submission: Year 1 : JANUARY – DECEMBER 2009 Year 2 : JANUARY – DECEMBER 2010 Period of Investigation (POI) : JANUARY – DECEMBER 2011
RESPONSE DUE DATE: 5 SEPTEMBER 2012
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 OFFICIAL IN CHARGE:
Name Tel. Number E-mail Ms. Yee Yin Ching 603 - 6200 0116 [email protected] Mr. Mohd Solihin Johari 603 – 6203 4636 [email protected]
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 TABLE OF CONTENTS PREAMBLESECTION F: PROFITABILTY, RETURN AND CAH FLOW 14i
GENERALF-1 Profitability INSTRUCTION 14ii F-2 Return on Total Assets 14 DECLARATIONF-3 Cash Flow 15iv F-4 Investments 15 SECTIONF-5 MinimumA: COMPANY Profit RequiredSTRUCTURE & OPERATIONS 161 F-6 Ability to Raise Capital 16 A-1 Contact Information 1 SECTIONA-2 LegalG: PUBLIC Representative/ INTEREST Consultant 171 A-3 Corporate Information 2 G-1 Malaysian Market 17 SECTION G-2 Material B: PRODUCT Injury DESCRIPTION 174 G-3 Price Comparison 17 G-4B-1 Effect Scope of ofContinued the Investigation Imports 174 G-5B-2 Causal Product Link Specifications 174 G-6 General Comments 18 SECTION C: OPERATION 5
CHECKLIST C-1 Production and Capacity 5 C-2 Purchased of Product under Investigation (PUI) 5 AppendixC-3 1:Inventories Guidelines on How to Complete the Non-Confidential Version 6 AppendixC-4 2:Employment The Product & UnderWages Investigation 6 AppendixC-5 3:Productivity Table D-4.4: Sales Listing 7 Appendix 4: Table D-4.5: Credit Notes SECTION D: SALES 8
D-1 Distribution Channel of Sales 8 D-2 Sales Turnover 8 D-3 Sales Volume and Value 8 D-4 Sales Price 9
SECTION E: COSTS 11
E-1 Accounting System and Policies 11 E-2 Cost to Make and Sell 12 PREAMBLE
Please read this section before you proceed to answer the questions.
1. Ministry of International Trade and Industry of Malaysia (MITI) has received a petition for the imposition of countervailing and/or anti-dumping duties against a product that you may manufacture.
2. The World Trade Organisation (WTO), to which Malaysia is signatory, provides remedies by way of duties where imported products are found to be subsidised and/or dumped and are causing or threatening to cause material injury to a local industry producing the like product.
3. The Malaysian industry alleges that imports of the like product are at subsidised and/or dumped prices. It also alleges that the imported products have materially injured the Malaysian 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 looks to the information produced by the industry, importers and exporters to reach an impartial decision based on all the facts presented. MITI invites you to answer this questionnaire about the products you may manufacture and return it 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 Article 6.8 and Annex II of Article VI of The General Agreement on Tariffs and Trade 1994.
6. Failure to answer all applicable questions accurately may, because of strict statutory time constraints, compel MITI to use, the best information 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.
i 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.
8. Identify clearly all units of measurement and currencies used in tables and calculations. Apply the same measurement units consistently throughout your questionnaire response.
9. In case your company does not manufacture 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).
10.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.
ii 11.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.
12.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”
13.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 1. 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. 2. 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. 3. All data storage medium should be clearly labelled with your company’s name and file names.
4. The data files have to be compatible to the MS-EXCEL format. 5. Please ensure that the submitted data does not contain any viruses. 6. 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.
iii MINISTRY OF INTERNATIONAL TRADE AND INDUSTRY MALAYSIA
DECLARATION
MALAYSIAN PRODUCER’S SUBMISSION IN RELATION TO A PETITION FOR ANTI-DUMPING AND/OR CONTERVAILING DUTIES
I hereby declare that ______(company) does manufacture the product 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 subjected to audit and verification by the Malaysian Anti-Dumping Investigating Authority.
Signature : ______
Name : ______Company Designation : ______Stamp Date : ______
iv MINISTRY OF INTERNATIONAL TRADE AND INDUSTRY MALAYSIA DECLARATION
MALAYSIAN PRODUCER’S SUBMISSION IN RELATION TO A PETITION FOR ANTI-DUMPING AND/OR CONTERVAILING DUTIES
I hereby declare that ______(company) does not manufacture the product under investigation and therefore have not completed the attached questionnaire.
