Termination of suspension of liquidation in the countervailing duty investigation of certain new pneumatic off-the-road tires from India (C-533-870)

1. In keeping with the World Trade Organization agreement on subsidies and countervailing measures, Commerce is instructing CBP to discontinue the suspension of liquidation of entries concerning the countervailing duty investigation of certain new pneumatic off-the-road tires from India effective 10/17/2016, which is 120 days after the date of publication of Commerce's preliminary determination. 2. The scope of this investigation is certain new pneumatic off-the-road tires (certain off road tires). Certain off road tires are tires with an off road tire size designation. The tires included in the scope may be either tube-type* or tubeless, radial, or non-radial, regardless of whether for original equipment manufacturers or the replacement market. Subject tires may have the following prefix or suffix designation, which appears on the sidewall of the tire: Prefix designations: DH – Identifies a tire intended for agricultural and logging service which must be mounted on a DH drop center rim. VA – Identifies a tire intended for agricultural and logging service which must be mounted on a VA multipiece rim. IF – Identifies an agricultural tire to operate at 20 percent higher rated load than standard metric tires at the same inflation pressure. VF – Identifies an agricultural tire to operate at 40 percent higher rated load than standard metric tires at the same inflation pressure. Suffix designations: ML – Mining and logging tires used in intermittent highway service. DT – Tires primarily designed for sand and paver service. NHS – Not for Highway Service. TG – Tractor Grader, off-the-road tire for use on rims having bead seats with nominal +0.188” diameter (not for highway service). K – Compactor tire for use on 5° drop center or semi-drop center rims having bead seats with nominal minus 0.032 diameter. IND – Drive wheel tractor tire used in industrial service. SL – Service limited to agricultural usage. FI – Implement tire for agricultural towed highway service. CFO – Cyclic Field Operation. SS – Differentiates tires for off-highway vehicles such as mini and skid-steer loaders from other tires which use similar size designations such as 7.00-15TR and 7.00-15NHS, but may use different rim bead seat configurations. All tires marked with any of the prefixes or suffixes listed above in their sidewall markings are covered by the scope regardless of their intended use. In addition, all tires that lack any of the prefixes or suffixes listed above in their sidewall markings are included in the scope, regardless of their intended use, as long as the tire is of a size that is among the numerical size designations listed in the following sections of the Tire and Rim Association Year Book, as updated annually, unless the tire falls within one of the specific exclusions set forth below. The sections of the Tire and Rim Association Year Book listing numerical size designations of covered certain off road tires include: The table of mining and logging tires included in the section on Truck-Bus tires; The entire section on Off-the-Road tires; The entire section on Agricultural tires; and The following tables in the section on Industrial/ATV/Special Trailer tires: • Industrial, Mining, Counterbalanced Lift Truck (Smooth Floors Only); • Industrial and Mining (Other than Smooth Floors); • Construction Equipment; • Off-the-Road and Counterbalanced Lift Truck (Smooth Floors Only); • Aerial Lift and Mobile Crane; and • Utility Vehicle and Lawn and Garden Tractor. Certain off road tires, whether or not mounted on wheels or rims, are included in the scope. However, if a subject tire is imported mounted on a wheel or rim, only the tire is covered by the scope. Subject merchandise includes certain off road tires produced in the subject countries whether mounted on wheels or rims in a subject country or in a third country. Certain off road tires are covered whether or not they are accompanied by other parts, e.g., a wheel, rim, axle parts, bolts, nuts, etc. Certain off road tires that enter attached to a vehicle are not covered by the scope. Specifically excluded from the scope are passenger vehicle and light truck tires, racing tires, mobile home tires, motorcycle tires, all-terrain vehicle tires, bicycle tires, on-road or on-highway trailer tires, and truck and bus tires. Such tires generally have in common that the symbol “DOT” must appear on the sidewall, certifying that the tire conforms