Passenger Vehicle and Light Truck Tires From the Socialist Republic of Vietnam: Countervailing Duty Order, 38013-38015 [2021-15271]
Download as PDF
<![CDATA[
lotter on DSK11XQN23PROD with NOTICES1
Federal Register / Vol. 86, No. 135 / Monday, July 19, 2021 / Notices
(2) pneumatic tires, of rubber, that are not
new, including recycled and retreaded tires;
(3) non-pneumatic tires, such as solid
rubber tires;
(4) tires designed and marketed exclusively
as temporary use spare tires for passenger
vehicles which, in addition, exhibit each of
the following physical characteristics:
(a) The size designation and load index
combination molded on the tire’s sidewall
are listed in Table PCT–1R (‘‘T’’ Type Spare
Tires for Temporary Use on Passenger
Vehicles) or PCT–1B (‘‘T’’ Type Diagonal
(Bias) Spare Tires for Temporary Use on
Passenger Vehicles) of the Tire and Rim
Association Year Book,
(b) the designation ‘‘T’’ is molded into the
tire’s sidewall as part of the size designation,
and,
(c) the tire’s speed rating is molded on the
sidewall, indicating the rated speed in MPH
or a letter rating as listed by Tire and Rim
Association Year Book, and the rated speed
is 81 MPH or a ‘‘M’’ rating;
(5) tires designed and marketed exclusively
as temporary use spare tires for light trucks
which, in addition, exhibit each of the
following physical characteristics:
(a) The tires have a 265/70R17, 255/80R17,
265/70R16, 245/70R17, 245/75R17, 245/
70R18, or 265/70R18 size designation;
(b) ‘‘Temporary Use Only’’ or ‘‘Spare’’ is
molded into the tire’s sidewall;
(c) the tread depth of the tire is no greater
than 6.2 mm; and
(d) Uniform Tire Quality Grade Standards
(‘‘UTQG’’) ratings are not molded into the
tire’s sidewall with the exception of 265/
70R17 and 255/80R17 which may have
UTQG molded on the tire sidewall;
(6) tires designed and marketed exclusively
for specialty tire (ST) use which, in addition,
exhibit each of the following conditions:
(a) The size designation molded on the
tire’s sidewall is listed in the ST sections of
the Tire and Rim Association Year Book,
(b) the designation ‘‘ST’’ is molded into the
tire’s sidewall as part of the size designation,
(c) the tire incorporates a warning,
prominently molded on the sidewall, that the
tire is ‘‘For Trailer Service Only’’ or ‘‘For
Trailer Use Only’’,
(d) the load index molded on the tire’s
sidewall meets or exceeds those load indexes
listed in the Tire and Rim Association Year
Book for the relevant ST tire size, and
(e) either
(i) the tire’s speed rating is molded on the
sidewall, indicating the rated speed in MPH
or a letter rating as listed by Tire and Rim
Association Year Book, and the rated speed
does not exceed 81 MPH or an ‘‘M’’ rating;
or
(ii) the tire’s speed rating molded on the
sidewall is 87 MPH or an ‘‘N’’ rating, and in
either case the tire’s maximum pressure and
maximum load limit are molded on the
sidewall and either
(1) both exceed the maximum pressure and
maximum load limit for any tire of the same
size designation in either the passenger car
or light truck section of the Tire and Rim
Association Year Book; or
(2) if the maximum cold inflation pressure
molded on the tire is less than any cold
inflation pressure listed for that size
VerDate Sep<11>2014
18:23 Jul 16, 2021
Jkt 253001
designation in either the passenger car or
light truck section of the Tire and Rim
Association Year Book, the maximum load
limit molded on the tire is higher than the
maximum load limit listed at that cold
inflation pressure for that size designation in
either the passenger car or light truck section
of the Tire and Rim Association Year Book;
(7) tires designed and marketed exclusively
for off-road use and which, in addition,
exhibit each of the following physical
characteristics:
(a) The size designation and load index
combination molded on the tire’s sidewall
are listed in the off-the-road, agricultural,
industrial or ATV section of the Tire and Rim
Association Year Book,
(b) in addition to any size designation
markings, the tire incorporates a warning,
prominently molded on the sidewall, that the
tire is ‘‘Not For Highway Service’’ or ‘‘Not for
Highway Use’’,
(c) the tire’s speed rating is molded on the
sidewall, indicating the rated speed in MPH
or a letter rating as listed by the Tire and Rim
Association Year Book, and the rated speed
does not exceed 55 MPH or a ‘‘G’’ rating, and
(d) the tire features a recognizable off-road
tread design;
(8) Tires designed and marketed for offroad use as all-terrain-vehicle (ATV) tires or
utility-terrain-vehicle (UTV) tires, and which,
in addition, exhibit each of the following
characteristics:
(a) The tire’s speed rating is molded on the
sidewall, indicating the rated speed in MPH
or a letter rating as listed by the Tire and Rim
Association Year Book, and the rated speed
does not exceed 87 MPH or an ‘‘N’’ rating,
and
(b) both of the following physical
characteristics are satisfied:
(i) The size designation and load index
combination molded on the tire’s sidewall
does not match any of those listed in the
passenger car or light truck sections of the
Tire and Rim Association Year Book, and
(ii) The size designation and load index
combination molded on the tire’s sidewall
matches any of the following size designation
(American standard or metric) and load
index combinations:
American standard
size
26x10R12 ...............
