Truck and Bus Tires From Thailand: Antidumping Duty Order, 102111-102113 [2024-29606]
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Federal Register / Vol. 89, No. 242 / Tuesday, December 17, 2024 / Notices
continue to be 8.31 percent, the allothers rate established in the LTFV
investigation (as amended) in this
proceeding.13 These cash deposit
requirements, when imposed, shall
remain in effect until further notice.
DEPARTMENT OF COMMERCE
International Trade Administration
[A–549–848]
Truck and Bus Tires From Thailand:
Antidumping Duty Order
Notification to Importers
This notice serves as a final reminder
to importers of their responsibility
under 19 CFR 351.402(f)(2) to file a
certificate regarding the reimbursement
of antidumping and/or countervailing
duties prior to liquidation of the
relevant entries during this POR. Failure
to comply with this requirement could
result in Commerce’s presumption that
reimbursement of antidumping and/or
countervailing duties occurred and the
subsequent assessment of double
antidumping duties, and/or an increase
in the amount of antidumping duties by
the amount of the countervailing duties.
Administrative Protective Order (APO)
This notice also serves as a 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), which
continues to govern business
proprietary information in this segment
of the proceeding. Timely written
notification of the return or destruction
of APO materials, or conversion to
judicial protective order, is hereby
requested. Failure to comply with the
regulations and terms of an APO is a
violation subject to sanction.
Notification to Interested Parties
We are issuing and publishing these
final results of administrative review in
accordance with sections 751(a) and
777(i) of the Act, and 19 CFR
351.221(b)(5).
Dated: December 10, 2024.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement
and Compliance.
ddrumheller on DSK120RN23PROD with NOTICES1
Appendix—List of Topics Discussed in
the Issues and Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Changes Since the Preliminary Results
V. Discussion of the Issues
Comment 1: Whether To Correct Dongkuk’s
General and Administrative (G&A) and
Interest Expense Calculations
VI. Recommendation
[FR Doc. 2024–29675 Filed 12–16–24; 8:45 am]
BILLING CODE 3510–DS–P
13 See Order, and as amended by Timken and
Amended Final Results.
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19:45 Dec 16, 2024
Jkt 265001
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: Based on the affirmative final
determinations by the U.S. Department
of Commerce (Commerce) and the U.S.
International Trade Commission (ITC),
Commerce is issuing an antidumping
duty order on truck and bus tires from
Thailand.
DATES: Applicable December 17, 2024.
FOR FURTHER INFORMATION CONTACT:
Faris Montgomery or Jonathan Schueler,
AD/CVD Operations, Office VIII,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–1537 or
(202) 482–9175, respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
In accordance with sections 735(d)
and 777(i) of the Tariff Act of 1930, as
amended (the Act), on October 17, 2024,
Commerce published in the Federal
Register its affirmative final
determination of sales at less-than-fairvalue (LTFV) in the investigation of
truck and bus tires from Thailand.1 As
part of its determination, Commerce
made an affirmative crticial
cirumstances finding for Bridgestone
Corporation in the LTFV investigation.
Pursuant to section 735(d) of the Act, on
December 2, 2024, the ITC notified
Commerce of its affirmative final
determination that an industry in the
United States is materially injured,
within the meaning of section
735(b)(1)(A)(i) of the Act, by reason of
imports of truck and bus tires from
Thailand that are sold in the United
States at LTFV.2 On December 6, 2024,
in accordance with section 735(d) of the
Act, the ITC published in the Federal
Register its affirmative final injury
determination in this investigation in
which it found that an industry in the
United States is materially injured by
reason of imports of truck and bus tires
1 See
Truck and Bus Tires from Thailand: Final
Affirmative Determination of Sales at Less Than
Fair Value and Final Affirmative Determination of
Critical Circumstances, in Part, 89 FR 83636
(October 17, 2024) (Final Determination), and
accompanying Issues and Decision Memorandum.
2 See ITC’s Letter, ‘‘Notification of ITC Final
Determination,’’ dated December 2, 2024.
