Passenger Vehicle and Light Truck Tires From Korea, Taiwan, Thailand, and Vietnam; Scheduling of the Final Phase of Countervailing Duty and Anti-Dumping Duty Investigations |
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Lisa Barton
International Trade Commission
29 January 2021
[Federal Register Volume 86, Number 18 (Friday, January 29, 2021)]
[Notices]
[Pages 7561-7564]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-01983]
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INTERNATIONAL TRADE COMMISSION
[Investigation Nos. 701-TA-647 and 731-TA-1517-1520 (Final)]
Passenger Vehicle and Light Truck Tires From Korea, Taiwan,
Thailand, and Vietnam; Scheduling of the Final Phase of Countervailing
Duty and Anti-Dumping Duty Investigations
AGENCY: United States International Trade Commission.
ACTION: Notice.
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SUMMARY: The Commission hereby gives notice of the scheduling of the
final phase of antidumping and countervailing duty investigation Nos.
701-TA-647 and 731-TA-1517-1520 (Final) pursuant to the Tariff Act of
1930 (``the Act'') to determine whether an industry in the United
States is materially injured or threatened with material injury, or the
establishment of an industry in the United States is materially
retarded, by reason of imports of passenger vehicle and light truck
tires from Korea, Taiwan, Thailand, and Vietnam, provided for in
subheadings 4011.10.10, 4011.10.50, 4011.20.10, and 4011.20.50 of the
Harmonized Tariff Schedule of the United States, preliminarily
determined by the Department of Commerce (``Commerce'') to be sold at
less-than-fair-value and subsidized by the government of Vietnam.
DATES: January 6, 2021.
FOR FURTHER INFORMATION CONTACT: Keysha Martinez ((202) 205-2136),
Office of Investigations, U.S. International Trade Commission, 500 E
Street SW, Washington, DC 20436. Hearing-impaired persons can obtain
information on this matter by contacting the Commission's TDD terminal
on 202-205-1810. Persons with mobility impairments who will need
special assistance in gaining access to the Commission should contact
the Office of the Secretary at 202-205-2000. General information
concerning the Commission may also be obtained by accessing its
internet server (https://www.usitc.gov). The public record for these
investigations may be viewed on the Commission's electronic docket
(EDIS) at https://edis.usitc.gov.
SUPPLEMENTARY INFORMATION:
Scope.--For purposes of these investigations, Commerce has defined
the subject merchandise as ``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 this investigation 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
[[Page 7562]]
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 these
investigations 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
fits passenger cars or light trucks. Sizes that fit passenger cars and
light trucks include, but are not limited to, the numerical size
designations listed in the passenger car section or light truck section
of the Tire and Rim Association Year Book, as updated annually. The
scope includes all tires that are of a size that fits passenger cars or
light trucks, 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 are the following types of
tires:
(1) Racing car tires; such tires do not bear the symbol ``DOT'' on
the sidewall and may be marked with ``ZR'' in size designation;
(2) pneumatic tires, of rubber, that are not new, including
recycled and retreaded tires;
(3) non-pneumatic tires, such as solid rubber tires;
(4) 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-1R (``T'' Type Spare Tires for
Temporary Use on Passenger Vehicles) or PCT-1B (``T'' Type Diagonal
(Bias) Spare Tires for Temporary Use on Passenger Vehicles) of the Tire
and Rim Association Year Book,
(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 Year Book, and the rated speed is 81 MPH or a ``M'' rating;
(5) tires designed and marketed exclusively as temporary use spare
tires for light trucks which, in addition, exhibit each of the
following physical characteristics:
(a) The tires have a 265/70R17, 255/80R17, 265/70R16, 245/70R17,
245/75R17, 265/70R18, or 265/70R18 size designation;
(b) ``Temporary Use Only'' or ``Spare'' is molded into the tire's
sidewall;
(c) the tread depth of the tire is no greater than 6.2 mm; and
(d) Uniform Tire Quality Grade Standards (``UTQG'') ratings are not
molded into the tire's sidewall with the exception of 265/70R17 and
255/80R17 which may have UTGC molded on the tire sidewall;
(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 Year Book,
(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 Year Book 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 Year Book, 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 Year Book; 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 Year Book, 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 Year Book;
(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 sidewall are listed in the off-the-road, agricultural,
