[Federal Register Volume 88, Number 101 (Thursday, May 25, 2023)]
[Notices]
[Pages 33863-33865]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-11143]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-533-869, C-533-870]


Certain New Pneumatic Off-the-Road Tires From India: Continuation 
of Antidumping and Countervailing Duty Orders

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

SUMMARY: The U.S. Department of Commerce (Commerce) and the U.S. 
International Trade Commission (ITC) have determined that revocation of 
the antidumping duty (AD) and countervailing duty (CVD) orders on 
certain new pneumatic off-the-road tires (off-road tires) from India 
would be likely to lead to continuation or recurrence of dumping, net 
countervailable subsidies, and material injury to an industry in the 
United States. Therefore, Commerce is publishing a notice of 
continuation of these AD and CVD orders.

DATES: Applicable May 25, 2023.

FOR FURTHER INFORMATION CONTACT: Daniel Alexander, 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) 482-4313.

SUPPLEMENTARY INFORMATION: 

Background

    On March 6, 2017, Commerce published the AD and CVD orders on off-
road tires from India.\1\ On February 1, 2022, Commerce published the 
notice of initiation of the first sunset reviews of the Orders, 
pursuant to section 751(c) of the Tariff Act of 1930, as amended (the 
Act).\2\ As a result of its reviews, Commerce determined that 
revocation of the AD order would likely lead to continuation or 
recurrence of dumping and that revocation of the CVD order would likely 
lead to the continuation or recurrence of countervailable subsidies.\3\ 
Therefore, Commerce notified the ITC of the magnitude of the dumping 
margins and net countervailable subsidy rates likely to prevail should 
the Orders be revoked, pursuant to sections 752(b) and (c) of the Act. 
On May 2, 2023, the ITC published its determinations, pursuant to 
sections 751(c) and 752(a) of the Act, that revocation of the Orders 
would likely lead to continuation or recurrence of material injury to 
an industry in the United States within a reasonably foreseeable 
time.\4\
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    \1\ See Certain New Pneumatic Off-the-Road Tires from India: 
Antidumping Duty Order, 82 FR 12553 (March 6, 2017); see also 
Certain New Pneumatic Off-the-Road Tires from India and Sri Lanka: 
Amended Final Affirmative Countervailing Duty Determination for 
India and Countervailing Duty Orders, 82 FR 12556 (March 6, 2017) 
(Orders).
    \2\ See Initiation of Five-Year (Sunset) Reviews, 87 FR 5467 
(February 1, 2022).
    \3\ See Certain New Pneumatic Off-the-Road Tires from India: 
Final Results of Expedited Sunset Review of the Antidumping Duty 
Order, 87 FR 34654 (June 7, 2022), and accompanying Issues and 
Decision Memorandum (IDM); see also Certain New Pneumatic Off-the-
Road Tires from India: Final Results of Expedited First Sunset 
Review of the Countervailing Duty Order, 87 FR 31860 (May 25, 2022), 
and accompanying IDM.
    \4\ See Pneumatic Off-the-Road Tires from India, 88 FR 27531 
(May 2, 2023).
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Scope of the Orders

    The products covered by the scope of the Orders are off-road tires. 
Certain off-road tires are tires with an off-road tire size 
designation. The tires included in the scope may be either tube-type 
\5\ or

[[Page 33864]]

tubeless, radial, or non-radial, regardless of whether for original 
equipment manufacturers or the replacement market.
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    \5\ While tube-type tires are subject to the scope of this 
proceeding, tubes and flaps are not subject merchandise and 
therefore are not covered by the scope of this proceeding, 
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, 4011.61.0000, 4011.62.0000, 
4011.63.0000, 4011.69.0050, 4011.92.0000, 4011.93.4000, 4011.93.8000, 
4011.94.4000, 4011.94.8000, 8431.49.9038, 8431.49.9090, 8709.90.0020, 
and 8716.90.1020. Tires meeting the scope description may also enter 
under the following HTSUS subheadings: 4011.99.4550, 4011.99.8550, 
8424.90.9080, 8431.20.0000, 8431.39.0010, 8431.49.1090, 8431.49.9030, 
8432.90.0005, 8432.90.0015, 8432.90.0030, 8432.90.0080, 8433.90.5010, 
8503.00.9520, 8503.00.9560, 8708.70.0500, 8708.70.2500, 8708.70.4530, 
8716.90.5035, 8716.90.5055, 8716.90.5056, and 8716.90.5059. While HTSUS 
subheadings are provided for convenience and customs purposes, the 
written description of the subject merchandise is dispositive.

Continuation of the Orders

    As a result of the determinations by Commerce and the ITC that 
revocation of the Orders would likely lead to continuation or 
recurrence of dumping, countervailable subsidies, and material injury 
to an industry in the United States, pursuant to section 751(d)(2) of 
the Act and 19 CFR 351.218(a), Commerce hereby orders the continuation 
of the Orders. U.S. Customs and Border Protection will continue to 
collect AD and CVD cash deposits at the rates in effect at the time of 
entry for all imports of subject merchandise.

[[Page 33865]]

    The effective date of continuation of these Orders will be the date 
of publication in the Federal Register of this notice of continuation. 
Pursuant to section 751(c)(2) of the Act, Commerce intends to initiate 
the next five-year reviews of the Orders not later than 30 days prior 
to the fifth anniversary of the effective date of continuation.

Administrative Protective Order (APO)

    This notice also serves as the only reminder to parties subject to 
an APO of their responsibility concerning the return or destruction of 
proprietary information disclosed under APO in accordance with 19 CFR 
351.305(a)(3). Failure to comply with the regulations and terms of an 
APO is a violation which is subject to sanction.

Notification to Interested Parties

    These five-year (sunset) reviews and this notice are in accordance 
with sections 751(c) and 751(d)(2) of the Act and published in 
accordance with section 777(i) of the Act, and 19 CFR 351.218(f)(4).

    Dated: May 17, 2023.
Lisa Wang,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2023-11143 Filed 5-24-23; 8:45 am]
BILLING CODE 3510-DS-P