ANTIDUMPING DUTY ORDER IN THE INVESTIGATION OF CERTAIN NEW PNEUMATIC OFF-THE-ROAD TIRES FROM CHINA (A-570-912)

MESSAGE NO: 8330207 DATE: 11 25 2008 CATEGORY: ADA TYPE: ORD REFERENCE: 8210205 REFERENCE DATE: 07 28 2008 CASES: A - 570 - 912 - - - - - - - - - - PERIOD COVERED: 07 15 2008 TO LIQ SUSPENSION DATE: TO: DIRECTORS OF FIELD OPERATIONS PORT DIRECTORS FROM: DIRECTOR, SPECIAL ENFORCEMENT RE: ANTIDUMPING DUTY ORDER IN THE INVESTIGATION OF CERTAIN NEW PNEUMATIC OFF-THE-ROAD TIRES FROM CHINA (A-570-912) 1. ON SEPTEMBER 4, 2008, THE DEPARTMENT OF COMMERCE PUBLISHED IN THE FEDERAL REGISTER ITS ANTIDUMPING DUTY ORDER AND AMENDED FINAL DETERMINATION IN THE INVESTIGATION OF CERTAIN NEW PNEUMATIC OFF-THE-ROAD TIRES FROM THE PEOPLE'S REPUBLIC OF CHINA. THIS IS AN AMENDMENT OF MESSAGE 8210205 ON JULY 28, 2008. 2. SCOPE LANGUAGE: 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, (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, (SEE FOOTNOTE 12) 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 13) 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 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 ORDER RANGE IN SIZE (RIM DIAMETER) GENERALLY BUT NOT EXCLUSIVELY FROM 8 INCHES TO 54 INCHES. THE TIRES MAY BE EITHER TUBE-TYPE (SEE FOOTNOTE 14) 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) 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. (2) COMBINE HARVESTERS ARE USED TO HARVEST CROPS SUCH AS CORN OR WHEAT. (3) AGRICULTURAL SPRAYERS ARE USED TO IRRIGATE AGRICULTURAL FIELDS. (4) 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. (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) 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. (7) 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. (8) 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. (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) I.E., "N-SITE" MOBILE CRANES DESIGNED FOR OFF-HIGHWAY USE. (13) 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. (14) 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). 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: 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). 3. FOR FURTHER REPORTING PURPOSES THIS CASE HAS BEEN ASSIGNED INVESTIGATION NUMBER A-570-912. 4. THE U.S. INTERNATIONAL TRADE COMMISSION DETERMINED THAT CRITICAL CIRCUMSTANCES DO NOT EXIST WITH RESPECT TO SUBJECT IMPORTS FROM THE PEOPLE'S REPUBLIC OF CHINA. AS A RESULT OF THE COMMISSION'S NEGATIVE CRITICAL CIRCUMSTANCES DETERMINATION, CUSTOMS AND BORDER PROTECTION WILL REFUND ALL CASH DEPOSITS AND RELEASE ALL BONDS COLLECTED ON CERTAIN NEW PNEUMATIC OFF-THE-ROAD TIRES FROM THE PRC ENTERED OR WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION ON OR AFTER NOVEMBER 22, 2007, AND BEFORE JULY 15, 2008. INTEREST PROVISIONS OF SECTION 778 OF THE TARIFF ACT OF 1930 DO NOT APPLY. 