NOTICE OF A PRELIMINARY DETERMINATION IN AN ANTIDUMPING DUTY INVESTIGATION OF CERTAIN NEW PNEUMATIC OFF-THE- ROAD TIRES FROM CHINA (A-570-912-001 THRU -048)

MESSAGE NO: 8073203 DATE: 03 13 2008 CATEGORY: ADA TYPE: PRE REFERENCE: REFERENCE DATE: CASES: A - 570 - 912 - - - - - - - - - - PERIOD COVERED: 02 20 2008 TO LIQ SUSPENSION DATE: TO: DIRECTORS OF FIELD OPERATIONS PORT DIRECTORS FROM: DIRECTOR, SPECIAL ENFORCEMENT RE: NOTICE OF A PRELIMINARY DETERMINATION IN AN ANTIDUMPING DUTY INVESTIGATION OF CERTAIN NEW PNEUMATIC OFF-THE- ROAD TIRES FROM CHINA (A-570-912-001 THRU -048) 1. ON 02/20/2008, THE DEPARTMENT OF COMMERCE PUBLISHED IN THE FEDERAL REGISTER ITS PRELIMINARY DETERMINATION OF SALES AT LESS THAN FAIR VALUE AND THE POSTPONEMENT OF THE FINAL DETERMINATION IN THE ANTIDUMPING DUTY INVESTIGATION OF CERTAIN NEW PNEUMATIC OFF-THE-ROAD TIRES ("OTR TIRES") FROM THE PEOPLE'S REPUBLIC OF CHINA. 2. THE PRODUCTS COVERED BY THE SCOPE OF THE INVESTIGATION ARE NEW PNEUMATIC TIRES DESIGNED FOR OFF-THE-ROAD AND OFF-HIGHWAY USE, SUBJECT TO EXCEPTIONS IDENTIFIED BELOW. CERTAIN OTR TIRES ARE GENERALLY DESIGNED, MANUFACTURED AND OFFERED FOR SALE FOR USE ON OFF-ROAD OR OFF-HIGHWAY SURFACES, INCLUDING BUT NOT LIMITED TO, AGRICULTURAL FIELDS, FORESTS, CONSTRUCTION SITES, FACTORY AND WAREHOUSE INTERIORS, AIRPORT TARMACS, PORTS AND HARBORS, MINES, QUARRIES, GRAVEL YARDS, AND STEEL MILLS. THE VEHICLES AND EQUIPMENT FOR WHICH CERTAIN OTR TIRES ARE DESIGNED FOR USE INCLUDE, BUT ARE NOT LIMITED TO: (1) AGRICULTURAL AND FORESTRY VEHICLES AND EQUIPMENT, INCLUDING AGRICULTURAL TRACTORS, (SEE FOOTNOTE 1) COMBINE HARVESTERS, (SEE FOOTNOTE 2) AGRICULTURAL HIGH CLEARANCE SPRAYERS, (SEE FOOTNOTE 3) INDUSTRIAL TRACTORS, (SEE FOOTNOTE 4) LOG-SKIDDERS, (SEE FOOTNOTE 5) AGRICULTURAL IMPLEMENTS, HIGHWAY-TOWED IMPLEMENTS, AGRICULTURAL LOGGING, AND AGRICULTURAL, INDUSTRIAL, SKID-STEERS/MINI-LOADERS; (SEE FOOTNOTE 6) (2) CONSTRUCTION VEHICLES AND EQUIPMENT, INCLUDING EARTHMOVER ARTICULATED DUMP PRODUCTS, RIGID FRAME HAUL TRUCKS, (SEE FOOTNOTE 7) FRONT END LOADERS, (SEE FOOTNOTE 8) DOZERS, (SEE FOOTNOTE 9) LIFT TRUCKS, STRADDLE CARRIERS, (SEE FOOTNOTE 10) GRADERS, (SEE FOOTNOTE 11) MOBILE CRANES, COMPACTORS; AND (3) INDUSTRIAL VEHICLES AND EQUIPMENT, INCLUDING SMOOTH FLOOR, INDUSTRIAL, MINING, COUNTERBALANCED LIFT