PO 00000
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Fmt 4703
Sfmt 4703
102111
from Thailand.3 In addition, the ITC
found that critical circumstances do not
exist with regard to imports of truck and
bus tires from Thailand.4
Scope of the Order
The products covered by this order
are truck and bus tires from Thailand.
For a complete description of the scope
of this order, see the appendix to this
notice.
Antidumping Duty Order
Based on the above-referenced
affirmative final determinations, in
accordance with sections 735(c)(2) and
736 of the Act, Commerce is issuing this
antidumping duty order. Moreover,
because the ITC determined that U.S.
imports of truck and bus tires from
Thailand are materially injuring a U.S.
industry, unliquidated entries of such
merchandise from Thailand, entered or
withdrawn from warehouse for
consumption, as described below, are
subject to the assessment of
antidumping duties.
Therefore, in accordance with section
736(a)(1) of the Act, Commerce will
direct U.S. Customs and Border
Protection (CBP) to assess, upon further
instruction by Commerce, antidumping
duties equal to the amount by which the
normal value of the merchandise
exceeds the export price or constructed
export price of the merchandise, for all
relevant entries of truck and bus tires
from Thailand. With the exception of
entries occurring after expiration of the
provisional measures period, but before
publication of the ITC’s final affirmative
injury determination, as further
described below, antidumping duties
will be assessed on unliquidated U.S.
entries of truck and bus tires from
Thailand entered, or withdrawn from
warehouse, for consumption on or after
the date on which the suspension of
liquidation was first ordered. As
discussed in the Final Determination,
with respect to Prinx Chengshan Tire
(Thailand) Co., Ltd. (Prinx) this date is
October 17, 2024, the date of
publication of the Final Determination
in the Federal Register.5 With respect to
Bridgestone Corporation and all other
companies, this date is May 20, 2024,
the date of publication of the
Preliminary Determination in the
Federal Register.6
3 See Truck and Bus Tires from Thailand, 89 FR
97069 (December 6, 2024) (ITC Final
Determination).
4 Id.
5 See Final Determination, 89 FR at 83638.
6 Id.; see also Truck and Bus Tires from Thailand:
Preliminary Affirmative Determination of Sales at
Less Than Fair Value, Preliminary Negative
E:\FR\FM\17DEN1.SGM
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17DEN1
102112
Federal Register / Vol. 89, No. 242 / Tuesday, December 17, 2024 / Notices
Critical Circumstances
Provisional Measures
With respect to the ITC’s negative
critical circumstances determination on
imports of truck and bus tires from
Thailand, we will instruct CBP to lift
the suspension of liquidation and to
refund all cash deposits for estimated
antidumping duties with respect to
entries of the subject merchandise
entered, or withdrawn from warehouse,
for consumption on or after February 20,
2024, which is 90 days prior to the
publication of the Preliminary
Determination, but before May 20, 2024,
which is the date of publication of the
Preliminary Determination.7
Section 733(d) of the Act states that
suspension of liquidation pursuant to an
affirmative preliminary determination
may not remain in effect for more than
four months, except where exporters
representing a significant proportion of
exports of the subject merchandise
request that Commerce extend the fourmonth period to no more than six
months. Commerce published the
Preliminary Determination in this
investigation on May 20, 2024.
Commerce extended the deadline for
issuing its final determination in this
investigation, which it published in the
Federal Register on October 17, 2024.
Therefore, the six-month provisional
measures period beginning on the date
of publication of the Preliminary
Determination for Bridgestone and all
other companies ended on November
15, 2024. As noted above, suspension of
liquidation for Prinx was not ordered
until October 17, 2024, the date of
publication of the Final Determination
in the Federal Register; 8 therefore, the
six-month provisional measures period
for Prinx has not yet ended.
Consequently, in accordance with
section 733(d) of the Act, Commerce
will instruct CBP to terminate the
suspension of liquidation, and to
liquidate, without regard to
antidumping duties, unliquidated U.S.
entries of truck and bus tires from
Thailand entered, or withdrawn from
warehouse, for consumption on or after
November 16, 2024, the first day on
which the provisional measures were no
longer in effect for Bridgestone and all
other companies, through the day
preceding the date of publication of the
ITC Final Determination in the Federal
Register. Suspension of liquidation and
the collection of cash deposits will
resume on the date of publication of the
ITC Final Determination in the Federal
Register.
