44122 Federal Register / Vol. 72, No. 151 / Tuesday, August 7, 2007 / Notices 

rebuttal briefs in this proceeding are 

requested to submit with each 

argument: (1) a statement of the issue; 

(2) a brief summary of the argument 

with an electronic version included; and 

(3) a table of statutes, regulations, and 

cases cited. See 19 CFR 351.309(c)(2). 

The Department will issue the final 

results of this administrative review, 

including the results of its analysis of 

issues raised in any such written briefs 

or hearing, within 120 days of 

publication of these preliminary results. 

Assessment Rates 

Upon completion of the 

administrative review, the Department 

shall determine, and CBP shall assess, 

antidumping duties on all appropriate 

entries. Pursuant to 19 CFR 

351.212(b)(1), for all sales made by 

respondents for which they have 

reported the importer of record and the 

entered value of the U.S. sales, we have 

calculated importer–specific assessment 

rates based on the ratio of the total 

amount of antidumping duties 

calculated for the examined sales to the 

total entered value of those sales. Where 

the respondents did not report the 

entered value for U.S. sales, we have 

calculated importer–specific assessment 

rates for the merchandise in question by 

aggregating the dumping margins 

calculated for all U.S. sales to each 

importer and dividing this amount by 

the total quantity of those sales. To 

determine whether the duty assessment 

rates were de minimis, in accordance 

with the requirement set forth in 19 CFR 

351.106(c)(2), we calculated importer–

specific ad valorem rates based on the 

estimated entered value. Where the 

assessment rate is above de minimis, we 

will instruct CBP to assess duties on all 

entries of subject merchandise by that 

importer. Pursuant to 19 CFR 

351.106(c)(2), we will instruct CBP to 

liquidate without regard to antidumping 

duties any entries for which the 

assessment rate is de minimis (i.e., less 

than 0.50 percent). The Department will 

issue appraisement instructions directly 

to CBP. 

The Department clarified its 

‘‘automatic assessment’’ regulation on 

May 6, 2003. See Antidumping and 

Countervailing Duty Proceedings: 

Assessment of Antidumping Duties, 68 

FR 23954 (May 6, 2003). This 

clarification will apply to entries of 

subject merchandise during the POR 

produced by the respondent for which 

it did not know its merchandise was 

destined for the United States. In such 

instances, we will instruct CBP to 

liquidate unreviewed entries at the all–

others rate if there is no rate for the 

intermediate company(ies) involved in 

the transaction. For a full discussion of 

this clarification, see Antidumping and 

Countervailing Duty Proceedings: 

Assessment of Antidumping Duties, 68 

FR 23954 (May 6, 2003). 

Cash Deposit Requirements 

On July 20, 2007, the Department 

published a Federal Register notice 

that, inter alia, revoked this order, 

effective July 9, 2007. See IQF Red 

Raspberries from Chile: Final Results of 

Sunset Review and Revocation of Order, 

72 FR 39793 (July 20, 2007). Therefore, 

there will be no need to issue new cash 

deposit instructions pursuant to the 

final results of this administrative 

review. 

Notification to Importers 

This notice also serves as a 

preliminary reminder to importers of 

their responsibility under 19 CFR 

351.402(f)(2) to file a certificate 

regarding the reimbursement of 

antidumping duties prior to liquidation 

of the relevant entries during this 

review period. Failure to comply with 

this requirement could result in the 

Secretary’s presumption that 

reimbursement of antidumping duties 

occurred and the subsequent assessment 

of double antidumping duties. 

We are issuing and publishing these 

results in accordance with sections 

751(a)(1) and 777(i)(1) of the Act. 

Dated: July 31, 2007. 

Stephen J. Claeys, 

Acting Assistant Secretary for Import 

Administration. 

[FR Doc. E7–15327 Filed 8–6–07; 8:45 am] 

BILLING CODE 3510–DS–S 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[C–570–913] 

Certain New Pneumatic Off-the-Road 

Tires From the People’s Republic of 

China: Initiation of Countervailing Duty 

Investigation 

AGENCY: Import Administration, 

International Trade Administration, 

Department of Commerce 

EFFECTIVE DATES: August 7, 2007. 