TRUCKS, INDUSTRIAL AND MINING VEHICLES OTHER THAN SMOOTH FLOOR, SKID-STEERS/MINI-LOADERS, AND SMOOTH FLOOR OFF-THE-ROAD COUNTERBALANCED LIFT TRUCKS (SEE FOOTNOTE 12). THE FOREGOING LIST OF VEHICLES AND EQUIPMENT GENERALLY HAVE IN COMMON THAT THEY ARE USED FOR HAULING, TOWING, LIFTING, AND/OR LOADING A WIDE VARIETY OF EQUIPMENT AND MATERIALS IN AGRICULTURAL, CONSTRUCTION AND INDUSTRIAL SETTINGS. THE FOREGOING DESCRIPTIONS ARE ILLUSTRATIVE OF THE TYPES OF VEHICLES AND EQUIPMENT THAT USE CERTAIN OTR TIRES, BUT ARE NOT NECESSARILY ALL-INCLUSIVE. WHILE THE PHYSICAL CHARACTERISTICS OF CERTAIN OTR TIRES WILL VARY DEPENDING ON THE SPECIFIC APPLICATIONS AND CONDITIONS FOR WHICH THE TIRES ARE DESIGNED (E.G., TREAD PATTERN AND DEPTH), ALL OF THE TIRES WITHIN THE SCOPE HAVE IN COMMON THAT THEY ARE DESIGNED FOR OFF-ROAD AND OFF-HIGHWAY USE. EXCEPT AS DISCUSSED BELOW, OTR TIRES INCLUDED IN THE SCOPE OF THE PETITIONS RANGE IN SIZE (RIM DIAMETER) GENERALLY BUT NOT EXCLUSIVELY FROM 8 INCHES TO 54 INCHES. THE TIRES MAY BE EITHER TUBE-TYPE OR TUBELESS, RADIAL OR NON-RADIAL, AND INTENDED FOR SALE EITHER TO ORIGINAL EQUIPMENT MANUFACTURERS OR THE REPLACEMENT MARKET. THE SUBJECT MERCHANDISE IS CURRENTLY CLASSIFIABLE UNDER HARMONIZED TARIFF SCHEDULE OF THE UNITED STATES ("HTSUS") SUBHEADINGS: 4011.20.10.25, 4011.20.10.35, 4011.20.50.30, 4011.20.50.50, 4011.61.00.00, 4011.62.00.00, 4011.63.00.00, 4011.69.00.00, 4011.92.00.00, 4011.93.40.00, 4011.93.80.00, 4011.94.40.00, AND 4011.94.80.00. WHILE HTSUS SUBHEADINGS ARE PROVIDED FOR CONVENIENCE AND CUSTOMS PURPOSES, OUR WRITTEN DESCRIPTION OF THE SCOPE IS DISPOSITIVE. FOOTNOTES (1) AN AGRICULTURAL TRACTOR IS A FOUR-WHEELED VEHICLE USUALLY WITH LARGE REAR TIRES AND SMALL FRONT TIRES THAT IS USED TO TOW FARMING EQUIPMENT. (2) A COMBINE HARVESTER IS USED TO HARVEST CROPS SUCH AS CORN OR WHEAT. (3) AN AGRICULTURAL SPRAYER IS USED TO IRRIGATE AGRICULTURAL FIELDS. (4) AN INDUSTRIAL TRACTOR IS A FOUR-WHEELED VEHICLE USUALLY WITH LARGE REAR TIRES AND SMALL FRONT TIRES THAT IS USED TO TOW INDUSTRIAL EQUIPMENT. (5) A LOG SKIDDER HAS A GRAPPLING LIFT ARM THAT IS USED TO GRASP, LIFT AND MOVE TREES THAT HAVE BEEN CUT DOWN TO A TRUCK OR TRAILER FOR TRANSPORT TO A MILL OR OTHER DESTINATION. (6) A SKID-STEER LOADER IS A FOUR-WHEEL DRIVE VEHICLE WITH THE LEFT-SIDE DRIVE