27x10R14 ...............
28x10R14 ...............
28x10R14 ...............
30x10R14 ...............
30x10R15 ...............
30x10R14 ...............
31x10R14 ...............
32x10R14 ...............
32x10R15 ...............
32x10R15 ...............
33x10R15 ...............
33x10R15 ...............
35x9.50R15 ............
35x10R15 ...............
Metric size
254/70R/12
254/65R/14
254/70R/14
254/70R/14
254/80R/14
254/75R/15
254/80R/14
254/85R/14
254/90R/14
254/85R/15
254/85R/15
254/90R/15
254/90R/15
241/105R/15
254/100R/15
Load
index
72
73
75
86
79
78
90
81
95
83
94
86
95
82
97
The products covered by these orders are
currently classified under the following
Harmonized Tariff Schedule of the United
States (HTSUS) subheadings: 4011.10.10.10,
PO 00000
Frm 00027
Fmt 4703
Sfmt 4703
38013
4011.10.10.20, 4011.10.10.30, 4011.10.10.40,
4011.10.10.50, 4011.10.10.60, 4011.10.10.70,
4011.10.50.00, 4011.20.10.05, and
4011.20.50.10. Tires meeting the scope
description may also enter under the
following HTSUS subheadings:
4011.90.10.10, 4011.90.10.50, 4011.90.20.10,
4011.90.20.50, 4011.90.80.10, 4011.90.80.50,
8708.70.45.30, 8708.70.45.46, 8708.70.45.48,
8708.70.45.60, 8708.70.60.30, 8708.70.60.45,
and 8708.70.60.60. While HTSUS
subheadings are provided for convenience
and for customs purposes, the written
description of the subject merchandise is
dispositive.
[FR Doc. 2021–15270 Filed 7–16–21; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–552–829]
Passenger Vehicle and Light Truck
Tires From the Socialist Republic of
Vietnam: Countervailing Duty Order
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: Based on affirmative final
determinations by the Department of
Commerce (Commerce) and the
International Trade Commission (ITC),
Commerce is issuing a countervailing
duty order on passenger vehicle and
light truck tires from the Socialist
Republic of Vietnam (Vietnam).
DATES: Applicable July 19, 2021.
FOR FURTHER INFORMATION CONTACT:
Thomas Schauer, AD/CVD Operations,
Office I, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–0410.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
In accordance with sections 705(d)
and 777(i) of the Tariff Act of 1930, as
amended (the Act), on May 27, 2021,
Commerce published its affirmative
final determination that countervailable
subsidies are being provided to
producers and exporters of passenger
vehicle and light truck tires from
Vietnam.1 On July 12, 2021, the ITC
notified Commerce of its affirmative
final determination that an industry in
the United States is materially injured
within the meaning of section
705(b)(1)(A)(i) of the Act, by reason of
1 See Passenger Vehicle and Light Truck Tires
from the Socialist Republic of Vietnam: Final
Affirmative Countervailing Duty Determination, 86
FR 28566 (May 27, 2021), and accompanying Issues
and Decision Memorandum.
E:\FR\FM\19JYN1.SGM
19JYN1
38014
Federal Register / Vol. 86, No. 135 / Monday, July 19, 2021 / Notices
subsidized imports of passenger vehicle
and light truck tires from Vietnam.2
Scope of the Order
The product covered by this order is
passenger vehicle and light truck tires
from Vietnam. For a complete
description of the scope of the order, see
the appendix to this notice.
Countervailing Duty Order
On July 12, 2021, in accordance with
sections 705(b)(1)(A)(i) and 705(d) of the
Act, the ITC notified Commerce of its
final determination in this investigation,
in which it found that an industry in the
United States is materially injured by
reason of subsidized imports of
passenger vehicle and light truck tires
from Vietnam.3 Therefore, in
accordance with section 705(c)(2) of the
Act, Commerce is issuing this
countervailing duty order. Because the
ITC determined that imports of
passenger vehicle and light truck tires
from Vietnam are materially injuring a
U.S. industry, unliquidated entries of
such merchandise from Vietnam, which
are entered or withdrawn from
warehouse for consumption, are subject
to the assessment of countervailing
duties.
