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