WHEELS INDEPENDENT OF THE RIGHT-SIDE DRIVE WHEELS AND LIFT ARMS THAT LIE ALONGSIDE THE DRIVER WITH THE MAJOR PIVOT POINTS BEHIND THE DRIVER'S SHOULDERS. SKID-STEER LOADERS ARE USED IN AGRICULTURAL, CONSTRUCTION AND INDUSTRIAL SETTINGS. (7) A HAUL TRUCK, WHICH MAY?BE EITHER RIGID FRAME OR ARTICULATED (I.E., ABLE TO BEND IN THE MIDDLE) IS TYPICALLY USED IN MINES, QUARRIES AND CONSTRUCTION SITES TO HAUL SOIL, AGGREGATE, MINED ORE, OR DEBRIS. (8) A FRONT LOADER HAS LIFT ARMS IN FRONT OF THE VEHICLE. IT CAN SCRAPE MATERIAL FROM ONE LOCATION TO ANOTHER, CARRY MATERIAL IN ITS BUCKET OR LOAD MATERIAL INTO A TRUCK OR TRAILER. (9) A DOZER IS A LARGE FOUR-WHEELED VEHICLE WITH A DOZER BLADE THAT IS USED TO PUSH LARGE QUANTITIES OF SOIL, SAND, RUBBLE, ETC., TYPICALLY AROUND CONSTRUCTION SITES. THEY CAN ALSO BE USED TO PERFORM "ROUGH GRADING" IN ROAD CONSTRUCTION. (10) A STRADDLE CARRIER IS A RIGID FRAME, ENGINE-POWERED MACHINE THAT IS USED TO LOAD AND OFFLOAD CONTAINERS FROM CONTAINER VESSELS AND LOAD THEM ONTO (OR OFF OF) TRACTOR TRAILERS. (11) A GRADER IS A VEHICLE WITH A LARGE BLADE USED TO CREATE A FLAT SURFACE. GRADERS ARE TYPICALLY USED TO PERFORM "FINISH GRADING." GRADERS ARE COMMONLY USED IN MAINTENANCE OF UNPAVED ROADS AND ROAD CONSTRUCTION TO PREPARE THE BASE COURSE ONTO WHICH ASPHALT OR OTHER PAVING MATERIAL WILL BE LAID. (12) A COUNTERBALANCED LIFT TRUCK IS A RIGID FRAME, ENGINE-POWERED MACHINE WITH LIFT ARMS THAT HAS ADDITIONAL WEIGHT INCORPORATED INTO THE BACK OF THE MACHINE TO OFFSET OR COUNTERBALANCE THE WEIGHT OF LOADS THAT IT LIFTS SO AS TO PREVENT THE VEHICLE FROM OVERTURNING. AN EXAMPLE OF A COUNTER BALANCED LIFT TRUCK IS A COUNTERBALANCED FORK LIFT TRUCK. COUNTERBALANCED LIFT TRUCKS MAY BE DESIGNED FOR USE ON SMOOTH FLOOR SURFACES, SUCH AS A FACTORY OR WAREHOUSE, OR OTHER SURFACES, SUCH AS CONSTRUCTION SITES, MINES, ETC. END OF FOOTNOTES SPECIFICALLY EXCLUDED FROM THE SCOPE ARE NEW PNEUMATIC TIRES DESIGNED, MANUFACTURED AND OFFERED FOR SALE PRIMARILY FOR ON-HIGHWAY OR ON-ROAD USE, INCLUDING PASSENGER CARS, RACE CARS, STATION WAGONS, SPORT UTILITY VEHICLES, MINIVANS, MOBILE HOMES, MOTORCYCLES, BICYCLES, ON-ROAD OR ON-HIGHWAY TRAILERS, LIGHT TRUCKS, AND TRUCKS AND BUSES. 