Therefore, in accordance with section
706(a) of the Act, Commerce will direct
U.S. Customs and Border Protection
(CBP) to assess, upon further instruction
by Commerce, countervailing duties for
all relevant entries of passenger vehicle
and light truck tires from Vietnam. With
the exception of entries occurring after
the expiration of the provisional
measures period and before the
publication of the ITC’s final affirmative
injury determination, as further
described below, countervailing duties
will be assessed on unliquidated entries
of passenger vehicle and light truck tires
from Vietnam, entered, or withdrawn
from warehouse, for consumption on or
after November 10, 2020, the date of
publication of the Preliminary
Determination.4
lotter on DSK11XQN23PROD with NOTICES1
Suspension of Liquidation and Cash
Deposits
In accordance with section 706 of the
Act, Commerce will instruct CBP to
reinstitute the suspension of liquidation
of passenger vehicle and light truck tires
from Vietnam, as described in the
2 See ITC Notification Letter, Investigation Nos.
701–TA–647 and 731–TA–1517–1520 (Final), dated
July 12, 2021.
3 Id.
4 See Passenger Vehicle and Light Truck Tires
from the Socialist Republic of Vietnam: Preliminary
Affirmative Countervailing Duty Determination and
Alignment of Final Determination With Final
Antidumping Duty Determination, 85 FR 71607
(November 10, 2020) (Preliminary Determination).
VerDate Sep<11>2014
18:23 Jul 16, 2021
Jkt 253001
appendix to this notice, effective on the
date of publication of the ITC’s notice of
final affirmative determination in the
Federal Register, and to assess, upon
further instruction by Commerce,
pursuant to section 706(a)(1) of the Act,
countervailing duties for each entry of
the subject merchandise in an amount
based on the net countervailable
subsidy rates below. On or after the date
of publication of the ITC’s final injury
determination in the Federal Register,
CBP must require, at the same time as
importers would deposit estimated
normal customs duties on this
merchandise, a cash deposit equal to the
rates listed in the table below. The allothers rate applies to all producers or
exporters not specifically listed, as
appropriate.
Subsidy rate
(percent)
Company
Kumho Tire (Vietnam) Co.,
Ltd .....................................
Sailun (Vietnam) Co., Ltd .....
All Others ..............................
7.89
6.23
6.46
Provisional Measures
Section 703(d) of the Act states that
instructions issued pursuant to an
affirmative preliminary determination
may not remain in effect for more than
four months. In the underlying
investigation, Commerce published the
Preliminary Determination on
November 10, 2020. Therefore, the fourmonth period beginning on the date of
the publication of the Preliminary
Determination ended on March 9, 2021.
In accordance with section 703(d) of
the Act, we instructed CBP to terminate
the suspension of liquidation and to
liquidate, without regard to
countervailing duties, unliquidated
entries of passenger vehicle and light
truck tires from Vietnam entered, or
withdrawn from warehouse, for
consumption, after March 9, 2021, the
final day on which provisional
measures were in effect, until and
through the day preceding the date of
publication of the ITC’s final injury
determination in the Federal Register.
Suspension of liquidation will resume
on the date of publication of the ITC’s
final determination in the Federal
Register.
Notification to Interested Parties
This notice constitutes the
countervailing duty order with respect
to passenger vehicle and light truck tires
from Vietnam pursuant to section 706(a)
of the Act. Interested parties can find a
list of countervailing duty orders
currently in effect at https://
PO 00000
Frm 00028
Fmt 4703
Sfmt 4703
enforcement.trade.gov/stats/
iastats1.html.
This order is issued and published in
accordance with section 706(a) of the
Act and 19 CFR 351.211(b).
Dated: July 13, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement
and Compliance.
Appendix
Scope of the Order
The scope of this order is passenger vehicle
and light truck tires. Passenger vehicle and
light truck tires are new pneumatic tires, of
rubber, with a passenger vehicle or light
truck size designation. Tires covered by this
order may be tube-type, tubeless, radial, or
non-radial, and they may be intended for sale
to original equipment manufacturers or the
replacement market.
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 the following
prefixes or suffix in their tire size
designation, which also appears on the
sidewall of the tire:
Prefix designations:
P—Identifies a tire intended primarily for
service on passenger cars.
LT—Identifies a tire intended primarily for
service on light trucks.
Suffix letter designations:
LT—Identifies light truck tires for service
on trucks, buses, trailers, and multipurpose
passenger vehicles used in nominal highway
service.
All tires with a ‘‘P’’ or ‘‘LT’’ prefix, and all
tires with an ‘‘LT’’ suffix in their sidewall
markings are covered by this order regardless
of their intended use.