Signature : ______
Name : ______
Designation : ______
Date : ______
Before me,
______Seal
Notary Public/ Commissioner for Oath
v 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-2 Legal 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:
1 A-3 Corporate Information (including related parties)
1. Indicate the legal name and form of your business (e.g. company, partnership, sole trader). If you trade in a name other than this legal name, indicate the name(s) used.
2. List the principal shareholders of your company and indicate the percentage of shareholding and the activities of these shareholders. For this purpose use Table A-3.2.
Table A-3.2: Shareholdings
Name of principal Percentage of Activity of shareholder shareholders shareholding
3. Provide:
a. A diagram outlining the overall organisational structure of your company(s)
b. A detailed diagram, which shows all units within your company, involved in the production, sale, R&D, distribution and supply of the PUI in Malaysian market and export market during the investigation period.
c. Copies of legal documents (e.g. Form 24, Form 48, Form 13) to substantiate your explanation.
d. A copy of your most recent annual report together with any relevant brochures or pamphlets on your business activities.
4. List the names, addresses, email, telephone and facsimile numbers of all subsidiaries or other related companies in all countries that are involved with the production, sale, purchase, R&D, distribution and supply of the PUI in Malaysian market and export market during the investigation period. Specify the activities of each related company and percentage of shares owned. For this purpose use Table A-3.4.
2 Table A-3.4 : Related Companies Listing
Name, List of Tick if Tick if Tick if Percentage Percentage address, activities manufacture supplier of importer of your of related email, r of the PUI input used in of the company’s company’s telephone, the PUI shareholding shareholding fax of manufacturing in related in your related of the PUI company company company in all countries
5. If your company has contractual links with any other company(s) in Malaysia or other countries (in particular, alleged country(s)in this proceeding), for the production (e.g. subcontracting), supply and sale of the PUI or other licensing, technical patent or compensatory agreements, explain the nature of the agreement and indicate clearly the country where the company is located.
6. Provide details of any other area of activity where your company has other commercial relationships with the alleged country(s) in this proceeding (e.g. production facilities, joint ventures).
3 SECTION B PRODUCT DESCRIPTION
This section requests a detailed description of the PUI produced and/or sold by your company and related company(s) in Malaysia.
B-1 Scope of the Investigation
The PUI is described as per Appendix 2 of the questionnaire.
B-2 Product Specifications
1. Briefly describe the range of products produced by your company in Malaysia.
2. Provide full details of the products matching the description of PUI produced and/or exported by your company, including relevant:
a. Physical, technical and chemical characteristics; b. specification; c. end use; d. brand names; e. production process including flow chart; and f. illustrative material i.e. brochures, catalogues etc
• Supply technical documentation where appropriate; and • If the products involve a number of models and/or types, the details must cover all models or types produced and/or exported.
3. Describe in detail your company's own product coding system. Provide a key to your product codes, including all prefixes, suffixes, or other notations, which identify special specifications.
4. Briefly explain the comparability of the PUI produced by your company with that imported from the alleged country(s) in this proceeding and other third countries and note any differences in technical and physical characteristics and end uses. For this purpose use Table B-2.4.
Table B-2.4: Product Comparability
Imported products Types produced by your Identical (Include codes and Differences company (Include Characteristics description) (Specify) codes and description) (Specify)
4 SECTION C OPERATION
C-1 Production and Capacity
1. Complete and explain information concerning the production capacity, actual production and capacity utilisation of the PUI produced by your company in Table C-1.1:
Table C-1.1: Capacity Utilisation
Description Year 1 Year 2 POI
A. Production capacity in units (MT) B. Actual production in units (MT) C. Capacity utilisation (%) (B/A x 100)
2. State basis of determination of your capacity (e.g. number of shifts, working days per year, idle time of machinery for maintenance, changes in the production process).
3. If your company produces other products on the same production equipment and machinery used for the production of PUI, list the products and explain the basis for the allocation.
4. Provide full details of future plans to commence production or increase capacity in the Malaysian market for PUI.
C-2 Purchased of PUI
1. Complete and explain Table C-2.1 showing the total volume (after all returns and cancelled purchase) and value (after all discounts and free of taxes) of purchases for each type/model of the PUI purchased by your company.