5. FOR IMPORTS OF CERTAIN NEW PNEUMATIC OFF-THE-ROAD TIRES FROM THE PEOPLE'S REPUBLIC OF CHINA, CUSTOMS AND BORDER PROTECTION SHALL SUSPEND LIQUIDATION OF SUCH SHIPMENTS ENTERED OR WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION ON OR AFTER JULY 15, 2008. EFFECTIVE JULY 15, 2008 CBP SHALL REQUIRE A CASH DEPOSIT EQUAL TO THE MARGINS SHOWN BELOW: EXPORTER MANUFACTURER CUSTOMS ID NUMBER MARGIN GUIZHOU TYRE CO., LTD. GUIZHOU ADVANCE RUBBER A-570-912-001 5.25 GUIZHOU TYRE CO., LTD. GUIZHOU TYRE CO., LTD. A-570-912-002 5.25 HEBEI STARBRIGHT CO., LTD./GPX INTERNATIONAL CO., LTD. HEBEI STARBRIGHT CO., LTD. A-570-912-003 29.93 TIANJIN UNITED TIRE & RUBBER INTERNATIONAL CO., LTD. ("TUTRIC") TIANJIN UNITED TIRE & RUBBER INTERNATIONAL CO., LTD. ("TUTRIC") A-570-912-004 8.44 XUZHOU XUGONG TYRES CO., LTD. XUZHOU XUGONG TYRES CO., LTD. A-570-912-005 0.00 AEOLUS TYRE CO., LTD. AEOLUS TYRE CO., LTD. A-570-912-006 12.91 DOUBLE COIN HOLDINGS LTD. DOUBLE COIN HOLDINGS LTD. A-570-912-007 12.91 DOUBLE COIN HOLDINGS LTD. DOUBLE COIN GROUP RUGAO TYRE CO., LTD. A-570-912-008 12.91 DOUBLE COIN HOLDINGS LTD. DOUBLE COIN GROUP SHANGHAI DONGHAI TYRE CO., LTD. A-570-912-009 12.91 DOUBLE HAPPINESS TYRE INDUSTRIES CORP., LTD. DOUBLE HAPPINESS TYRE INDUSTRIES CORP., LTD. A-570-912-010 12.91 JIANGSU FEICHI CO., LTD. JIANGSU FEICHI CO., LTD. A-570-912-011 12.91 KENDA RUBBER (CHINA) CO., LTD./KENDA GLOBAL HOLDING CO., LTD. (CAYMAN ISLANDS) KENDA RUBBER (CHINA) CO., LTD. A-570-912-049 12.91 KS HOLDING LIMITED ORIENTAL TYRE TECHNOLOGY LTD. A-570-912-012 12.91 KS HOLDING LIMITED SHANDONG TAISHAN TYRE CO., LTD. A-570-912-013 12.91 KS HOLDING LIMITED XU ZHOU XUGONG TYRES CO., LTD. A-570-912-014 12.91 LAIZHOU XIONGYING RUBBER INDUSTRY CO., LTD. LAIZHOU XIONGYING RUBBER INDUSTRY CO., LTD. A-570-912-015 12.91 ORIENTAL TYRE TECHNOLOGY LIMITED MIDLAND OFF THE ROAD TIRE CO., LTD. A-570-912-016 12.91 ORIENTAL TYRE TECHNOLOGY LIMITED MIDLAND SPECIALTY TIRE CO., LTD. A-570-912-017 12.91 ORIENTAL TYRE TECHNOLOGY LIMITED XUZHOU HANBANG TYRES CO., LTD. A-570-912-018 12.91 QINGDAO AONUO TYRE CO., LTD. QINGDAO AONUO TYRE CO., LTD. A-570-912-050 12.91 QINGDAO ETYRE INTERNATIONAL TRADE CO., LTD. SHANDONG XINGDA TYRE CO. LTD. A-570-912-019 12.91 QINGDAO ETYRE INTERNATIONAL TRADE CO., LTD. SHANDONG XINGYUAN INTERNATIONAL TRADE CO. LTD. A-570-912-020 12.91 QINGDAO ETYRE INTERNATIONAL TRADE CO., LTD. SHANDONG XINGYUAN RUBBER CO. LTD. A-570-912-021 12.91 QINGDAO FREE TRADE ZONE FULL-WORLD INTERNATIONAL TRADING CO., LTD. QINGDAO EASTERN INDUSTRIAL GROUP CO., LTD. A-570-912-022 12.91 QINGDAO FREE TRADE ZONE FULL-WORLD INTERNATIONAL TRADING CO., LTD. QINGDAO QIHANG TYRE CO., LTD. A-570-912-023 12.91 QINGDAO FREE TRADE ZONE FULL-WORLD INTERNATIONAL TRADING CO., LTD. QINGDAO SHUANGHE TYRE CO., LTD. A-570-912-024 12.91 QINGDAO FREE TRADE ZONE