In addition, all tires that lack a ‘‘P’’ or ‘‘LT’’
prefix or suffix in their sidewall markings, 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 passenger cars or light trucks. Sizes
that fit passenger cars and light trucks
include, but are not limited to, the numerical
size designations listed in the passenger car
section or light truck section of the Tire and
Rim Association Year Book, as updated
annually. The scope includes all tires that are
of a size that fits passenger cars or light
trucks, unless the tire falls within one of the
specific exclusions set out below.
Passenger vehicle and light truck tires,
whether or not attached to wheels or rims,
are included in the scope. However, if a
subject tire is imported attached to a wheel
or rim, only the tire is covered by the scope.
Specifically excluded from the scope are
the following types of tires:
(1) Racing car tires; such tires do not bear
the symbol ‘‘DOT’’ on the sidewall and may
be marked with ‘‘ZR’’ in size designation;
(2) pneumatic tires, of rubber, that are not
new, including recycled and retreaded tires;
(3) non-pneumatic tires, such as solid
rubber tires;
(4) tires designed and marketed exclusively
as temporary use spare tires for passenger
E:\FR\FM\19JYN1.SGM
19JYN1
lotter on DSK11XQN23PROD with NOTICES1
Federal Register / Vol. 86, No. 135 / Monday, July 19, 2021 / Notices
vehicles which, in addition, exhibit each of
the following physical characteristics:
(a) The size designation and load index
combination molded on the tire’s sidewall
are listed in Table PCT–1R (‘‘T’’ Type Spare
Tires for Temporary Use on Passenger
Vehicles) or PCT–1B (‘‘T’’ Type Diagonal
(Bias) Spare Tires for Temporary Use on
Passenger Vehicles) of the Tire and Rim
Association Year Book,
(b) the designation ‘‘T’’ is molded into the
tire’s sidewall as part of the size designation,
and,
(c) the tire’s speed rating is molded on the
sidewall, indicating the rated speed in MPH
or a letter rating as listed by Tire and Rim
Association Year Book, and the rated speed
is 81 MPH or a ‘‘M’’ rating;
(5) tires designed and marketed exclusively
as temporary use spare tires for light trucks
which, in addition, exhibit each of the
following physical characteristics:
(a) The tires have a 265/70R17, 255/80R17,
265/70R16, 245/70R17, 245/75R17, 245/
70R18, or 265/70R18 size designation;
(b) ‘‘Temporary Use Only’’ or ‘‘Spare’’ is
molded into the tire’s sidewall;
(c) the tread depth of the tire is no greater
than 6.2 mm; and
(d) Uniform Tire Quality Grade Standards
(‘‘UTQG’’) ratings are not molded into the
tire’s sidewall with the exception of 265/
70R17 and 255/80R17 which may have
UTQG molded on the tire sidewall;
(6) tires designed and marketed exclusively
for specialty tire (ST) use which, in addition,
exhibit each of the following conditions:
(a) The size designation molded on the
tire’s sidewall is listed in the ST sections of
the Tire and Rim Association Year Book,
(b) the designation ‘‘ST’’ is molded into the
tire’s sidewall as part of the size designation,
(c) the tire incorporates a warning,
prominently molded on the sidewall, that the
tire is ‘‘For Trailer Service Only’’ or ‘‘For
Trailer Use Only’’,
(d) the load index molded on the tire’s
sidewall meets or exceeds those load indexes
listed in the Tire and Rim Association Year
Book for the relevant ST tire size, and
(e) either
(i) the tire’s speed rating is molded on the
sidewall, indicating the rated speed in MPH
or a letter rating as listed by Tire and Rim
Association Year Book, and the rated speed
does not exceed 81 MPH or an ‘‘M’’ rating;
or
(ii) the tire’s speed rating molded on the
sidewall is 87 MPH or an ‘‘N’’ rating, and in
either case the tire’s maximum pressure and
maximum load limit are molded on the
sidewall and either
(1) both exceed the maximum pressure and
maximum load limit for any tire of the same
size designation in either the passenger car
or light truck section of the Tire and Rim
Association Year Book; or
(2) if the maximum cold inflation pressure
molded on the tire is less than any cold
inflation pressure listed for that size
designation in either the passenger car or
light truck section of the Tire and Rim
Association Year Book, the maximum load
limit molded on the tire is higher than the
maximum load limit listed at that cold
inflation pressure for that size designation in
VerDate Sep<11>2014
18:23 Jul 16, 2021
Jkt 253001
either the passenger car or light truck section
of the Tire and Rim Association Year Book;
(7) tires designed and marketed exclusively