Continuation of Suspension of
Liquidation and Cash Deposits
Except as noted in the ‘‘Provisional
Measures’’ section of this notice below,
in accordance with section 736 of the
Act, Commerce will instruct CBP to
continue to suspend liquidation of all
relevant entries of truck and bus tires
from Thailand. These instructions
suspending liquidation will remain in
effect until further notice.
Commerce will also instruct CBP to
require cash deposits at a rate equal to
the estimated weighted-average
dumping margins listed in the table
below. Accordingly, effective on the
date of publication in the Federal
Register of the notice of the ITC’s
affirmative final injury determination,
CBP will suspend the entries of
liquidation of entries of subject
merchandise and require, at the same
time as importers would normally
deposit estimated duties on subject
merchandise, a cash deposit equal to the
weighted-average dumping margins
listed in the table below. The all-others
rate applies to all producers or exporters
not specifically listed, as appropriate.
Estimated Weighted-Average Dumping
Margins
The estimated weighted-average
dumping margins for this antidumping
duty order are as follows:
On September 20, 2021, Commerce
published the final rule titled
Regulations to Improve Administration
and Enforcement of Antidumping and
Countervailing Duty Laws in the Federal
Register.9 On September 27, 2021,
48.39
Commerce published a notification
12.33 titled Scope Ruling Application; Annual
12.33 Inquiry Service List; and Informational
Weightedaverage
dumping
margin
(percent)
Producer or exporter
ddrumheller on DSK120RN23PROD with NOTICES1
Establishment of the Annual Inquiry
Service Lists
Bridgestone Corporation .............
Prinx Chengshan Tire (Thailand)
Co., Ltd ...................................
All Others ....................................
8 See
Determination of Critical Circumstances, and
Postponement of Final Determination, 89 FR 43806
(May 20, 2024) (Preliminary Determination).
7 See Preliminary Determination.
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19:45 Dec 16, 2024
Jkt 265001
Final Determination, 89 FR at 83638.
Regulations to Improve Administration and
Enforcement of Antidumping and Countervailing
Duty Laws, 86 FR 52300 (September 20, 2021)
(Final Rule).
9 See
PO 00000
Frm 00009
Fmt 4703
Sfmt 4703
Sessions in the Federal Register.10 The
Final Rule and Procedural Guidance
provide that Commerce will maintain an
annual inquiry service list for each
order or suspended investigation, and
any interested party submitting a scope
ruling application or request for
circumvention inquiry shall serve a
copy of the application or request on the
persons on the annual inquiry service
list for that order, as well as any
companion order covering the same
merchandise from the same country of
origin.11
In accordance with the Procedural
Guidance, for orders published in the
Federal Register after November 4,
2021, Commerce will create an annual
inquiry service list segment in
Commerce’s online e-filing and
document management system,
Antidumping and Countervailing Duty
Electronic Service System (ACCESS),
available at https://access.trade.gov,
within five business days of publication
of the notice of the order. Each annual
inquiry service list will be maintained
in ACCESS, under each case number,
and under a specific segment type
called ‘‘AISL-Annual Inquiry Service
List.’’ 12
Interested parties who wish to be
added to the annual inquiry service list
for an order must submit an entry of
appearance in the annual inquiry
service list segment in ACCESS for the
order within 30 days after the date of
publication of the order in the Federal
Register. For ease of administration,
Commerce requests that a law firm with
more than one attorney representing an
interested party in an order designate a
lead attorney to be included on the
annual inquiry service list. Commerce
will finalize the annual inquiry service
list within five business days thereafter.
As mentioned in the Procedural
Guidance, the new annual inquiry
service list will be in place until the
following year, when the Opportunity
Notice for the anniversary month of the
order is published in the Federal
Register.
10 See Scope Ruling Application; Annual Inquiry
Service List; and Informational Sessions, 86 FR
53205 (September 27, 2021) (Procedural Guidance).