FOR FURTHER INFORMATION CONTACT: 

Mark Hoadley or Toni Page, AD/CVD 

Operations, Office 6, Import 

Administration, International Trade 

Administration, U.S. Department of 

Commerce, 14th Street and Constitution 

Avenue, NW., Washington, DC 20230; 

telephone: (202) 482–3148 and (202) 

482–1398, respectively. 

Initiation of Investigation 

The Petition 

On June 18, 2007, the Department of 

Commerce (the Department) received a 

petition filed in proper form by Titan 

Tire Corporation and United Steel, 

Paper and Forestry, Rubber, 

Manufacturing, Energy Allied Industrial 

and Service Workers International 

Union, ALF–CIO–CLC (petitioners). On 

June 22, 2007 and July 3, 2007, the 

Department issued requests for 

additional information and clarification 

of certain areas of the petition involving 

general issues concerning the 

countervailing duty (CVD) allegations. 

Based on the Department’s requests, the 

petitioners filed additional information 

concerning the petition on June 27, 2007 

and July 5, 2007. 

In accordance with section 702(b)(1) 

of the Tariff Act of 1930, as amended 

(the Act), petitioners allege that 

manufacturers, producers, or exporters 

of certain new pneumatic off-the-road 

tires (OTR tires) in the People’s 

Republic of China (the PRC) received 

countervailable subsidies within the 

meaning of section 701 of the Act and 

that such imports are materially injuring 

an industry in the United States. 

The Department finds that petitioners 

filed this petition on behalf of the 

domestic industry because they are 

interested parties as defined in sections 

771(9)(C) and (D) of the Act and 

petitioners have demonstrated sufficient 

industry support with respect to the 

countervailing duty investigation that 

they are requesting the Department to 

initiate (see, infra, ‘‘Determination of 

Industry Support for the Petition’’). 

Scope of Investigation 

The merchandise covered by this 

investigation is certain new pneumatic 

off-the-road tires from the PRC. See 

Attachment to this notice for a complete 

description of the merchandise covered 

by this investigation. 

Comments on Scope of Investigation 

During our review of the petition, we 

discussed the scope with petitioners to 

ensure that it is an accurate reflection of 

the products for which the domestic 

industry is seeking relief. Moreover, as 

discussed in the preamble to the 

regulations (Antidumping Duties: 

Countervailing Duties: Final Rule, 62 FR 

27296, 27323 (May 19, 1997)), we are 

setting aside a period for interested 

parties to raise issues regarding product 

coverage. The Department encourages 

all interested parties to submit such 

comments within 20 calendar days of 

the publication of this notice. 

Comments should be addressed to 


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Import Administration’s Central 

Records Unit (CRU), Room 1870, U.S. 

Department of Commerce, 14th Street 

and Constitution Avenue, NW., 

Washington, DC 20230. The period of 

scope is intended to provide the 

Department with ample opportunity to 

consider all comments and to consult 

with parties prior to the issuance of the 

preliminary determination. 

Consultations 

Pursuant to section 702(b)(4)(A)(ii) of 

the Act, the Department invited 

representatives of the Government of the 

People’s Republic of China (hereinafter, 

the GOC) for consultations with respect 

to the countervailing duty petition. The 

Department held these consultations in 

Beijing, China with representatives of 

the GOC on July 16, 2007. See the 

Memorandum to The File, entitled, 

‘‘Consultations with Officials from the 

Government of the People’s Republic of 

China’’ (July 16, 2007) (public document 

on file in the CRU of the Department of 

Commerce, Room B–099). 

Determination of Industry Support for 

the Petition 

Section 702(b)(1) of the Act requires 

that a petition be filed on behalf of the 

domestic industry. Section 702(c)(4)(A) 

of the Act provides that a petition meets 

this requirement if the domestic 

producers or workers who support the 

petition account for: (i) At least 25 

percent of the total production of the 

domestic like product; and (ii) more 

than 50 percent of the production of the 

domestic like product produced by that 

portion of the industry expressing 

support for, or opposition to, the 

petition. Moreover, section 702(c)(4)(D) 

of the Act provides that, if the petition 

does not establish support of domestic 

producers or workers accounting for 

more than 50 percent of the total 

production of the domestic like product, 

the Department shall: (i) Poll the 

industry or rely on other information in 

order to determine if there is support for 

the petition, as required by 

subparagraph (A), or (ii) determine 

industry support using a statistically 

valid sampling method. 

