Certain New Pneumatic Off-the-Road Tires From the People's Republic of China: Final Results of Sunset Reviews and Revocation of Antidumping Duty and Countervailing Duty Orders
| Published date | 10 May 2019 |
| Citation | 84 FR 20616 |
| Record Number | 2019-09670 |
| Section | Notices |
| Court | Commerce Department,International Trade Administration |
Federal Register, Volume 84 Issue 91 (Friday, May 10, 2019)
[Federal Register Volume 84, Number 91 (Friday, May 10, 2019)]
[Notices]
[Pages 20616-20618]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-09670]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-912 and C-570-913]
Certain New Pneumatic Off-the-Road Tires From the People's
Republic of China: Final Results of Sunset Reviews and Revocation of
Antidumping Duty and Countervailing Duty Orders
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) is revoking the
antidumping duty and countervailing duty orders on certain new
pneumatic off-the-road tires (OTR Tires) from the People's Republic of
China (China).
DATES: Applicable February 4, 2019.
FOR FURTHER INFORMATION CONTACT: Thomas Dunne or Jacqueline Arrowsmith
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) 482-2328
or (202) 482-5255, respectively.
SUPPLEMENTARY INFORMATION:
Background
On September 4, 2008, Commerce issued antidumping duty and
countervailing duty orders on OTR Tires from China.\1\ In the first
sunset review of each order, Commerce and the International Trade
Commission (ITC) determined that continuation of each order was
warranted.\2\
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\1\ See Certain New Pneumatic Off-the-Road Tires from the
People's Republic of China: Notice of Amended Final Affirmative
Determination of Sales at Less Than Fair Value and Antidumping Duty
Order, 73 FR 51624 (September 4, 2008); see also Certain New
Pneumatic Off-the-Road Tires from the People's Republic of China:
Countervailing Duty Order, 73 FR 51627 (September 4, 2008).
\2\ See Certain New Pneumatic Off-the-Road Tires from the
People's Republic of China: Continuation of Antidumping and
Countervailing Duty Orders 79 FR 6539 (February 4, 2014)
(Continuation Notice).
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On February 5, 2019, Commerce initiated the current sunset reviews
pursuant to section 751(c) of the Tariff Act of 1930, as amended (the
Act) and 19 CFR 351.218.\3\ We did not receive a notice of intent to
participate from the domestic interested parties in either sunset
review. As a result, in accordance with 19 CFR 351.218(d)(1)(iii)(A),
Commerce has determined that no domestic interested party intends to
participate in these sunset reviews. On February 21, 2019, in
accordance with 19 CFR 351.218(d)(1)(iii)(B)(2), Commerce notified the
ITC in writing that we intended to revoke the antidumping duty and
countervailing duty orders on OTR Tires China.\4\
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\3\ See Initiation of Five-Year (Sunset) Reviews 84 FR 1705
(February 5, 2019).
\4\ See Department Letter re: Sunset Review Initiated on
February 5, 2019 Applicable to January 2019 (February 21, 2019).
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Scope of the Orders
The products covered by the orders are certain new pneumatic tires
designed for off-the-road (OTR) and off highway use, subject to
exceptions identified below. Certain OTR tires are generally designed,
manufactured and offered for sale for use on off-road or off-highway
surfaces, including but not
[[Page 20617]]
limited to, agricultural fields, forests, construction sites, factory
and warehouse interiors, airport tarmacs, ports and harbors, mines,
quarries, gravel yards, and steel mills. The vehicles and equipment for
which certain OTR tires are designed for use include, but are not
limited to: (1) Agricultural and forestry vehicles and equipment,
including agricultural tractors,\5\ combine harvesters,\6\ agricultural
high clearance sprayers,\7\ industrial tractors,\8\ log-skidders,\9\
agricultural implements, highway towed implements, agricultural
logging, and agricultural, industrial, skid-steers/mini-loaders; \10\
(2) construction vehicles and equipment, including earthmover
articulated dump products, rigid frame haul trucks,\11\ front end
loaders,\12\ dozers,\13\ lift trucks, straddle carriers,\14\
graders,\15\ mobile cranes,\16\ compactors; and (3) industrial vehicles
and equipment, including smooth floor, industrial, mining,
counterbalanced lift trucks, industrial and mining vehicles other than
smooth floor, skid-steers/mini-loaders, and smooth floor off-the road
counterbalanced lift trucks.\17\ The foregoing list of vehicles and
equipment generally have in common that they are used for hauling,
towing, lifting, and/or loading a wide variety of equipment and
materials in agricultural, construction and industrial settings. Such
vehicles and equipment, and the descriptions contained in the footnotes
are illustrative of the types of vehicles and equipment that use
certain OTR tires but are not necessarily all-inclusive. While the
physical characteristics of certain OTR tires will vary depending on
the specific applications and conditions for which the tires are
designed (e.g., tread pattern and depth), all the tires within the
scope have in common that they are designed for off-road and off-
highway use. Except as discussed below, OTR tires included in the scope
of the proceedings range in size (rim diameter) generally but not
exclusively from 8 inches to 54 inches. The tires may be either tube-
type 17 or tubeless, radial or non-radial, and intended for sale either
to original equipment manufacturers or the replacement market. The
subject merchandise is currently classifiable under Harmonized Tariff
Schedule of the United States (HTSUS) subheadings: 4011.20.10.25,
4011.20.10.35, 4011.20.50.30, 4011.20.50.50, 4011.61.00.00,
4011.62.00.00, 4011.63.00.00, 4011.69.00.00, 4011.92.00.00,
4011.93.40.00, 4011.93.80.00, 4011.94.40.00, and 4011.94.80.00. While
HTSUS subheadings are provided for convenience and customs purposes,
our written description of the scope is dispositive. Specifically
excluded from the scope are new pneumatic tires designed, manufactured
and offered for sale primarily for on-highway or on-road use, including
passenger cars, race cars, station wagons, sport utility vehicles,
minivans, mobile homes, motorcycles, bicycles, on-road or on-highway
trailers, light trucks, and trucks and buses. 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 designations
that are used by the Tire and Rim Association:
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\5\ Agricultural tractors are dual-axle vehicles that typically
are designed to pull farming equipment in the field and that may
have front tires of a different size than the rear tires.
