OMB No. 3117-0016/USITC No. 16-1-3543; Expiration Date: 6/30/2017

OMB No. 3117-0016/USITC No. 16-1-3543; Expiration Date: 6/30/2017

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U.S. PRODUCERS’ QUESTIONNAIRE

CERTAIN EMULSION STYRENE-BUTADIENE RUBBER

This questionnaire must be received by the Commission by August 4, 2016

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 investigations concerning emulsion styrene-butadiene rubber (“ESBR”) from Brazil, Korea, Mexico, and Poland (Inv. Nos. 731-TA-1334-1337 (Preliminary)). The information requested in the questionnaire is requested under the authority of the Tariff Act of 1930, title VII. This report is mandatory and failure to reply as directed can result in a subpoena or other order to compel the submission of records or information in your firm’s possession (19 U.S.C. § 1333(a)).

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 investigation or other proceeding may be disclosed to and used: (i) by the Commission, its employees and Offices, and contract personnel (a) for developing or maintaining the records of this or a related proceeding, or (b) in internal investigations, audits, reviews, and evaluations relating to the programs, personnel, and operations of the Commission including under 5 U.S.C. Appendix 3; or (ii) by U.S. government employees and contract personnel, solely for cybersecurity purposes. I understand that all contract personnel will sign appropriate nondisclosure agreements

Name of Authorized Official Title of Authorized Official Date

Phone:

Signature Email address

Fax:

Business Proprietary

U.S. Producers’ Questionnaire - ESBR (Preliminary)Page 1

PART I.—GENERAL INFORMATION

Background. This proceeding was instituted in response to petitions filed on July 21, 2016, by Lion Elastomers LLC (Port Neches, TX) and East West Copolymer, LLC (Baton Rouge, LA). Antidumping duties may be assessed on the subject imports as a result of these proceedings if the Commission makes an affirmative determination of injury, threat, or material retardation, and if the U.S. Department of Commerce makes an affirmative determination of dumping. Questionnaires and other information pertinent to this proceeding are available at

https://www.usitc.gov/investigations/701731/2016/emulsion_styrene_butadiene_rubber_brazil_korea/preliminary.htm

Certain emulsion styrene-butadiene rubber (“ESBR”).--The product covered by these investigations is emulsion styrene-butadiene rubber, regardless of form. ESBR consists of cold non-pigmented rubbers and cold oil extended non-pigmented rubbers that contain at least one percent of organic acids from the emulsion polymerization process. ESBR is produced and sold in accordance with a generally accepted set of product specifications issued by the International Institute of Synthetic Rubber Producers (“IISRP”). The scope of these investigations covers grades of ESBR included in the IISRP 1500 and 1700 series of synthetic rubbers. The 1500 grades are light in color and are often described as “Clear” or “White Rubber.” The 1700 grades are oil-extended and thus darker in color, and are often called “Brown Rubber.” Specifically excluded from the scope of these investigations are products which are manufactured by blending ESBR with other polymers, high styrene resin master batch, carbon black master batch (i.e., IISRP 1600 series and 1800 series) and latex (an intermediate product).

The products subject to these investigations are currently imported under the following Harmonized Tariff Schedule of the United States (“HTSUS”) provisions: 4002.19.0015 and 4002.19.0019. ESBR is described by Chemical Abstract Services (“CAS”) Registry No. 9003-55-8. This CAS number also refers to other types of styrene butadiene rubber. Although the HTSUS subheadings and CAS registry number are provided for convenience and customs purposes, the written description of the scope of these investigations is dispositive.

Reporting of information. If information is not readily available from your records, provide carefully prepared estimates. If your firm is completing more than one questionnaire (i.e., a producer, importer, and/or purchaser questionnaire), you need not respond to duplicated questions.

Confidentiality.--The commercial and financial data furnished in response to this questionnaire that reveal the individual operations of your firm will be treated as confidential by the Commission to the extent that such data are not otherwise available to the public and will not be disclosed except as may be required by law (see 19 U.S.C. § 1677f). Such confidential information will not be published in a manner that will reveal the individual operations of your firm; however, general characterizations of numerical business proprietary information (such as discussion of trends) will be treated as confidential business information only at the request of the submitter for good cause shown.

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. In addition, if your firm is a U.S. producer, the information you provide on your production and imports of ESBR and your responses to the questions in Part I of the producer questionnaire will be provided to the U.S. Department of Commerce, upon its request, for use in connection with (and only in connection with) its requirement pursuant to section 702(c)(4)/732(c)(4) of the Act (19 U.S.C. § 1671a(c)(4)/1673a(c)(4)) to make a determination concerning the extent of industry support for the petition requesting this proceeding. Any information provided to Commerce will be transmitted under the confidentiality and release guidelines set forth above. Your response to these questions constitutes your consent that such information be provided to Commerce under the conditions described above.

I-1a.OMB statistics.--Please report below the actual number of hours required and the cost to your firm of completing this questionnaire.

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 50 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-1b.TAA information release.--In the event that the U.S. International Trade Commission (USITC) makes an affirmative final determination in this proceeding, do you consent to the USITC's release of your contact information (company name, address, contact person, telephone number, email address) appearing on the front page of this questionnaire to the Departments of Commerce, Labor, and Agriculture, as applicable, so that your firm and its workers can be made eligible for benefits under the Trade Adjustment Assistance program?

