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