Section 771(4)(A) of the Act defines 

the ‘‘industry’’ as the producers as a 

whole of a domestic like product. Thus, 

to determine whether a petition has the 

requisite industry support, the statute 

directs the Department to look to 

producers and workers who produce the 

domestic like product. The International 

Trade Commission (ITC), which is 

responsible for determining whether 

‘‘the domestic industry’’ has been 

injured, must also determine what 

constitutes a domestic like product in 

order to define the industry. While both 

the Department and the ITC must apply 

the same statutory definition regarding 

the domestic like product (section 

771(10) of the Act), they do so for 

different purposes and pursuant to a 

separate and distinct authority. In 

addition, the Department’s 

determination is subject to limitations of 

time and information. Although this 

may result in different definitions of the 

like product, such differences do not 

render the decision of either agency 

contrary to law. See USEC., Inc. v. 

United States, 132 F. Supp. 2d 1, 8 (CIT 

2001), citing Algoma Steel Corp. Ltd. v. 

United States, 688 F. Supp. 639, 644 

(1988), aff’d 865 F.2d 240 (Fed. Cir. 

1989), cert. denied 492 U.S. 919 (1989). 

Section 771(10) of the Act defines the 

domestic like product as ‘‘a product 

which is like, or in the absence of like, 

most similar in characteristics and uses 

with, the article subject to an 

investigation under this subtitle.’’ Thus, 

the reference point from which the 

domestic like product analysis begins is 

‘‘the article subject to an investigation,’’

(i.e., the class or kind of merchandise to 

be investigated, which normally will be 

the scope as defined in the petition). 

With regard to the domestic like 

product, the petitioners do not offer a 

definition of domestic like product 

distinct from the scope of the 

investigation. Based on our analysis of 

the information submitted on the 

record, we have determined that certain 

OTR tires constitute a single domestic 

like product and we have analyzed 

industry support in terms of that 

domestic like product. For a discussion 

of the domestic like product analysis in 

this case, see the Countervailing Duty 

Investigation Initiation Checklist: 

Certain New Pneumatic Off-The-Road 

Tires from the People’s Republic of 

China (PRC) (OTR Tires CVD Initiation 

Checklist), Industry Support at 

Attachment II, on file in the Central 

Records Unit (CRU), Room B–099 of the 

main Department of Commerce 

building. 

On July 6, 2007, the Department 

extended the initiation deadline by 20 

days to poll the domestic industry in 

accordance with section 702(c)(4)D) of 

the Act, because it was ‘‘not clear from 

the petitions whether the industry 

support criteria have been met * * *’’

See Extension of the Deadline for 

Determining the Adequacy of the 

Antidumping Duty and Countervailing 

Duty Petitions: New Pneumatic Off-theRoad Tires from the People’s Republic 

of China, 72 FR 38816 (July 16, 2007). 

On July 16, 2007, we issued polling 

questionnaires to all known domestic 

producers of certain OTR tires identified 

in the petition and by the Department’s 

research. The questionnaires are on file 

in the CRU. For a detailed discussion of 

the responses received, see OTR Tires 

CVD Initiation Checklist at Attachment 

II. 

Based on an analysis of the data 

collected, we determine that the 

petitioners have demonstrated industry 

support representing over 50 percent of 

the total production of the domestic like 

product. Therefore, the domestic 

producers or workers who support the 

petition account for at least 25 percent 

of the total production of the domestic 

like product, and the requirements of 

section 702(c)(4)(A)(i) of the Act are 

met. Furthermore, given that the 

petitioners represent more than 50 

percent of the total production of the 

domestic like product, the requirements 

of section 702(c)(4)(A)(ii) of the Act are 

also met. Accordingly, we determine 

that this petition is filed on behalf of the 

domestic industry within the meaning 

of section 702(b)(1) of the Act. See OTR 

Tires CVD Initiation Checklist at 

Attachment II. 

The Department finds that the 

petitioners filed the petition on behalf of 

the domestic industry because they are 

interested parties as defined in sections 

771(9)(C) and (D) of the Act and they 

have demonstrated sufficient industry 

support with respect to the 

countervailing duty investigation that 

they are requesting the Department 

initiate. See OTR Tires CVD Initiation 

Checklist at Attachment II. 

