Truck and Bus Tires From the People's Republic of China: Initiation of Countervailing Duty Investigation |
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Ronald K. Lorentzen
Department of Commerce
25 February 2016
[Federal Register Volume 81, Number 37 (Thursday, February 25, 2016)]
[Notices]
[Pages 9428-9432]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-04063]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-570-041]
Truck and Bus Tires From the People's Republic of China:
Initiation of Countervailing Duty Investigation
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
DATES: Effective: February 25, 2016.
FOR FURTHER INFORMATION CONTACT: Jennifer Shore or Mark Kennedy, AD/CVD
Operations, Office I, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW., Washington, DC 20230; telephone (202) 482-2778, or (202) 482-1293,
respectively.
SUPPLEMENTARY INFORMATION:
The Petition
On January 29, 2016, the Department of Commerce (the Department)
received a countervailing duty (CVD) petition concerning imports of
certain truck and bus tires from the People's Republic of China (the
PRC), filed in proper form by the United Steel, Paper and Forestry,
Rubber, Manufacturing, Energy, Allied Industrial and Service Workers
International Union, AFL-CIO, CLC (USW) (USW or the petitioner).\1\ The
CVD petition was accompanied by an antidumping duty (AD) petition
concerning imports of truck and bus tires from the PRC. The petitioner
is a recognized union, which represents the domestic industry engaged
in the manufacture of truck and bus tires in the United States. On
February 3 and February 5, 2016, the Department requested additional
information and clarification of certain areas of the Petition \2\ and
on February 5 and February 9, 2016, the petitioner filed supplements to
the Petition.\3\
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\1\ See ``Petition for the Imposition of Countervailing Duties
on Imports of Truck and Bus Tires from the People's Republic of
China'' dated January 29, 2016 (the Petition).
\2\ See Letters to the petitioner, ``Petition for the Imposition
of Antidumping and Countervailing Duties on Imports of Truck and Bus
Tires from the People's Republic of China: Supplemental Questions''
dated February 3, 2016 (General Issues Supplemental Questions) and
``Petition for the Imposition of Countervailing Duties on Imports of
Certain Truck and Bus Tires from the People's Republic of China:
Supplemental Questions'' dated February 5, 2016 (CVD Supplemental
Questions).
\3\ See ``Petitioner's Response to the Department's February 3,
2016 Supplemental Questions Regarding General Issues'' dated
February 5, 2016 (General Issues Supplement); see also
``Petitioner's Response to the Department's February 5 Supplemental
Questions Regarding the Countervailing Duty Petition,'' dated
February 9, 2016.
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In accordance with section 702(b)(1) of the Tariff Act of 1930, as
amended (the Act), the petitioner alleges that producers/exporters of
truck and bus tires in the PRC received countervailable subsidies
within the meaning of sections 701 and 771(5) of the Act, and that
imports from these producers/exporters are materially injuring, or
threatening material injury to, an industry in the United States. Also,
consistent with section 702(b)(1) of the Act, the Petition is
accompanied by information reasonably available to the petitioner in
support of its allegations.
The Department finds that the petitioner filed the petition on
behalf of the domestic industry because the petitioner is an interested
party as defined in section 771(9)(D) of the Act, and has demonstrated
sufficient industry support with respect to the initiation of the CVD
investigation that it is requesting.\4\
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\4\ See ``Determination of Industry Support for the Petition''
section, below.
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Period of Investigation
The period of investigation (POI) is calendar year 2015, in
accordance with 19 CFR 351.204(b)(2).
Scope of the Investigation
The product covered by this investigation is truck and bus tires
from the PRC. For a full description of the scope of the investigation,
see the ``Scope of the Investigation'' at the Appendix of this notice.
Comments on the Scope of the Investigation
During our review of the petition, we issued questions to, and
received responses from, the petitioner pertaining to the proposed
scope in order to ensure that the language of the scope is an accurate
reflection of the products for which the domestic industry is seeking
relief.\5\ As discussed in the Preamble to our regulations, we are
setting aside a period for interested parties to raise issues regarding
product coverage (scope).\6\ The period for scope comments is intended
to provide the Department with ample opportunity to consider all
comments and to consult with parties prior to the issuance of the
preliminary determination. If scope
[[Page 9429]]
comments include factual information,\7\ all such factual information
should be limited to public information. All such comments must be
filed no later than 5:00 p.m. Eastern Time (ET) on Wednesday, March 9,
2016, which is 20 calendar days from the signature date of this notice.