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 DESIGNATIONS THAT ARE USED BY THE TIRE AND RIM ASSOCIATION: PREFIX LETTER DESIGNATIONS: 1. P - IDENTIFIES A TIRE INTENDED PRIMARILY FOR SERVICE ON PASSENGER CARS; 2. LT - IDENTIFIES A TIRE INTENDED PRIMARILY FOR SERVICE ON LIGHT TRUCKS; AND, 3. ST - IDENTIFIES A SPECIAL TIRE FOR TRAILERS IN HIGHWAY SERVICE. SUFFIX LETTER DESIGNATIONS: 4. 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"; 5. MH - IDENTIFIES A TIRE FOR MOBILE HOMES; 6. 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. 7. EXAMPLE: 8R17.5 LT, 8R17.5 HC; 8. LT - IDENTIFIES LIGHT TRUCK TIRES FOR SERVICE ON TRUCKS, BUSES, TRAILERS, AND MULTIPURPOSE PASSENGER VEHICLES USED IN NOMINAL HIGHWAY SERVICE; AND 9. MC - 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; TIRES OF A KIND USED ON AIRCRAFT, ALL-TERRAIN VEHICLES, AND VEHICLES FOR TURF, LAWN AND GARDEN, GOLF AND TRAILER APPLICATIONS; AND TIRES OF A KIND USED FOR MINING AND CONSTRUCTION VEHICLES AND EQUIPMENT 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). 3. FOR FURTHER REPORTING PURPOSES THIS CASE HAS BEEN ASSIGNED INVESTIGATION NUMBER A-570-912. 4. FOR IMPORTS OF CERTAIN NEW PNEUMATIC OFF-THE-ROAD TIRES FROM THE PEOPLE'S REPUBLIC OF CHINA, THE BUREAU OF CUSTOMS AND BORDER PROTECTION (CBP) SHALL SUSPEND LIQUIDATIONS OF SUCH SHIPMENTS ENTERED OR WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION ON OR AFTER 02/20/2008. EFFECTIVE 02/20/2008 CUSTOMS SHALL REQUIRE, FOR SUCH ENTRIES, A CASH DEPOSIT OR THE POSTING OF A BOND EQUAL TO THE MARGINS SHOWN BELOW: EXPORTER MANUFACTURER CUSTOMS ID NUMBER MARGIN GUIZHOU TYRE CO., LTD. GUIZHOU ADVANCE RUBBER A-570-912-001 16.35% GUIZHOU TYRE CO., LTD. GUIZHOU TYRE CO., LTD. A-570-912-002 16.35% HEBEI STARBRIGHT CO., LTD. HEBEI STARBRIGHT CO., LTD. A-570-912-003 19.73% TIANJIN UNITED TIRE & RUBBER INTERNATIONAL CO., LTD. ("TUTRIC") TIANJIN UNITED TIRE & RUBBER INTERNATIONAL CO., LTD. ("TUTRIC") A-570-912-004 10.98% XUZHOU XUGONG TYRES CO., LTD. XUZHOU XUGONG TYRES CO., LTD. A-570-912-005 51.81% AEOLUS TYRE CO., LTD. AEOLUS TYRE CO., LTD. A-570-912-006 24.75% DOUBLE COIN HOLDINGS LTD. DOUBLE COIN HOLDINGS LTD. A-570-912-007 24.75% DOUBLE COIN HOLDINGS LTD. DOUBLE COIN GROUP RUGAO TYRE CO., LTD. A-570-912-008 24.75% DOUBLE COIN HOLDINGS LTD. DOUBLE COIN GROUP SHANGHAI DONGHAI TYRE CO., LTD. A-570-912-009 24.75% DOUBLE HAPPINESS TYRE INDUSTRIES