\6\ Combine harvesters are used to harvest crops such as corn or
wheat.
\7\ Agricultural sprayers are used to irrigate agricultural
fields.
\8\ Industrial tractors are dual-axle vehicles that typically
are designed to pull industrial equipment and that may have front
tires of a different size than the rear tires.
\9\ A log-skidder has a grappling lift arm that is used to
grasp, lift and move trees that have been cut down to a truck or
trailer for transport to a mill or other destination.
\10\ Skid-steer loaders are four-wheel drive vehicles with the
left-side drive wheels independent of the right-side drive wheels
and lift arms that lie alongside the driver with the major pivot
points behind the driver's shoulders. Skid-steer loaders are used in
agricultural, construction and industrial settings.
\11\ Haul trucks, which may be either rigid frame or articulated
(i.e., able to bend in the middle) are typically used in mines,
quarries and construction sites to haul soil, aggregate, mined ore,
or debris.
\12\ Front loaders have lift arms in front of the vehicle. They
can scrape material from one location to another, carry material in
their buckets, or load material into a truck or trailer.
\13\ A dozer is a large four-wheeled vehicle with a dozer blade
that is used to push large quantities of soil, sand, rubble, etc.,
typically around construction sites. They can also be used to
perform ``rough grading'' in road construction.
\14\ A straddle carrier is a rigid frame, engine powered machine
that is used to load and offload containers from container vessels
and load them onto (or off of) tractor trailers.
\15\ A grader is a vehicle with a large blade used to create a
flat surface. Graders are typically used to perform ``finish
grading.'' Graders are commonly used in maintenance of unpaved roads
and road construction to prepare the base course onto which asphalt
or other paving material will be laid.
\16\ I.e., ``on-site'' mobile cranes designed for off highway
use.
\17\ A counterbalanced lift truck is a rigid framed, engine-
powered machine with lift arms that has additional weight
incorporated into the back of the machine to offset or
counterbalance the weight of loads that it lifts so as to prevent
the vehicle from overturning. An example of a counterbalanced lift
truck is a counterbalanced fork lift truck. Counterbalanced lift
trucks may be designed for use on smooth floor surfaces, such as a
factory or warehouse, or other surfaces, such as construction sites,
mines, etc.
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Prefix letter designations:
P--Identifies a tire intended primarily for service on
passenger cars;
LT--Identifies a tire intended primarily for service on
light trucks; 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; and
MC--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;
tires of a kind designed for use on aircraft, all-terrain vehicles, and
vehicles for turf, lawn and garden, golf and trailer applications. Also
excluded from the scope are radial and bias tires of a kind designed
for use in mining and construction vehicles and equipment 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).
Revocation
Pursuant to section 751(c)(3)(A) of the Act and 19 CFR
351.218(d)(1)(iii)(B)(3), if no domestic interested parties respond to
a notice of initiation, Commerce shall, within 90 days after the
initiation of the review, revoke the order. Because no domestic
interested party filed a notice of intent to participate in these
sunset reviews, we are revoking the antidumping duty and countervailing
duty orders on OTR Tires from China.
Effective Date of Revocation
Pursuant to sections 751(c)(3)(A) and 751(c)(6)(A)(iii) of the Act,
and 19 CFR
[[Page 20618]]
351.222(i)(2)(i), Commerce will instruct U.S. Customs and Border
Protection to terminate the suspension of liquidation of the
merchandise subject to these orders entered, or withdrawn from
warehouse, on or after February 4, 2019, the fifth anniversary of the
date of publication of the last continuation notice.\18\ Entries of
subject merchandise prior to the effective date of revocation will
continue to be subject to suspension of liquidation and antidumping
duty and countervailing duty deposit requirements. Commerce will
complete any pending reviews of these orders and will conduct
administrative reviews of subject merchandise entered prior to the
effective date of revocation in response to appropriately filed
requests for review.
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\18\ See Continuation Notice.
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These five-year (sunset) reviews, the revocation of the AD and CVD
orders, and this notice are issued and published in accordance with
sections 751(c)(3)(A) and 777(i)(1) of the Act and 19 CFR
351.218(d)(1)(iii)(B)(3).
Dated: May 6, 2019.
Jeffrey I. Kessler,
Assistant Secretary, for Enforcement and Compliance.
[FR Doc. 2019-09670 Filed 5-9-19; 8:45 am]
BILLING CODE 3510-DS-P
