Certain New Pneumatic Off-the-Road Tires From India: Antidumping Duty Order |
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Ronald K. Lorentzen
Department of Commerce
6 March 2017
[Federal Register Volume 82, Number 42 (Monday, March 6, 2017)]
[Notices]
[Pages 12553-12555]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-04432]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-533-869]
Certain New Pneumatic Off-the-Road Tires From India: Antidumping
Duty Order
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: Based on an affirmative amended final determination by the
Department of Commerce (the Department) and an affirmative final
determination by the International Trade Commission (the ITC), the
Department is issuing an antidumping duty order on certain new
pneumatic off-the-road tires (off road tires) from India.
DATES: Effective March 6, 2017.
FOR FURTHER INFORMATION CONTACT: Lilit Astvatsatrian or Trisha Tran,
AD/CVD Operations, Office IV, Enforcement and Compliance, International
Trade Administration, U.S. Department of Commerce, 1401 Constitution
Avenue NW., Washington, DC 20230; telephone: (202) 482-6412 or (202)
482-4852, respectively.
SUPPLEMENTARY INFORMATION:
Background
In accordance with sections 735(d) and 777(i)(1) of the Tariff Act
of 1930, as amended (the Act), and 19 CFR 351.210(c), on January 17,
2017, the Department published its final negative determination of
sales at less-than-fair-value (LTFV) with respect to off-the-road tires
from India.\1\ Pursuant to section 735(e) of the Act and 19 CFR
351.224(e), which provide for the correction of ministerial errors, on
February 2, 2017, the Department published its affirmative amended
final determination of sales at LTFV.\2\ On February 23, 2017, the ITC
notified the Department of its final determination that an industry in
the United States is materially injured within the meaning of section
735(b)(1)(A)(i) of the Act, by reason of the LTFV imports of off road
tires from India.\3\
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\1\ See Certain New Pneumatic Off-the-Road Tires from India:
Final Negative Determination of Sales at Less Than Fair Value and
Final Determination of Critical Circumstances, 82 FR 4848 (January
17, 2017).
\2\ See Certain New Pneumatic Off-the-Road Tires from India:
Affirmative Amended Final Determination of Sales at Less Than Fair
Value and Final Negative Determination of Critical Circumstances, 82
FR 9056 (February 2, 2017) (Amended Final Determination).
\3\ See Letter to Ronald Lorentzen, Acting Assistant Secretary
of Commerce for Enforcement and Compliance, from Rhonda K.
Schmidtlein, Chairman of the U.S. International Trade Commission,
regarding off the road tires from the India and Sri Lanka (February
23, 2017). See also Certain New Pneumatic Off-the-Road Tires from
India and Sri Lanka, Investigation Nos.
701[hyphen]TA[hyphen]552[hyphen]553 and 731[hyphen]TA[hyphen]1308
(Final), USITC Publication 4669 (February 2017).
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Scope of the Order
The products covered by this order are off road tires, which are
tires with an off road tire size designation. For a complete
description of the scope of the order, see Appendix I.
Antidumping Duty Order
In accordance with sections 735(b)(1)(A)(i) and 735(d) of the Act,
the ITC notified the Department of its final determination that the
industry in the United States producing off road tires is materially
injured by reason of the LTFV imports of off road tires from India.\4\
Therefore, in accordance with section 735(c)(2) of the Act, we are
publishing this antidumping duty order.
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\4\ Id.
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As a result of the ITC's final determination, in accordance with
section 736(a)(1) of the Act, the Department will direct U.S. Customs
and Border Protection (CBP) to assess, upon further instruction by the
Department, antidumping duties equal to the amount by which the normal
value of the merchandise exceeds the export price (or constructed
export price) of the merchandise, for all relevant entries of off-road
tires from India. Antidumping duties will be assessed on unliquidated
entries of off road tires from India entered, or withdrawn from
warehouse, for consumption on or after February 2, 2017, the date of
publication of the Amended Final Determination.\5\
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\5\ Amended Final Determination.
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Continuation of Suspension of Liquidation
In accordance with section 735(c)(1)(B) of the Act, the Department
will instruct CBP to continue to suspend liquidation on all relevant
entries of off road tires from India. These instructions suspending
liquidation will remain in effect until further notice.
We will also instruct CBP to require cash deposits equal to the
estimated weighted-average dumping margins indicated below.
