AD: Order, Rates Amended, for China New Pneumatic Off-the-Road Tires

Combination Rates

The ITA has calculated combination rates for respondents that are eligible for a separate rate in this investigation. (See ITT's Online Archives or 04/11/05 news, (Ref: 05041110), for BP summary of 2005 policy bulletin outlining this change in practice with regard to AD combination rates for non-market economies (NMEs).)

Xugong Excluded from AD Order

The ITA continues to find a zero weighted-average dumping margin for subject merchandise exported and produced by mandatory respondent Xuzhou Xugong Tyres Co., Ltd.

Therefore, OTR tires exported and produced by Xugong are not subject to any of the AD suspension of liquidation or AD cash deposit/bond requirements listed below, and are excluded from the AD order.

ITC Finds Negative AD Critical Circumstances for All

The International Trade Commission made a final determination that AD critical circumstances do not exist with respect to any imports of OTR tires from China.

The ITA previously found that critical circumstances existed for the China-wide entity.

Therefore, the ITA will instruct U.S. Customs and Border Protection to lift suspension, release any bond or other security, and refund any cash deposit made to secure the payment of AD duties for entries of OTR tires from the China-wide entity with a time of entry on or after November 22, 2007 through February 19, 2008 (i.e., the 90 day period prior to publication of the preliminary AD duty determination).

AD Suspension of Liquidation Instructions

For this investigation, the six month period for which the AD suspension of liquidation may remain in effect before an order is issued began on February 20, 2008 (the date of the publication of the preliminary determination) and ended on August 18, 2008.

AD suspension of liquidation resumed on the effective date of this AD duty order, which is September 5, 2008, the date of publication of the ITC’s final injury determination.

Therefore, the ITA will instruct CBP to terminate the suspension of liquidation and to liquidate, without regard to AD duties, unliquidated entries of OTR tires from China with a time of entry on or after August 19, 2008 through September 4, 2008.

For entries with a time of entry on or after February 20, 2008 through August 18, 2008, AD suspension of liquidation remains in effect.

Entries of Subject Merchandise During Gap Period Are Not Liable for AD Duties

Entries of subject merchandise from China with a time of entry during the "gap period," on or after August 19, 2008 through September 4, 2008, are not liable for the assessment of AD duties.

AD Cash Deposit Requirements

CBP will require an AD cash deposit at the revised (except for the China-wide entity) rates specified below for entries of OTR tires from China with a time of entry on or after September 5, 2008 (the date the ITC’s final injury determination was published):

(a) The ITA found that Xugong's overall AD margin is zero.

(See ITA notice for more information, including the scope of the order, etc. See ITT’s Online Archives or 07/16/08 news, (Ref: 08071640), for BP summary of the ITA’s final affirmative AD determination.

See ITT's Online Archives or 02/21/08 news, (Ref: 08022140), for BP summary of the ITA's preliminary affirmative AD determination. See ITT's Online Archives or 04/22/08 news, (Ref: 08042235), for BP summary of the ITA's preliminary determination of critical circumstances for the China-wide entity.

See today's issue of ITT, (Ref: 08090540), for BP summary of the countervailing (CV) duty order for OTR tires from China.)

ITA contact --Lilit Astvatsatrian (202) 482-6412

ITA notice (FR Pub 09/04/08) available at http://edocket.access.gpo.gov/2008/pdf/E8-20569.pdf

ITC final injury determination (FR Pub 09/05/08) available at http://edocket.access.gpo.gov/2008/pdf/E8-20532.pdf