CSMS 8262205·Trade policy·September 18, 2008·View on csms.cbp.gov ↗

COUNTERVAILING DUTY ORDER IN THE INVESTIGATION OF CERTAIN NEW PNEUMATIC OFF-THE-ROAD TIRES CHINA (C-570-913-000/001/002/003)

Plain-English explanation

CSMS 8262205 is a U.S. Customs and Border Protection (CBP) Cargo Systems Messaging Service bulletin (trade policy), published on September 18, 2008. It carries the official CBP guidance brokers and importers must follow for the topic — "COUNTERVAILING DUTY ORDER IN THE INVESTIGATION OF CERTAIN NEW PNEUMATIC OFF-THE-ROAD TIRES CHINA (C-570-913-000/001/002/003)". It links to 1 AD/CVD case in Tandom's catalog. CSMS messages are the operational layer between Commerce determinations and at-the-border collections: when Commerce publishes a new rate, scope ruling, or instruction, CBP turns it into a CSMS that ACE/ACS systems and brokers act on.

Linked AD/CVD cases(1)

Cases referenced or affected by this CSMS message

C-570-913

Message body

Full text as published by U.S. Customs and Border Protection

MESSAGE NO: 8262205 DATE: 09 18 2008 CATEGORY: CVD TYPE: ORD REFERENCE: REFERENCE DATE: CASES: C - 570 - 913 - - - - - - - - - - PERIOD COVERED: 09 05 2008 TO LIQ SUSPENSION DATE: TO: DIRECTORS OF FIELD OPERATIONS PORT DIRECTORS FROM: DIRECTOR, SPECIAL ENFORCEMENT RE: COUNTERVAILING DUTY ORDER IN THE INVESTIGATION OF CERTAIN NEW PNEUMATIC OFF-THE-ROAD TIRES CHINA (C-570-913-000/001/002/003) 1. ON SEPTEMBER 4, 2008, THE DEPARTMENT OF COMMERCE (THE DEPARTMENT) PUBLISHED IN THE FEDERAL REGISTER ITS COUNTERVAILING DUTY ORDER IN THE INVESTIGATION OF CERTAIN NEW PNEUMATIC OFF-THE-ROAD TIRES FROM THE PEOPLE'S REPUBIC OF CHINA. SEE 73 FR 51627. 2. THE PRODUCTS COVERED BY THE ORDER ARE NEW PNEUMATIC TIRES DESIGNED FOR OFF-THE-ROAD (OTR) 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 (NOTE I), COMBINE HARVESTERS (NOTE II), AGRICULTURAL HIGH CLEARANCE SPRAYERS (NOTE III), INDUSTRIAL TRACTORS (NOTE IV), LOG-SKIDDERS (NOTE V), AGRICULTURAL IMPLEMENTS, HIGHWAY-TOWED IMPLEMENTS, AGRICULTURAL LOGGING, AND AGRICULTURAL, INDUSTRIAL, SKID-STEERS/MINI-LOADERS (NOTE VI); (2) CONSTRUCTION VEHICLES AND EQUIPMENT, INCLUDING EARTHMOVER ARTICULATE D DUMP PRODUCTS, RIGID FRAME HAUL TRUCKS (NOTE VII), FRONT END LOADERS (NOTE VIII), DOZERS (NOTE IX), LIFT TRUCKS, STRADDLE CARRIERS (NOTE X), GRADERS (NOTE XI), MOBILE CRANES (NOTE XII), 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 (NOTE XIII). 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. SUCH VEHICLES AND EQUIPMENT, AND THE DESCRIPTIONS CONTAINED IN THE FOOTNOTES 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 FO R 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 ORDER RANGE IN SIZE (RIM DIAMETER) GENERALLY BUT NOT EXCLUSIVELY FROM 8 INCHES TO 54 INCHES. THE TIRES MAY BE EITHER TUBE-TYPE (NOTE XIV) 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. 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: P - IDENTIFIES A TIRE INTENDED PRIMARILY FOR SERVICE ON PASSENGER CARS; LT - IDENTIFIES A TIRE INTENDED PRIMARILY FOR SERVICE ON LIGHT TRUCKS; 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; AND 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 DESIGNED FOR USE ON AIRCRAFT, ALL-TERRAIN VEHICLES, AND VEHICLES FOR TURF, LAWN AND GARDEN, GOLF AND TRAILER APPLICATIONS. ALSO EXCLUDED FROM THE SCOPE ARE RADIAL AND BIAS TIRES OF A KIND DESIGNED FOR USE IN 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). NOTE I: AGRICULTURAL TRACTORS ARE DUAL-AXLE VEHICLES THAT TYPICALLY ARE DESIGNED TO PULL FARMING EQUIPMENT IN THE FIELD AND THAT MAY HAVE FRONT TIRES OF A DIFFERENT SIZE THAN THE REAR TIRES. NOTE II: COMBINE HARVESTERS ARE USED TO HARVEST CROPS SUCH AS CORN OR WHEAT. NOTE III: AGRICULTURAL SPRAYERS ARE USED TO IRRIGATE AGRICULTURAL FIELDS. NOTE IV: INDUSTRIAL TRACTORS ARE DUAL-AXLE VEHICLES THAT TYPICALLY ARE DESIGNED TO PULL INDUSTRIAL EQUIPMENT AND THAT MAY HAVE FRONT TIRES OF A DIFFERENT SIZE THAN THE REAR TIRES. NOTE V: 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. NOTE VI: SKID-STEER LOADERS ARE FOUR-WHEEL DRIVE VEHICLES 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. SKID-STEER LOADERS ARE FOUR-WHEEL DRIVE VEHICLES 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. NOTE VII: HAUL TRUCKS, WHICH MAY BE EITHER RIGID FRAME OR ARTICULATED (I.E., ABLE TO BEND IN THE MIDDLE) ARE TYPICALLY USED IN MINES, QUARRIES AND CONSTRUCTION SITES TO HAUL SOIL, AGGREGATE, MINED ORE, OR DEBRIS. NOTE VIII: FRONT LOADERS HAVE LIFT ARMS IN FRONT OF THE VEHICLE. THEY CAN SCRAPE MATERIAL FROM ONE LOCATION TO ANOTHER, CARRY MATERIAL IN THEIR BUCKETS, OR LOAD MATERIAL INTO A TRUCK OR TRAILER. NOTE IX: 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. NOTE X: 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. NOTE XI: 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. NOTE XII: I.E., "ON-SITE" MOBILE CRANES DESIGNED FOR OFF-HIGHWAY USE. NOTE XIII: A COUNTERBALANCED LIFT TRUCK IS A RIGID FRAMED, 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 COUNTERBALANCED 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. NOTE XIV: WHILE TUBE-TYPE TIRES ARE SUBJECT TO THE SCOPE OF THIS PROCEEDING, TUBES AND FLAPS ARE NOT SUBJECT MERCHANDISE AND THEREFORE ARE NOT COVERED BY THE SCOPE OF THIS PROCEEDING, REGARDLESS OF THE MANNER IN WHICH THEY ARE SOLD (E.G., SOLD WITH OR SEPARATELY FROM SUBJECT MERCHANDISE). 3. FOR FURTHER REPORTING PURPOSES THIS CASE HAS BEEN ASSIGNED INVESTIGATION NUMBER C-570-913. 4. ON APRIL 22, 2008, IN KEEPING WITH THE WORLD TRADE ORGANIZATION AGREEMENT ON SUBSIDIES AND COUNTERVAILING MEASURES, THE DEPARTMENT INSTRUCTED U.S CUSTOMS AND BORDER PROTECTION (CBP) TO DISCONTINUE SUSPENSION OF LIQUIDATION IN THIS INVESTIGATION EFFECTIVE 4/15/2008, WHICH IS 120 DAYS AFTER THE DATE OF PUBLICATION OF THE PRELIMINARY DETERMINATION (MESSAGE NUMBER 8113204, 4/22/2008). SUSPENSION OF LIQUIDATION CONTINUES FOR ALL ENTRIES MADE FROM 12/17/2007 TO 4/14/2008. 5. ON SEPTEMBER 5, 2008, THE U.S. INTERNATIONAL TRADE COMMISSION (ITC) PUBLISHED ITS FINAL AFFIRMATIVE INJURY DETERMINATION ON CERTAIN NEW PNEUMATIC OFF-THE-ROAD TIRES FROM THE PEOPLE'S REPUBIC OF CHINA. SEE 73 FR 51842. RESUMPTION OF SUSPENSION OF LIQUIDATION IN THE COUNTERVAILING DUTY CASE ON CERTAIN NEW PNEUMATIC OFF-THE-ROAD TIRES FROM THE PEOPLE'S REPUBIC OF CHINA IS REQUIRED ON THE DATE OF PUBLICATION OF THE ITC FINAL DETERMINATION. THEREFORE, FOR IMPORTS OF SUBJECT MERCHANDISE, CBP SHALL RESUME SUSPENSION OF LIQUIDATION OF SUCH SHIPMENTS ENTERED OR WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION ON OR AFTER SEPTEMBER 5, 2008. FOR SUCH ENTRIES, CBP SHALL REQUIRE A CASH DEPOSIT EQUAL TO THE SUBSIDY RATES SHOWN BELOW: PRODUCER/CBP IDAD VALOREM EXPORTERNUMBERSUBSIDY RATE ALL OTHERSC-570-913-0005.62 GUIZHOU TYRE CO. LTD.C-570-913-0012.45 TIANJIN UNITED TIRE C-570-913-0026.85 RUBBER INTERNATIONAL CO. LTD. HEBEI STARBRIGHT TIRE CO., LTD. C-570-913-00314.00 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 ADMINSTRATION, INTERNATIONAL TRADE ADMINSTRATION, U.S. DEPARTMENT OF COMMERCE, AT (202) 482-0984 OR (202) 482-3577 RESPECTIVELY. GENERATED BY 06:TP. 7. THERE ARE NO RESTRICTIONS ON THE RELEASE OF THIS INFORMATION. DAVID M. GENOVESE

