Petition Seeks New AD Duties on Truck and Bus Tires From Thailand
The United Steelworkers labor union filed petitions Oct. 16 with the Commerce Department and the International Trade Commission requesting new antidumping duties on truck and bus tires from Thailand. Commerce will now decide whether to begin AD investigations.
Any AD orders issued in connection with this investigations would follow antidumping and countervailing duty orders issued in 2019 on truck and bus tires from China. The petition says Chinese manufacturers began opening plants in Thailand to produce tires for sale to the U.S. market following the filing of the petitions for the China investigation. The scope in the requested investigation on truck and bus tires from Thailand is nearly identical to the scope of the AD/CVD orders on China.
Proposed Scope
The petition proposes the following scope for the investigations:
"The scope of the investigation covers truck and bus tires. Truck and bus tires are new pneumatic tires, of rubber, with a truck or bus size designation. Truck and bus tires covered by the scope may be tube-type, tubeless, radial, or non-radial.
"Subject tires have, at the time of importation, the symbol “DOT” on the sidewall, certifying that the tire conforms to applicable motor vehicle safety standards. Subject tires may also have one of the following suffixes in their tire size designation, which also appear on the sidewall of the tire:
"TR—Identifies tires for service on trucks or buses to differentiate them from similarly sized passenger car and light truck tires; and
"HC—Identifies a 17.5 inch rim diameter code for use on low platform trailers.
"All tires with a ‘‘TR’’ or ‘‘HC’’ suffix in their size designations are covered by the scope regardless of their intended use.
"In addition, all tires that lack one of the above suffix markings are included in the scope, as well as all tires that include any other prefix or suffix in their sidewall markings, are included in the scope, regardless of their intended use, as long as the tire is of a size that fits trucks or busses. Sizes that fit trucks and busses include, but are not limited to, the numerical size designations listed in the “Truck-Bus” section of the Tire and Rim Association Year Book, as updated annually. The scope includes all tires that are of a size that fits trucks or busses, unless the tire falls within one of the specific exclusions set out below.
"Truck and bus 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 truck and bus tires produced in the subject country whether mounted on wheels or rims in the subject country or in a third country. Truck and bus tires are covered whether or not they are accompanied by other parts, e.g., a wheel, rim, axle parts, bolts, nuts, etc. Truck and bus tires that enter attached to a vehicle are not covered by the scope.
"Specifically excluded from the scope are the following types of tires: (1) Pneumatic tires, of rubber, that are not new, including recycled and retreaded tires; (2) nonpneumatic tires, such as solid rubber tires; and (3) tires that exhibit each of the following physical characteristics: (a) The designation “MH” is molded into the tire’s sidewall as part of the size designation; (b) the tire incorporates a warning, prominently molded on the sidewall, that the tire is for “Mobile Home Use Only;” and (c) the tire is of bias construction as evidenced by the fact that the construction code included in the size designation molded into the tire’s sidewall is not the letter “R.”
"The subject merchandise is currently classifiable under Harmonized Tariff Schedule of the United States (HTSUS) subheadings: 4011.20.1015 and 4011.20.5020. Tires meeting the scope description may also enter under the following HTSUS subheadings: 4011.69.0020, 4011.69.0090, 4011.70.00, 4011.90.80, 4011.99.4520, 4011.99.4590, 4011.99.8520, 4011.99.8590, 8708.70.4530, 8708.70.6030, 8708.70.6060, and 8716.90.5059.
"While HTSUS subheadings are provided for convenience and for customs purposes, the written description of the subject merchandise is dispositive."
Commerce Accepting Comments on Petition Support
The Commerce Department will accept comments on domestic industry support for the petitions to determine whether the petitions meet the dual requirements of support by domestic producers or workers accounting for (1) at least 25% of the total production of the domestic-like product and (2) more than 50% of the production of the domestic-like product produced by that portion of the industry expressing support for, or opposition to, the petition. If the petitions meet these requirements, among others, Commerce will initiate an antidumping duty investigation.