11 Id.
12 This segment will be combined with the
ACCESS Segment Specific Information (SSI) field
which will display the month in which the notice
of the order or suspended investigation was
published in the Federal Register, also known as
the anniversary month. For example, for an order
under case number A–000–000 that was published
in the Federal Register in January, the relevant
segment and SSI combination will appear in
ACCESS as ‘‘AISL-January Anniversary.’’ Note that
there will be only one annual inquiry service list
segment per case number, and the anniversary
month will be pre-populated in ACCESS.
E:\FR\FM\17DEN1.SGM
17DEN1
Federal Register / Vol. 89, No. 242 / Tuesday, December 17, 2024 / Notices
Commerce may update an annual
inquiry service list at any time, as
needed, based on interested parties’
amendments to their entries of
appearance to remove, or otherwise
modify, their list of members and
representatives, or to update contact
information. Changes or announcements
pertaining to these procedures will be
posted to the ACCESS website at
https://access.trade.gov.
Special Instructions for Petitioners and
Foreign Governments
In the Final Rule, Commerce stated
that, ‘‘after an initial request and
placement on the annual inquiry service
list, both petitioners and foreign
governments will automatically be
placed on the annual inquiry service list
in the years that follow.’’ 13
Accordingly, as stated above, the
petitioners and foreign governments
should submit their initial entry of
appearance after publication of this
notice in the Federal Register in order
to appear in the first annual inquiry
service list. Pursuant to 19 CFR
351.225(n)(3), the petitioners and
foreign governments will not need to
resubmit their entries of appearance
each year to continue to be included on
the annual inquiry service list.
However, the petitioners and foreign
governments are responsible for making
amendments to their entries of
appearance during the annual update to
the annual inquiry service list in
accordance with the procedures
described above.
Notification to Interested Parties
This notice constitutes the
antidumping duty order with respect to
truck and bus tires from Thailand,
pursuant to section 736(a) of the Act.
Interested parties can find a list of
antidumping duty orders currently in
effect at https://www.trade.gov/datavisualization/adcvd-proceedings.
This antidumping duty order is issued
and published in accordance with
section 736(a) of the Act and 19 CFR
351.211(b).
Dated: December 11, 2024.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement
and Compliance.
ddrumheller on DSK120RN23PROD with NOTICES1
Appendix
Scope of the Order
The scope of the order 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
13 See
Final Rule, 86 FR 52335.
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19:45 Dec 16, 2024
Jkt 265001
tube-type, tubeless, radial, or non-radial
(also known as bias construction or biasply). 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) non-pneumatic 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 (also
known as non-radial construction) as
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102113
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:
4011.90.1010, 4011.90.1050,
4011.90.2010, 4011.90.2050,
4011.90.8010, 4011.90.8050,
8708.70.4530, 8708.70.4546,
8708.70.4548, 8708.70.4560,
8708.70.6030, 8708.70.6045,
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.
[FR Doc. 2024–29606 Filed 12–16–24; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–188, A–557–832, C–570–189, C–557–
833]
Notice of Extension of the Deadline for
Determining the Adequacy of the
Antidumping and Countervailing Duty
Petitions: Float Glass Products From
the People’s Republic of China and
Malaysia
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
AGENCY:
DATES:
Applicable December 11, 2024.
FOR FURTHER INFORMATION CONTACT:
Dmitry Vladimirov at (202) 482–0665 or
Nathan James at (202) 482–5305 (the
People’s Republic of China) (China),
Jeffrey Pedersen at (202) 482–2769, Mira
Warrier at (202) 482–8031, or Benjamin
Nathan at (202) 482–3834 (Malaysia),
AD/CVD Operations, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230.
Extension of Initiation of Investigation
The Petitions
On November 21, 2024, the U.S.
Department of Commerce (Commerce)
received antidumping and
countervailing duty petitions on imports
of float glass products from China and
Malaysia, filed in proper form on behalf
of Vitro Flat Glass, LLC and Vitro
Meadville Flat Glass, LLC (the
E:\FR\FM\17DEN1.SGM
17DEN1
]]>Agencies
[Federal Register Volume 89, Number 242 (Tuesday, December 17, 2024)]
[Notices]
[Pages 102111-102113]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-29606]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-549-848]
Truck and Bus Tires From Thailand: Antidumping Duty Order
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: Based on the affirmative final determinations by the U.S.
