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Certain New Pneumatic Off-the-Road Tires From India: Antidumping Duty Order

American Government Special Collections Reference Desk

American Government

Certain New Pneumatic Off-the-Road Tires From India: Antidumping Duty Order

Ronald K. Lorentzen
Department of Commerce
6 March 2017


[Federal Register Volume 82, Number 42 (Monday, March 6, 2017)]
[Notices]
[Pages 12553-12555]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-04432]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-533-869]


Certain New Pneumatic Off-the-Road Tires From India: Antidumping 
Duty Order

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

SUMMARY: Based on an affirmative amended final determination by the 
Department of Commerce (the Department) and an affirmative final 
determination by the International Trade Commission (the ITC), the 
Department is issuing an antidumping duty order on certain new 
pneumatic off-the-road tires (off road tires) from India.

DATES: Effective March 6, 2017.

FOR FURTHER INFORMATION CONTACT: Lilit Astvatsatrian or Trisha Tran, 
AD/CVD Operations, Office IV, Enforcement and Compliance, International 
Trade Administration, U.S. Department of Commerce, 1401 Constitution 
Avenue NW., Washington, DC 20230; telephone: (202) 482-6412 or (202) 
482-4852, respectively.

SUPPLEMENTARY INFORMATION:

Background

    In accordance with sections 735(d) and 777(i)(1) of the Tariff Act 
of 1930, as amended (the Act), and 19 CFR 351.210(c), on January 17, 
2017, the Department published its final negative determination of 
sales at less-than-fair-value (LTFV) with respect to off-the-road tires 
from India.\1\ Pursuant to section 735(e) of the Act and 19 CFR 
351.224(e), which provide for the correction of ministerial errors, on 
February 2, 2017, the Department published its affirmative amended 
final determination of sales at LTFV.\2\ On February 23, 2017, the ITC 
notified the Department of its 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 the LTFV imports of off road 
tires from India.\3\
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    \1\ See Certain New Pneumatic Off-the-Road Tires from India: 
Final Negative Determination of Sales at Less Than Fair Value and 
Final Determination of Critical Circumstances, 82 FR 4848 (January 
17, 2017).
    \2\ See Certain New Pneumatic Off-the-Road Tires from India: 
Affirmative Amended Final Determination of Sales at Less Than Fair 
Value and Final Negative Determination of Critical Circumstances, 82 
FR 9056 (February 2, 2017) (Amended Final Determination).
    \3\ See Letter to Ronald Lorentzen, Acting Assistant Secretary 
of Commerce for Enforcement and Compliance, from Rhonda K. 
Schmidtlein, Chairman of the U.S. International Trade Commission, 
regarding off the road tires from the India and Sri Lanka (February 
23, 2017). See also Certain New Pneumatic Off-the-Road Tires from 
India and Sri Lanka, Investigation Nos. 
701[hyphen]TA[hyphen]552[hyphen]553 and 731[hyphen]TA[hyphen]1308 
(Final), USITC Publication 4669 (February 2017).
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Scope of the Order

    The products covered by this order are off road tires, which are 
tires with an off road tire size designation. For a complete 
description of the scope of the order, see Appendix I.

Antidumping Duty Order

    In accordance with sections 735(b)(1)(A)(i) and 735(d) of the Act, 
the ITC notified the Department of its final determination that the 
industry in the United States producing off road tires is materially 
injured by reason of the LTFV imports of off road tires from India.\4\ 
Therefore, in accordance with section 735(c)(2) of the Act, we are 
publishing this antidumping duty order.
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    \4\ Id.
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    As a result of the ITC's final determination, in accordance with 
section 736(a)(1) of the Act, the Department will direct U.S. Customs 
and Border Protection (CBP) to assess, upon further instruction by the 
Department, 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 off-road 
tires from India. Antidumping duties will be assessed on unliquidated 
entries of off road tires from India entered, or withdrawn from 
warehouse, for consumption on or after February 2, 2017, the date of 
publication of the Amended Final Determination.\5\
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    \5\ Amended Final Determination.
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Continuation of Suspension of Liquidation