for off-road use and which, in addition,
exhibit each of the following physical
characteristics:
(a) The size designation and load index
combination molded on the tire’s sidewall
are listed in the off-the-road, agricultural,
industrial or ATV section of the Tire and Rim
Association Year Book,
(b) in addition to any size designation
markings, the tire incorporates a warning,
prominently molded on the sidewall, that the
tire is ‘‘Not For Highway Service’’ or ‘‘Not for
Highway Use’’,
(c) the tire’s speed rating is molded on the
sidewall, indicating the rated speed in MPH
or a letter rating as listed by the Tire and Rim
Association Year Book, and the rated speed
does not exceed 55 MPH or a ‘‘G’’ rating, and
(d) the tire features a recognizable off-road
tread design;
(8) Tires designed and marketed for offroad use as all-terrain-vehicle (ATV) tires or
utility-terrain-vehicle (UTV) tires, and which,
in addition, exhibit each of the following
characteristics:
(a) The tire’s speed rating is molded on the
sidewall, indicating the rated speed in MPH
or a letter rating as listed by the Tire and Rim
Association Year Book, and the rated speed
does not exceed 87 MPH or an ‘‘N’’ rating,
and
(b) both of the following physical
characteristics are satisfied:
(i) The size designation and load index
combination molded on the tire’s sidewall
does not match any of those listed in the
passenger car or light truck sections of the
Tire and Rim Association Year Book, and
(ii) The size designation and load index
combination molded on the tire’s sidewall
matches any of the following size designation
(American standard or metric) and load
index combinations:
American standard
size
26x10R12 ...............
27x10R14 ...............
28x10R14 ...............
28x10R14 ...............
30X10R14 ...............
30x10R15 ...............
30x10R14 ...............
31x10R14 ...............
32x10R14 ...............
32x10R15 ...............
32x10R15 ...............
33x10R15 ...............
33x10R15 ...............
35x9.50R15 ............
35x10R15 ...............
Metric size
254/70R/12
254/65R/14
254/70R/14
254/70R/14
254/80R/14
254/75R/15
254/80R/14
254/85R/14
254/90R/14
254/85R/15
254/85R/15
254/90R/15
254/90R/15
241/105R/15
254/100R/15
Load
index
72
73
75
86
79
78
90
81
95
83
94
86
95
82
97
The products covered by this order are
currently classified under the following
Harmonized Tariff Schedule of the United
States (HTSUS) subheadings: 4011.10.10.10,
4011.10.10.20, 4011.10.10.30, 4011.10.10.40,
4011.10.10.50, 4011.10.10.60, 4011.10.10.70,
4011.10.50.00, 4011.20.10.05, and
4011.20.50.10. Tires meeting the scope
description may also enter under the
following HTSUS subheadings:
PO 00000
Frm 00029
Fmt 4703
Sfmt 4703
38015
4011.90.10.10, 4011.90.10.50, 4011.90.20.10,
4011.90.20.50, 4011.90.80.10, 4011.90.80.50,
8708.70.45.30, 8708.70.45.46, 8708.70.45.48,
8708.70.45.60, 8708.70.60.30, 8708.70.60.45,
and 8708.70.60.60. While HTSUS
subheadings are provided for convenience
and for customs purposes, the written
description of the subject merchandise is
dispositive.
[FR Doc. 2021–15271 Filed 7–16–21; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–580–874]
Certain Steel Nails From the Republic
of Korea: Preliminary Results of
Antidumping Duty Administrative
Review and Partial Rescission of
Antidumping Duty Administrative
Review; 2019–2020
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) preliminarily determines
that sales of certain steel nails (steel
nails) from the Republic of Korea
(Korea) have been made at less than
normal value (NV) by Daejin Steel
Company (Daejin) during the period of
review (POR) July 1, 2019, through June
30, 2020. Interested parties are invited
to comment on these preliminary
results.
AGENCY:
DATES:
Applicable July 19, 2021.
Eva
Kim, AD/CVD Operations, Office IV,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–8283.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
Background
On September 3, 2020, based on
timely requests for review, in
accordance with 19 CFR
351.221(c)(1)(i), Commerce initiated an
administrative review of the
antidumping duty (AD) order on steel
nails from Korea with respect to 93
companies.1 On March 2, 2021,
Commerce extended the due date for
issuing the preliminary results of this
review by 33 days, until May 5, 2021.2
1 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 85 FR
54983 (September 3, 2020).
2 See Memorandum, ‘‘Certain Steel Nails from the
Republic of Korea: Extension of Deadline for
Preliminary Results of Antidumping Duty
Administrative Review,’’ dated March 2, 2021.