Department of Commerce (Commerce) and the U.S. International Trade
Commission (ITC), Commerce is issuing an antidumping duty order on
truck and bus tires from Thailand.
DATES: Applicable December 17, 2024.
FOR FURTHER INFORMATION CONTACT: Faris Montgomery or Jonathan Schueler,
AD/CVD Operations, Office VIII, Enforcement and Compliance,
International Trade Administration, U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-1537
or (202) 482-9175, respectively.
SUPPLEMENTARY INFORMATION:
Background
In accordance with sections 735(d) and 777(i) of the Tariff Act of
1930, as amended (the Act), on October 17, 2024, Commerce published in
the Federal Register its affirmative final determination of sales at
less-than-fair-value (LTFV) in the investigation of truck and bus tires
from Thailand.\1\ As part of its determination, Commerce made an
affirmative crticial cirumstances finding for Bridgestone Corporation
in the LTFV investigation. Pursuant to section 735(d) of the Act, on
December 2, 2024, the ITC notified Commerce of its affirmative final
determination that an industry in the United States is materially
injured, within the meaning of section 735(b)(1)(A)(i) of the Act, by
reason of imports of truck and bus tires from Thailand that are sold in
the United States at LTFV.\2\ On December 6, 2024, in accordance with
section 735(d) of the Act, the ITC published in the Federal Register
its affirmative final injury determination in this investigation in
which it found that an industry in the United States is materially
injured by reason of imports of truck and bus tires from Thailand.\3\
In addition, the ITC found that critical circumstances do not exist
with regard to imports of truck and bus tires from Thailand.\4\
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\1\ See Truck and Bus Tires from Thailand: Final Affirmative
Determination of Sales at Less Than Fair Value and Final Affirmative
Determination of Critical Circumstances, in Part, 89 FR 83636
(October 17, 2024) (Final Determination), and accompanying Issues
and Decision Memorandum.
\2\ See ITC's Letter, ``Notification of ITC Final
Determination,'' dated December 2, 2024.
\3\ See Truck and Bus Tires from Thailand, 89 FR 97069 (December
6, 2024) (ITC Final Determination).
\4\ Id.
---------------------------------------------------------------------------
Scope of the Order
The products covered by this order are truck and bus tires from
Thailand. For a complete description of the scope of this order, see
the appendix to this notice.
Antidumping Duty Order
Based on the above-referenced affirmative final determinations, in
accordance with sections 735(c)(2) and 736 of the Act, Commerce is
issuing this antidumping duty order. Moreover, because the ITC
determined that U.S. imports of truck and bus tires from Thailand are
materially injuring a U.S. industry, unliquidated entries of such
merchandise from Thailand, entered or withdrawn from warehouse for
consumption, as described below, are subject to the assessment of
antidumping duties.
Therefore, in accordance with section 736(a)(1) of the Act,
Commerce will direct U.S. Customs and Border Protection (CBP) to
assess, upon further instruction by Commerce, antidumping duties equal
to the amount by which the normal value of the merchandise exceeds the
export price or constructed export price of the merchandise, for all
relevant entries of truck and bus tires from Thailand. With the
exception of entries occurring after expiration of the provisional
measures period, but before publication of the ITC's final affirmative
injury determination, as further described below, antidumping duties
will be assessed on unliquidated U.S. entries of truck and bus tires
from Thailand entered, or withdrawn from warehouse, for consumption on
or after the date on which the suspension of liquidation was first
ordered. As discussed in the Final Determination, with respect to Prinx
Chengshan Tire (Thailand) Co., Ltd. (Prinx) this date is October 17,
2024, the date of publication of the Final Determination in the Federal
Register.\5\ With respect to Bridgestone Corporation and all other
companies, this date is May 20, 2024, the date of publication of the
Preliminary Determination in the Federal Register.\6\
---------------------------------------------------------------------------
\5\ See Final Determination, 89 FR at 83638.
\6\ Id.; see also Truck and Bus Tires from Thailand: Preliminary
Affirmative Determination of Sales at Less Than Fair Value,
Preliminary Negative Determination of Critical Circumstances, and
Postponement of Final Determination, 89 FR 43806 (May 20, 2024)
(Preliminary Determination).
