Notice2024-29606
Truck and Bus Tires From Thailand: Antidumping Duty Order
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
December 17, 2024
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
Based on the affirmative final determinations by the U.S. Department of Commerce (Commerce) and the U.S. International Trade Commission (ITC), Commerce is issuing an antidumping duty order on truck and bus tires from Thailand.
Full Text
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<title>Federal Register, Volume 89 Issue 242 (Tuesday, December 17, 2024)</title>
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[Federal Register Volume 89, Number 242 (Tuesday, December 17, 2024)]
[Notices]
[Pages 102111-102113]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-29606]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-549-848]
Truck and Bus Tires From Thailand: Antidumping Duty Order
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: Based on the affirmative final determinations by the U.S.
Department of Commerce (Commerce) and the U.S. International Trade
Commission (ITC), Commerce is issuing an antidumping duty order on
truck and bus tires from Thailand.
DATES: Applicable December 17, 2024.
FOR FURTHER INFORMATION CONTACT: Faris Montgomery or Jonathan Schueler,
AD/CVD Operations, Office VIII, Enforcement and Compliance,
International Trade Administration, U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-1537
or (202) 482-9175, respectively.
SUPPLEMENTARY INFORMATION:
Background
In accordance with sections 735(d) and 777(i) of the Tariff Act of
1930, as amended (the Act), on October 17, 2024, Commerce published in
the Federal Register its affirmative final determination of sales at
less-than-fair-value (LTFV) in the investigation of truck and bus tires
from Thailand.\1\ As part of its determination, Commerce made an
affirmative crticial cirumstances finding for Bridgestone Corporation
in the LTFV investigation. Pursuant to section 735(d) of the Act, on
December 2, 2024, the ITC notified Commerce of its affirmative 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 imports of truck and bus tires from Thailand that are sold in
the United States at LTFV.\2\ On December 6, 2024, in accordance with
section 735(d) of the Act, the ITC published in the Federal Register
its affirmative final injury determination in this investigation in
which it found that an industry in the United States is materially
injured by reason of imports of truck and bus tires from Thailand.\3\
In addition, the ITC found that critical circumstances do not exist
with regard to imports of truck and bus tires from Thailand.\4\
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\1\ See Truck and Bus Tires from Thailand: Final Affirmative
Determination of Sales at Less Than Fair Value and Final Affirmative
Determination of Critical Circumstances, in Part, 89 FR 83636
(October 17, 2024) (Final Determination), and accompanying Issues
and Decision Memorandum.
\2\ See ITC's Letter, ``Notification of ITC Final
Determination,'' dated December 2, 2024.
\3\ See Truck and Bus Tires from Thailand, 89 FR 97069 (December
6, 2024) (ITC Final Determination).
\4\ Id.
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Scope of the Order
The products covered by this order are truck and bus tires from
Thailand. For a complete description of the scope of this order, see
the appendix to this notice.
Antidumping Duty Order
Based on the above-referenced affirmative final determinations, in
accordance with sections 735(c)(2) and 736 of the Act, Commerce is
issuing this antidumping duty order. Moreover, because the ITC
determined that U.S. imports of truck and bus tires from Thailand are
materially injuring a U.S. industry, unliquidated entries of such
merchandise from Thailand, entered or withdrawn from warehouse for
consumption, as described below, are subject to the assessment of
antidumping duties.
Therefore, in accordance with section 736(a)(1) of the Act,
Commerce will direct U.S. Customs and Border Protection (CBP) to
assess, upon further instruction by Commerce, 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 truck and bus tires from Thailand. With the
exception of entries occurring after expiration of the provisional
measures period, but before publication of the ITC's final affirmative
injury determination, as further described below, antidumping duties
will be assessed on unliquidated U.S. entries of truck and bus tires
from Thailand entered, or withdrawn from warehouse, for consumption on
or after the date on which the suspension of liquidation was first
ordered. As discussed in the Final Determination, with respect to Prinx
Chengshan Tire (Thailand) Co., Ltd. (Prinx) this date is October 17,
2024, the date of publication of the Final Determination in the Federal
Register.\5\ With respect to Bridgestone Corporation and all other
companies, this date is May 20, 2024, the date of publication of the
Preliminary Determination in the Federal Register.\6\
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\5\ See Final Determination, 89 FR at 83638.
\6\ Id.; see also Truck and Bus Tires from Thailand: Preliminary
Affirmative Determination of Sales at Less Than Fair Value,
Preliminary Negative Determination of Critical Circumstances, and
Postponement of Final Determination, 89 FR 43806 (May 20, 2024)
(Preliminary Determination).