Accordingly, effective on the date of publication of the ITC's final
affirmative injury determinations, CBP will require, at the same time
as importers would normally deposit estimated duties on this subject
merchandise, a cash deposit equal to the estimated weighted-average
antidumping duty margins listed below.\6\ The all-others rate applies
to all producers or exporters not specifically listed. For the purposes
of determining cash deposit rates, the estimated weighted-average
dumping margins for imports of subject merchandise from India have been
adjusted for export subsidies found in the amended final determination
of the companion countervailing duty investigation of this merchandise
(i.e., 4.72 percent).\7\
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\6\ See Section 736(a)(3) of the Act.
\7\ See Certain New Pneumatic Off-the-Road Tires from India and
Sri Lanka: Amended Final Affirmative Countervailing Duty
Determination for India and Countervailing Duty Orders, dated
concurrently with this notice.
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Estimated Weighted-Average Dumping Margins
The estimated weighted-average antidumping duty margin percentages
are as follows:
[[Page 12554]]
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Cash
Weighted- deposit
average rate
Exporter/ producer dumping adjusted
margin for subsidy
(percent) offset
(percent)
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ATC Tires Private Ltd......................... 3.67 0.00
All-Others.................................... 3.67 0.00
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Notification to Interested Parties
This notice constitutes the antidumping duty order with respect to
off road tires from India pursuant to section 736(a) of the Act.
Interested parties can find a list of antidumping duty orders currently
in effect at http://enforcement.trade.gov/stats/iastats1.html.
These orders are published in accordance with section 736(a) of the
Act and 19 CFR 351.211(b).
Dated: March 2, 2017.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.
Appendix I
Scope of the Order
The scope of the order is certain new pneumatic off-the-road
tires (off-road tires). Off-road tires are tires with an off road
tire size designation. The tires included in the scope may be either
tube-type \8\ or tubeless, radial, or non-radial, regardless of
whether for original equipment manufacturers or the replacement
market.
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\8\ While tube-type tires are subject to the scope of these
proceedings, tubes and flaps are not subject merchandise and
therefore are not covered by the scope of these proceedings,
regardless of the manner in which they are sold (e.g., sold with or
separately from subject merchandise).
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Subject tires may have the following prefix or suffix
designation, which appears on the sidewall of the tire:
Prefix designations:
DH--Identifies a tire intended for agricultural and logging
service which must be mounted on a DH drop center rim.
VA--Identifies a tire intended for agricultural and logging
service which must be mounted on a VA multipiece rim.
IF--Identifies an agricultural tire to operate at 20 percent
higher rated load than standard metric tires at the same inflation
pressure.
VF--Identifies an agricultural tire to operate at 40 percent
higher rated load than standard metric tires at the same inflation
pressure.
Suffix designations:
ML--Mining and logging tires used in intermittent highway
service.
DT--Tires primarily designed for sand and paver service.
NHS--Not for Highway Service.
TG--Tractor Grader, off-the-road tire for use on rims having
bead seats with nominal +0.188'' diameter (not for highway service).
K--Compactor tire for use on 5[deg] drop center or semi-drop
center rims having bead seats with nominal minus 0.032 diameter.
IND--Drive wheel tractor tire used in industrial service.
SL--Service limited to agricultural usage.
FI--Implement tire for agricultural towed highway service.
CFO--Cyclic Field Operation.
SS--Differentiates tires for off-highway vehicles such as mini
and skid-steer loaders from other tires which use similar size
designations such as 7.00-15TR and 7.00-15NHS, but may use different
rim bead seat configurations.
All tires marked with any of the prefixes or suffixes listed
above in their sidewall markings are covered by the scope regardless
of their intended use.
In addition, all tires that lack any of the prefixes or suffixes
listed above in their sidewall 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
following sections of the Tire and Rim Association Year Book, as
updated annually, unless the tire falls within one of the specific
exclusions set forth below. The sections of the Tire and Rim
Association Year Book listing numerical size designations of covered
certain off road tires include:
The table of mining and logging tires included in the section on
Truck-Bus tires;
The entire section on Off-the-Road tires;
The entire section on Agricultural tires; and
The following tables in the section on Industrial/ATV/Special
Trailer tires:
Industrial, Mining, Counterbalanced Lift Truck (Smooth
Floors Only);
Industrial and Mining (Other than Smooth Floors);
Construction Equipment;
Off-the-Road and Counterbalanced Lift Truck (Smooth
Floors Only);
Aerial Lift and Mobile Crane; and
Utility Vehicle and Lawn and Garden Tractor.