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[[Page 102112]]
Critical Circumstances
With respect to the ITC's negative critical circumstances
determination on imports of truck and bus tires from Thailand, we will
instruct CBP to lift the suspension of liquidation and to refund all
cash deposits for estimated antidumping duties with respect to entries
of the subject merchandise entered, or withdrawn from warehouse, for
consumption on or after February 20, 2024, which is 90 days prior to
the publication of the Preliminary Determination, but before May 20,
2024, which is the date of publication of the Preliminary
Determination.\7\
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\7\ See Preliminary Determination.
---------------------------------------------------------------------------
Continuation of Suspension of Liquidation and Cash Deposits
Except as noted in the ``Provisional Measures'' section of this
notice below, in accordance with section 736 of the Act, Commerce will
instruct CBP to continue to suspend liquidation of all relevant entries
of truck and bus tires from Thailand. These instructions suspending
liquidation will remain in effect until further notice.
Commerce will also instruct CBP to require cash deposits at a rate
equal to the estimated weighted-average dumping margins listed in the
table below. Accordingly, effective on the date of publication in the
Federal Register of the notice of the ITC's affirmative final injury
determination, CBP will suspend the entries of liquidation of entries
of subject merchandise and require, at the same time as importers would
normally deposit estimated duties on subject merchandise, a cash
deposit equal to the weighted-average dumping margins listed in the
table below. The all-others rate applies to all producers or exporters
not specifically listed, as appropriate.
Estimated Weighted-Average Dumping Margins
The estimated weighted-average dumping margins for this antidumping
duty order are as follows:
------------------------------------------------------------------------
Weighted-
average
Producer or exporter dumping
margin
(percent)
------------------------------------------------------------------------
Bridgestone Corporation..................................... 48.39
Prinx Chengshan Tire (Thailand) Co., Ltd.................... 12.33
All Others.................................................. 12.33
------------------------------------------------------------------------
Provisional Measures
Section 733(d) of the Act states that suspension of liquidation
pursuant to an affirmative preliminary determination may not remain in
effect for more than four months, except where exporters representing a
significant proportion of exports of the subject merchandise request
that Commerce extend the four-month period to no more than six months.
Commerce published the Preliminary Determination in this investigation
on May 20, 2024. Commerce extended the deadline for issuing its final
determination in this investigation, which it published in the Federal
Register on October 17, 2024. Therefore, the six-month provisional
measures period beginning on the date of publication of the Preliminary
Determination for Bridgestone and all other companies ended on November
15, 2024. As noted above, suspension of liquidation for Prinx was not
ordered until October 17, 2024, the date of publication of the Final
Determination in the Federal Register; \8\ therefore, the six-month
provisional measures period for Prinx has not yet ended.
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\8\ See Final Determination, 89 FR at 83638.
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Consequently, in accordance with section 733(d) of the Act,
Commerce will instruct CBP to terminate the suspension of liquidation,
and to liquidate, without regard to antidumping duties, unliquidated
U.S. entries of truck and bus tires from Thailand entered, or withdrawn
from warehouse, for consumption on or after November 16, 2024, the
first day on which the provisional measures were no longer in effect
for Bridgestone and all other companies, through the day preceding the
date of publication of the ITC Final Determination in the Federal
Register. Suspension of liquidation and the collection of cash deposits
will resume on the date of publication of the ITC Final Determination
in the Federal Register.
Establishment of the Annual Inquiry Service Lists
On September 20, 2021, Commerce published the final rule titled
Regulations to Improve Administration and Enforcement of Antidumping
and Countervailing Duty Laws in the Federal Register.\9\ On September
27, 2021, Commerce published a notification titled Scope Ruling
Application; Annual Inquiry Service List; and Informational Sessions in
the Federal Register.\10\ The Final Rule and Procedural Guidance
provide that Commerce will maintain an annual inquiry service list for
each order or suspended investigation, and any interested party
submitting a scope ruling application or request for circumvention
inquiry shall serve a copy of the application or request on the persons
on the annual inquiry service list for that order, as well as any
companion order covering the same merchandise from the same country of
origin.\11\
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\9\ See Regulations to Improve Administration and Enforcement of
Antidumping and Countervailing Duty Laws, 86 FR 52300 (September 20,
2021) (Final Rule).
