On October 17, 2023, the United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, AFL-CIO, CLC (“USW”) (collectively “Petitioners”) filed a petition for the imposition of antidumping duties on truck and bus tires from Thailand.
SCOPE OF THE INVESTIGATION
The scope of the investigation covers truck and bus tires. Truck and bus tires are new pneumatic tires, of rubber, with a truck or bus size designation. Truck and bus tires covered by the scope may be tube-type, tubeless, radial, or non-radial.
Subject tires have, at the time of importation, the symbol “DOT” on the sidewall, certifying that the tire conforms to applicable motor vehicle safety standards. Subject tires may also have one of the following suffixes in their tire size designation, which also appear on the sidewall of the tire:
TR—Identifies tires for service on trucks or buses to differentiate them from similarly sized passenger car and light truck tires; and
HC—Identifies a 17.5 inch rim diameter code for use on low platform trailers.
All tires with a “TR” or “HC” suffix in their size designations are covered by the scope regardless of their intended use.
In addition, all tires that lack one of the above suffix markings, as well as all tires that include any other prefix or suffix in their sidewall markings, are included in the scope, regardless of their intended use, as long as the tire is of a size that fits trucks or buses. Sizes that fit trucks and buses include, but are not limited to, the numerical size designations listed in the “Truck- Bus” section of the Tire and Rim Association Year Book, as updated annually. The scope includes all tires that are of a size that fits trucks or buses, unless the tire falls within one of the specific exclusions set out below.
Truck and bus tires, whether or not mounted on wheels or rims, are included in the scope.
However, if a subject tire is imported mounted on a wheel or rim, only the tire is covered by the scope. Subject merchandise includes truck and bus tires produced in the subject country whether mounted on wheels or rims in the subject country or in a third country. Truck and bus tires are covered whether or not they are accompanied by other parts, e.g., a wheel, rim, axle parts, bolts, nuts, etc. Truck and bus tires that enter attached to a vehicle are not covered by the scope.
Specifically excluded from the scope are the following types of tires: (1) Pneumatic tires, of rubber, that are not new, including recycled and retreaded tires; (2) non-pneumatic tires, such as solid rubber tires; and (3) tires that exhibit each of the following physical characteristics: (a) The designation “MH” is molded into the tire’s sidewall as part of the size designation; (b) the tire incorporates a warning, prominently molded on the sidewall, that the tire is for “Mobile Home Use Only;” and (c) the tire is of bias construction as evidenced by the fact that the construction code included in the size designation molded into the tire’s sidewall is not the letter “R.”
The subject merchandise is currently classifiable under Harmonized Tariff Schedule of the United States (“HTSUS”) subheadings: 4011.20.1015 and 4011.20.5020. Tires meeting the scope description may also enter under the following HTSUS subheadings: 4011.90.10, 4011.90.20, 4011.90.80, 8708.70.45, 8708.70.60, and 8716.90.5059.
While HTSUS subheadings are provided for convenience and for customs purposes, the written description of the subject merchandise is dispositive.
PETITIONERS
United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, AFL-CIO, CLC
COUNSEL FOR PETITIONERS
SCHAGRIN ASSOCIATES
900 Seventh Street NW, Suite 500
Washington, D.C. 20001
(202) 223-1700
NAMED PRODUCERS/EXPORTERS
For a list of foreign producers/exporters alleged by Petitioners, please see Attachment I.
NAMED IMPORTERS
For a list of importers alleged by the Petitioner, please see Attachment II.
ESTIMATED SCHEDULE
| Event | Earliest Date |
| Petition Filed | October 17, 2023 |
| DOC Initiation | November 6, 2023 |
| ITC Preliminary Investigation: | |
| Questionnaires Due | October 31, 2023 |
| Request to appear at hearing | November 5, 2023 |
| Hearing | November 7, 2023 |
| Briefs | November 12, 2023 |
| ITC Vote | December 1, 2023 |
| DOC Investigation Schedule: | |
| DOC Preliminary Antidumping Determination | March 25, 2024 |
| DOC Final Antidumping Determination | June 8, 2024 |
| ITC Final Investigation: | |
| ITC Final AD Determination | July 23, 2024 |
ALLEGED DUMPING MARGINS
Thailand: 47.81%
ALLEGED COUNTERVAILING DUTY MARGINS
Above de minimis
ALLEGED SUBSIDIES
Not applicable
IMPORTS OF SUBJECT MERCHANDISE
| 2020 | 2021 | 2022 | |
| Quantity(Number of Tires – Thousands) | 4,782 | 7,212 | 10,186 |
| Value (U.S. $ Million) | $692 | $1,131 | $1,779 |
CONTACT US
For more information concerning this petition and how it may affect your business, please contact Jeffrey Neeley, Nithya Nagarajan, Stephen Brophy, or Dan Wilson.