Notice2026-04881
Passenger Vehicle and Light Truck Tires From Taiwan: Notice of Court Decision Not in Harmony With Final Scope Ruling; Notice of Amended Final Scope Ruling Pursuant to Court Decision
Primary source
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Published
March 12, 2026
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
On February 20, 2026, the U.S. Court of International Trade (CIT) issued its final judgment in United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, AFL-CIO, CLC., v. United States, Court No. 24- 00165, sustaining the U.S. Department of Commerce (Commerce)'s first remand redetermination pertaining to the scope ruling for the antidumping duty order on passenger vehicle and light truck tires (passenger tires) from Taiwan finding temporary-use spare tires (T-type tires) produced by Cheng Shin Rubber Industry Co. Ltd. (Cheng Shin) and imported by Cheng Shin Rubber U.S.A. Inc. (UCS) to be included in the order. Commerce is notifying the public that the CIT's final judgment is not in harmony with Commerce's scope ruling, and that Commerce is amending the scope ruling to find that T-type tires are included in the order.
Full Text
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<title>Federal Register, Volume 91 Issue 48 (Thursday, March 12, 2026)</title>
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[Federal Register Volume 91, Number 48 (Thursday, March 12, 2026)]
[Notices]
[Page 12139]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-04881]
[[Page 12139]]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-583-869]
Passenger Vehicle and Light Truck Tires From Taiwan: Notice of
Court Decision Not in Harmony With Final Scope Ruling; Notice of
Amended Final Scope Ruling Pursuant to Court Decision
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: On February 20, 2026, the U.S. Court of International Trade
(CIT) issued its final judgment in United Steel, Paper and Forestry,
Rubber, Manufacturing, Energy, Allied Industrial and Service Workers
International Union, AFL-CIO, CLC., v. United States, Court No. 24-
00165, sustaining the U.S. Department of Commerce (Commerce)'s first
remand redetermination pertaining to the scope ruling for the
antidumping duty order on passenger vehicle and light truck tires
(passenger tires) from Taiwan finding temporary-use spare tires (T-type
tires) produced by Cheng Shin Rubber Industry Co. Ltd. (Cheng Shin) and
imported by Cheng Shin Rubber U.S.A. Inc. (UCS) to be included in the
order. Commerce is notifying the public that the CIT's final judgment
is not in harmony with Commerce's scope ruling, and that Commerce is
amending the scope ruling to find that T-type tires are included in the
order.
DATES: Applicable March 2, 2026.
FOR FURTHER INFORMATION CONTACT: Toni Page, AD/CVD Operations, Office
VII, Enforcement and Compliance, International Trade Administration,
U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482-1398.
SUPPLEMENTARY INFORMATION:
Background
On August 5, 2024, Commerce found T-type tires produced by Cheng
Shin and imported from Taiwan by its U.S. affiliate UCS to be excluded
from the scope of the order.\1\ United Steel, Paper and Forestry,
Rubber, Manufacturing, Energy, Allied Industrial and Service Workers
International Union, AFL-CIO, CLC appealed Commerce's Final Scope
Ruling. On June 9, 2025, the CIT remanded the Final Scope Ruling to
Commerce, holding that Commerce's Final Scope Ruling was not in
accordance with law and not supported by substantial evidence.\2\ In
its opinion, the Court stated that Commerce failed to explain how
evidence supported its determination that Cheng Shin's tires do not fit
passenger cars or light trucks.\3\
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\1\ See Memorandum, ``Final Scope Ruling on Cheng Shin and UCS'
Temporary-Use Spare Tires,'' dated August 5, 2024 (Final Scope
Ruling).
\2\ See United Steel, Paper and Forestry, Rubber, Manufacturing,
Energy, Allied Industrial and Service Workers International Union,
AFL-CIO, CLC, v. United States, Court No. 24-00165, Slip Op. 25-72
(June 9, 2025) (Remand Order).
\3\ Id.
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In its final remand redetermination, issued in June 2025, Commerce
determined that Cheng Shin's T-type tires are covered by the plain
language of the scope of the Order and the tires did not qualify for a
temporary tire exclusion because the size designation and load index
combination were not listed in the 2019 Tire and Rim Association Year
Book.\4\ The CIT sustained Commerce's final redetermination.\5\
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\4\ See Final Results of Redetermination Pursuant to Court
Remand, United Steel, Paper and Forestry, Rubber, Manufacturing,
Energy, Allied Industrial and Service Workers International Union,
AFL-CIO, CLC v. United States, Court No. 24-00165, dated June 9,
2025 (Final Remand); see also Passenger Vehicle and Light Truck
Tires from the Republic of Korea, Taiwan, and Thailand: Antidumping
Duty Orders and Amended Final Affirmative Antidumping Duty
Determination for Thailand, 86 FR 38011 (July 19, 2021) (Order).
\5\ See United Steel, Paper and Forestry, Rubber, Manufacturing,
Energy, Allied Industrial and Service Workers International Union,
AFL-CIO, CLC v. United States, Slip Op. 26-18, Court No. 24-00165
(CIT February 20, 2026).
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Timken Notice
In its decision in Timken,\6\ as clarified by Diamond Sawblades,\7\
the U.S. Court of Appeals for the Federal Circuit held that, pursuant
to section 516A(c) and (e) of the Tariff Act of 1930, as amended (the
Act), Commerce must publish a notice of court decision that is not ``in
harmony'' with a Commerce determination and must suspend liquidation of
entries pending a ``conclusive'' court decision. The CIT's February 20,
2026, judgment constitutes a final decision of the CIT that is not in
harmony with Commerce's Final Scope Ruling. Thus, this notice is
published in fulfillment of the publication requirements of Timken.
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\6\ See Timken Co. v. United States, 893 F.2d 337 (Fed. Cir.
1990) (Timken).
\7\ See Diamond Sawblades Manufacturers Coalition v. United
States, 626 F.3d 1374 (Fed. Cir. 2010) (Diamond Sawblades).
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Amended Final Scope Ruling
In accordance with the CIT's February 20, 2026, final judgment,
Commerce is amending its Final Scope Ruling and finds that the scope of
the Order covers the products addressed in the Final Scope Ruling.
Liquidation of Suspended Entries
Commerce will instruct U.S. Customs and Border Protection (CBP) to
suspend liquidation of Cheng Shin's T-type tires and to require cash
deposits at the appropriate rate.\8\ In the event that the CIT's ruling
is not appealed or is upheld on appeal, Commerce will instruct CBP to
liquidate entries of T-type tires produced by Cheng Shin and imported
by UCS appropriately.
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\8\ See Passenger Vehicle and Light Truck Tires from Taiwan:
Final Affirmative Determination of Sales at Less Than Fair Value, 86
FR 28563, 28564 (May 27, 2021).
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Notification to Interested Parties
This notice is issued and published in accordance with sections
516A(c) and (e) and 777(i)(1) of the Act.
Dated: March 9, 2026.
Christopher Abbott,
Deputy Assistant Secretary for Policy and Negotiations, performing the
non-exclusive functions and duties of the Assistant Secretary for
Enforcement and Compliance.
[FR Doc. 2026-04881 Filed 3-11-26; 8:45 am]
BILLING CODE 3510-DS-P
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