    In accordance with section 735(c)(1)(B) of the Act, the Department 
will instruct CBP to continue to suspend liquidation on all relevant 
entries of off road tires from India. These instructions suspending 
liquidation will remain in effect until further notice.
    We will also instruct CBP to require cash deposits equal to the 
estimated weighted-average dumping margins indicated below. 
Accordingly, effective on the date of publication of the ITC's final 
affirmative injury determinations, CBP will require, at the same time 
as importers would normally deposit estimated duties on this subject 
merchandise, a cash deposit equal to the estimated weighted-average 
antidumping duty margins listed below.\6\ The all-others rate applies 
to all producers or exporters not specifically listed. For the purposes 
of determining cash deposit rates, the estimated weighted-average 
dumping margins for imports of subject merchandise from India have been 
adjusted for export subsidies found in the amended final determination 
of the companion countervailing duty investigation of this merchandise 
(i.e., 4.72 percent).\7\
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    \6\ See Section 736(a)(3) of the Act.
    \7\ See Certain New Pneumatic Off-the-Road Tires from India and 
Sri Lanka: Amended Final Affirmative Countervailing Duty 
Determination for India and Countervailing Duty Orders, dated 
concurrently with this notice.
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Estimated Weighted-Average Dumping Margins

    The estimated weighted-average antidumping duty margin percentages 
are as follows:

[[Page 12554]]



------------------------------------------------------------------------
                                                                 Cash
                                                 Weighted-     deposit
                                                  average        rate
              Exporter/ producer                  dumping      adjusted
                                                   margin    for subsidy
                                                 (percent)      offset
                                                              (percent)
------------------------------------------------------------------------
ATC Tires Private Ltd.........................         3.67         0.00
All-Others....................................         3.67         0.00
------------------------------------------------------------------------

Notification to Interested Parties

    This notice constitutes the antidumping duty order with respect to 
off road tires from India pursuant to section 736(a) of the Act. 
Interested parties can find a list of antidumping duty orders currently 
in effect at http://enforcement.trade.gov/stats/iastats1.html.
    These orders are published in accordance with section 736(a) of the 
Act and 19 CFR 351.211(b).

    Dated: March 2, 2017.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.

