CV : China Certain New Pneumatic Off-the-Road Tires

CV Liquidation Suspended Thru April 14, Liquidation Reinstated on April 15

The ITA previously instructed CBP to discontinue the suspension of liquidation/cash deposit/bond requirements for CV duty purposes on all shipments of subject merchandise with a time of entry on or after April 15, 2008, but to continue the suspension of liquidation of shipments with a time of entry of December 17, 2007 through April 14, 2008.

CV suspension of liquidation and cash deposit requirements will not resume unless and until the ITA imposes a CV order on subject merchandise.

Entries of OTR Tires During Gap Period Are Not Liable for CV Duties

Shipments with a time of entry during the "gap period," when CV liquidation was reinstated, will not be liable for any CV duties. (The "gap period" began on April 15, 2008 and ends on the day before a CV order, if any, is imposed.)

CV Liquidation to be Suspended Again, CV Cash Deposit Required, if Final Injury

The ITA will issue a CV duty order and reinstate the suspension of liquidation for subject merchandise if the ITC issues a final affirmative CV injury determination (or threat or material retardation thereof), and will require a cash deposit of estimated CV duties for such entries of merchandise in the amounts indicated below.

(If the ITC determines that CV material injury to, threat of material injury to, or material retardation of, the domestic industry does not exist, this proceeding will be terminated and all estimated duties deposited or securities posted as a result of the suspension of liquidation will be refunded or canceled.)

Changes to the Scope of the Investigation

The ITA has amended two paragraphs in the scope of this investigation, as follows (deleted text is crossed out, added text is underlined; see final determination for scope of investigation without changes annotated):

(1) " The foregoing list of vehicles and equipment generally have in common that they are used for hauling, towing, lifting, and/or loading a wide variety of equipment and materials in agricultural, construction and industrial settings. Such vehicles and equipment, and the foregoing descriptions contained in the footnotes are illustrative of the types of vehicles and equipment that use certain OTR tires, but are not necessarily all-inclusive.

(2) "The following types of tires are also excluded from the scope: Pneumatic tires that are not new, including recycled or retreaded tires and used tires; non-pneumatic tires, including solid rubber tires; tires of a kind designed for use on aircraft, all-terrain vehicles, and vehicles for turf, lawn and garden, golf and trailer applications.; and,Also excluded from the scope are radial and bias tires of a kind designed for use in mining and construction vehicles and equipment that have a rim diameter equal to or exceeding 39 inches.

(See ITA notice for more information, the final negative determination of critical circumstances, etc. See ITT's Online Archives or 12/18/07 news, 07121825, for BP summary of the ITA's preliminary affirmative CV determination.

See ITT's Online Archives or 04/30/08 news, 08043035, for BP summary of CBP's liquidation instructions for the discontinuation of the suspension of liquidation for the subject CV duty order.

See today's issue of ITT, 08071640, for BP summary of the final affirmative antidumping duty determination for OTR tires from China.)

ITA contact -Mark Hoadley (202) 482-3148

ITA notice (FR Pub 07/15/08) available at http://edocket.access.gpo.gov/2008/pdf/E8-16154.pdf

ITA fact sheet available at http://ia.ita.doc.gov/download/factsheets/factsheet-prc-tires-final-070808.pdf