Injury Test 

Because the PRC is a ‘‘Subsidies 

Agreement Country’’ within the 

meaning of section 701(b) of the Act, 

section 701(a)(2) of the Act applies to 

this investigation. Accordingly, the ITC 

must determine whether imports of the 

subject merchandise from the PRC 

materially injure, or threaten material 

injury to, a U.S. industry. 

Allegations and Evidence of Material 

Iniury and Causation 

Petitioners allege that the U.S. 

industry producing the domestic like 

product is being materially injured by 

reason of the imports of the subject 

merchandise sold at less than NV. 

Petitioners contend that the industry’s 

injured condition is illustrated by the 

reduced market share, lost sales, 

reduced production and capacity 

utilization rate, reduced shipments, 

underselling and price depressing and 

suppressing effects, lost revenue and 

sales, reduced employment, decline in 

financial performance, decrease in 

capital expenditure, and increase in 

import penetration. We have assessed 


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the allegations and supporting evidence 

regarding material injury and causation, 

and we have determined that these 

allegations are properly supported by 

adequate evidence and meet the 

statutory requirements for initiation. See 

OTR Tires CVD Initiation Checklist at 

Attachment III. 

Subsidy Allegations 

Section 702(b) of the Act requires the 

Department to initiate a countervailing 

duty proceeding whenever an interested 

party files a petition on behalf of an 

industry that (1) alleges the elements 

necessary for an imposition of a duty 

under section 701(a) of the Act and (2) 

is accompanied by information 

reasonably available to petitioners 

supporting the allegations. The 

Department has examined the 

countervailing duty petition on OTR 

tires from the PRC and found that it 

complies with the requirements of 

section 702(b) of the Act. Therefore, in 

accordance with section 702(b) of the 

Act, we are initiating a countervailing 

duty investigation to determine whether 

manufacturers, producers, or exporters 

of OTR tires in the PRC receive 

countervailable subsidies. For a 

discussion of evidence supporting our 

initiation determination, see OTR Tires 

CVD Initiation Checklist. 

We are including in our investigation 

the following programs alleged in the 

petition to have provided 

countervailable subsidies to producers 

and exporters of the subject 

merchandise: 

GOC Loan Programs 

1. Discounted Loans for Export-Oriented 

Enterprises 

2. Loan Forgiveness for State Owned 

Enterprises (SOEs) 

3. Preferential Lending to SOEs 

GOC Currency Program 

4. Foreign Currency Retention Scheme 

GOC Grant Programs 

5. Grants to the Tire Industry for 

Electricity 

6. The State Key Technologies 

Renovation Project Fund 

GOC Provision of Goods or Services for 

Less Than Adequate Remuneration 

7. Provision of Land and Utilities to 

SOEs for Less than Adequate 

Remuneration 

8. Provision of Land and Utilities to 

Foreign Invested Enterprises (FIEs) for 

Less than Adequate Remuneration 

GOC Income Tax Programs 

9. Preferential Tax Policies for 

Enterprises with Foreign Investment 

(Two Free, Three Half Income 

Program) 

10. Preferential Tax Policies for ExportOriented FIEs 

11. Corporate Income Tax Refund 

Program for Reinvestment of FIE 

Profits in Export-Oriented Enterprises 

12. Tax Benefits for FIEs in Encouraged 

Industries that Purchase Domestic 

Origin Machinery 

13. Tax Subsidies to FIEs Based in 

Specially Designated Geographic 

Areas 

GOC Indirect Tax Programs and Import 

Tariff Programs 

14. Value Added Tax (VAT) Rebate for 

FIE Purchases of Domestically 

Produced Equipment 

15. VAT and Tariff Exemptions for FIEs 

and Certain Domestic Enterprises 

Using Imported Equipment in 

Encouraged Industries 

16. VAT Export Rebates 

17. Exemption from Payment of Staff 

and Worker Benefit Taxes for ExportOriented Enterprises 

Provincial Grant Programs 

18. Funds for Outward Expansion of 

Industries in Guangdong Province 

19. Export Interest Subsidy Funds for 

Enterprises Located in Guangdong 

and Zhejiang Provinces 

Provincial Provision of Goods and 

Services for Less Than Adequate 

Remuneration 

20. Provision of Land and Utilities at 

Less Than Adequate Remuneration to 

Export-Oriented Enterprises and FIEs 

by Provincial Governments 

Provincial and Local Tax Programs for 

FIEs 

21. Local Income Tax Exemption and 

Reduction Programs for ‘‘Productive’’

FIEs 

For further information explaining 

why the Department is investigating 

these programs, see the OTR Tires CVD 

Initiation Checklist. 

