MESSAGE NO: 8010203 DATE: 01 10 2008
CATEGORY: CVD TYPE: PRE
REFERENCE: REFERENCE DATE:
CASES: C - 570 - 913 - -
- - - -
- - - -

PERIOD COVERED: 12 17 2007 TO

LIQ SUSPENSION DATE:

TO: DIRECTORS OF FIELD OPERATIONS
PORT DIRECTORS

FROM: DIRECTOR, SPECIAL ENFORCEMENT

RE: NOTICE OF PRELIMINARY AFFIRMATIVE COUNTERVAILING DUTY
DETERMINATION ON CERTAIN NEW PNEUMATIC OFF-THE-ROAD
TIRES FROM CHINA (C-570-913-000/001/002/003)

1. ON 12/17/2007, THE DEPARTMENT OF COMMERCE PUBLISHED IN THE
FEDERAL REGISTER ITS PRELIMINARY AFFIRMATIVE DETERMINATION IN
THE COUNTERVAILING DUTY INVESTIGATION OF CERTAIN NEW PNEUMATIC
OFF-THE-ROAD TIRES FROM THE PEOPLE'S REPUBLIC OF CHINA (72 FR
71360).

2. THE PRODUCTS COVERED BY THE SCOPE 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
ARTICULATED 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,
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 XII).

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.

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 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).

NOTE I: AGRICULTURAL TRACTORS ARE FOUR-WHEELED VEHICLES USUALLY
WITH LARGE REAR TIRES AND SMALL FRONT TIRES THAT ARE USED TO TOW
FARMING EQUIPMENT.

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 FOUR-WHEELED VEHICLES USUALLY
WITH LARGE REAR TIRES AND SMALL FRONT TIRES THAT ARE USED TO TOW
INDUSTRIAL EQUIPMENT.

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.

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.
IT CAN SCRAPE MATERIAL FROM ONE LOCATION TO ANOTHER, CARRY
MATERIAL IN ITS BUCKET 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: 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
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.

3. FOR FURTHER REPORTING PURPOSES THIS CASE HAS BEEN ASSIGNED
INVESTIGATION NUMBER C-570-913.

4. FOR IMPORTS OF CERTAIN NEW PNEUMATIC OFF-THE-ROAD TIRES FROM
THE PEOPLE'S REPUBLIC OF CHINA, CBP SHALL SUSPEND LIQUIDATIONS
OF SUCH SHIPMENT ENTERED, OR WITHDRAWN FROM WAREHOUSE, FOR

CONSUMPTION ON OR AFTER 12/17/2007. EFFECTIVE 12/17/2007,
CUSTOMS SHALL REQUIRE, FOR SUCH ENTRIES, A CASH DEPOSIT OR THE
POSTING OF A BOND EQUAL TO THE SUBSIDY RATES SHOWN BELOW:

MFR/PRODUCER CUSTOMS ID
PERCENTAGE/SUBSIDY
RATE

GUIZHOU TYRE CO., LTD C-570-913-001 3.13

TIANJIN UNITED TIRE & RUBBER C-570-913-002 6.59
INTERNATIONAL CO., LTD

HEBEI STARBRIGHT TIRE CO., LTD C-570-913-003 2.38

ALL-OTHERS C-570-913-000 4.44

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 O6: JJZ).

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

DAVID M GENOVESE