E:\FR\FM\19JYN1.SGM
19JYN1
]]>Agencies
[Federal Register Volume 86, Number 135 (Monday, July 19, 2021)]
[Notices]
[Pages 38013-38015]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-15271]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[C-552-829]
Passenger Vehicle and Light Truck Tires From the Socialist
Republic of Vietnam: Countervailing Duty Order
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: Based on affirmative final determinations by the Department of
Commerce (Commerce) and the International Trade Commission (ITC),
Commerce is issuing a countervailing duty order on passenger vehicle
and light truck tires from the Socialist Republic of Vietnam (Vietnam).
DATES: Applicable July 19, 2021.
FOR FURTHER INFORMATION CONTACT: Thomas Schauer, AD/CVD Operations,
Office I, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-0410.
SUPPLEMENTARY INFORMATION:
Background
In accordance with sections 705(d) and 777(i) of the Tariff Act of
1930, as amended (the Act), on May 27, 2021, Commerce published its
affirmative final determination that countervailable subsidies are
being provided to producers and exporters of passenger vehicle and
light truck tires from Vietnam.\1\ On July 12, 2021, the ITC notified
Commerce of its affirmative final determination that an industry in the
United States is materially injured within the meaning of section
705(b)(1)(A)(i) of the Act, by reason of
[[Page 38014]]
subsidized imports of passenger vehicle and light truck tires from
Vietnam.\2\
---------------------------------------------------------------------------
\1\ See Passenger Vehicle and Light Truck Tires from the
Socialist Republic of Vietnam: Final Affirmative Countervailing Duty
Determination, 86 FR 28566 (May 27, 2021), and accompanying Issues
and Decision Memorandum.
\2\ See ITC Notification Letter, Investigation Nos. 701-TA-647
and 731-TA-1517-1520 (Final), dated July 12, 2021.
---------------------------------------------------------------------------
Scope of the Order
The product covered by this order is passenger vehicle and light
truck tires from Vietnam. For a complete description of the scope of
the order, see the appendix to this notice.
Countervailing Duty Order
On July 12, 2021, in accordance with sections 705(b)(1)(A)(i) and
705(d) of the Act, the ITC notified Commerce of its final determination
in this investigation, in which it found that an industry in the United
States is materially injured by reason of subsidized imports of
passenger vehicle and light truck tires from Vietnam.\3\ Therefore, in
accordance with section 705(c)(2) of the Act, Commerce is issuing this
countervailing duty order. Because the ITC determined that imports of
passenger vehicle and light truck tires from Vietnam are materially
injuring a U.S. industry, unliquidated entries of such merchandise from
Vietnam, which are entered or withdrawn from warehouse for consumption,
are subject to the assessment of countervailing duties.
---------------------------------------------------------------------------
\3\ Id.
---------------------------------------------------------------------------
Therefore, in accordance with section 706(a) of the Act, Commerce
will direct U.S. Customs and Border Protection (CBP) to assess, upon
further instruction by Commerce, countervailing duties for all relevant
entries of passenger vehicle and light truck tires from Vietnam. With
the exception of entries occurring after the expiration of the
provisional measures period and before the publication of the ITC's
final affirmative injury determination, as further described below,
countervailing duties will be assessed on unliquidated entries of
passenger vehicle and light truck tires from Vietnam, entered, or
withdrawn from warehouse, for consumption on or after November 10,
2020, the date of publication of the Preliminary Determination.\4\
---------------------------------------------------------------------------
\4\ See Passenger Vehicle and Light Truck Tires from the
Socialist Republic of Vietnam: Preliminary Affirmative
Countervailing Duty Determination and Alignment of Final
Determination With Final Antidumping Duty Determination, 85 FR 71607
(November 10, 2020) (Preliminary Determination).
---------------------------------------------------------------------------
Suspension of Liquidation and Cash Deposits
In accordance with section 706 of the Act, Commerce will instruct
CBP to reinstitute the suspension of liquidation of passenger vehicle
and light truck tires from Vietnam, as described in the appendix to
this notice, effective on the date of publication of the ITC's notice
of final affirmative determination in the Federal Register, and to
assess, upon further instruction by Commerce, pursuant to section
706(a)(1) of the Act, countervailing duties for each entry of the
subject merchandise in an amount based on the net countervailable
subsidy rates below. On or after the date of publication of the ITC's
final injury determination in the Federal Register, CBP must require,
at the same time as importers would deposit estimated normal customs
duties on this merchandise, a cash deposit equal to the rates listed in
the table below. The all-others rate applies to all producers or
exporters not specifically listed, as appropriate.
------------------------------------------------------------------------
Subsidy rate
Company (percent)
------------------------------------------------------------------------
Kumho Tire (Vietnam) Co., Ltd........................... 7.89
Sailun (Vietnam) Co., Ltd............................... 6.23
All Others.............................................. 6.46
------------------------------------------------------------------------
Provisional Measures
Section 703(d) of the Act states that instructions issued pursuant
to an affirmative preliminary determination may not remain in effect
for more than four months. In the underlying investigation, Commerce
published the Preliminary Determination on November 10, 2020.
