[Federal Register Volume 72, Number 120 (Friday, June 22, 2007)]
[Notices]
[Pages 34478-34480]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-12114]


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INTERNATIONAL TRADE COMMISSION

[Investigation Nos. 701-TA-448 and 731-TA-1117 (Preliminary)]


Certain Off-The-Road Tires From China

AGENCY: United States International Trade Commission.

ACTION: Institution of countervailing duty and antidumping 
investigations and scheduling of a preliminary phase investigations.

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SUMMARY: The Commission hereby gives notice of the institution of 
investigations and commencement of preliminary phase countervailing 
duty and antidumping investigations Nos. 701-TA-448 and 731-TA-1117 
(Preliminary) under sections 703(a) and 733(a) of the Tariff Act of 
1930 (19 U.S.C. 1671b(a) and 1673b(a)) (the Act) to determine whether 
there is a reasonable indication that an industry in the United States 
is materially injured or threatened with material injury, or the 
establishment of an industry in the United States is materially 
retarded, by reason of certain

[[Page 34479]]

off-the-road tires imports from China,\1\ that are alleged to be 
subsidized by the government of China and sold in the United States at 
less than fair value. Unless the Department of Commerce extends the 
time for initiation pursuant to sections 701(c)(1)(B) and 732(c)(1)(B) 
of the Act (19 U.S.C. Sec.  1671a(c)(1)(B) Sec.  1673a(c)(1)(B)), the 
Commission must reach a preliminary determination in antidumping 
investigations in 45 days, or in this case by Wednesday, August 1, 
2007. The Commission's views are due at Commerce within five business 
days thereafter, or by August 9, 2007.
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    \1\ The imported products covered by these investigations are 
new pneumatic tires designed for off-the-road and off-highway use. 
Vehicles and equipment using the subject tires include, but are not 
limited to, agricultural and forestry vehicles and equipment (e.g., 
agricultural tractors, combine harvesters, agricultural high 
clearance sprayers, industrial tractors, log-skidders, agricultural 
implements, highway-towed implements, agricultural logging, and 
agricultural dump trucks and rigid frame haul trucks, front end 
loaders, dozers, lift trucks, straddle carriers, graders, mobile 
cranes, compactors); and industrial vehicles and equipment (e.g., 
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). The tires may be either tube-type or tubeless, radial or 
non-radial, and intended for sale either to original equipment 
manufacturers or the replacement market. The subject tires currently 
enter under the following Harmonized Tariff Schedule the United 
States subheadings: 4011.20.1025, 4011.20.1035, 4011.20.5030, 
4011.20.5050, 4011.61.0000, 4011.62.0000, 4011.63.0000, 
4011.69.0000, 4011.92.0000, 4011.93.4000, 4011.93.8000, 
4011.94.4000, and 4011.94.8000.
    Expressly excluded from the petition are: tires of a kind 
designed 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, trucks and buses, and other such vehicles. 
Also excluded are tires of a kind used on aircraft, all-terrain 
vehicles, and vehicles for turf, lawn and garden, golf and trailer 
applications (so-called consumer tires). Also excluded are tires of 
a kind used for 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 numbers of 
plies that the construction and mining tires contain (minimum of 16) 
and the weight of such tires (minimum of 1,500 pounds). The written 
description of the scope of these investigations is dispositive.
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    For further information concerning the conduct of these 
investigations and rules of general application, consult the 
Commission's Rules of Practice and Procedure, part 201, subparts A 
through E (19 CFR part 201), and part 207, subparts A and B (19 CFR 
part 207).

DATES: Effective Date: June 18, 2007.

FOR FURTHER INFORMATION CONTACT: Joanna Lo (202-205-1888), Office of 
Investigations, U.S. International Trade Commission, 500 E Street, SW., 
Washington, DC 20436. Hearing-impaired persons can obtain information 
on this matter by contacting the Commission's TDD terminal on 202-205-
1810. Persons with mobility impairments who will need special 
assistance in gaining access to the Commission should contact the 
Office of the Secretary at 202-205-2000. General information concerning 
the Commission may also be obtained by accessing its Internet server 
(http://www.usitc.gov). The public record for these investigations may 
be viewed on the Commission's electronic docket (EDIS) at http://edis.usitc.gov.

