AD/CVD message 1137302 - SCOPE RULING ON THE ANTIDUMPING DUTY ORDER ON CERTAIN NEW PNEUMATIC OFF-THE-ROAD TIRES FROM THE PEOPLE'S REPUBLIC OF CHINA (A-570-912)

1137302
May 17, 2011
Active

Effective Date: Apr 26, 2011

Category: Antidumping • Type: Scope Determination • Sub type: INSCO-In Scope • Cases: A-570-912

1. ON 04/26/2011, IN RESPONSE TO A REQUEST BY OTR WHEEL ENGINEERING, INC., THE DEPARTMENT OF COMMERCE (COMMERCE) ISSUED A FINAL SCOPE RULING THAT OTR WHEEL ENGINEERING INC.'S TRAC MASTER AND TRACTION MASTER BRAND TIRES ARE WITHIN THE SCOPE OF THE ANTIDUMPING DUTY ORDER COVERING CERTAIN NEW PNEUMATIC OFF-THE-ROAD TIRES FROM THE PEOPLE'S REPUBLIC OF CHINA (A-570-912).

2. BECAUSE OTR WHEEL ENGINEERING, INC.'S TRAC MASTER AND TRACTION MASTER BRAND TIRES ARE DESIGNED FOR SERVICE FOR AGRICULTURAL AND INDUSTRIAL APPLICATIONS, RESPECTIVELY, THESE TIRES DO NOT QUALIFY FOR THE SCOPE EXCLUSION REGARDING TIRES THAT ARE DESIGNED FOR TURF, LAWN AND GARDEN APPLICATIONS. THEREFORE, COMMERCE FOUND THESE PRODUCTS TO BE WITHIN THE SCOPE OF THE ORDER.

OTR WHEEL ENGINEERING INC.'S TRAC MASTER BRAND TIRE IS A TYPICAL FARM TRACTOR REAR WHEEL TIRE HAVING A REGULAR DEPTH “LUG-TYPE” R-1 TREAD USED FOR GENERAL FARMING, AS DEFINED BY THE TIRE AND RIM ASSOCIATION. A FARM TRACTOR TIRE OF THIS NATURE WOULD TYPICALLY HAVE A HERRINGBONE (CRISS-CROSS) TREAD DESIGN OF MEDIUM DEPTH. THE TREAD TYPES FOR REAR WHEELS OF AGRICULTURAL TRACTORS ARE VARIABLE BY THE INDUSTRY AS “LUG” OR “BAR TREAD.” THE BAR TREAD IS A LUG TREAD USUALLY RUNNING AT AN APPROXIMATE 23 DEGREE ANGLE AROUND THE TIRE'S DIRECTIONAL CIRCUMFERENCE WHICH HELPS POWER THE EQUIPMENT THROUGH THE SOIL.

OTR WHEEL ENGINEERING INC.'S TRACTION MASTER BRAND TIRE IS AN R-4 HERRINGBONE-TYPE LUG TREAD TIRE WITH AN INTERMEDIATE TREAD DEPTH AS DEFINED BY THE TIRE AND RIM ASSOCIATION. TIRES OF THIS TYPE ARE COMMONLY FOUND ON THE REAR WHEELS OF BACKHOE LOADERS WHICH, FOR EXAMPLE, MAY BE USED IN A STATIONARY, BRACED POSITION TO DIG HOLES AND TRENCHES WITH THE BACKHOE, OR, FOR EXAMPLE, TO TIE INTO AN UNDERGROUND WATER MAIN OR POWER SUPPLY IN LIGHT CONSTRUCTION AREAS. THE TIRE AND RIM ASSOCIATION RECOMMENDS THIS TYPE OF TIRE FOR LIGHT INDUSTRIAL SERVICE AND HIGHWAY MOWING.

3. CONTINUE TO SUSPEND LIQUIDATION OF ENTRIES OF CERTAIN NEW PNEUMATIC OFF-THE-ROAD TIRES FROM THE PEOPLE'S REPUBLIC OF CHINA, INCLUDING OTR WHEEL ENGINEERING INC.'S TRAC MASTER AND TRACTION MASTER BRAND TIRES LISTED ABOVE, SUBJECT TO THE ANTIDUMPING DUTY ORDER COVERING CERTAIN NEW PNEUMATIC OFF-THE-ROAD TIRES FROM THE PEOPLE'S REPUBLIC OF CHINA.

4. IF THERE ARE ANY QUESTIONS REGARDING THIS MATTER BY U.S. CUSTOMS AND BORDER PROTECTION OFFICERS, THE IMPORTING PUBLIC OR INTERESTED PARTIES, PLEASE CONTACT DAVINA HASHMI OR RON TRENTHAM AT THE 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 O6:GC).

5. THERE ARE NO RESTRICTIONS ON THE RELEASE OF THIS INFORMATION.

MICHAEL B. WALSH