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[[Page 102112]]
Critical Circumstances
With respect to the ITC's negative critical circumstances
determination on imports of truck and bus tires from Thailand, we will
instruct CBP to lift the suspension of liquidation and to refund all
cash deposits for estimated antidumping duties with respect to entries
of the subject merchandise entered, or withdrawn from warehouse, for
consumption on or after February 20, 2024, which is 90 days prior to
the publication of the Preliminary Determination, but before May 20,
2024, which is the date of publication of the Preliminary
Determination.\7\
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\7\ See Preliminary Determination.
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Continuation of Suspension of Liquidation and Cash Deposits
Except as noted in the ``Provisional Measures'' section of this
notice below, in accordance with section 736 of the Act, Commerce will
instruct CBP to continue to suspend liquidation of all relevant entries
of truck and bus tires from Thailand. These instructions suspending
liquidation will remain in effect until further notice.
Commerce will also instruct CBP to require cash deposits at a rate
equal to the estimated weighted-average dumping margins listed in the
table below. Accordingly, effective on the date of publication in the
Federal Register of the notice of the ITC's affirmative final injury
determination, CBP will suspend the entries of liquidation of entries
of subject merchandise and require, at the same time as importers would
normally deposit estimated duties on subject merchandise, a cash
deposit equal to the weighted-average dumping margins listed in the
table below. The all-others rate applies to all producers or exporters
not specifically listed, as appropriate.
Estimated Weighted-Average Dumping Margins
The estimated weighted-average dumping margins for this antidumping
duty order are as follows:
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Weighted-
average
Producer or exporter dumping
margin
(percent)
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Bridgestone Corporation..................................... 48.39
Prinx Chengshan Tire (Thailand) Co., Ltd.................... 12.33
All Others.................................................. 12.33
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Provisional Measures
Section 733(d) of the Act states that suspension of liquidation
pursuant to an affirmative preliminary determination may not remain in
effect for more than four months, except where exporters representing a
significant proportion of exports of the subject merchandise request
that Commerce extend the four-month period to no more than six months.
Commerce published the Preliminary Determination in this investigation
on May 20, 2024. Commerce extended the deadline for issuing its final
determination in this investigation, which it published in the Federal
Register on October 17, 2024. Therefore, the six-month provisional
measures period beginning on the date of publication of the Preliminary
Determination for Bridgestone and all other companies ended on November
15, 2024. As noted above, suspension of liquidation for Prinx was not
ordered until October 17, 2024, the date of publication of the Final
Determination in the Federal Register; \8\ therefore, the six-month
provisional measures period for Prinx has not yet ended.
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\8\ See Final Determination, 89 FR at 83638.
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Consequently, in accordance with section 733(d) of the Act,
Commerce will instruct CBP to terminate the suspension of liquidation,
and to liquidate, without regard to antidumping duties, unliquidated
U.S. entries of truck and bus tires from Thailand entered, or withdrawn
from warehouse, for consumption on or after November 16, 2024, the
first day on which the provisional measures were no longer in effect
for Bridgestone and all other companies, through the day preceding the
date of publication of the ITC Final Determination in the Federal
Register. Suspension of liquidation and the collection of cash deposits
will resume on the date of publication of the ITC Final Determination
in the Federal Register.
Establishment of the Annual Inquiry Service Lists
On September 20, 2021, Commerce published the final rule titled
Regulations to Improve Administration and Enforcement of Antidumping
and Countervailing Duty Laws in the Federal Register.\9\ On September
27, 2021, Commerce published a notification titled Scope Ruling
Application; Annual Inquiry Service List; and Informational Sessions in
the Federal Register.\10\ The Final Rule and Procedural Guidance
provide that Commerce will maintain an annual inquiry service list for
each order or suspended investigation, and any interested party
submitting a scope ruling application or request for circumvention
inquiry shall serve a copy of the application or request on the persons
on the annual inquiry service list for that order, as well as any
companion order covering the same merchandise from the same country of
origin.\11\
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\9\ See Regulations to Improve Administration and Enforcement of
Antidumping and Countervailing Duty Laws, 86 FR 52300 (September 20,
2021) (Final Rule).
\10\ See Scope Ruling Application; Annual Inquiry Service List;
and Informational Sessions, 86 FR 53205 (September 27, 2021)
(Procedural Guidance).
\11\ Id.