Therefore, the four-month period beginning on the date of the
publication of the Preliminary Determination ended on March 9, 2021.
In accordance with section 703(d) of the Act, we instructed CBP to
terminate the suspension of liquidation and to liquidate, without
regard to countervailing duties, unliquidated entries of passenger
vehicle and light truck tires from Vietnam entered, or withdrawn from
warehouse, for consumption, after March 9, 2021, the final day on which
provisional measures were in effect, until and through the day
preceding the date of publication of the ITC's final injury
determination in the Federal Register. Suspension of liquidation will
resume on the date of publication of the ITC's final determination in
the Federal Register.
Notification to Interested Parties
This notice constitutes the countervailing duty order with respect
to passenger vehicle and light truck tires from Vietnam pursuant to
section 706(a) of the Act. Interested parties can find a list of
countervailing duty orders currently in effect at https://enforcement.trade.gov/stats/iastats1.html.
This order is issued and published in accordance with section
706(a) of the Act and 19 CFR 351.211(b).
Dated: July 13, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement and Compliance.
Appendix
Scope of the Order
The scope of this order is passenger vehicle and light truck
tires. Passenger vehicle and light truck tires are new pneumatic
tires, of rubber, with a passenger vehicle or light truck size
designation. Tires covered by this order may be tube-type, tubeless,
radial, or non-radial, and they may be intended for sale to original
equipment manufacturers or the replacement market.
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 the following prefixes or suffix in their tire size
designation, which also appears on the sidewall of the tire:
Prefix designations:
P--Identifies a tire intended primarily for service on passenger
cars.
LT--Identifies a tire intended primarily for service on light
trucks.
Suffix letter designations:
LT--Identifies light truck tires for service on trucks, buses,
trailers, and multipurpose passenger vehicles used in nominal
highway service.
All tires with a ``P'' or ``LT'' prefix, and all tires with an
``LT'' suffix in their sidewall markings are covered by this order
regardless of their intended use.
In addition, all tires that lack a ``P'' or ``LT'' prefix or
suffix in their sidewall markings, 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 passenger cars or light trucks. Sizes that
fit passenger cars and light trucks include, but are not limited to,
the numerical size designations listed in the passenger car section
or light truck section of the Tire and Rim Association Year Book, as
updated annually. The scope includes all tires that are of a size
that fits passenger cars or light trucks, unless the tire falls
within one of the specific exclusions set out below.
Passenger vehicle and light truck tires, whether or not attached
to wheels or rims, are included in the scope. However, if a subject
tire is imported attached to a wheel or rim, only the tire is
covered by the scope.
Specifically excluded from the scope are the following types of
tires:
(1) Racing car tires; such tires do not bear the symbol ``DOT''
on the sidewall and may be marked with ``ZR'' in size designation;
(2) pneumatic tires, of rubber, that are not new, including
recycled and retreaded tires;
(3) non-pneumatic tires, such as solid rubber tires;
(4) tires designed and marketed exclusively as temporary use
spare tires for passenger
[[Page 38015]]
vehicles which, in addition, exhibit each of the following physical
characteristics:
(a) The size designation and load index combination molded on
the tire's sidewall are listed in Table PCT-1R (``T'' Type Spare
Tires for Temporary Use on Passenger Vehicles) or PCT-1B (``T'' Type
Diagonal (Bias) Spare Tires for Temporary Use on Passenger Vehicles)
of the Tire and Rim Association Year Book,
(b) the designation ``T'' is molded into the tire's sidewall as
part of the size designation, and,
(c) the tire's speed rating is molded on the sidewall,
indicating the rated speed in MPH or a letter rating as listed by
Tire and Rim Association Year Book, and the rated speed is 81 MPH or
a ``M'' rating;
(5) tires designed and marketed exclusively as temporary use
spare tires for light trucks which, in addition, exhibit each of the
following physical characteristics:
(a) The tires have a 265/70R17, 255/80R17, 265/70R16, 245/70R17,
245/75R17, 245/70R18, or 265/70R18 size designation;
(b) ``Temporary Use Only'' or ``Spare'' is molded into the
tire's sidewall;
(c) the tread depth of the tire is no greater than 6.2 mm; and
(d) Uniform Tire Quality Grade Standards (``UTQG'') ratings are
not molded into the tire's sidewall with the exception of 265/70R17
and 255/80R17 which may have UTQG molded on the tire sidewall;
(6) tires designed and marketed exclusively for specialty tire
(ST) use which, in addition, exhibit each of the following
conditions:
(a) The size designation molded on the tire's sidewall is listed
in the ST sections of the Tire and Rim Association Year Book,