\10\ See Scope Ruling Application; Annual Inquiry Service List;
and Informational Sessions, 86 FR 53205 (September 27, 2021)
(Procedural Guidance).
\11\ Id.
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In accordance with the Procedural Guidance, for orders published in
the Federal Register after November 4, 2021, Commerce will create an
annual inquiry service list segment in Commerce's online e-filing and
document management system, Antidumping and Countervailing Duty
Electronic Service System (ACCESS), available at https://access.trade.gov, within five business days of publication of the
notice of the order. Each annual inquiry service list will be
maintained in ACCESS, under each case number, and under a specific
segment type called ``AISL-Annual Inquiry Service List.'' \12\
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\12\ This segment will be combined with the ACCESS Segment
Specific Information (SSI) field which will display the month in
which the notice of the order or suspended investigation was
published in the Federal Register, also known as the anniversary
month. For example, for an order under case number A-000-000 that
was published in the Federal Register in January, the relevant
segment and SSI combination will appear in ACCESS as ``AISL-January
Anniversary.'' Note that there will be only one annual inquiry
service list segment per case number, and the anniversary month will
be pre-populated in ACCESS.
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Interested parties who wish to be added to the annual inquiry
service list for an order must submit an entry of appearance in the
annual inquiry service list segment in ACCESS for the order within 30
days after the date of publication of the order in the Federal
Register. For ease of administration, Commerce requests that a law firm
with more than one attorney representing an interested party in an
order designate a lead attorney to be included on the annual inquiry
service list. Commerce will finalize the annual inquiry service list
within five business days thereafter. As mentioned in the Procedural
Guidance, the new annual inquiry service list will be in place until
the following year, when the Opportunity Notice for the anniversary
month of the order is published in the Federal Register.
[[Page 102113]]
Commerce may update an annual inquiry service list at any time, as
needed, based on interested parties' amendments to their entries of
appearance to remove, or otherwise modify, their list of members and
representatives, or to update contact information. Changes or
announcements pertaining to these procedures will be posted to the
ACCESS website at https://access.trade.gov.
Special Instructions for Petitioners and Foreign Governments
In the Final Rule, Commerce stated that, ``after an initial request
and placement on the annual inquiry service list, both petitioners and
foreign governments will automatically be placed on the annual inquiry
service list in the years that follow.'' \13\ Accordingly, as stated
above, the petitioners and foreign governments should submit their
initial entry of appearance after publication of this notice in the
Federal Register in order to appear in the first annual inquiry service
list. Pursuant to 19 CFR 351.225(n)(3), the petitioners and foreign
governments will not need to resubmit their entries of appearance each
year to continue to be included on the annual inquiry service list.
However, the petitioners and foreign governments are responsible for
making amendments to their entries of appearance during the annual
update to the annual inquiry service list in accordance with the
procedures described above.
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\13\ See Final Rule, 86 FR 52335.
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Notification to Interested Parties
This notice constitutes the antidumping duty order with respect to
truck and bus tires from Thailand, pursuant to section 736(a) of the
Act. Interested parties can find a list of antidumping duty orders
currently in effect at https://www.trade.gov/data-visualization/adcvd-proceedings.
This antidumping duty order is issued and published in accordance
with section 736(a) of the Act and 19 CFR 351.211(b).
Dated: December 11, 2024.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.
Appendix
Scope of the Order
The scope of the order 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 (also known as bias construction or
bias-ply). 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) non-pneumatic 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
(also known as non-radial 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: 4011.90.1010, 4011.90.1050,
4011.90.2010, 4011.90.2050, 4011.90.8010, 4011.90.8050, 8708.70.4530,
8708.70.4546, 8708.70.4548, 8708.70.4560, 8708.70.6030, 8708.70.6045,
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.
[FR Doc. 2024-29606 Filed 12-16-24; 8:45 am]
BILLING CODE 3510-DS-P