industrial or ATV section of the Tire and Rim Association Year Book,
(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 Year Book, and the rated speed does not exceed 55 MPH or a
``G'' rating, and
(d) the tire features a recognizable off-road tread design;
(8) Tires designed and marketed for off-road use as all-terrain-
vehicle (ATV) tires or utility-terrain-vehicle (UTV) tires, and which,
in addition, exhibit each of the following characteristics:
(a) 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 Year Book, and the rated speed does not exceed 87 MPH or an
``N'' rating, and
(b) both of the following physical characteristics are satisfied:
(i) The size designation and load index combination molded on the
tire's sidewall does not match any of those listed in the passenger car
or light truck sections of the Tire and Rim Association Year Book, and
(ii) The size designation and load index combination molded on the
tire's sidewall matches any of the following size designation (American
standard or metric) and load index combinations:
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Load
American standard size Metric size index
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26x10R12........................................ 254/70R/12 72
27x10R14........................................ 254/65R/14 73
28x10R14........................................ 254/70R/14 75
28x10R14........................................ 254/70R/14 86
30x10R14........................................ 254/80R/14 79
30x10R15........................................ 254/75R/15 78
30x10R14........................................ 254/80R/14 90
31x10R14........................................ 254/85R/14 81
32x10R14........................................ 254/90R/14 95
32x10R15........................................ 254/85R/15 83
32x10R15........................................ 254/85R/15 94
33x10R15........................................ 254/90R/15 86
33x10R15........................................ 254/90R/15 95
35x9.50R15...................................... 241/105R/15 82
35x10R15........................................ 254/100R/15 97
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The products covered by this investigation are currently classified
under the following Harmonized Tariff Schedule of the United States
(HTSUS) subheadings: 4011.10.10.10,
[[Page 7563]]
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: 4011.90.10.10, 4011.90.10.50,
4011.90.20.10, 4011.90.20.50, 4011.90.80.10, 4011.90.80.50,
8708.70.45.30, 8708.70.45.46, 8708.70.45.48, 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.''
Background.--The final phase of these investigations is being
scheduled pursuant to sections 705(b) and 731(b) of the Tariff Act of
1930 (19 U.S.C. 1671d(b) and 1673d(b)), as a result of affirmative
preliminary determinations by Commerce that certain benefits which
constitute subsidies within the meaning of Sec. 703 of the Act (19
U.S.C. 1671b) are being provided to manufacturers, producers, or
exporters in Vietnam of passenger vehicle and light truck tires, and
that such products from Korea, Taiwan, Thailand, and Vietnam are being
sold in the United States at less than fair value within the meaning of
Sec. 733 of the Act (19 U.S.C. 1673b). The investigations were
requested in petitions filed on May 13, 2020, by the United Steel,
Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial
and Service Workers International Union, AFL-CIO, CLC (``USW''),
Pittsburgh, Pennsylvania.
For further information concerning the conduct of this phase of the
investigations, hearing procedures, and rules of general application,
consult the Commission's Rules of Practice and Procedure, part 201,
subparts A and B (19 CFR part 201), and part 207, subparts A and C (19
CFR part 207).
Participation in the investigations and public service list.--
Persons, including industrial users of the subject merchandise and, if
the merchandise is sold at the retail level, representative consumer
organizations, wishing to participate in the final phase of these
investigations as parties must file an entry of appearance with the
Secretary to the Commission, as provided in Sec. 201.11 of the
Commission's rules, no later than 21 days prior to the hearing date
specified in this notice. A party that filed a notice of appearance
during the preliminary phase of the investigations need not file an
additional notice of appearance during this final phase. The Secretary
will maintain a public service list containing the names and addresses
of all persons, or their representatives, who are parties to the
investigations.
Please note the Secretary's Office will accept only electronic
filings during this time. Filings must be made through the Commission's
Electronic Document Information System (EDIS, https://edis.usitc.gov.)
No in-person paper-based filings or paper copies of any electronic
filings will be accepted until further notice.