Table C-2.1: Purchases
Description Year 1 Year 2 POI Volume Value Volume Value Volume Value Country of origin (MT) (RM) (MT) (RM) (MT) (RM) Malaysia Chinese Taipei Other countries (specify)
5 2. If your company purchased any of products under investigation which did not originate in Malaysia, give your main reasons. C-3 Inventories
Complete and explain Table C-3 showing the volumes and values of stocks of the PUI produced in Malaysia. Indicate the basis on which you value your inventories.
Table C-3: Inventories Year 1 Year 2 POI Description Volume Volume Volume (MT) (MT) (MT) Opening inventories Add: Purchases Add: Production Less: Sales Captive use* Other movements (explain) Closing inventories
* Captive use = internal consumption
C-4 Employment and Wages
1. Complete and explain Table C-4.1 showing the number of people employed in your company.
6 Table C-4.1: Employment
Description Year 1 Year 2 POI Total personnel employed A. Personnel employed in the production process of the PUI B. Personnel employed in sales, general and administration of the PUI C. Total personnel employed in the PUI (A + B)
2. If it is not possible to attribute the number of persons employed directly to the PUI, allocation should be made. Explain basis of the allocation. 3. Explain if:
a. workers have been temporarily out of work; or b. your company had to introduce reduced working hours.
4. Complete and explain Table C-4.4 showing the employment costs of the total personnel employed in the PUI.
Table C-4.4: Wages
Year 1 Year 2 POI Description (RM) (RM) (RM) A. Wages
B. Social benefits
C. Total labour costs (A+B)
5. Have the alleged dumped imports had an effect on the level of wages for those employed in the production of the PUI and other employees in your company? If not, what are the main determinants in deciding the level of pay and wage increase for the product area?
C-5 Productivity
1. Complete and explain Table C-5.1 how your company has been affected by the allegedly dumped imports.
7 Table C-5.1: Productivity
Description Year 1 Year 2 POI
A. Production (volume in MT)
B. No. of employee involved in production of PUI
C. Productivity (A/B)
2. Has the productivity (production per worker) of the company been affected by the allegedly dumped imports? If so, explain and justify your claim.
8 SECTION D SALES
This section is intended to enable MITI to review the evolution of sales volumes, values and average prices for the Malaysian domestic industry.
D-1 Distribution Channel of Sales
Provide flow chart and explain your company’s distribution system in Malaysia and describe the different sales channels up to first independent customer.
D-2 Sales Turnover
Complete and explain Table D-2 details of total sales turnover (after all discounts and free of taxes) of your company.
Table D-2: Sales Turnover
Year 1 Year 2 POI Description (RM) (RM) (RM) Total turnover (all products)
Turnover of PUI (produced)
Turnover of PUI (purchased)
Other product (give details)
D-3 Sales Volume and Value
By using format in Table D-3, provide separate tables of information on net volumes (after all returns and cancelled sales) and values (after all discounts and free of taxes) of:
1. Sales of PUI produced by your company to unrelated parties.
2. Sales of PUI produced by your company to related parties.
3. Resales of purchased PUI to unrelated parties.
4. Resales of purchased PUI to related parties.
9 Table D-3: Sales of PUI
Year 1 Year 2 POI Description Volume Value Volume Value Volume Value (MT) (RM) (MT) (RM) (MT) (RM) Sales in Malaysia Sales in other countries Total sales
D-4 Sales Price
1. If prices for the PUI produced in Malaysia are based on price lists, provide the price lists applicable during the investigation period. Explain how these price lists are used to establish the final sales price to the individual customers.
2. If price lists are not used as a basis, explain how and on which basis prices are fixed during sales negotiations. If a standard contract is used, provide a copy.
3. If you have made purchases of the PUI which originate in third countries, explain:
a. How resale prices are set for these products.
b. How and where these prices fit into the price structure of the products produced by your company.
4. Base on format as per Table D-4.4, provide information on transaction- by-transaction basis relating to sales of PUI (produced and sold by your company) to unrelated customers on Malaysian market during the investigation period. For this purpose use format as per Table D-4.4: in Appendix 3 which is provided in excel format in the CD.