We are not including in our 

investigation the following programs 

alleged to benefit producers and 

exporters of the subject merchandise in 

the PRC: 

1. Managed Exchange Rate Export 

Subsidy (Currency Manipulation) 

Petitioners allege that the GOC’s 

manipulates its currency to maintain an 

undervalued RMB. According to 

petitioners, the undervalued RMB 

benefits PRC exporters. Petitioners have 

not sufficiently alleged the elements 

necessary for the imposition of a 

countervailing duty and did not support 

the allegation with reasonably available 

information. Therefore, we do not plan 

to investigate the currency manipulation 

program. 

2. Preferential Lending to the Tire 

Industry 

Petitioners allege that state-owned 

commercial banks must be under 

directives from the GOC to give 

preferential loans to the tire industry. 

Petitioners failed to demonstrate that 

such loans could be specific to the tire 

industry. 

3. Grants to the Tire Industry for LandUsage Fees 

Petitioners allege that the GOC offers 

grants to Chinese tire manufacturers to 

cover land-usage fees. Petitioners did 

not provide any evidence of grants to 

cover land usage fees specific to the tire 

industry. 

4. VAT Export Rebate of Prior-Stage, 

Cumulative Taxes 

Petitioners allege that the VAT levied 

on capital goods in the PRC actually 

constitutes a prior stage cumulative tax. 

Paragraph (h) of the Illustrative List of 

Export Subsidies in Annex I to the WTO 

Subsidies and Countervailing Measures 

Agreement applies to prior stage 

indirect taxes and VAT systems are 

expressly excluded from consideration 

under paragraph (h). 

5. Lower VAT Rebates for Downstream 

Products 

Petitioners allege that the GOC 

provides lower rebates for exports of 

major inputs to tire production than it 

provides to exports of tires; thus, 

benefitting tire production by 

suppressing the market for inputs. 

Petitioners were unable to demonstrate 

that the price of inputs (e.g., rubber) had 

been affected by the alleged lower 

export rebate. 

Application of the Countervailing Duty 

Law to the PRC 

The Department has treated the PRC 

as an NME country in all past 

antidumping duty investigations and 

administrative reviews. In accordance 

with section 771(18)(C)(i) of the Act, 

any determination that a country is an 

NME country shall remain in effect until 

revoked by the administering authority. 

See e.g., Tapered Roller Bearings and 

Parts Thereof, Finished and 10 

Unfinished, (TRBs) From the People’s 

Republic of China: Preliminary Results 

of 2001–2002 Administrative Review 

and Partial Rescission of Review, 68 FR 

7500, 7500–1 (February 14, 2003), 

unchanged in TRBs from the People’s 

Republic of China: Final Results of 

2001–2002 Administrative Review, 68 


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1Agricultural tractors are four-wheeled vehicles 

usually with large rear tires and small front tires 

that are used to tow farming equipment. 

2Combine harvesters are used to harvest crops 

such as corn or wheat. 

3Agricultural sprayers are used to irrigate 

agricultural fields. 

4 Industrial tractors are four-wheeled vehicles 

usually with large rear tires and small front tires 

that are used to tow industrial equipment. 

5A 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. 

6Skid-steer loaders are four-wheel drive vehicles 

with the left-side drive wheels irIdependent 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. 

7Haul 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. 

8Front 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. 

9A 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. 

10A straddle carrier is a rigid frame, enginepowered machine that is used to load and offload 

containers from container vessels and load them 

onto (or off of) tractor trailers. 11A 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. 12A 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. 

FR 70488, 70488–89 (December 18, 

2003). 