(b) the designation ``ST'' is molded into the tire's sidewall as
part of the size designation,
(c) the tire incorporates a warning, prominently molded on the
sidewall, that the tire is ``For Trailer Service Only'' or ``For
Trailer Use Only'',
(d) the load index molded on the tire's sidewall meets or
exceeds those load indexes listed in the Tire and Rim Association
Year Book for the relevant ST tire size, and
(e) either
(i) the tire's speed rating is molded on the sidewall,
indicating the rated speed in MPH or a letter rating as listed by
Tire and Rim Association Year Book, and the rated speed does not
exceed 81 MPH or an ``M'' rating; or
(ii) the tire's speed rating molded on the sidewall is 87 MPH or
an ``N'' rating, and in either case the tire's maximum pressure and
maximum load limit are molded on the sidewall and either
(1) both exceed the maximum pressure and maximum load limit for
any tire of the same size designation in either the passenger car or
light truck section of the Tire and Rim Association Year Book; or
(2) if the maximum cold inflation pressure molded on the tire is
less than any cold inflation pressure listed for that size
designation in either the passenger car or light truck section of
the Tire and Rim Association Year Book, the maximum load limit
molded on the tire is higher than the maximum load limit listed at
that cold inflation pressure for that size designation in either the
passenger car or light truck section of the Tire and Rim Association
Year Book;
(7) tires designed and marketed exclusively for off-road use and
which, in addition, exhibit each of the following physical
characteristics:
(a) The size designation and load index combination molded on
the tire's sidewall are listed in the off-the-road, agricultural,
industrial or ATV section of the Tire and Rim Association Year Book,
(b) in addition to any size designation markings, the tire
incorporates a warning, prominently molded on the sidewall, that the
tire is ``Not For Highway Service'' or ``Not for Highway Use'',
(c) the tire's speed rating is molded on the sidewall,
indicating the rated speed in MPH or a letter rating as listed by
the Tire and Rim Association Year Book, and the rated speed does not
exceed 55 MPH or a ``G'' rating, and
(d) the tire features a recognizable off-road tread design;
(8) Tires designed and marketed for off-road use as all-terrain-
vehicle (ATV) tires or utility-terrain-vehicle (UTV) tires, and
which, in addition, exhibit each of the following characteristics:
(a) The tire's speed rating is molded on the sidewall,
indicating the rated speed in MPH or a letter rating as listed by
the Tire and Rim Association Year Book, and the rated speed does not
exceed 87 MPH or an ``N'' rating, and
(b) both of the following physical characteristics are
satisfied:
(i) The size designation and load index combination molded on
the tire's sidewall does not match any of those listed in the
passenger car or light truck sections of the Tire and Rim
Association Year Book, and
(ii) The size designation and load index combination molded on
the tire's sidewall matches any of the following size designation
(American standard or metric) and load index combinations:
------------------------------------------------------------------------
Load
American standard size Metric size index
------------------------------------------------------------------------
26x10R12........................................ 254/70R/12 72
27x10R14........................................ 254/65R/14 73
28x10R14........................................ 254/70R/14 75
28x10R14........................................ 254/70R/14 86
30X10R14........................................ 254/80R/14 79
30x10R15........................................ 254/75R/15 78
30x10R14........................................ 254/80R/14 90
31x10R14........................................ 254/85R/14 81
32x10R14........................................ 254/90R/14 95
32x10R15........................................ 254/85R/15 83
32x10R15........................................ 254/85R/15 94
33x10R15........................................ 254/90R/15 86
33x10R15........................................ 254/90R/15 95
35x9.50R15...................................... 241/105R/15 82
35x10R15........................................ 254/100R/15 97
------------------------------------------------------------------------
The products covered by this order are currently classified
under the following Harmonized Tariff Schedule of the United States
(HTSUS) subheadings: 4011.10.10.10, 4011.10.10.20, 4011.10.10.30,
4011.10.10.40, 4011.10.10.50, 4011.10.10.60, 4011.10.10.70,
4011.10.50.00, 4011.20.10.05, and 4011.20.50.10. Tires meeting the
scope description may also enter under the following HTSUS
subheadings: 4011.90.10.10, 4011.90.10.50, 4011.90.20.10,
4011.90.20.50, 4011.90.80.10, 4011.90.80.50, 8708.70.45.30,
8708.70.45.46, 8708.70.45.48, 8708.70.45.60, 8708.70.60.30,
8708.70.60.45, and 8708.70.60.60. While HTSUS subheadings are
provided for convenience and for customs purposes, the written
description of the subject merchandise is dispositive.
[FR Doc. 2021-15271 Filed 7-16-21; 8:45 am]
BILLING CODE 3510-DS-P