Any rebuttal comments, which may include factual information, must be
filed no later than 5:00 p.m. ET on Monday, March 21, 2016, because 10
calendar days after the initial comments falls on Saturday, March 19,
2016.\8\ The Department requests that any factual information the
parties consider relevant to the scope of the investigation be
submitted during this time period. However, if a party subsequently
finds that additional factual information pertaining to the scope of
the investigation may be relevant, the party may contact the Department
and request permission to submit the additional information. All such
comments must be filed on the records of the CVD investigation, as well
as the concurrent AD investigation.
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\5\ See General Issues Supplemental Questionnaire; see also
General Issues Supplement at 2 and Exhibit I-SQ-1, and the
memorandum to the File entitled ``Phone Call with Counsel to the
Petitioner'' dated February 12, 2016.
\6\ See Antidumping Duties; Countervailing Duties (Final Rule);
62 FR 27296, 27323 (May 19, 1997).
\7\ See 19 CFR 351.102(b)(21).
\8\ See 19 CFR 351.303(b)(1) (``For both electronically filed
and manually filed documents, if the applicable due date falls on a
non-business day, the Secretary will accept documents that are filed
on the next business day.'')
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Filing Requirements
All submissions to the Department must be filed electronically
using Enforcement and Compliance's Antidumping and Countervailing Duty
Centralized Electronic Service System (ACCESS). An electronically filed
document must be received successfully in its entirety no later than
5:00 p.m. ET on the date specified by the Department. Documents
excepted from the electronic submission requirements must be filed
manually (i.e., in paper form) with Enforcement and Compliance's APO/
Dockets Unit, Room 18022, U.S. Department of Commerce, 1401
Constitution Avenue NW., Washington, DC 20230, and stamped with the
date and time of receipt by the applicable deadline.\9\
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\9\ See 19 CFR 351.303(b); see also Antidumping and
Countervailing Duty Proceedings: Electronic Filing Procedures;
Administrative Protective Order Procedures, 76 FR 39263 (July 6,
2011), as amended in Enforcement and Compliance: Change of
Electronic Filing System Name, 79 FR 69046 (November 20, 2014), for
details of the Department's electronic filing requirements, which
went into effect on August 5, 2011. Information on help using ACCESS
can be found at https://access.trade.gov/help.aspx and a handbook
can be found at https://access.trade.gov/help/Handbook%20on%20Electronic%20Filling%20Procedures.pdf.
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Consultations
Pursuant to section 702(b)(4)(A)(i) of the Act, the Department
notified representatives of the Government of the People's Republic of
China (GOC) of the receipt of the Petition. Also, in accordance with
section 702(b)(4)(A)(ii) of the Act, the Department provided
representatives of the GOC the opportunity for consultations with
respect to the CVD petition. The GOC provided a document titled
``Consultations Points of the GOC,'' in lieu of holding
consultations.\10\
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\10\ See Memorandum to the File, ``Petition for the Imposition
of Countervailing Duties on Certain Truck and Bus Tires from The
People's Republic of China: Consultations Comments from the
Government of China,'' (February 16, 2016).
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Determination of Industry Support for the Petition
Section 702(b)(1) of the Act requires that a petition be filed on
behalf of the domestic industry. Section 702(c)(4)(A) of the Act
provides that a petition meets this requirement if the domestic
producers or workers who support the petition account for: (i) At least
25 percent of the total production of the domestic like product; and
(ii) more than 50 percent of the production of the domestic like
product produced by that portion of the industry expressing support
for, or opposition to, the petition. Moreover, section 702(c)(4)(D) of
the Act provides that, if the petition does not establish support of
domestic producers or workers accounting for more than 50 percent of
the total production of the domestic like product, the Department
shall: (i) Poll the industry or rely on other information in order to
determine if there is support for the petition, as required by
subparagraph (A); or (ii) determine industry support using a
statistically valid sampling method to poll the ``industry.''
