Truck and Bus Tires From People's Republic of China: Continuation of Antidumping and Countervailing Duty Orders

Truck and Bus Tires From People's Republic of China: Continuation of Antidumping and Countervailing Duty Orders

Publication: Federal Register
Agency: International Trade Administration
Byline: Ryan Majerus
Date: 29 August 2024
Subject: American Government
, Tires
[Federal Register Volume 89, Number 168 (Thursday, August 29, 2024)]
[Notices]
[Pages 70169-70170]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-19390]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-040, C-570-041]


Truck and Bus Tires From People's Republic of China: Continuation 
of Antidumping and Countervailing Duty Orders

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

SUMMARY: As a result of the determinations by the U.S. Department of 
Commerce (Commerce) and the U.S. International Trade Commission (ITC) 
that revocation of the antidumping duty (AD) and countervailing duty 
(CVD) orders on truck and bus tires from the People's Republic of China 
(China) would likely lead to the continuation or recurrence of dumping 
and net 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 August 21, 2024.

FOR FURTHER INFORMATION CONTACT: Mary Kolberg or Suresh Maniam, 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) 482-1785 or (202) 482-1603, 
respectively.

SUPPLEMENTARY INFORMATION:

Background

    On February 15, 2019, Commerce published in the Federal Register 
the AD and CVD orders on truck and bus tires from China.\1\ On January 
2, 2024, the ITC instituted,\2\ and Commerce initiated,\3\ the first 
sunset review of the Orders, 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 would likely lead to the 
continuation or recurrence of dumping and net countervailable 
subsidies, and therefore, notified the ITC of the magnitude of the 
margins of dumping and subsidy rates likely to prevail should the 
Orders be revoked.\4\
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    \1\  See Truck and Bus Tires from the People's Republic of 
China: Amended Final Determination and Countervailing Duty Order, 84 
FR 4434 (February 15, 2019); and Truck and Bus Tires from the 
People's Republic of China: Amended Final Determination and 
Countervailing Duty Order, 84 FR 4434 (February 15, 2019) 
(collectively, Orders).
    \2\ See Truck and Bus Tires from China; Institution of Five-Year 
Reviews, 89 FR 93 (January 2, 2024).
    \3\ See Initiation of Five-Year (Sunset) Reviews, 89 FR 66 
(January 2, 2024).
    \4\ See Truck and Bus Tires from the People's Republic of China: 
Final Results of the Expedited First Sunset Review of the 
Antidumping Duty Order, 89 FR 31728 (April 25, 2024); and Truck and 
Bus Tires from People's Republic of China: Final Results of the 
Expedited First Sunset Review of the Countervailing Duty Order, 89 
FR 31727 (April 25, 2024).
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    On August 21, 2024, the ITC published its determination, pursuant 
to sections 751(c) and 752(a) of the Act, that revocation of the Orders 
would

[[Page 70170]]

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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    \5\ See Truck and Bus Tires from China, 89 FR 67671 (August 21, 
2024).
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Scope of the Orders

    The merchandise covered by the Orders is truck and bus tires. For a 
complete description of the Orders, see the appendix to this notice.

Continuation of the Orders

    As a result of the determinations by Commerce and the ITC that 
revocation of the Orders would likely lead to continuation or 
recurrence of dumping and net countervailable subsidy rates, and 
material injury to an industry in the United States, pursuant to 
section 751(d)(2) of the Act, Commerce hereby orders the continuation 
of the 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 the Orders will be August 
21, 2024.\6\ Pursuant to section 751(c)(2) of the Act and 19 CFR 
351.218(c)(2), Commerce intends to initiate the next five-year reviews 
of the Orders not later than 30 days prior to fifth anniversary of the 
date of the last determination by the ITC.
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    \6\ Id.
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Administrative Protective Order (APO)

    This notice also serves as a final reminder to parties subject to 
an APO of their responsibility concerning the return or destruction of 
proprietary information disclosed under APO in accordance with 19 CFR 
351.305(a)(3), which continues to govern business proprietary 
information in this segment of the proceeding. Timely written 
notification of the return or destruction of APO materials, or 
conversion to judicial protective order, is hereby requested. Failure 
to comply with the regulations and terms of an APO is a violation which 
is subject to sanction.

Notification to Interested Parties

    These five-year (sunset) reviews and this notice are in accordance 
with sections 751(c) and 751(d)(2) of the Act and published in 
accordance with section 777(i) of the Act, and 19 CFR 351.218(f)(4).

    Dated: August 22, 2024.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations, performing the 
non-exclusive functions and duties of the Assistant Secretary for 
Enforcement and Compliance.

Appendix

Scope of the Orders

    Truck and bus tires are new pneumatic tires, of rubber, with a 
truck or bus size designation. Truck and bus tires covered by the 
Orders may be tube-type, tubeless, radial, or non-radial.
    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 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; and
HC--Identifies a 17.5 inch rim diameter code for use on low platform 
trailers.

    All tires with a ``TR'' or ``HC'' suffix in their size 
designations are covered by the Orders 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 the Orders are the 
following types of tires: (1) pneumatic tires, of rubber, that are 
not new, including recycled and retreaded tires; (2) non-pneumatic 
tires, such as solid rubber tires; and (3) tires that exhibit each 
of the following physical characteristics: (a) the designation 
``MH'' is molded into the tire's sidewall as part of the size 
designation; (b) the tire incorporates a warning, prominently molded 
on the sidewall, that the tire is for ``Mobile Home Use Only''; and 
(c) the tire is of bias construction as evidenced by the fact that 
the construction code included in the size designation molded into 
the tire's sidewall is not the letter ``R.''
    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: 4011.69.0020, 
4011.69.0090, 4011.70.00, 4011.90.80, 4011.99.4520, 4011.99.4590, 
4011.99.8520, 4011.99.8590, 8708.70.4530, 8708.70.6030, 
8708.70.6060, and 8716.90.5059.\7\
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    \7\ On August 26, 2016, Commerce included HTSUS subheadings 
4011.69.0020, 4011.69.0090, and 8716.90.5059 to the case reference 
files, pursuant to requests by U.S. Customs and Border Protection 
(CBP) and the petitioner. See Memorandum, ``Requests from Customs 
and Border Protection and the Petitioner to Update the ACE Case 
Reference File,'' dated August 26, 2016. On January 19, 2017, 
Commerce included HTSUS subheadings 4011.70.00 and 4011.90.80 to the 
case reference files, pursuant to requests by CBP. See Memorandum, 
``Requests from Customs and Border Protection to Update the ACE Case 
Reference File,'' dated January 19, 2017.
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    While HTSUS subheadings are provided for convenience and for 
customs purposes, the written description of the subject merchandise 
is dispositive.
    Also, excluded from the scope of the Orders are size 8-14.5 
truck and bus tires imported by America Koryo, Inc. from China. 
Included within the scope are size 11-22.5 truck and bus tires 
imported by America Koryo, Inc. from China.\8\
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    \8\ See Notice of Scope Rulings, 85 FR 35261 (June 9, 2020).

[FR Doc. 2024-19390 Filed 8-28-24; 8:45 am]
BILLING CODE 3510-DS-P