Thailand Truck and Bus Tires: New AD Investigations Deadlines and Scope

The International Trade Commission will conduct a concurrent investigation to determine whether imports of dumped truck and bus tires from Thailand are injuring U.S. industry. If the ITC finds no injury in its preliminary injury determination, due Dec. 1, the investigation will immediately end. If Commerce finds dumping in the preliminary determination of this investigation, due in March, it will set AD cash deposit requirements for imports of merchandise subject to the investigation. If both Commerce and the ITC reach affirmative final determinations, Commerce will issue an AD order making duties permanent and beginning a process of annual administrative reviews to set final assessments of AD on importers and potentially change AD cash deposit rates.

AD Respondent Selection

Commerce intends to use CBP data to pick respondents to its AD duty investigation. Comments on respondent selection are due Nov. 17.

Scope of the AD/CVD Investigations

"The scope of the investigation covers truck and bus tires. Truck and bus tires are new pneumatic tires, of rubber, with a truck or bus size designation. Truck and bus tires covered by the scope may be tube-type, tubeless, radial, or non-radial (also known as bias construction or bias-ply).

"Subject tires have, at the time of importation, the symbol “DOT” on the sidewall, certifying that the tire conforms to applicable motor vehicle safety standards. Subject tires may also have one of the following suffixes in their tire size designation, which also appear on the sidewall of the tire:

"TR—Identifies tires for service on trucks or buses to differentiate them from similarly sized passenger car and light truck tires; and

"HC—Identifies a 17.5 inch rim diameter code for use on low platform trailers.

"All tires with a “TR” or “HC” suffix in their size designations are covered by the scope regardless of their intended use.

"In addition, all tires that lack one of the above suffix markings are included in the scope, as well as all tires that include any other prefix or suffix in their sidewall markings, are included in the scope, regardless of their intended use, as long as the tire is of a size that fits trucks or busses. Sizes that fit trucks and busses include, but are not limited to, the numerical size designations listed in the “Truck-Bus” section of the Tire and Rim Association Year Book, as updated annually. The scope includes all tires that are of a size that fits trucks or busses, unless the tire falls within one of the specific exclusions set out below.

"Truck and bus tires, whether or not mounted on wheels or rims, are included in the scope. However, if a subject tire is imported mounted on a wheel or rim, only the tire is covered by the scope. Subject merchandise includes truck and bus tires produced in the subject country whether mounted on wheels or rims in the subject country or in a third country. Truck and bus tires are covered whether or not they are accompanied by other parts, e.g., a wheel, rim, axle parts, bolts, nuts, etc. Truck and bus tires that enter attached to a vehicle are not covered by the scope.

"Specifically excluded from the scope are the following types of tires: (1) pneumatic tires, of rubber, that are not new, including recycled and retreaded tires; (2) non-pneumatic tires, such as solid rubber tires; and (3) tires that exhibit each of the following physical characteristics: (a) the designation “MH” is molded into the tire’s sidewall as part of the size designation; (b) the tire incorporates a warning, prominently molded on the sidewall, that the tire is for “Mobile Home Use Only;” and (c) the tire is of bias construction (also known as non-radial construction) as evidenced by the fact that the construction code included in the size designation molded into the tire’s sidewall is not the letter “R.”

"The subject merchandise is currently classifiable under Harmonized Tariff Schedule of the United States (HTSUS) subheadings: 4011.20.1015 and 4011.20.5020. Tires meeting the scope description may also enter under the following HTSUS subheadings: 4011.90.1010, 4011.90.1050, 4011.90.2010, 4011.90.2050, 4011.90.8010, 4011.90.8050, 8708.70.4530, 8708.70.4546, 8708.70.4548, 8708.70.4560, 8708.70.6030, 8708.70.6045, 8708.70.6060, and 8716.90.5059.

"While HTSUS subheadings are provided for convenience and for customs purposes, the written description of the subject merchandise is dispositive."

Participants in the AD investigations may submit comments on product coverage under the scope of the investigations. Comments on the scope are due by Nov. 27.

Investigations Timetable

These deadlines may be, and usually are, extended. The Commerce Department fact sheet on the initiation of these investigations is here. See 2310180049 for a summary of the petition requesting these investigations.