Certain Passenger Vehicle and Light Truck Tires From the People's Republic of China: Continuation of Antidumping Duty and Countervailing Duty Orders

Christian Marsh
Department of Commerce
19 February 2021

[Federal Register Volume 86, Number 32 (Friday, February 19, 2021)]
[Notices]
[Pages 10247-10249]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-03397]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-016, C-570-017]


Certain Passenger Vehicle and Light Truck Tires From the People's 
Republic of China: Continuation of Antidumping Duty and Countervailing 
Duty Orders

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: As a result of the determinations by the Department of 
Commerce (Commerce) and the International Trade Commission (ITC) that 
revocation of the antidumping duty (AD) and countervailing duty (CVD) 
orders on certain passenger vehicle and light truck tires (passenger 
tires) from the People's Republic of China (China) would likely lead to 
continuation or recurrence of dumping or countervailable subsidies, and 
material injury to an industry in the United States, Commerce is 
publishing a notice of continuation of these AD and CVD orders.

DATES: Applicable February 19, 2021.

FOR FURTHER INFORMATION CONTACT: Jacqueline Arrowsmith, AD/CVD 
Operations, Office VII, Enforcement and Compliance, International Trade

[[Page 10248]]

Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-5255.

SUPPLEMENTARY INFORMATION:

Background

    On August 10, 2015, Commerce published the amended final 
affirmative determinations in the AD and CVD investigations of 
passenger tires from China as well as the AD and CVD orders for 
passenger tires in the Federal Register.\1\ On July 1, 2020, the ITC 
instituted,\2\ and Commerce initiated,\3\ the five-year (sunset) 
reviews of the AD and CVD orders on passenger tires from China, 
pursuant to section 751(c) of the Tariff Act of 1930, as amended (the 
Act). As a result of its reviews, Commerce determined that revocation 
of the Orders on passenger tires from China would be likely to lead to 
continuation or recurrence of dumping and countervailable subsidies 
and, therefore, notified the ITC of the magnitude of the margins and 
net subsidy rates likely to prevail should the Orders be revoked.\4\ On 
February 11, 2021, the ITC published its determinations, pursuant to 
sections 751(c) and 752(a) of the Act, that revocation of the Orders 
would likely lead to continuation or recurrence of material injury to 
an industry in the United States within a reasonably foreseeable 
time.\5\
---------------------------------------------------------------------------

    \1\ See Certain Passenger Vehicle and Light Truck Tires from the 
People's Republic of China: Amended Final Affirmative Antidumping 
Duty Determination and Antidumping Duty Order; and Amended Final 
Affirmative Countervailing Duty Determination and Countervailing 
Duty Order, 80 FR 47902 (August 10, 2015) (Orders).
    \2\ See Passenger Vehicle and Light Truck Tires from China; 
Institution of Five-Year Reviews, 85 FR 39581 (July 1, 2020).
    \3\ See Initiation of Five-Year (Sunset) Reviews, 85 FR 39526 
(July 1, 2020).
    \4\ See Certain Passenger Vehicle and Light Truck Tires from 
People's Republic of China: Final Results of the First Expedited 
Sunset Review of the Antidumping Duty Order, 85 FR 70128 (November 
4, 2020); see also Certain Passenger Vehicle and Light Truck Tires 
from the People's Republic of China: Final Results of the Expedited 
First Sunset Review of the Countervailing Duty Order, 85 FR 71313 
(November 9, 2020).
    \5\ See Passenger Vehicle and Light Truck Tires from China (Inv. 
No 701-TA-522 and 731-TA-1258 (Review)), 86 FR 9084 (February 11, 
2021); see also Passenger Vehicle and Light Truck Tires from China 
(Inv. Nos. 701-TA-522 and 731-TA-1258 (Review).
---------------------------------------------------------------------------