Section 771(4)(A) of the Act defines the ``industry'' as the
producers as a whole of a domestic like product. Thus, to determine
whether a petition has the requisite industry support, the statute
directs the Department to look to producers and workers who produce the
domestic like product. The International Trade Commission (ITC), which
is responsible for determining whether ``the domestic industry'' has
been injured, must also determine what constitutes a domestic like
product in order to define the industry. While both the Department and
the ITC must apply the same statutory definition regarding the domestic
like product,\11\ they do so for different purposes and pursuant to a
separate and distinct authority. In addition, the Department's
determination is subject to limitations of time and information.
Although this may result in different definitions of the like product,
such differences do not render the decision of either agency contrary
to law.\12\
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\11\ See section 771(10) of the Act.
\12\ See USEC, Inc. v. United States, 132 F. Supp. 2d 1, 8 (CIT
2001) (citing Algoma Steel Corp., Ltd. v. United States, 688 F.
Supp. 639, 644 (CIT 1988), aff'd 865 F.2d 240 (Fed. Cir. 1989)).
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Section 771(10) of the Act defines the domestic like product as ``a
product which is like, or in the absence of like, most similar in
characteristics and uses with, the article subject to an investigation
under this title.'' Thus, the reference point from which the domestic
like product analysis begins is ``the article subject to an
investigation'' (i.e., the class or kind of merchandise to be
investigated, which normally will be the scope as defined in the
Petition).
With regard to the domestic like product, the petitioner does not
offer a definition of the domestic like product distinct from the scope
of the investigation. Based on our analysis of the information
submitted on the record, we have determined that truck and bus tires
constitute a single domestic like product and we have analyzed industry
support in terms of that domestic like product.\13\
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\13\ For a discussion of the domestic like product analysis in
this case, see Countervailing Duty Investigation Initiation
Checklist: Truck and Bus Tires from the People's Republic of China
(CVD Initiation Checklist), at Attachment II, Analysis of Industry
Support for the Antidumping and Countervailing Duty Petitions
Covering Truck and Bus Tires from the People's Republic of China
(Attachment II). This checklist is dated concurrently with this
notice and on file electronically via ACCESS. Access to documents
filed via ACCESS is also available in the Central Records Unit, Room
B8024 of the main Department of Commerce building.
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In determining whether the petitioner has standing under section
702(c)(4)(A) of the Act, we considered the industry support data
contained in the Petition with reference to the domestic like product
as defined in the ``Scope of the Investigation,'' in Appendix I of this
notice. To establish industry support, the petitioner estimated the
2015 production for each U.S. producer of truck and bus tires, by
plant. The petitioner based its estimates of 2015 truck and bus tire
production by plant on daily plant-specific production capacity data
published in Modern Tire Dealer. The petitioner multiplied the daily
production capacity data by 360 (to estimate annual capacity). The
petitioner estimated 2015 truck and bus tire production in the United
States using data on U.S. shipments, imports, and exports of truck and
bus tires in 2015. To calculate a capacity utilization rate for the
U.S. truck and bus tire industry in 2015, the petitioner compared
estimated U.S. production of
[[Page 9430]]
truck and bus tires in 2015 to the 2015 U.S. capacity to produce truck
and bus tires. To calculate total 2015 production of the domestic like
product by the petitioning plants, the petitioner applied the estimated
capacity utilization rate to the total annualized capacity of those
plants represented by the USW. In order to provide a conservative
calculation of total 2015 production of the domestic like product by
the U.S. truck and bus tire industry, the petitioner assumed that all
non-petitioning truck and bus tire plants (i.e., those not represented
by the USW) operated at full capacity in 2015 and added the full
production capacity of the non-petitioning plants to the estimated 2015
production of the plants represented by the USW. To calculate industry
support, the petitioner divided the estimated 2015 production of the
domestic like product for those plants represented by the USW by the
estimated production of the domestic like product in 2015 for the
entire U.S. truck and bus tires industry based on the conservative
utilization assumption.\14\ We relied on data the petitioner provided
for purposes of measuring industry support.\15\
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\14\ See Volume I of the Petition, at I-6--I-8 and Exhibits I-1
and I-11; see also General Issues Supplement, at 2-9 and Exhibits I-
SQ-2--I-SQ-18.