to applicable motor vehicle safety standards. Such excluded tires may also have the following prefixes and suffixes included as part of the size designation on their sidewalls: Prefix letter designations: AT – Identifies a tire intended for service on All-Terrain Vehicles; P – Identifies a tire intended primarily for service on passenger cars; LT – Identifies a tire intended primarily for service on light trucks; T – Identifies a tire intended for one-position “temporary use” as a spare only; and ST – Identifies a special tire for trailers in highway service. Suffix letter designations: TR – Identifies a tire for service on trucks, buses, and other vehicles with rims having specified rim diameter of nominal plus 0.156” or plus 0.250”; MH – Identifies tires for Mobile Homes; HC – Identifies a heavy duty tire designated for use on “HC” 15” tapered rims used on trucks, buses, and other vehicles. This suffix is intended to differentiate among tires for light trucks, and other vehicles or other services, which use a similar designation. Example: 8R17.5 LT, 8R17.5 HC; LT – Identifies light truck tires for service on trucks, buses, trailers, and multipurpose passenger vehicles used in nominal highway service; ST – Special tires for trailers in highway service; and M/C – Identifies tires and rims for motorcycles. The following types of tires are also excluded from the scope: Pneumatic tires that are not new, including recycled or retreaded tires and used tires; non-pneumatic tires, including solid rubber tires; aircraft tires; and turf, lawn and garden, and golf tires. Also excluded from the scope are mining and construction tires that have a rim diameter equal to or exceeding 39 inches. Such tires may be distinguished from other tires of similar size by the number of plies that the construction and mining tires contain (minimum of 16) and the weight of such tires (minimum 1500 pounds). The subject merchandise is currently classifiable under Harmonized Tariff Schedule of the United States (HTSUS) subheadings: 4011.20.1025, 4011.20.1035, 4011.20.5030, 4011.20.5050, 4011.61.0000, 4011.62.0000, 4011.63.0000, 4011.69.0050**, 4011.92.0000, 4011.93.4000, 4011.93.8000, 4011.94.4000, 4011.94.8000, 8431.49.9038, 8431.49.9090, 8709.90.0020, and 8716.90.1020. Tires meeting the scope description may also enter under the following HTSUS subheadings: 4011.99.4550**, 4011.99.8550**, 8424.90.9080, 8431.20.0000, 8431.39.0010, 8431.49.1090, 8431.49.9030, 8432.90.0005, 8432.90.0015, 8432.90.0030, 8432.90.0080, 8433.90.5010, 8503.00.9560, 8708.70.0500, 8708.70.2500, 8708.70.4530, 8716.90.5035, 8716.90.5055, 8716.90.5056, and 8716.90.5059 . While HTSUS subheadings are provided for convenience and customs purposes, the written description of the subject merchandise is dispositive. * While tube-type tires are subject to the scope of these proceedings, tubes and flaps are not subject merchandise and therefore are not covered by the scope of these proceedings, regardless of the manner in which they are sold (e.g., sold with or separately from subject merchandise). ** HTSUS subheadings 4011.69.0050, 4011.99.4550, and 4011.99.8550 were discontinued effective 1/1/2016. 3. This investigation has been assigned investigation number C-533-870. 4. CBP shall discontinue the suspension of liquidation for countervailing duty purposes on all shipments of subject merchandise entered, or withdrawn from warehouse, for consumption on or after 10/17/2016. The suspension of liquidation will not be resumed unless and until the final affirmative determination on this case is published in the Federal Register by the ITC. CBP shall continue to suspend liquidation on all shipments entered, or withdrawn from warehouse, for consumption made during the period 3/22/2016 through 10/16/2016 until the conclusion of the countervailing duty investigation. 5. These discontinuation instructions do not affect the requirements of a cash deposit or bond on entries subject to the suspension of liquidation announced in Commerce's preliminary determination in the companion antidumping duty investigation of certain new pneumatic off-the-road tires from India. 6. If there are any questions by the importing public regarding this message, please contact the Call Center for the Office of AD/CVD Operations, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce at (202) 482-0984. CBP ports should submit their inquiries through authorized CBP channels only. (This message was generated by OVII:SJT.) 7. There are no restrictions on the release of this information. Alexander Amdur