Scope of the Orders

    The scope of the Orders is passenger vehicle and light truck tires. 
Passenger vehicle and light truck tires are new pneumatic tires, of 
rubber, with a passenger vehicle or light truck size designation. Tires 
covered by these Orders may be tube-type, tubeless, radial, or non-
radial, and they may be intended for sale to original equipment 
manufacturers or the replacement market.
    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 the following 
prefixes or suffix in their tire size designation, which also appears 
on the sidewall of the tire:
    Prefix designations:
    P--Identifies a tire intended primarily for service on passenger 
cars
    LT--Identifies a tire intended primarily for service on light 
trucks
    Suffix letter designations:
    LT--Identifies light truck tires for service on trucks, buses, 
trailers, and multipurpose passenger vehicles used in nominal highway 
service.
    All tires with a ``P'' or ``LT'' prefix, and all tires with an 
``LT'' suffix in their sidewall markings are covered by this 
investigation regardless of their intended use.
    In addition, all tires that lack a ``P'' or ``LT'' prefix or suffix 
in their sidewall markings, 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 
is among the numerical size designations listed in the passenger car 
section or light truck section of the Tire and Rim Association 
Yearbook, as updated annually, unless the tire falls within one of the 
specific exclusions set out below.
    Passenger vehicle and light truck tires, whether or not attached to 
wheels or rims, are included in the scope. However, if a subject tire 
is imported attached to a wheel or rim, only the tire is covered by the 
scope.
    Specifically excluded from the scope of the Orders are the 
following types of tires: Racing car tires; such tires do not bear the 
symbol ``DOT'' on the sidewall and may be marked with ``ZR'' in size 
designation;
    (1) New pneumatic tires, of rubber, of a size that is not listed in 
the passenger car section or light truck section of the Tire and Rim 
Association Yearbook;
    (2) pneumatic tires, of rubber, that are not new, including 
recycled and retreaded tires;
    (3) non-pneumatic tires, such as solid rubber tires;
    (5) tires designed and marketed exclusively as temporary use spare 
tires for passenger vehicles which, in addition, exhibit each of the 
following physical characteristics:
    (a) The size designation and load index combination molded on the 
tire's sidewall are listed in Table PCT-1B (``T'' Type Spare Tires for 
Temporary Use on Passenger Vehicles) of the Tire and Rim Association 
Yearbook,
    (b) the designation ``T'' is molded into the tire's sidewall as 
part of the size designation, and,
    (c) the tire's speed rating is molded on the sidewall, indicating 
the rated speed in MPH or a letter rating as listed by Tire and Rim 
Association Yearbook, and the rated speed is 81 MPH or a ``M'' rating;
    (6) tires designed and marketed exclusively for specialty tire (ST) 
use which, in addition, exhibit each of the following conditions:
    (a) The size designation molded on the tire's sidewall is listed in 
the ST sections of the Tire and Rim Association Yearbook,
    (b) the designation ``ST'' is molded into the tire's sidewall as 
part of the size designation,
    (c) the tire incorporates a warning, prominently molded on the 
sidewall, that the tire is ``For Trailer Service Only'' or ``For 
Trailer Use Only'',
    (d) the load index molded on the tire's sidewall meets or exceeds 
those load indexes listed in the Tire and Rim Association Yearbook for 
the relevant ST tire size, and
    (e) either
    (i) The tire's speed rating is molded on the sidewall, indicating 
the rated speed in MPH or a letter rating as listed by Tire and Rim 
Association Yearbook, and the rated speed does not exceed 81 MPH or an 
``M'' rating; or
    (ii) the tire's speed rating molded on the sidewall is 87 MPH or an 
``N'' rating, and in either case the tire's maximum pressure and 
maximum load limit are molded on the sidewall and either
    (1) Both exceed the maximum pressure and maximum load limit for any 
tire of the same size designation in either the passenger car or light 
truck section of the Tire and Rim Association Yearbook; or
    (2) if the maximum cold inflation pressure molded on the tire is 
less than any cold inflation pressure listed for that size designation 
in either the passenger car or light truck section of the Tire and Rim 
Association Yearbook, the maximum load limit molded on the tire is 
higher than the maximum load limit listed at that cold inflation 
pressure for that size designation in either the passenger car or light 
truck section of the Tire and Rim Association Yearbook;
    (7) tires designed and marketed exclusively for off-road use and 
which, in addition, exhibit each of the following physical 
characteristics:
    (a) The size designation and load index combination molded on the 
tire's

[[Page 10249]]

sidewall are listed in the off-the-road, agricultural, industrial or 
ATV section of the Tire and Rim Association Yearbook,
    (b) in addition to any size designation markings, the tire 
incorporates a warning, prominently molded on the sidewall, that the 
tire is ``Not for Highway Service'' or ``Not for Highway Use'',
    (c) the tire's speed rating is molded on the sidewall, indicating 
the rated speed in MPH or a letter rating as listed by the Tire and Rim 
Association Yearbook, and the rated speed does not exceed 55 MPH or a 
``G'' rating, and
    (d) the tire features a recognizable off-road tread design.
    The products covered by the Orders are currently classified under 
the following Harmonized Tariff Schedule of the United States (HTSUS) 
subheadings: 4011.10.10.10, 4011.10.10.20, 4011.10.10.30, 
4011.10.10.40, 4011.10.10.50, 4011.10.10.60, 4011.10.10.70, 
4011.10.50.00, 4011.20.10.05, and 4011.20.50.10. Tires meeting the 
scope description may also enter under the following HTSUS subheadings: 
4011.99.45.10, 4011.99.45.50, 4011.99.85.10, 4011.99.85.50, 
8708.70.45.45, 8708.70.45.60, 8708.70.60.30, 8708.70.60.45, and 
8708.70.60.60. While HTSUS subheadings are provided for convenience and 
for customs purposes, the written description of the subject 
merchandise is dispositive.

Continuation of the Orders

    As a result of the determinations by Commerce and the ITC that 
revocation of these Orders would likely lead to a continuation or a 
recurrence of dumping and net countervailable subsidies and of material 
injury to an industry in the United States, pursuant to section 
751(d)(2) of the Act and 19 CFR 351.218(a), Commerce hereby orders the 
continuation of these Orders. U.S. Customs and Border Protection will 
continue to collect AD and CVD cash deposits at the rates in effect at 
the time of entry for all imports of subject merchandise.
    The effective date of the continuation of these Orders will be the 
date of publication in the Federal Register of this notice of 
continuation. Pursuant to section 751(c)(2) of the Act and 19 CFR 
351.218(c)(2), Commerce intends to initiate the next five-year review 
of these Orders not later than 30 days prior to the fifth anniversary 
of the effective date of continuation.

Administrative Protective Order

    This notice also serves as the only reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the return/destruction or conversion to judicial protective 
order of proprietary information disclosed under APO in accordance with 
19 CFR 351.305(a)(3). Failure to comply is a violation of the APO which 
may be subject to sanctions.

Notification to Interested Parties

    These five-year (sunset) reviews and this notice are in accordance 
with sections 751(c) of the Act and published in accordance with 
section 777(i) of the Act, and 19 CFR 351.218(f)(4).

    Dated: February 12, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2021-03397 Filed 2-18-21; 8:45 am]
BILLING CODE 3510-DS-P