Limited disclosure of business proprietary information (BPI) under
an administrative protective order (APO) and BPI service list.--
Pursuant to Sec. 207.7(a) of the Commission's rules, the Secretary
will make BPI gathered in the final phase of these investigations
available to authorized applicants under the APO issued in the
investigations, provided that the application is made no later than 21
days prior to the hearing date specified in this notice. Authorized
applicants must represent interested parties, as defined by 19 U.S.C.
1677(9), who are parties to the investigations. A party granted access
to BPI in the preliminary phase of the investigations need not reapply
for such access. A separate service list will be maintained by the
Secretary for those parties authorized to receive BPI under the APO.
Staff report.--The prehearing staff report in the final phase of
these investigations will be placed in the nonpublic record on May 11,
2021, and a public version will be issued thereafter, pursuant to Sec.
207.22 of the Commission's rules.
Hearing.--The Commission will hold a hearing in connection with the
final phase of these investigations beginning at 9:30 a.m. on May 25,
2021. Information about the place and form of the hearing, including
about how to participate in and/or view the hearing, will be posted on
the Commission's website at https://www.usitc.gov/calendarpad/calendar.html. Interested parties should check the Commission's website
periodically for updates. Requests to appear at the hearing should be
filed in writing with the Secretary to the Commission on or before May
19, 2021. A nonparty who has testimony that may aid the Commission's
deliberations may request permission to present a short statement at
the hearing. All parties and nonparties desiring to appear at the
hearing and make oral presentations should attend a prehearing
conference to be held at 9:30 a.m. on May 21, 2021. Oral testimony and
written materials to be submitted at the public hearing are governed by
sections 201.6(b)(2), 201.13(f), and 207.24 of the Commission's rules.
Parties must submit any request to present a portion of their hearing
testimony in camera no later than 7 business days prior to the date of
the hearing.
Written submissions.--Each party who is an interested party shall
submit a prehearing brief to the Commission. Prehearing briefs must
conform with the provisions of Sec. 207.23 of the Commission's rules;
the deadline for filing is May 18, 2021. Parties may also file written
testimony in connection with their presentation at the hearing, as
provided in Sec. 207.24 of the Commission's rules, and posthearing
briefs, which must conform with the provisions of Sec. 207.25 of the
Commission's rules. The deadline for filing posthearing briefs is June
2, 2021. In addition, any person who has not entered an appearance as a
party to the investigations may submit a written statement of
information pertinent to the subject of the investigations, including
statements of support or opposition to the petition, on or before June
2, 2021. On June 16, 2021, the Commission will make available to
parties all information on which they have not had an opportunity to
comment. Parties may submit final comments on this information on or
before June 18, 2021, but such final comments must not contain new
factual information and must otherwise comply with Sec. 207.30 of the
Commission's rules. All written submissions must conform with the
provisions of Sec. 201.8 of the Commission's rules; any submissions
that contain BPI must also conform with the requirements of Sec. Sec.
201.6, 207.3, and 207.7 of the Commission's rules. The Commission's
Handbook on Filing Procedures, available on the Commission's website at
https://www.usitc.gov/documents/handbook_on_filing_procedures.pdf,
elaborates upon the Commission's procedures with respect to filings.
Additional written submissions to the Commission, including
requests pursuant to Sec. 201.12 of the Commission's rules, shall not
be accepted unless good cause is shown for accepting such submissions,
or unless the submission is pursuant to a specific request by a
Commissioner or Commission staff.
In accordance with Sec. Sec. 201.16(c) and 207.3 of the
Commission's rules, each document filed by a party to the
investigations must be served on all other parties to the
investigations (as identified by either the public or BPI service
list), and a certificate of service must be timely filed. The Secretary
will not accept a document for filing without a certificate of service.
[[Page 7564]]
Authority: These investigations are being conducted under authority
of title VII of the Tariff Act of 1930; this notice is published
pursuant to Sec. 207.21 of the Commission's rules.
By order of the Commission.
Issued: January 26, 2021.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2021-01983 Filed 1-28-21; 8:45 am]
BILLING CODE 7020-02-P