CORP., LTD. DOUBLE HAPPINESS TYRE INDUSTRIES CORP., LTD. A-570-912-010 24.75% JIANGSU FEICHI CO., LTD. JIANGSU FEICHI CO., LTD. A-570-912-011 24.75% KS HOLDING LIMITED ORIENTAL TYRE TECHNOLOGY LTD. A-570-912-012 24.75% KS HOLDING LIMITED SHANDONG TAISHAN TYRE CO., LTD. A-570-912-013 24.75% KS HOLDING LIMITED XU ZHOU XUGONG TYRES CO., LTD. A-570-912-014 24.75% LAIZHOU XIONGYING RUBBER INDUSTRY CO., LTD. LAIZHOU XIONGYING RUBBER INDUSTRY CO., LTD. A-570-912-015 24.75% ORIENTAL TYRE TECHNOLOGY LIMITED MIDLAND OFF THE ROAD TIRE CO., LTD. A-570-912-016 24.75% ORIENTAL TYRE TECHNOLOGY LIMITED MIDLAND SPECIALTY TIRE CO., LTD. A-570-912-017 24.75% ORIENTAL TYRE TECHNOLOGY LIMITED XUZHOU HANBANG TYRES CO., LTD. A-570-912-018 24.75% QINGDAO ETYRE INTERNATIONAL TRADE CO., LTD. SHANDONG XINGDA TYRE CO. LTD. A-570-912-019 24.75% QINGDAO ETYRE INTERNATIONAL TRADE CO., LTD. SHANDONG XINGYUAN INTERNATIONAL TRADE CO. LTD. A-570-912-020 24.75% QINGDAO ETYRE INTERNATIONAL TRADE CO., LTD. SHANDONG XINGYUAN RUBBER CO. LTD. A-570-912-021 24.75% QINGDAO FREE TRADE ZONE FULL-WORLD INTERNATIONAL TRADING CO., LTD. QINGDAO EASTERN INDUSTRIAL GROUP CO., LTD. A-570-912-022 24.75% QINGDAO FREE TRADE ZONE FULL-WORLD INTERNATIONAL TRADING CO., LTD. QINGDAO QIHANG TYRE CO., LTD. A-570-912-023 24.75% QINGDAO FREE TRADE ZONE FULL-WORLD INTERNATIONAL TRADING CO., LTD. QINGDAO SHUANGHE TYRE CO., LTD. A-570-912-024 24.75% QINGDAO FREE TRADE ZONE FULL-WORLD INTERNATIONAL TRADING CO., LTD. QINGDAO YELLOWSEA TYRE FACTORY A-570-912-025 24.75% QINGDAO FREE TRADE ZONE FULL-WORLD INTERNATIONAL TRADING CO., LTD. SHANDONG ZHENTAI TYRE CO., LTD. A-570-912-026 24.75% QINGDAO HENGDA TYRES CO., LTD. QINGDAO HENGDA TYRES CO., LTD. A-570-912-027 24.75% QINGDAO MILESTONE TYRE CO., LTD. QINGDAO SHUANGHE TYRE CO., LTD. A-570-912-028 24.75% QINGDAO MILESTONE TYRE CO., LTD. SHANDONG ZHENTAI TYRE CO., LTD. A-570-912-029 24.75% QINGDAO MILESTONE TYRE CO., LTD. SHIFENG DOUBLE-STAR TIRE CO., LTD. A-570-912-030 24.75% QINGDAO MILESTONE TYRE CO., LTD. WEIFANG LONGTAI TYRE CO., LTD. A-570-912-031 24.75% QINGDAO QIHANG TYRE CO., LTD. QINGDAO QIHANG TYRE CO., LTD. A-570-912-032 24.75% QINGDAO QIZHOU RUBBER CO., LTD. QINGDAO QIZHOU RUBBER CO., LTD. A-570-912-033 24.75% QINGDAO SINORIENT INTERNATIONAL LTD. QINGDAO HENGDA TYRES CO., LTD. A-570-912-034 