\15\ Id. For further discussion, see CVD Initiation Checklist,
at Attachment II.
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Our review of the data provided in the Petition, General Issues
Supplement, and other information readily available to the Department
indicates that the petitioner has established industry support.\16\
First, the Petition established support from workers accounting for
more than 50 percent of the total production of the domestic like
product and, as such, the Department is not required to take further
action in order to evaluate industry support (e.g., polling).\17\
Second, the workers have met the statutory criteria for industry
support under section 702(c)(4)(A)(i) of the Act because the workers
who support the Petition account for at least 25 percent of the total
production of the domestic like product.\18\ Finally, the workers have
met the statutory criteria for industry support under section
702(c)(4)(A)(ii) of the Act because the workers who support the
Petition account for more than 50 percent of the production of the
domestic like product produced by that portion of the industry
expressing support for, or opposition to, the Petition.\19\
Accordingly, the Department determines that the Petition was filed on
behalf of the domestic industry within the meaning of section 702(b)(1)
of the Act.
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\16\ See CVD Initiation Checklist, at Attachment II.
\17\ See section 702(c)(4)(D) of the Act; see also CVD
Initiation Checklist, at Attachment II.
\18\ See CVD Initiation Checklist, at Attachment II.
\19\ Id.
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The Department finds that the petitioner filed the Petition on
behalf of the domestic industry because it is an interested party as
defined in section 771(9)(D) of the Act and it has demonstrated
sufficient industry support with respect to the CVD investigation that
it is requesting the Department initiate.\20\
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\20\ Id.
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Injury Test
Because the PRC is a ``Subsidies Agreement Country'' within the
meaning of section 701(b) of the Act, section 701(a)(2) of the Act
applies to these investigations. Accordingly, the ITC must determine
whether imports of the subject merchandise from the PRC materially
injure, or threaten material injury to, a U.S. industry.
Allegations and Evidence of Material Injury and Causation
The petitioner alleges that imports of the subject merchandise are
benefitting from countervailable subsidies and that such imports are
causing, or threaten to cause, material injury to the U.S. industry
producing the domestic like product. In addition, the petitioner
alleges that subject imports exceed the negligibility threshold
provided for under section 771(24)(A) of the Act.\21\
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\21\ See Volume I of the Petition, at I-15 and Exhibit I-17.
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The petitioner contends that the industry's injured condition is
illustrated by reduced market share; underselling and price depression
or suppression; decline in shipments; shift in the domestic industry's
sales from the U.S. market to lower priced export markets; potential
declines in capacity utilization, employment, and profitability; lost
sales and revenues; and adverse impact on union contract
negotiations.\22\ We assessed the allegations and supporting evidence
regarding material injury, threat of material injury, and causation,
and we determined that these allegations are properly supported by
adequate evidence and meet the statutory requirements for
initiation.\23\
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\22\ Id., at I-12, I-15 through I-32 and Exhibits I-2, I-10, I-
17 through I-30.
\23\ See CVD Initiation Checklist at Attachment III, Analysis of
Allegations and Evidence of Material Injury and Causation for the
Antidumping and Countervailing Duty Petitions Covering Truck and Bus
Tires from the People's Republic of China.
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Initiation of Countervailing Duty Investigation
Section 702(b)(1) of the Act requires the Department to initiate a
CVD investigation whenever an interested party files a CVD petition on
behalf of an industry that: (1) Alleges the elements necessary for an
imposition of a duty under section 701(a) of the Act; and (2) is
accompanied by information reasonably available to the petitioner
supporting the allegations.
The petitioner alleges that producers/exporters of truck and bus
tires in the PRC benefit from countervailable subsidies bestowed by the
GOC. The Department examined the Petition on truck and bus tires from
the PRC and finds that it complies with the requirements of section
702(b)(1) of the Act. Therefore, in accordance with section 702(b)(1)
of the Act, we are initiating a CVD investigation to determine whether
producers/exporters of truck and bus tires in the PRC receive
countervailable subsidies. For a discussion of evidence supporting our
initiation determination, see the CVD Initiation Checklist which
accompanies this notice.
