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China Car and Truck Tires: Prelim AD Cash Deposit Rates Take Effect; Retroactive for Some

The Commerce Department made a preliminary affirmative antidumping determination that passenger vehicle and light truck tires from China (A-570-016) are being sold in the U.S. at less than fair value. The agency found "critical circumstances" for all "China-wide rate" companies that did not demonstrate independence from state control, and will impose retroactive AD duty cash requirements on entries from those companies effective Oct. 29. For companies that got their own rates, AD duty cash deposit requirements will take effect Jan. 27.

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Passenger vehicle and light truck tires from China are also subject to countervailing duty cash deposit requirements set in a preliminary CV duty determination Commerce issued in December (see 1411280011),

Commerce Finds Critical Circumstances for Some, Imposes Retroactive Cash Deposits

Commerce made a finding that all Chinese companies that the agency preliminarily found to be part of the China-wide entity accelerated tire exports to the U.S. in an attempt to get in as much product as possible before the imposition of AD duties. This "critical circumstances" finding by the agency allows it to retroactively suspend liquidation for these "China-wide" companies back to 90 days before this preliminary determination, i.e. Oct. 29.

AD Suspension of Liquidation and Cash Deposit Requirements

For all other companies (i.e., those that are not part of the China-wide entity), Commerce will instruct CBP to suspend liquidation for all entries of subject merchandise from China that are entered, or withdrawn from warehouse, for consumption on or after Jan. 27. Preliminary AD cash deposit rates, as adjusted for subsidies found in Commerce's concurrent CV duty investigation, are as follows:

ExporterProducerAD Rate (adjusted)
Giti Tire Global Trading Pte. Ltd. / Giti Tire (USA) Ltd. / Giti Tire (Anhui) Company Ltd. / Giti Tire (Fujian) Company Ltd. / Giti Tire (Hualin) Company Ltd.Giti Tire (Anhui) Company Ltd. / Giti Tire (Fujian) Company Ltd. / Giti Tire (Hualin) Company Ltd.18.72%
Sailun Group Co., Ltd. / Sailun Tire International Corp. / Shandong Jinyu Industrial Co., Ltd. / Jinyu International Holding Co., Limited / Seatex International Inc. / Dynamic Tire Corp. / Husky Tire Corp. / Seatex PTE. Ltd.Sailun Group Co., Ltd. / Shandong Jinyu Industrial Co., Ltd29.01%
Average rate (applicable to over 60 exporter-producer combinations)20.47%
China-wide entity*110.25%

*The China-wide entity includes Yongsheng Rubber Group Co., Ltd., among other companies.

(See Commerce's notice for a full list of "average rate" exporter-producer combinations that were not individually investigated, but demonstrated independence from Chinese government control and eligibility for their own rates.)

(The period of investigation is 07/01/13 - 12/31/13. See Commerce's notice for more information, including the scope, suspension of liquidation, detailed cash deposit instructions, etc. See 14022622 for summary of initiation of this investigation, and 14020323 for the underlying petition.)

AD/CVD Operations contact -- Brian Smith (202) 482-1766

(Federal Register 09/08/14)