MESSAGE NO: 8010203 DATE: 1/10/2008

CATEGORY: CVD TYPE: PRE

REFERENCE: REFERENCE DATE:

CASES: C-570-913

PERIOD COVERED: 12/17/2007

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