Yes No

I-2.Establishments covered.--Provide the city, state, zip code, and brief description of each establishment covered by this questionnaire. If your firm is publicly traded, please specify the stock exchange and trading symbol in the footnote to the table. Firms operating more than one establishment should combine the data for all establishments into a single report.

“Establishment” Each facility of a firm involved in the production of ESBR, including auxiliary facilities operated in conjunction with (whether or not physically separate from) such facilities.

I-3.Petition support.--Does your firm support or oppose the petition?

I-4.Ownership.--Is your firm owned, in whole or in part, by any other firm?

No Yes--List the following information.

I-5.Related importers/exporters.--Does your firm have any related firms, either domestic or foreign, that are engaged in importing ESBR from Brazil, Korea, Mexico, and Poland into the United States or that are engaged in exporting ESBR from Brazil, Korea, Mexico, and Poland to the United States?

No Yes--List the following information.

I-6.Related producers.--Does your firm have any related firms, either domestic or foreign, that are engaged in the production of ESBR?

No Yes--List the following information.

PART II.--TRADE AND RELATED INFORMATION

Further information on this part of the questionnaire can be obtained from Nathanael Comly
(, 202-205-3174). 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.

II-2.Changes in operations.--Please indicate whether your firm has experienced any of the following changes in relation to the production of ESBR since January 1, 2013.

II-3a.Production using same machinery.-- Please report your firm’s production of products made on the same equipment and machinery used to produce ESBR, and the combined production capacity on this shared equipment and machinery in the periods indicated.

“Overall production capacity” or “capacity” – The level of production that your establishment(s) could reasonably have expected to attain during the specified periods. Assume normal operating conditions (i.e., using equipment and machinery in place and ready to operate; normal operating levels (hours per week/weeks per year) and time for downtime, maintenance, repair, and cleanup).

“Production” – All production in your U.S. establishment(s), including production consumed internally within your firm and production for another firm under a toll agreement.

II-3b.Operating parameters.--The production capacity reported in II-3a is based on operating hours per week, weeks per year.

II-3c.Capacity calculation.--Please describe the methodology used to calculate overall production capacity reported in II-3a, and explain any changes in reported capacity.

II-3d.Production constraints.--Please describe the constraint(s) that set the limit(s) on your firm’s production capacity.

II-3e.Product shifting.—

(i)Is your firm able to switch production (capacity) between ESBR and other products using the same equipment and/or labor?

No Yes-- (i.e., have produced other products or are able to produce other products). Please identify other actual or potential products: .

(ii)Please describe the factors that affect your firm’s ability to shift production capacity between products (e.g., time, cost, relative price change, etc.), and the degree to which these factors enhance or constrain such shifts.

II-4.Tolling.--Since January 1, 2013, has your firm been involved in a toll agreement regarding the production of ESBR?

“Toll agreement”--Agreement between two firms whereby the first firm furnishes the raw materials and the second firm uses the raw materials to produce a product that it then returns to the first firm with a charge for processing costs, overhead, etc.

No Yes--Please describe the toll arrangement(s) and name the firm(s) involved

II-5.Foreign trade zones.--

(a)Firm's FTZ operations.--Does your firm produce ESBR in and/or admit ESBR into a foreign trade zone (FTZ)?

“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. A foreign trade zone must be designed as such pursuant to the rules and procedures set forth in the Foreign-Trade Zones Act.

No Yes--Describe the nature of your firms operations in FTZs and identify the specific FTZ site(s).

(b)Other firms' FTZ operations.--To your knowledge, do any firms in the United States import ESBR into a foreign trade zone (FTZ) for use in distribution of ESBR and/or the production of downstream articles?

No/Don’t know Yes--Identify the firms and the FTZs.

II-6.Importer.--Since January 1, 2013, has your firm imported ESBR?

“Importer” – The person or firm primarily liable for the payment of any duties on the merchandise, or an authorized agent acting on his behalf. The importer may be the consignee, or the importer of record.

No Yes--COMPLETE AND RETURN A U.S. IMPORTERS’ QUESTIONNAIRE

II-7.Production, shipment and inventory data.--Report your firm’s production capacity, production, shipments, and inventories related to the production of ESBR in its U.S. establishment(s) during the specified periods.

“Average production capacity” or “capacity” – The level of production that your establishment(s) could reasonably have expected to attain during the specified periods. Assume normal operating conditions (i.e., using equipment and machinery in place and ready to operate; normal operating levels (hours per week/weeks per year) and time for downtime, maintenance, repair, and cleanup; and a typical or representative product mix).

“Production” – All production in your U.S. establishment(s), including production consumed internally within your firm and production for another firm under a toll agreement.

“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.

“Transfers to related firms” –Shipments made to related domestic firms. Such transactions are valued at fair market value.

“Related firm” –A firm that your firm solely or jointly owns, manages, or otherwise controls. Such transactions are valued at fair market value.

“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.
II-7.Production, shipment and inventory data.--

II-8.Channels of distribution.--Report your firm’s commercial U.S. shipments by channel of distribution.