Appendix I

Scope of the Order

    The scope of the order is certain new pneumatic off-the-road 
tires (off-road tires). Off-road tires are tires with an off road 
tire size designation. The tires included in the scope may be either 
tube-type \8\ or tubeless, radial, or non-radial, regardless of 
whether for original equipment manufacturers or the replacement 
market.
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    \8\ While tube-type tires are subject to the scope of these 
proceedings, tubes and flaps are not subject merchandise and 
therefore are not covered by the scope of these proceedings, 
regardless of the manner in which they are sold (e.g., sold with or 
separately from subject merchandise).
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    Subject tires may have the following prefix or suffix 
designation, which appears on the sidewall of the tire:
    Prefix designations:
    DH--Identifies a tire intended for agricultural and logging 
service which must be mounted on a DH drop center rim.
    VA--Identifies a tire intended for agricultural and logging 
service which must be mounted on a VA multipiece rim.
    IF--Identifies an agricultural tire to operate at 20 percent 
higher rated load than standard metric tires at the same inflation 
pressure.
    VF--Identifies an agricultural tire to operate at 40 percent 
higher rated load than standard metric tires at the same inflation 
pressure.
    Suffix designations:
    ML--Mining and logging tires used in intermittent highway 
service.
    DT--Tires primarily designed for sand and paver service.
    NHS--Not for Highway Service.
    TG--Tractor Grader, off-the-road tire for use on rims having 
bead seats with nominal +0.188'' diameter (not for highway service).
    K--Compactor tire for use on 5[deg] drop center or semi-drop 
center rims having bead seats with nominal minus 0.032 diameter.
    IND--Drive wheel tractor tire used in industrial service.
    SL--Service limited to agricultural usage.
    FI--Implement tire for agricultural towed highway service.
    CFO--Cyclic Field Operation.
    SS--Differentiates tires for off-highway vehicles such as mini 
and skid-steer loaders from other tires which use similar size 
designations such as 7.00-15TR and 7.00-15NHS, but may use different 
rim bead seat configurations.
    All tires marked with any of the prefixes or suffixes listed 
above in their sidewall markings are covered by the scope regardless 
of their intended use.
    In addition, all tires that lack any of the prefixes or suffixes 
listed above 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 
following sections of the Tire and Rim Association Year Book, as 
updated annually, unless the tire falls within one of the specific 
exclusions set forth below. The sections of the Tire and Rim 
Association Year Book listing numerical size designations of covered 
certain off road tires include:
    The table of mining and logging tires included in the section on 
Truck-Bus tires;
    The entire section on Off-the-Road tires;
    The entire section on Agricultural tires; and
    The following tables in the section on Industrial/ATV/Special 
Trailer tires:
     Industrial, Mining, Counterbalanced Lift Truck (Smooth 
Floors Only);
     Industrial and Mining (Other than Smooth Floors);
     Construction Equipment;
     Off-the-Road and Counterbalanced Lift Truck (Smooth 
Floors Only);
     Aerial Lift and Mobile Crane; and
     Utility Vehicle and Lawn and Garden Tractor.
    Certain off road 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 certain off road tires produced 
in the subject countries whether mounted on wheels or rims in a 
subject country or in a third country. Certain off road tires are 
covered whether or not they are accompanied by other parts, e.g., a 
wheel, rim, axle parts, bolts, nuts, etc. Certain off road tires 
that enter attached to a vehicle are not covered by the scope.
    Specifically excluded from the scope are passenger vehicle and 
light truck tires, racing tires, mobile home tires, motorcycle 
tires, all-terrain vehicle tires, bicycle tires, on-road or on-
highway trailer tires, and truck and bus tires. Such tires generally 
have in common that the symbol ``DOT'' must appear on the sidewall, 
certifying that the tire conforms to applicable motor vehicle safety 
standards. Such excluded tires may also have the following prefixes 
and suffixes included as part of the size designation on their 
sidewalls:
    Prefix letter designations:
    AT--Identifies a tire intended for service on All-Terrain 
Vehicles;
    P--Identifies a tire intended primarily for service on passenger 
cars;
    LT--Identifies a tire intended primarily for service on light 
trucks;
    T--Identifies a tire intended for one-position ``temporary use'' 
as a spare only; and
    ST--Identifies a special tire for trailers in highway service.
    Suffix letter designations:
    TR--Identifies a tire for service on trucks, buses, and other 
vehicles with rims having specified rim diameter of nominal plus 
0.156'' or plus 0.250'';
    MH--Identifies tires for Mobile Homes;
    HC--Identifies a heavy duty tire designated for use on ``HC'' 
15'' tapered rims used on trucks, buses, and other vehicles. This 
suffix is intended to differentiate among tires for light trucks, 
and other vehicles or other services, which use a similar 
designation.
    Example: 8R17.5 LT, 8R17.5 HC;
    LT--Identifies light truck tires for service on trucks, buses, 
trailers, and multipurpose passenger vehicles used in nominal 
highway service;
    ST--Special tires for trailers in highway service; and
    M/C--Identifies tires and rims for motorcycles.
    The following types of tires are also excluded from the scope: 
Pneumatic tires that are not new, including recycled or retreaded 
tires and used tires; non-pneumatic tires, including solid rubber 
tires; aircraft tires; and turf, lawn and garden, and golf tires. 
Also excluded from the scope are mining and construction tires that 
have a rim diameter equal to or exceeding 39 inches. Such tires may 
be distinguished from other tires of similar size by the number of 
plies that the construction and mining tires contain (minimum of 16) 
and the weight of such tires (minimum 1500 pounds).
    The subject merchandise is currently classifiable under 
Harmonized Tariff Schedule of the United States (HTSUS) subheadings: 
4011.20.1025, 4011.20.1035, 4011.20.5030, 4011.20.5050, 
4011.70.0010, 4011.62.0000, 4011.80.1010, 4011.80.1020, 
4011.90.1050, 4011.70.0050, 4011.80.2010, 4011.80.8010, 
4011.80.2020, 4011.80.8020, 8431.49.9038, 8431.49.9090, 
8709.90.0020, and 8716.90.1020.\9\ Tires meeting the scope 
description may also enter under the following HTSUS subheadings: 
4011.90.2050, 4011.90.8050, 8424.90.9080, 8431.20.0000, 
8431.39.0010, 8431.49.1090, 8431.49.9030, 8432.90.0020, 
8432.90.0040, 8432.90.0050, 8432.90.0060, 8432.90.0081, 
8433.90.5010, 8503.00.9560, 8708.70.0500, 8708.70.2500, 
8708.70.4530, 8716.90.5035, 8716.90.5056 and 8716.90.5059.\10\ While

[[Page 12555]]

HTSUS subheadings are provided for convenience and customs purposes, 
the written description of the subject merchandise is dispositive.
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    \9\ Prior to January 1, 2017, subject merchandise was 
classifiable under the following HTSUS numbers which have been 
deleted or discontinued: 4011.61.0000, 4011.63.0000, 4011.69.0050, 
4011.92.0000, 4011.93.4000, 4011.93.8000, 4011.94.4000, and 
4011.94.8000.
    \10\ Prior to January 1, 2017, tires meeting the scope 
description may also enter under the following HTSUS subheadings 
which have been deleted or discontinued: 4011.99.4550, 4011.99.8550, 
8432.90.0005, 8432.90.0015, 8432.90.0030, 8432.90.0080, and 
8716.90.5055.

[FR Doc. 2017-04432 Filed 3-3-17; 8:45 am]
BILLING CODE 3510-DS-P

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