Certain off road 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 certain off road tires produced
in the subject countries whether mounted on wheels or rims in a
subject country or in a third country. Certain off road tires are
covered whether or not they are accompanied by other parts, e.g., a
wheel, rim, axle parts, bolts, nuts, etc. Certain off road tires
that enter attached to a vehicle are not covered by the scope.
Specifically excluded from the scope are passenger vehicle and
light truck tires, racing tires, mobile home tires, motorcycle
tires, all-terrain vehicle tires, bicycle tires, on-road or on-
highway trailer tires, and truck and bus tires. Such tires generally
have in common that the symbol ``DOT'' must appear on the sidewall,
certifying that the tire conforms to applicable motor vehicle safety
standards. Such excluded tires may also have the following prefixes
and suffixes included as part of the size designation on their
sidewalls:
Prefix letter designations:
AT--Identifies a tire intended for service on All-Terrain
Vehicles;
P--Identifies a tire intended primarily for service on passenger
cars;
LT--Identifies a tire intended primarily for service on light
trucks;
T--Identifies a tire intended for one-position ``temporary use''
as a spare only; and
ST--Identifies a special tire for trailers in highway service.
Suffix letter designations:
TR--Identifies a tire for service on trucks, buses, and other
vehicles with rims having specified rim diameter of nominal plus
0.156'' or plus 0.250'';
MH--Identifies tires for Mobile Homes;
HC--Identifies a heavy duty tire designated for use on ``HC''
15'' tapered rims used on trucks, buses, and other vehicles. This
suffix is intended to differentiate among tires for light trucks,
and other vehicles or other services, which use a similar
designation.
Example: 8R17.5 LT, 8R17.5 HC;
LT--Identifies light truck tires for service on trucks, buses,
trailers, and multipurpose passenger vehicles used in nominal
highway service;
ST--Special tires for trailers in highway service; and
M/C--Identifies tires and rims for motorcycles.
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; aircraft tires; and turf, lawn and garden, and golf tires.
Also excluded from the scope are mining and construction tires that
have a rim diameter equal to or exceeding 39 inches. Such tires may
be distinguished from other tires of similar size by the number of
plies that the construction and mining tires contain (minimum of 16)
and the weight of such tires (minimum 1500 pounds).
The subject merchandise is currently classifiable under
Harmonized Tariff Schedule of the United States (HTSUS) subheadings:
4011.20.1025, 4011.20.1035, 4011.20.5030, 4011.20.5050,
4011.70.0010, 4011.62.0000, 4011.80.1010, 4011.80.1020,
4011.90.1050, 4011.70.0050, 4011.80.2010, 4011.80.8010,
4011.80.2020, 4011.80.8020, 8431.49.9038, 8431.49.9090,
8709.90.0020, and 8716.90.1020.\9\ Tires meeting the scope
description may also enter under the following HTSUS subheadings:
4011.90.2050, 4011.90.8050, 8424.90.9080, 8431.20.0000,
8431.39.0010, 8431.49.1090, 8431.49.9030, 8432.90.0020,
8432.90.0040, 8432.90.0050, 8432.90.0060, 8432.90.0081,
8433.90.5010, 8503.00.9560, 8708.70.0500, 8708.70.2500,
8708.70.4530, 8716.90.5035, 8716.90.5056 and 8716.90.5059.\10\ While
[[Page 12555]]
HTSUS subheadings are provided for convenience and customs purposes,
the written description of the subject merchandise is dispositive.
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\9\ Prior to January 1, 2017, subject merchandise was
classifiable under the following HTSUS numbers which have been
deleted or discontinued: 4011.61.0000, 4011.63.0000, 4011.69.0050,
4011.92.0000, 4011.93.4000, 4011.93.8000, 4011.94.4000, and
4011.94.8000.
\10\ Prior to January 1, 2017, tires meeting the scope
description may also enter under the following HTSUS subheadings
which have been deleted or discontinued: 4011.99.4550, 4011.99.8550,
8432.90.0005, 8432.90.0015, 8432.90.0030, 8432.90.0080, and
8716.90.5055.
[FR Doc. 2017-04432 Filed 3-3-17; 8:45 am]
BILLING CODE 3510-DS-P