FULL-WORLD INTERNATIONAL TRADING CO., LTD. QINGDAO YELLOWSEA TYRE FACTORY A-570-912-025 12.91 QINGDAO FREE TRADE ZONE FULL-WORLD INTERNATIONAL TRADING CO., LTD. SHANDONG ZHENTAI TYRE CO., LTD. A-570-912-026 12.91 QINGDAO HENGDA TYRES CO., LTD. QINGDAO HENGDA TYRES CO., LTD. A-570-912-027 12.91 QINGDAO MILESTONE TYRE CO., LTD. QINGDAO SHUANGHE TYRE CO., LTD. A-570-912-028 12.91 QINGDAO MILESTONE TYRE CO., LTD. SHANDONG ZHENTAI TYRE CO., LTD. A-570-912-029 12.91 QINGDAO MILESTONE TYRE CO., LTD. SHIFENG DOUBLE-STAR TIRE CO., LTD. A-570-912-030 12.91 QINGDAO MILESTONE TYRE CO., LTD. WEIFANG LONGTAI TYRE CO., LTD. A-570-912-031 12.91 QINGDAO QIHANG TYRE CO., LTD. QINGDAO QIHANG TYRE CO., LTD. A-570-912-032 12.91 QINGDAO QIZHOU RUBBER CO., LTD. QINGDAO QIZHOU RUBBER CO., LTD. A-570-912-033 12.91 QINGDAO SINORIENT INTERNATIONAL LTD. QINGDAO HENGDA TYRES CO., LTD. A-570-912-034 12.91 QINGDAO SINORIENT INTERNATIONAL LTD. SHIFENG DOUBLE-STAR TIRE CO., LTD. A-570-912-035 12.91 QINGDAO SINORIENT INTERNATIONAL LTD. TENGZHOU BRONCHO TYRE CO., LTD A-570-912-036 12.91 SHANDONG HUITONG TYRE CO., LTD. SHANDONG HUITONG TYRE CO., LTD. A-570-912-037 12.91 SHANDONG JINYU TYRE CO., LTD. SHANDONG JINYU TYRE CO., LTD. A-570-912-038 12.91 SHANDONG TAISHAN TYRE CO., LTD SHANDONG TAISHAN TYRE CO., LTD A-570-912-039 12.91 SHANDONG WANDA BOTO TYRE CO., LTD. SHANDONG WANDA BOTO TYRE CO., LTD. A-570-912-040 12.91 SHANDONG XINGYUAN INTERNATIONAL TRADING CO., LTD. SHANGDONG XINGDA TYRE CO., LTD. A-570-912-041 12.91 SHANDONG XINGYUAN INTERNATIONAL TRADING CO., LTD. XINGYUAN TYRE GROUP CO., LTD. A-570-912-042 12.91 TECHKING TIRES LIMITED SHANDONG XINGDA TYRE CO. LTD. A-570-912-043 12.91 TECHKING TIRES LIMITED SHANDONG XINGYUAN INTERNATIONAL TRADE CO. LTD. A-570-912-044 12.91 TECHKING TIRES LIMITED SHANDONG XINGYUAN RUBBER CO. LTD. A-570-912-045 12.91 TRIANGLE TYRE CO., LTD. TRIANGLE TYRE CO., LTD. A-570-912-046 12.91 WENDENG SANFENG TYRE CO., LTD. WENDENG SANFENG TYRE CO., LTD. A-570-912-047 12.91 ZHAOYUAN LEO RUBBER CO., LTD. ZHAOYUAN LEO RUBBER CO., LTD. A-570-912-048 12.91 PRC-ENTITY A-570-912-000 210.48% 6. THE DEPARTMENT OF COMMERCE FOUND THAT NO FINAL MARGIN EXISTS WITH RESPECT TO XUZHOU XUGONG TYRES CO., LTD. A-570-912-005. ACCORDINGLY, CBP IS DIRECTED TO TERMINATE THE SUSPENSION OF LIQUIDATION FOR SHIPMENTS OF CERTAIN NEW PNEUMATIC OFF-THE-ROAD TIRES ENTERED, OR WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION, PRODUCED AND EXPORTED BY XUZHOU XUGONG TYRES CO., LTD ON OR AFTER FEBRUARY 20, 2008, AND TO RELEASE ANY BOND OR OTHER SECURITY, AND REFUND ANY CASH DEPOSIT TO XUZHOU XUGONG TYRES CO., LTD. INTEREST PROVISIONS OF SECTION 778 OF THE TARIFF ACT OF 1930 DO NOT APPLY. 7. 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:LA). 8. THERE ARE NO RESTRICTIONS ON THE RELEASE OF THIS INFORMATION. DAVID M. GENOVESE