Frequently asked questions

What is CSMS 8262205?

CSMS 8262205 is a U.S. Customs and Border Protection (CBP) Cargo Systems Messaging Service bulletin titled "COUNTERVAILING DUTY ORDER IN THE INVESTIGATION OF CERTAIN NEW PNEUMATIC OFF-THE-ROAD TIRES CHINA (C-570-913-000/001/002/003)". CSMS bulletins are the operational instructions CBP issues to brokers, importers, and ACE filers covering rate changes, system updates, scope guidance, and other day-to-day customs-operations changes.

When was CSMS 8262205 published?

CBP published CSMS 8262205 on September 18, 2008. The bulletin's instructions are typically operative as of the publication date unless the body specifies a different effective date.

Which AD/CVD cases does CSMS 8262205 affect?

CSMS 8262205 references 1 AD/CVD case (C-570-913). The links on this page take you to each linked order with its current scope, rates, and history.

Is the CBP CSMS the legally binding instruction?

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Trade compliance APIs in broker workflows

Where trade compliance APIs fit in a broker's filing pipeline: HTS classification, duty calculation, AD/CVD scope match, and post-summary corrections.

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Cash deposit cascade, separate rates, all-others, and PRC-wide rates. Worked example on case A-570-910 (galvanized welded steel pipe from China) with three exporter-specific rates.