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In accordance with the Procedural Guidance, for orders published in
the Federal Register after November 4, 2021, Commerce will create an
annual inquiry service list segment in Commerce's online e-filing and
document management system, Antidumping and Countervailing Duty
Electronic Service System (ACCESS), available at <a href="https://access.trade.gov">https://access.trade.gov</a>, within five business days of publication of the
notice of the order. Each annual inquiry service list will be
maintained in ACCESS, under each case number, and under a specific
segment type called ``AISL-Annual Inquiry Service List.'' \12\
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\12\ This segment will be combined with the ACCESS Segment
Specific Information (SSI) field which will display the month in
which the notice of the order or suspended investigation was
published in the Federal Register, also known as the anniversary
month. For example, for an order under case number A-000-000 that
was published in the Federal Register in January, the relevant
segment and SSI combination will appear in ACCESS as ``AISL-January
Anniversary.'' Note that there will be only one annual inquiry
service list segment per case number, and the anniversary month will
be pre-populated in ACCESS.
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Interested parties who wish to be added to the annual inquiry
service list for an order must submit an entry of appearance in the
annual inquiry service list segment in ACCESS for the order within 30
days after the date of publication of the order in the Federal
Register. For ease of administration, Commerce requests that a law firm
with more than one attorney representing an interested party in an
order designate a lead attorney to be included on the annual inquiry
service list. Commerce will finalize the annual inquiry service list
within five business days thereafter. As mentioned in the Procedural
Guidance, the new annual inquiry service list will be in place until
the following year, when the Opportunity Notice for the anniversary
month of the order is published in the Federal Register.
[[Page 102113]]
Commerce may update an annual inquiry service list at any time, as
needed, based on interested parties' amendments to their entries of
appearance to remove, or otherwise modify, their list of members and
representatives, or to update contact information. Changes or
announcements pertaining to these procedures will be posted to the
ACCESS website at <a href="https://access.trade.gov">https://access.trade.gov</a>.
Special Instructions for Petitioners and Foreign Governments
In the Final Rule, Commerce stated that, ``after an initial request
and placement on the annual inquiry service list, both petitioners and
foreign governments will automatically be placed on the annual inquiry
service list in the years that follow.'' \13\ Accordingly, as stated
above, the petitioners and foreign governments should submit their
initial entry of appearance after publication of this notice in the
Federal Register in order to appear in the first annual inquiry service
list. Pursuant to 19 CFR 351.225(n)(3), the petitioners and foreign
governments will not need to resubmit their entries of appearance each
year to continue to be included on the annual inquiry service list.
However, the petitioners and foreign governments are responsible for
making amendments to their entries of appearance during the annual
update to the annual inquiry service list in accordance with the
procedures described above.
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\13\ See Final Rule, 86 FR 52335.
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Notification to Interested Parties
This notice constitutes the antidumping duty order with respect to
truck and bus tires from Thailand, pursuant to section 736(a) of the
Act. Interested parties can find a list of antidumping duty orders
currently in effect at <a href="https://www.trade.gov/data-visualization/adcvd-proceedings">https://www.trade.gov/data-visualization/adcvd-proceedings</a>.
This antidumping duty order is issued and published in accordance
with section 736(a) of the Act and 19 CFR 351.211(b).
Dated: December 11, 2024.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.
Appendix
Scope of the Order
The scope of the order covers truck and bus tires. Truck and bus
tires are new pneumatic tires, of rubber, with a truck or bus size
designation. Truck and bus tires covered by the scope may be tube-type,
tubeless, radial, or non-radial (also known as bias construction or
bias-ply). 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 scope regardless of their intended use.
In addition, all tires that lack one of the above suffix markings
are included in the scope, 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 trucks or busses. Sizes that fit trucks and busses include, but
are not limited to, the numerical size designations listed in the
``Truck-Bus'' section of the Tire and Rim Association Year Book, as
updated annually. The scope includes all tires that are of a size that
fits trucks or busses, 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 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
(also known as non-radial 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: 4011.90.1010, 4011.90.1050,
4011.90.2010, 4011.90.2050, 4011.90.8010, 4011.90.8050, 8708.70.4530,
8708.70.4546, 8708.70.4548, 8708.70.4560, 8708.70.6030, 8708.70.6045,
8708.70.6060, and 8716.90.5059.
While HTSUS subheadings are provided for convenience and for
customs purposes, the written description of the subject merchandise is
dispositive.
[FR Doc. 2024-29606 Filed 12-16-24; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on December 17, 2024.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.