Table D-4.4: Sales Listing
Field Field description Explanation
NO Sequence number Identify each transaction, or line item, in the sales listing, by sequence number (i.e. the first transaction is “1”, the second is “2”, and so on) CODE Company internal Indicate the code used for the product in your records coding system INV-NO Invoice number Indicate the invoice number INV-DT Invoice date Indicate the invoice date of the transaction CUST Customer number Indicate the customer number used in your records LEV Customer level of Use code “1” for end-users, “2” for retailers, “3” for trade distributors, “4” for others (specify the level)
10 Field Field description Explanation
VOL Volume of sales Provide volume of product sold (MT) GR-VAL Gross invoice Provide the gross invoice value, net of taxes, of product sold value DISC Discounts Indicate the discounts deducted on the invoice NT-VAL Net invoice value Provide the net invoice value after the discounts 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.) DEL-CS Delivery costs Indicate the transport costs either as actual costs or as a function of the invoice value (%) or volume (costs per unit) COMM Commissions Indicate any cash discounts, volume discounts, commissions, etc.
5. Provide details as per Table D-4.5 showing credit notes relating to sales of PUI (produced and sold by your company) to unrelated customers on Malaysian market during the investigation period on transaction-by- transaction basis. For this purpose use format as per Table D-4.5: in Appendix 4 which is provided in excel format in the CD. Table D-4.5: Credit Notes
Field Field description Explanation
NO Sequence number Identify each transaction, or line item, in the sales listing, by sequence number (i.e. the first transaction is “1”, the second is “2”, and so on) CODE Company internal As in Table D-4.4: Sales Listing coding system CRD- Credit note number Indicate the number of the credit note NO CRD-DT Date of credit note Indicate the date of the credit note issued INV-NO Relating invoice Ensure that this corresponds where appropriate to the number number given in Table D-4.4: Sales Listing CUST Customer number As in Table D-4.4: Sales Listing VOL Volume of sales Provide volume of product credited (MT) VAL Value credited Provide the value of product credited
11 SECTION E COSTS
E-1 Accounting System and Policies
1. Indicate accounting period or financial year of your company. If any changes have occurred with respect to the accounting period or accounting practices over the last five years, explain the changes in detail and supply supporting documents.
2. Attach audited accounts, i.e. balance sheet, profit and loss statement, notes to the accounts and auditor’s opinion, for the three most recent completed financial years as available.
3. If your company sells via a related company, provide the accounts of that company. If your company is part of a group of companies, also supply the consolidated accounts of the group for the three most recent completed financial years as available.
4. For the investigation period, provide manufacturing and/or income statements of the division or section/s of your business which is responsible for the production and sale of the PUI. If it is not possible, please provide the lowest financial breakdown for products that include the PUI.
5. Indicate the address where the accounting records concerning the activities of the company are located. If they are maintained in different locations, indicate which record is kept at which location.
6. Describe the cost accounting system used by your company to record the production costs of the PUI and state whether standard costs or actual costs were used in reporting per unit costs including the allocations of the variances. Give details of the frequency of standard cost revisions.
7. Describe methods used in your general accounting system. For example:
a. How do you value stock? b. How do you deal with incidental revenue? c. What methods do you use to allocate costs from general cost categories to a specific product? d. How do you determine depreciation and useful life of fixed assets? e. If standard costing is used rather than actual costs, describe methods used to determine standards, the frequency of revisions and the treatment of variances f. How do you deal with costs and revenue of any by-product?
12 E-2 Cost to Make and Sell
1. Provide (in the format shown at Table E-2.1) the actual unit cost to make and sell for each model/type of the PUI. Shown the period for which the calculations are valid and, where possible, any supporting documentation and worksheets supporting your calculation. It is necessary to shown all the costs associated with the manufacture and sale of the products. If possible, please provide CD/thumbdrive containing the information required encoded in Excel formats.
2. Where the figures in the table shown the difference in specifications exist between products sold to the domestic market and those sold for export, give reasons and supporting evidence for these differences.
3. If, in the table, your allocation of selling, administration, finance and other costs differs from the proportion these costs bear to sales revenue as shown in your Profit and Loss statement for the period under investigation, please give details and reasons.
4. If the fully absorbed cost to make and sell any one model/type of the like goods sold on the domestic market or to customers in other countries exceeds net selling prices, please comment on reasons for these sales at a loss.
5. Further to Question 4, do you expect to recover the losses on these sales? If so give reasons and indicate over what period of time the losses would be expected to recover?
6. Give details and an explanation of any significant differences between the costs shown and the costs normally determined in accordance with your general accounting system. Particular reference should be made to those differences arising from movements in inventory and variances arising under standard costing methods.
13 Table E-2.1 – Cost To Make and Sell per Unit
Provide data for each type/model of the PUI on quarterly basis for the three years (including of POI).