SUPPLEMENTARY INFORMATION:

Background

    These investigations are being instituted in response to a petition 
filed on June 18, 2007, by Titan Tire Corporation, Des Moines, IA, and 
United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied 
Industrial and Service Workers International Union, AFL-CIO-CLC 
(``USW''), Pittsburgh, PA.
    Participation in the investigations and public service list.--
Persons (other than petitioners) wishing to participate in the 
investigations as parties must file an entry of appearance with the 
Secretary to the Commission, as provided in sections 201.11 and 207.10 
of the Commission's rules, not later than seven days after publication 
of this notice in the Federal Register. Industrial users and (if the 
merchandise under investigations is sold at the retail level) 
representative consumer organizations have the right to appear as 
parties in Commission countervailing duty and antidumping 
investigations. The Secretary will prepare a public service list 
containing the names and addresses of all persons, or their 
representatives, who are parties to these investigations upon the 
expiration of the period for filing entries of appearance.
    Limited disclosure of business proprietary information (BPI) under 
an administrative protective order (APO) and BPI service list.--
Pursuant to section 207.7(a) of the Commission's rules, the Secretary 
will make BPI gathered in these investigations available to authorized 
applicants representing interested parties (as defined in 19 U.S.C. 
1677(9)) who are parties to the investigations under the APO issued in 
the investigations, provided that the application is made not later 
than seven days after the publication of this notice in the Federal 
Register. A separate service list will be maintained by the Secretary 
for those parties authorized to receive BPI under the APO.

Conference

    The Commission's Director of Operations has scheduled a conference 
in connection with these investigations for 9:30 a.m. on July 9, 2007, 
at the U.S. International Trade Commission Building, 500 E Street, SW., 
Washington, DC. Parties wishing to participate in the conference should 
contact Joanna Lo (202-205-1888) not later than July 5, 2007, to 
arrange for their appearance. Parties in support of the imposition of 
countervailing or antidumping duties in these investigations and 
parties in opposition to the imposition of such duties will each be 
collectively allocated one hour within which to make an oral 
presentation at the conference. A nonparty who has testimony that may 
aid the Commission's deliberations may request permission to present a 
short statement at the conference.

Written Submissions

    As provided in sections 201.8 and 207.15 of the Commission's rules, 
any person may submit to the Commission on or before July 12, 2007, a 
written brief containing information and arguments pertinent to the 
subject matter of the investigations. Parties may file written 
testimony in connection with their presentation at the conference no 
later than three days before the conference. If briefs or written 
testimony contain BPI, they must conform with the requirements of 
sections 201.6, 207.3, and 207.7 of the Commission's rules. The 
Commission's rules do not authorize filing of submissions with the 
Secretary by facsimile or electronic means, except to the extent 
permitted by section 201.8 of the Commission's rules, as amended, 67 FR 
68036 (November 8, 2002). Even where electronic filing of a document is 
permitted, certain documents must also be filed in paper form, as 
specified in II (C) of the Commission's Handbook on Electronic Filing 
Procedures, 67 FR 68168, 68173 (November 8, 2002).
    In accordance with sections 201.16(c) and 207.3 of the rules, each 
document filed by a party to the investigations must be served on all 
other parties to the investigations (as identified by either the public 
or BPI service list), and a certificate of service must be timely 
filed. The Secretary will not accept a document for filing without a 
certificate of service.

    Authority: These investigations are being conducted under 
authority of title VII of the Tariff Act of 1930; this notice is 
published pursuant to section 207.12 of the Commission's rules.

    By order of the Commission.


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    Issued: June 19, 2007.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. E7-12114 Filed 6-21-07; 8:45 am]
BILLING CODE 7020-02-P