On June 29, 2015, the President of the United States signed into
law the Trade Preferences Extension Act of 2015, which made numerous
amendments to the AD and CVD law.\24\ The 2015 law does not specify
dates of application for those amendments. On August 6, 2015, the
Department published an interpretative rule, in which it announced the
applicability dates for each amendment to the Act, except for
amendments contained in section 771(7) of the Act, which relate to
determinations of material injury by the ITC.\25\ The amendments to
sections 771(15), 773, 776, and 782 of the Act are applicable to all
determinations made on or after August 6, 2015, and, therefore, apply
to this CVD investigation.\26\
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\24\ See Trade Preferences Extension Act of 2015, Public Law
114-27, 129 Stat. 362 (2015).
\25\ See Dates of Application of Amendments to the Antidumping
and Countervailing Duty Laws Made by the Trade Preferences Extension
Act of 2015, 80 FR 46793 (August 6, 2015).
\26\ Id. at 46794-95. The 2015 amendments may be found at
https://www.congress.gov/bill/114th-congress/house-bill/1295/text/pl.
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Based on our review of the Petition, we find that there is
sufficient information to initiate a CVD investigation of 38 of the 39
alleged programs. For a full discussion of the basis of our decision to
initiate or not initiate on each program, see the CVD Initiation
Checklist. A public version of the initiation checklist for this
investigation is available on ACCESS.
[[Page 9431]]
In accordance with section 703(b)(1) of the Act and 19 CFR
351.205(b)(1), unless postponed, we will make our preliminary
determination no later than 65 days after the date of this initiation.
Respondent Selection
Following standard practice in CVD investigations, the Department
intends to select respondents based on U.S. Customs and Border
Protection (CBP) data for U.S. imports of truck and bus tires during
the period of investigation under the appropriate Harmonized Tariff
Schedule of the U.S. numbers listed in the scope of Appendix I, below.
We intend to release CBP data under Administrative Protective Order
(APO) to all parties with access to information protected by APO within
five business days of publication of this Federal Register notice.
Interested parties wishing to comment regarding the CBP data and/or
respondent selection must do so within seven calendar days after the
placement of the CBP data on the record of this investigation. Parties
wishing to submit rebuttal comments should submit those comments five
calendar days after the deadline for the initial comments. An
electronically-filed document must be received successfully in its
entirety by the Department's electronic records system, ACCESS, by 5:00
p.m. ET by the date noted above. We intend to make our decision
regarding respondent selection within 20 days of publication of this
notice.
Distribution of Copies of the Petition
In accordance with section 702(b)(4)(A)(i) of the Act, and 19 CFR
351.202(f), a copy of the petition, which is publicly available in its
entirety, has been provided to the Government of the PRC via ACCESS. To
the extent practicable, we will attempt to provide a copy of the
Petition to each exporter named in the Petition, as provided under 19
CFR 351.203(c)(2).
ITC Notification
We will notify the ITC of our initiation, as required by section
702(d) of the Act.
Preliminary Determination by the ITC
The ITC will preliminarily determine, within 45 days after the date
on which the Petition was filed, whether there is a reasonable
indication that imports of truck and bus tires from the PRC are
materially injuring, or threatening material injury to, a U.S.
industry.\27\ A negative ITC determination will result in the
investigation being terminated.\28\ Otherwise, this investigation will
proceed according to statutory and regulatory time limits.
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\27\ See section 703(a) of the Act.
\28\ Id.
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Submission of Factual Information
Factual information is defined in 19 CFR 351.102(b)(21) as: (i)
Evidence submitted in response to questionnaires; (ii) evidence
submitted in support of allegations; (iii) publicly available
information to value factors under 19 CFR 351.408(c) or to measure the
adequacy of remuneration under 19 CFR 351.511(a)(2); (iv) evidence
placed on the record by the Department; and (v) evidence other than
factual information described in (i)-(iv). Any party, when submitting
factual information, must specify under which subsection of 19 CFR
351.102(b)(21) the information is being submitted \29\ and, if the
information is submitted to rebut, clarify, or correct factual
information already on the record, to provide an explanation
identifying the information already on the record that the factual
information seeks to rebut, clarify, or correct.\30\ Time limits for
the submission of factual information are addressed in 19 CFR 351.301,
which provides specific time limits based on the type of factual
information being submitted. Please review the regulations prior to
submitting factual information in this investigation.
