AD: China Certain New Pneumatic Off-the-Road Tires

Combination Rates

The ITA has calculated combination rates for respondents that are eligible for a separate rate in this investigation. (See ITT's Online Archives or 04/11/05 news, (Ref: 05041110), for BP summary of 2005 policy bulletin outlining this change in practice with regard to AD combination rates for non-market economies (NMEs).)

Critical Circumstances, AD Suspension of Liquidation for China-wide Entity

The ITA continues to find that critical circumstances exist for the China-wide entity, and will instruct U.S. Customs and Border Protection to continue AD suspension of liquidation of all entries of OTR tires from the China-wide entity with a time of entry on or after November 22, 2007 (90 days prior to the date of publication of the preliminary determination).

AD Suspension of Liquidation for Mandatory, Separate Rate Respondents

The ITA continues to find that critical circumstances do not exist for mandatory respondents Starbright, TUTRIC, Guizhou Tyre and the separate rate respondents; therefore, the ITA will instruct CBP to continue to suspend liquidation of all imports of subject merchandise by these companies with a time of entry on or after February 20, 2008 (the date of publication of the preliminary determination).

Targeted Dumping, AD Duty Rate of Zero for Xugong

The ITA found targeted dumping for mandatory respondent Xuzhou Xugong Tyres Co., Ltd., and that the weighted-average dumping margin for subject merchandise produced and exported by Xugong is zero.

Therefore, the ITA is instructing CBP to terminate suspension of liquidation of all imports of subject merchandise produced and exported by Xugong with a time of entry on or after February 20, 2008. CBP shall refund any cash deposit and release any bond or other security previously posted in connection with merchandise produced and exported by Xugong.

AD Cash Deposit/Bond Requirements

CBP will require an AD cash deposit or the posting of a bond at the AD rates specified below for entries of OTR tires from China (except those produced and exported by Xugong) with a time of entry on or after July 15, 2008 (as the rates have changed since the preliminary determination):

(a) The ITA found that Xugong's overall margin is zero; therefore, no cash deposit is required.

AD Duty Order if ITC finds Injury/Threat of Injury

Within 45 days, the ITC will determine whether the domestic industry in the U.S. is materially injured, or threatened with material injury, by reason of imports or sales (or the likelihood of sales) for importation of the subject merchandise.

If the ITC determines that material injury or threat of material injury does not exist, the proceeding will be terminated and all securities posted will be refunded or canceled.

If the ITC determines that such injury does exist, the ITA will issue an AD duty order directing CBP to assess AD duties on all imports of the subject merchandise with a time of entry on or after the effective date of the suspension of liquidation.

Changes to the Scope of the Investigation

The ITA has amended two paragraphs in the scope of investigation, as follows (deleted text is crossed out, added text is underlined; see final determination for scope of investigation without the changes noted):

(1) " 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 foregoing 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.

(2) "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.; and,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.

(See ITA notice for more information, changes to the targeted dumping test, etc.

See ITT's Online Archives or 02/21/08 news, (Ref: 08022140), for BP summary of the ITA's preliminary affirmative AD determination. See ITT's Online Archives or 04/22/08 news, (Ref: 08042235), for BP summary of the ITA's preliminary determination of critical circumstances for the China-wide entity.

See today's issue of ITT, (Ref: 08071645), for BP summary of the final affirmative countervailing duty determination for OTR tires from China.)

ITA contact --Lilit Astvatsatrian (202) 482-6412

ITA notice (FR Pub 07/15/08) available at http://edocket.access.gpo.gov/2008/pdf/E8-16156.pdf

ITA fact sheet available at http://ia.ita.doc.gov/download/factsheets/factsheet-prc-tires-final-070808.pdf