Type/Model/Grade : ______Year : ______
Quarter Quarter Quarter Quarter COST TO MAKE Ended Ended Ended Ended A. Production Volume (MT)
B. Variable Manufacturing Costs Raw materials: - local - imported Direct labour Other (specify) C. Fixed Manufacturing Costs Depreciation Other mfg. Overheads (specify) D. Work In Progress (+) Opening work in progress (-) Closing work in progress E. TOTAL COST TO MAKE (B+C+D) F. UNIT COST TO MAKE (E/A) COST TO MAKE & SELL G. Sales Volume (MT) - Domestic sales of local production (excluding internal transfers) - Export sales of local production Selling & Distribution Expenses (specify) Administration & Other Expenses (specify) Financial Expenses (specify) TOTAL COST TO SELL (H+I+J) UNIT COST TO SELL (H+I+J)/G M. UNIT COST TO MAKE & SELL (F+L)
14 SECTION F PROFITABILITY, RETURN AND CASH FLOW
F-1 Profitability
1. Complete and explain the Table F-1.1 for your sales transactions to unrelated parties in Malaysia
Table F-1.1: Profitability
Year 1 Year 2 POI Description Domestic Export Domestic Export Domestic Export (RM) (RM) (RM) (RM) (RM) (RM) Sales Less: Cost of Sales Gross Profit Less: Selling, General and Administrative Expenses Profit/ (Loss) Other Income/ (Expense) Net Profit
F-2 Return on Total Assets
Complete and explain Table F-2 for the return on total assets employed in the production of PUI. If you cannot complete the table at this level, for example because certain assets are used in the production of other products, you should base your answer on the next appropriate level of your business, explaining what impact this has on the level and trend of the return identified.
Table F-2: Return on Total Assets
Description Year 1 Year 2 POI A. Net income* (RM) B. Total assets* (RM) C. Return on total assets (A/B) x 100 * Net income = Net profit after interest * Total Asset = Net Book Value of Non Current Assets + Current Assets
15 F-3 Cash Flow
Complete and explain Table F-3 for the cash flows arising from your company’s activities in the production and sale of the PUI. If you are unable to complete the table at this detailed level, please base your answer on the nearest appropriate level of your company’s overall business, identifying what business sector you have chosen and any impact this has on cash flows identified. Table F-3: Cash Flow Statement for the Product
Year 1 Year 2 POI CASH FLOW STATEMENT (RM) (RM) (RM)
Operating Income Adjustment to reconcile net income to net cash provided by operating activities: Depreciation and amortization Changes in other accounts affecting operations: (Increase)/ decrease in accounts receivable (Increase)/ decrease in inventories (Increase)/ decrease in prepaid expenses Increase/ (decrease) in account payable Increase/ (decrease) in taxes payable Others (specify) Net cash provided by operating activities
F-4 Investments 1. Complete and explain Table F-4.1 showing investments made by your company. Figures should be provided for the net investment made each year and an estimate of the allocation to the product. Please indicate whether the investments are replacement or new investments. Table F-4.1: Investments
Year 1 Year 2 POI Description (RM) (RM) (RM) Total Company Investments
16 Total investments for the product (If any) of which: Capital : - Buildings - Machinery & equipment - Other (specify) Non Capital : - R&D - Other (specify) F-5 Minimum Profit Required
Express the level of profit as a percentage of turnover or on any other basis if considered more appropriate. Explain how you arrived to the level of profit stated.
F-6 Ability to Raise Capital
Has your ability to raise capital (new loans/share issues) been adversely affected by the allegedly dumped imports? If so, please give details and what affect this had on your activities in the area of the product concerned, e.g. curtailment or postponement of new investments, cutbacks in research and development.
17 SECTION G PUBLIC INTEREST
The applicant has made a number of statements regarding the Malaysian market and material injury. You may wish to provide comments on the Malaysian market, trends generally and/or any other factors you consider relevant to the claims of material injury.
It should be noted that any comments you make at this point must be supported by factual and documentary evidence at the time of submission and also available in a non-confidential form if they are to be taken into account by MITI. .
G-1 Malaysian Market
Provide a general outline and trends of the Malaysian market from your perspective and provide comments on any other factors you believe affect the Malaysian industry such as supply and demand, prices, the relative importance of imports, etc.
G-2 Material Injury
1. Provide comments on each specific claim made by the applicant with regard to material injury.
2. Is there any more information you can provide on the effects of the imports of the PUI from the alleged country on your business that you feel has a bearing on the present investigation?