24.75% QINGDAO SINORIENT INTERNATIONAL LTD. SHIFENG DOUBLE-STAR TIRE CO., LTD. A-570-912-035 24.75% QINGDAO SINORIENT INTERNATIONAL LTD. TENGZHOU BRONCHO TYRE CO., LTD A-570-912-036 24.75% SHANDONG HUITONG TYRE CO., LTD. SHANDONG HUITONG TYRE CO., LTD. A-570-912-037 24.75% SHANDONG JINYU TYRE CO., LTD. SHANDONG JINYU TYRE CO., LTD. A-570-912-038 24.75% SHANDONG TAISHAN TYRE CO., LTD SHANDONG TAISHAN TYRE CO., LTD A-570-912-039 24.75% SHANDONG WANDA BOTO TYRE CO., LTD. SHANDONG WANDA BOTO TYRE CO., LTD. A-570-912-040 24.75% SHANDONG XINGYUAN INTERNATIONAL TRADING CO., LTD. SHANGDONG XINGDA TYRE CO., LTD. A-570-912-041 24.75% SHANDONG XINGYUAN INTERNATIONAL TRADING CO., LTD. XINGYUAN TYRE GROUP CO., LTD. A-570-912-042 24.75% TECHKING TIRES LIMITED SHANDONG XINGDA TYRE CO. LTD. A-570-912-043 24.75% TECHKING TIRES LIMITED SHANDONG XINGYUAN INTERNATIONAL TRADE CO. LTD. A-570-912-044 24.75% TECHKING TIRES LIMITED SHANDONG XINGYUAN RUBBER CO. LTD. A-570-912-045 24.75% TRIANGLE TYRE CO., LTD. TRIANGLE TYRE CO., LTD. A-570-912-046 24.75% WENDENG SANFENG TYRE CO., LTD. WENDENG SANFENG TYRE CO., LTD. A-570-912-047 24.75% ZHAOYUAN LEO RUBBER CO., LTD. ZHAOYUAN LEO RUBBER CO., LTD. A-570-912-048 24.75% PRC-ENTITY A-570-912-000 210.48% 5. IN ACCORDANCE WITH T.D. 85-145, AT THE DISCRETION OF CBP, CUSTOMS OFFICERS MAY ACCEPT EITHER A SINGLE-ENTRY BASIC IMPORTATION AND ENTRY BOND OR A CONTINUOUS BASIC IMPORTATION AND ENTRY BOND ONLY IF THE AMOUNT OF THE ESTIMATED ANTIDUMPING OR COUNTERVAILING DUTY IS LESS THAN FIVE PERCENT AD VALOREM (OR THE EQUIVALENT). OTHERWISE, WHERE THE IMPORTER HAS THE OPTION TO POST A BOND FOR ESTIMATED ANTIDUMPING OR COUNTERVAILING DUTIES, CUSTOMS OFFICERS MUST REQUIRE A SINGLE-ENTRY BASIC IMPORTATION AND ENTRY BOND PURSUANT TO T.D. 85-145. YOU ARE INSTRUCTED TO ADHERE TO THE REQUIREMENTS OF T.D. 85-145 WITH RESPECT TO THESE BONDING REQUIREMENTS. 6. IF THERE ARE ANY QUESTIONS REGARDING THIS MATTER BY CBP OFFICERS, THE IMPORTING PUBLIC OR INTERESTED PARTIES, PLEASE CONTACT DAVINA HASHMI OR RON TRENTHAM AT OFFICE OF AD/CVD OPERATIONS, IMPORT ADMINISTRATION, INTERNATIONAL TRADE ADMINISTRATION, U.S. DEPARTMENT OF COMMERCE, AT (202) 482-0984 OR (202) 482-3577 RESPECTIVELY (GENERATED BY O8:LRL). 7. THERE ARE NO RESTRICTIONS ON THE RELEASE OF THIS INFORMATION. DAVID M. GENOVESE