In the amended preliminary 

determination in the investigation of 

coated free sheet paper from the PRC, 

the Department preliminarily 

determined that the current nature of 

the PRC economy does not create 

obstacles to applying the necessary 

criteria in the CVD law. See Coated Free 

Sheet Paper from the People’s Republic 

of China: Amended Preliminary 

Affirmative Countervailing Duty 

Determination, 72 FR 17484, 17486 

(April 9, 2007) (CFS Preliminary 

Determination), and Memorandum for 

David M. Spooner, Assistant Secretary 

for Import Administration, 

‘‘Countervailing Duty Investigation of 

Coated Free Sheet Paper from The 

People’s Republic of China—Whether 

the Analytic Elements of the 

Georgetown Steel Opinion are 

Applicable to China’s Present-Day 

Economy,’’ (March 29,2007), on file in 

the CRU. Therefore, because the 

petitioners have provided sufficient 

allegations and support of their 

allegations to meet the statutory criteria 

for initiating a countervailing duty 

investigation of OTR tires from the PRC, 

initiation of a CVD investigation is 

warranted in this case. 

Distribution of Copies of the Petition 

In accordance with section 

702(b)(4)(A)(i) of the Act, a copy of the 

public version of the petition has been 

provided to the GOC. To the extent 

practicable, we will attempt to provide 

a copy of the public version of the 

petition to each exporter named in the 

petition, as provided for under 19 CFR 

351.203(c)(2). 

ITC Notification 

We have notified the ITC of our 

initiation, as required by section 702( d) 

of the Act. 

Preliminary Determination by the ITC 

The ITC will preliminarily determine, 

within 25 days after the date on which 

it receives notice of this initiation, 

whether there is a reasonable indication 

that imports of subsidized OTR tires 

from the PRC are materially injuring, or 

threatening material injury to, a u.s. 

industry. See section 703(a)(2) of the 

Act. A negative ITC determination will 

result in the investigation being 

terminated; otherwise, the investigation 

will proceed according to statutory and 

regulatory time limits. 

This notice is issued and published 

pursuant to section 777(i) of the Act. 

Dated: July 30, 2007. 

Stephen J. Claeys, 

Acting Assistant Secretary for Import 

Administration. 

Attachment—Scope of the Investigation 

for the Petitions Covering Certain New 

Pneumatic Off-the-Road Tires From the 

People’s Republic of China 

The products covered by the scope are 

new pneumatic tires designed for offthe-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,1 combine harvesters,2

agricultural high clearance sprayers,3

industrial tractors,4 log-skidders,5

agricultural implements, highwaytowed implements, agricultural logging, 

and agricultural, industrial, skid-steers/ 

mini-loaders; 6 (2) construction vehicles 

and equipment, including earthmover 

articulated dump products, rigid frame 

haul trucks,7 front end loaders,8 dozers,9

lift trucks, straddle carriers,10 graders,11

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/miniloaders, and smooth floor off-the-road 

counterbalanced lift trucks.12 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, 


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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). 

[FR Doc. 07–3833 Filed 8–6–07; 8:45 am] 

BILLING CODE 3510–DS–M 

COMMITTEE FOR THE 

IMPLEMENTATION OF TEXTILE 

AGREEMENTS 

Adjustment of Import Limits for Certain 

Cotton, Wool, Man-Made Fiber, Silk 

Blend and Other Vegetable Fiber 

Textiles and Textile Products 

Produced or Manufactured in the 

People’s Republic of China 

August 2, 2007. 

AGENCY: Committee for the 

Implementation of Textile Agreements 

(CITA). 

ACTION: Issuing a directive to the 

Commissioner, U.S. Customs and 

Border Protection adjusting limits. 

EFFECTIVE DATE: August 8, 2007. 

FOR FURTHER INFORMATION CONTACT: Ross 

Arnold, International Trade Specialist, 

Office of Textiles and Apparel, U.S. 

Department of Commerce, (202) 482–

4212. For information on the quota 

status of this limit, refer to the Bureau 

of Customs and Border Protection 

website (http://www.cbp.gov), or call 

(202) 344-2650. For information on 

embargoes and quota re-openings, refer 

to the Office of Textiles and Apparel 

Web site at http://otexa.ita.doc.gov. 

SUPPLEMENTARY INFORMATION: 

Authority: Section 204 of the Agricultural 

Act of 1956, as amended (7 U.S.C. 1854); 

Executive Order 11651 of March 3, 1972, as 

amended. 

Pursuant to the Memorandum of 

Understanding between the 

Governments of the United States and 

the People’s Republic of China 

concerning Trade in Texile and Apparel 

Products, signed and dated on 

November 8, 2005, the current limits for 

certain categories are being increased for 

carryover. 