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\29\ See 19 CFR 351.301(b).
\30\ See 19 CFR 351.301(b)(2).
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Extension of Time Limits
Parties may request an extension of time limits before the
expiration of a time limit established under 19 CFR 351, or as
otherwise specified by the Secretary. In general, an extension request
will be considered untimely if it is filed after the expiration of the
time limit established under 19 CFR 351 expires. For submissions that
are due from multiple parties simultaneously, an extension request will
be considered untimely if it is filed after 10:00 a.m. ET on the due
date. Under certain circumstances, we may elect to specify a different
time limit by which extension requests will be considered untimely for
submissions which are due from multiple parties simultaneously. In such
a case, we will inform parties in the letter or memorandum setting
forth the deadline (including a specified time) by which extension
requests must be filed to be considered timely. An extension request
must be made in a separate, stand-alone submission; under limited
circumstances we will grant untimely-filed requests for the extension
of time limits.\31\
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\31\ See 19 FR 351.302(c). See also Extension of Time Limits;
Final Rule, 78 FR 57790 (September 20, 2013), available at http://www.gpo.gov/fdsys/pkg/FR-2013-09-20/html/2013-22853.htm, prior to
submitting factual information in this investigation.
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Certification Requirements
Any party submitting factual information in an AD or CVD proceeding
must certify to the accuracy and completeness of that information.\32\
Parties are hereby reminded that revised certification requirements are
in effect for company/government officials as well as their
representatives. Investigations initiated on the basis of petitions
filed on or after August 16, 2013, and other segments of any AD or CVD
proceedings initiated on or after August 16, 2013, should use the
formats for the revised certifications provided at the end of the Final
Rule.\33\ The Department intends to reject factual submissions if the
submitting party does not comply with the applicable revised
certification requirements.
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\32\ See section 782(b) of the Act.
\33\ See 19 CFR 351.303(g). See also Certification of Factual
Information To Import Administration During Antidumping and
Countervailing Duty Proceedings, 78 FR 42678 (July 17, 2013) (Final
Rule); see also the frequently asked questions regarding the Final
Rule, available at the following: http://enforcement.trade.gov/tlei/notices/factual_info_final_rule_FAQ_07172013.pdf.
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Notification to Interested Parties
Interested parties must submit applications for disclosure under
APO in accordance with 19 CFR 351.305. On January 22, 2008, the
Department published Antidumping and Countervailing Duty Proceedings:
Documents Submission Procedures; APO Procedures, 73 FR 3634 (January
22, 2008). Parties wishing to participate in this investigation should
ensure that they meet the requirements of these procedures (e.g., the
filing of letters of appearance as discussed in 19 CFR 351.103(d)).
This notice is issued and published pursuant to section 777(i) of
the Act and 19 CFR 351.203(c).
Dated: February 18, 2016.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.
Appendix
Scope of the Investigation
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 this
investigation may be tube-type, tubeless, radial, or non-radial.
Subject tires have, at the time of importation, the symbol
``DOT'' on the
[[Page 9432]]
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;
MH--Identifies tires for mobile homes; and
HC--Identifies a 17.5 inch rim diameter code for use on low
platform trailers.
All tires with a ``TR,'' ``MH,'' or ``HC'' suffix in their size
designations are covered by this investigation regardless of their
intended use.
In addition, all tires that lack one of the above suffix
markings are included in the scope, regardless of their intended
use, as long as the tire is of a size that is among the numerical
size designations listed in the ``Truck-Bus'' section of the Tire
and Rim Association Year Book, as updated annually, 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 of this investigation are
the following types of tires: (1) Pneumatic tires, of rubber, that
are not new, including recycled and retreaded tires; and (2) non-
pneumatic tires, such as solid rubber tires.
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: 4011.99.4520,
4011.99.4590, 4011.99.8520, 4011.99.8590, 8708.70.4530,
8708.70.6030, and 8708.70.6060.
While HTSUS subheadings are provided for convenience and for
customs purposes, the written description of the subject merchandise
is dispositive.
[FR Doc. 2016-04063 Filed 2-24-16; 8:45 am]
BILLING CODE 3510-DS-P