G-3 Price Comparison
Do you have evident of the prices being practised by imports of the PUI (e.g. price lists)? If so, please provide details and enclose copies of any relevant documents
G-4 Effect of Continued Imports
What would happen to your business and the market in general if the imports of PUI were to continue in their current trend without corrective measures being taken by the institutions of Malaysia? Explain the reasons for your view.
G-5 Causal Link
Provide details of any other factors you consider to be the cause of the material injury claimed by the applicant.
18 G-6 General Comments
1. Gives your comments on the allegations made by the applicant that has claimed to be materially injured because of dumped and/or subsidised imports.
2. Provide comments on any other issues you consider relevant which you believe will assist in your rebuttal of the applicant’s allegations or strengthening the applicant’s allegations.
19 CHECKLIST
The purpose of the following checklist is to ensure that you have answered all questions in section A to section G, and to permit a quick survey on information, which may be missing. Tick the box where complete information is submitted or where information has not sufficiently been provided:
Tick if complete Tick if information is information is not Section submitted or insufficiently submitted
Section A: Company Structure and Operations
Section B: Product Description
Section C: Operation
Section D: Sales
Section E: Costs
Section F: Profitability, Return And Cash Flow
Section G: Public Interest Appendix 1
Guidelines to Complete the Non-Confidential Version
1. All non- confidential submission will be made available in public file for viewing only.
2. When completing the non-confidential submission you should bear in mind that all exporters, importers, Malaysian domestic producers and other interested parties will have access to it. The non-confidential submission should be sufficiently details to permit a reasonable understanding of the substance of the information submitted in confidence.
3. In order to assist you in completing the non-confidential submission we advise you to:
a. Use the completed confidential questionnaire response as a basis. Identify all information in the confidential response, which you consider is not confidential, and copy it to the non-confidential version.
b. After this, check once more whether the information you did not copy to the non-confidential response is really confidential. If you still consider it to be confidential, summarise the confidential information in non-confidential form. If, in exceptional circumstances, it is not possible to even summarise the confidential information, give reasons, why summarisation is not possible.
c. If the authorities find that a request for confidentiality is not warranted and if the supplier of the information is either unwilling to make the information public or to authorise its disclosure in generalised or summary form, the authorities may disregard such information unless it can be demonstrated to their satisfaction from appropriate sources that the information is correct.
4. Example on how to summarise confidential information:
a. When the information concerns numbers for various years, you can use indices.
Example of confidential information:
Year 1 Year 2 POI RM 20,000 RM 30,000 RM 40,000
The non-confidential summary could be:
Year 1 Year 2 POI 100 150 200 b. When the information concerns a single number, you can apply a % change to it.
Example of confidential figure: “Cost of production is RM 300 per tonne.”
The non-confidential summary could be: “Cost of production is RM330 per tonne” (+ footnote saying: actual number have been amended by a margin of maximum + 10%, to protect confidentiality”) c. When the confidential information concerns text, you can either summarise it or eliminate the names of parties by indicating their function.
Example of confidential information: “ TRADING COMPANY Ltd., stated that the prices of imports were 20% lower.”
The non-confidential summary could read: “(one of the customers), stated that the prices of imports were 20% lower.” Appendix 2 The Product under Investigation
1. The product under investigation is flat-rolled products of iron or non-alloy steel, hot rolled, not clad, plated or coated, in coils.
2. The product under investigation is classified under Harmonized System Code (H.S. Code) 7208.36.000, 7208.37.000, 7208.38.000, 7208.39.100, 7208.39.910, 7208.39.990. This H. S. Code number is given only for information but has no binding effect on the classification of the subject merchandise. Appendix 3
Table D-4.4: Sales Listing (The format is provided in the CD)
Volume Company Net Invoice Invoice Customer Gross Payment Delivery Delivery Sequence internal Customer invoice level of of invoice Discounts Commissions number coding number number date trade sales value terms terms costs system value (MT) NO CODE INV-NO INV-DT CUST LEV VOL GR-VAL DISC NT-VAL PAY-TM DEL-TM DEL-CS COMM
Appendix 4
Table D-4.5: Credit Notes (The format is provided in the CD)
Company Relating Sequence internal Credit note Date of credit Customer Volume invoice Value credited number coding number note number of sales (MT) number system NO CODE CRD-NO CRD-DT INV-NO CUST VOL VAL