A description of the textile and 

apparel categories in terms of HTS 

numbers is available in the 

CORRELATION: Textile and Apparel 

Categories with the Harmonized Tariff 

Schedule of the United States (see 

Federal Register notice 71 FR 62999, 

published on October 27, 2006). Also 

see 71 FR 65090 published on 

November 7, 2006. 

R. Matthew Priest, 

Chairman, Committee for the Implementation 

of Textile Agreements. 

Committee for the Implementation of Textile 

Agreements 

August 2, 2007. 

Commissioner, 

U.S. Customs and Border Protection, 

Washington, DC 20229. 

Dear Commissioner: This directive 

amends, but does not cancel, the directive 

issued to you on October 23, 2006, as 

amended on November 2, 2006, by the 

Chairman, Committee for the Implementation 

of Textile Agreements. That directive 

concerns imports of certain cotton, wool, 

man-made fiber, silk blend and other 

vegetable fiber textiles and textile products, 

produced or manufactured in China and 

exported during the twelve-month period 

which began on January 1, 2007 and extends 

through December 31, 2007. 

Effective on August 8, 2007, you are 

directed to adjust the current limits for the 

following categories, as provided for under 

the terms of the Memorandum of 

Understanding between the Governments of 

the United States and the People’s Republic 

of China concerning Trade in Texile and 

Apparel Products, signed and dated on 

November 8, 2005: 

Category Adjusted twelvemonth limit 1

200/301 ..................... 8,832,199 kilograms. 

222 ............................ 18,728,689 kilograms. 

229 ............................ 39,237,301 kilograms. 

332/432/632-T (plus 

baby socks) 2..

75,443,136 dozen 

pairs, of which not 

more than 

71,724,800 dozen 

pairs shall be in 

categories 332/432/ 

632-B (plus baby 

socks) 3. 

338/339pt. 4 ............... 23,893,373 dozen. 

340/640 ..................... 7,738,332 dozen. 

345/645/646 .............. 9,385,644 dozen. 

347/348 ..................... 22,566,791 dozen. 

349/649 ..................... 26,146,827 dozen. 

352/652 ..................... 21,743,905 dozen. 

359-S/659-S5 ........... 5,267,743 kilograms. 

363 ............................ 118,556,112 numbers. 

443 ............................ 1,544,629 numbers. 

447 ............................ 246,718 dozen. 

619 ............................ 63,466,510 square 

meters. 

620 ............................ 92,026,342 square 

meters. 

622 ............................ 37,846,860 square 

meters. 

638/639pt. 6 ............... 9,248,922 dozen. 

647/648pt. 7 ............... 9,134,507 dozen. 

666pt. 8 ...................... 1,106,206 kilograms. 

847 ............................ 20,250,225 dozen. 

1The limit has not been adjusted to account 

for any imports exported after December 31, 

2006. 2 Categories 332/432/632-T: baby socks: 

only HTS numbers 6111.20.6050, 

6111.30.5050 and 6111.90.5050; within Category 632: only HTS numbers 6115.10.4000, 

6115.10.5500, 6115.30.9010, 6115.96.6020, 

6115.99.1420, 6115.96.9020, 6115.99.1920. 2 Categories 332/432/632-T: baby socks: 

only HTS numbers 6111.20.6050, 

6111.30.5050 and 6111.90.5050; within Category 632: only HTS numbers 6115.10.4000, 

6115.10.5500, 6115.30.9010, 6115.96.6020, 

6115.99.1420, 6115.96.9020, 6115.99.1920. 3 Categories 332/432/632-B: baby socks: 

only HTS numbers 6111.20.6050, 

6111.30.5050 and 6111.90.5050; within Category 632: only HTS numbers 6115.10.4000, 

6115.10.5500, 6115.96.6020, 6115.96.9020, 

6115.99.1420, 6115.99.1920. 4 Categories 338/339pt: all HTS numbers 

except: 6110.20.1026, 6110.20.1031, 

6110.20.2067, 6110.20.2077, 6110.90.9067, 

and 6110.90.9071. VerDate Aug<31>2005 15:56 Aug 06, 2007 Jkt 211001 PO 00000 Frm 00051 Fmt 4703 Sfmt 4703 E:\FR\FM\07AUN1.SGM 07AUN1

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