Federal Register - February 19, 2021
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Fuente: Federal Register
10248
Federal Register / Vol. 86, No. 32 / Friday, February 19, 2021 / Notices
Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone:
202 4825255.
SUPPLEMENTARY INFORMATION:
Background On August 10, 2015, Commerce published the amended final affirmative determinations in the AD and CVD
investigations of passenger tires from China as well as the AD and CVD orders for passenger tires in the Federal Register.1 On July 1, 2020, the ITC
instituted,2 and Commerce initiated,3
the five-year sunset reviews of the AD
and CVD orders on passenger tires from China, pursuant to section 751c of the Tariff Act of 1930, as amended the Act.
As a result of its reviews, Commerce determined that revocation of the Orders on passenger tires from China would be likely to lead to continuation or recurrence of dumping and countervailable subsidies and, therefore, notified the ITC of the magnitude of the margins and net subsidy rates likely to prevail should the Orders be revoked.4
On February 11, 2021, the ITC
published its determinations, pursuant to sections 751c and 752a 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.5
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Scope of the Orders The scope of the Orders 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 these Orders may be tube-type, tubeless, radial, or non-radial, and they may be 1 See Certain Passenger Vehicle and Light Truck Tires from the Peoples Republic of China:
Amended Final Affirmative Antidumping Duty Determination and Antidumping Duty Order; and Amended Final Affirmative Countervailing Duty Determination and Countervailing Duty Order, 80
FR 47902 August 10, 2015 Orders.
2 See Passenger Vehicle and Light Truck Tires from China; Institution of Five-Year Reviews, 85 FR
39581 July 1, 2020.
3 See Initiation of Five-Year Sunset Reviews, 85
FR 39526 July 1, 2020.
4 See Certain Passenger Vehicle and Light Truck Tires from Peoples Republic of China: Final Results of the First Expedited Sunset Review of the Antidumping Duty Order, 85 FR 70128 November 4, 2020; see also Certain Passenger Vehicle and Light Truck Tires from the Peoples Republic of China: Final Results of the Expedited First Sunset Review of the Countervailing Duty Order, 85 FR
71313 November 9, 2020.
5 See Passenger Vehicle and Light Truck Tires from China Inv. No 701TA522 and 731TA1258
Review, 86 FR 9084 February 11, 2021; see also Passenger Vehicle and Light Truck Tires from China Inv. Nos. 701TA522 and 731TA1258 Review.
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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:
PIdentifies a tire intended primarily for service on passenger cars LTIdentifies a tire intended primarily for service on light trucks Suffix letter designations:
LTIdentifies 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 investigation 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 is among the numerical size designations listed in the passenger car section or light truck section of the Tire and Rim Association Yearbook, as updated annually, 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 of the Orders are the following types of tires: Racing car tires; such tires do not bear the symbol DOT on the sidewall and may be marked with ZR in size designation;
1 New pneumatic tires, of rubber, of a size that is not listed in the passenger car section or light truck section of the Tire and Rim Association Yearbook;
2 pneumatic tires, of rubber, that are not new, including recycled and retreaded tires;
3 non-pneumatic tires, such as solid rubber tires;
5 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 tires sidewall are listed in Table PCT1B
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T Type Spare Tires for Temporary Use on Passenger Vehicles of the Tire and Rim Association Yearbook, b the designation T is molded into the tires sidewall as part of the size designation, and, c the tires speed rating is molded on the sidewall, indicating the rated speed in MPH or a letter rating as listed by Tire and Rim Association Yearbook, and the rated speed is 81 MPH or a M
rating;
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 tires sidewall is listed in the ST
sections of the Tire and Rim Association Yearbook, b the designation ST is molded into the tires 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 tires sidewall meets or exceeds those load indexes listed in the Tire and Rim Association Yearbook for the relevant ST tire size, and e either i The tires speed rating is molded on the sidewall, indicating the rated speed in MPH or a letter rating as listed by Tire and Rim Association Yearbook, and the rated speed does not exceed 81
MPH or an M rating; or ii the tires speed rating molded on the sidewall is 87 MPH or an N rating, and in either case the tires 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 Yearbook; 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 Yearbook, 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 Yearbook;
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 tires
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