77960 Federal Register / Vol. 88, No. 218 / Tuesday, November 14, 2023 / Notices 

5See Initiation Notice. 

6 Id. 

7See Memorandum, ‘‘Fresh Garlic from the 

People’s Republic of China: Preliminary Affirmative 

Determination of Circumvention for Small and 

Large Garlic Chunks,’’ dated concurrently with, and 

hereby adopted by, this notice (Preliminary 

Decision Memorandum). 

8See Initiation Notice. 

9See Order. 

10See Administrative Protective Order, Service, 

and Other Procedures in Antidumping and 

Countervailing Duty Proceedings; Final Rule, 88 FR 

67069 (September 29, 2023). 

Commerce initiated the circumvention 

inquiry on the basis of the minor 

alterations allegation, pursuant to 

section 781(c) of the Act and 19 CFR 

351.226(j).5 Commerce initiated the 

inquiry on a country-wide basis.6 For a 

complete description of events that 

followed the initiation of this inquiry, 

see the Preliminary Decision 

Memorandum.7

Scope of the Order 

The merchandise covered by the 

Order is fresh garlic from China. The 

subject garlic is currently classifiable 

under subheadings: 0703.20.0005, 

0703.20.0010, 0703.20.0015, 

0703.20.0020, 0703.20.0000, 

0703.20.0090, 0710.80.7060, 

0710.80.97500, 0711.90.6000, 

0711.90.6500, 2005.90.9500, 

2005.90.9700, and 2005.99.9700 of the 

Harmonized Tariff Schedule of the 

United States (HTSUS). Although the 

HTSUS subheadings are provided for 

convenience and customs purposes, our 

written description of the scope of the 

Order is dispositive. For a complete 

description of the scope of the Order, 

see the Preliminary Decision 

Memorandum. 

Merchandise Subject to the 

Circumvention Inquiry 

This circumvention inquiry covers 

small and large garlic chunks produced 

in China and exported to the United 

States. A complete description of the 

merchandise subject to the 

circumvention inquiry is contained in 

the Preliminary Decision Memorandum. 

Methodology 

Commerce is conducting this 

circumvention inquiry pursuant to 

section 781(c) of the Act and 19 CFR 

351.226(j). For a complete description of 

the methodology underlying the 

preliminary determination, see the 

Preliminary Decision Memorandum. A 

list of topics discussed in the 

Preliminary Decision Memorandum is 

attached as an appendix to this notice. 

The Preliminary Decision Memorandum 

is a public document and is on file 

electronically via Enforcement and 

Compliance’s Antidumping and 

Countervailing Duty Centralized 

Electronic Service System (ACCESS). 

ACCESS is available to registered users 

at https://access.trade.gov. In addition, a 

complete version of the Preliminary 

Decision Memorandum can be accessed 

directly at https://access.trade.gov/ 

public/FRNoticesListLayout.aspx. 

Preliminary Affirmative Determination 

of Circumvention 

As detailed in the Preliminary 

Decision Memorandum, we 

preliminarily determine that small and 

large garlic chunks produced in China 

and exported to the United States 

constitute merchandise altered in form 

or appearance in such minor respects 

that they should be included within the 

scope of the Order, pursuant to section 

781(c) of the Act and 19 CFR 351.226(j). 

We also preliminarily determine that 

this affirmative circumvention finding 

should be applied on a country-wide 

basis. 

Suspension of Liquidation 

In accordance with 19 CFR 

351.226(l)(2), we will direct U.S. 

Customs and Border Protection (CBP) to 

continue the suspension of liquidation 

of previously suspended entries and to 

suspend liquidation of all entries of 

small and large garlic chunks produced 

in and exported from China that are 

entered, or withdrawn from warehouse, 

for consumption on or after June 8, 

2023, (i.e., the date of the publication of 

the Initiation Notice).8 Pursuant to 19 

CFR 351.226(l)(2), we will also instruct 

CBP to require AD cash deposit rates in 

effect for fresh garlic for each 

unliquidated entry of small and large 

garlic chunks produced in and exported 

from China that have been entered, or 

withdrawn from warehouse, for 

consumption on or after June 8, 2023.9

These suspension of liquidation 

instructions and cash deposit 

requirements will remain in effect until 

further notice. 

Public Comment 

Pursuant to 19 CFR 351.226(f)(4), 

interested parties may submit case briefs 

or other written comments within 14 

days of the date of publication of this 

notice; seven days thereafter, interested 

parties may submit rebuttal comments. 

In accordance with 19 CFR 

351.226(f)(4), no new factual 

information will be accepted in the 

comments or rebuttal comments. 

Pursuant to 19 CFR 351.310(c), 

interested parties who wish to request a 

hearing, limited to issues raised in the 

case and rebuttal briefs, must submit a 

written request to the Assistant 

Secretary for Enforcement and 

Compliance within 30 days after the 

date of publication of this notice. 

Requests should contain: (1) the party’s 

name, address, and telephone number; 

(2) the number of participants; (3) 

whether any participant is a foreign 

national; and (4) a list of the issues to 

be discussed. If a request for a hearing 

is made, parties will be notified of the 

date and time for the hearing at a later 

date. Parties should confirm by 

telephone the date, time, and location of 

the hearing two days before the 

scheduled date of the hearing. 

All submissions must be filed 

electronically and received successfully 

in their entirety via ACCESS by 5:00 

p.m. Eastern Time on the date that they 

are due. Note that Commerce has 

amended certain of its requirements 

pertaining to the service of documents 

in 19 CFR 351.303(f).10

Notification to Interested Parties 

This determination is issued and 

published in accordance with sections 

section 781(c) of the Act and 19 CFR 

351.226(g)(1). 

Dated: November 6, 2023. 

Abdelali Elouaradia, 

Deputy Assistant Secretary for Enforcement 

and Compliance. 

Appendix—List of Topics Discussed in 

the Preliminary Decision Memorandum 

I. Summary 

II. Background 

III. Scope of the Order 

IV. Merchandise Subject to the 

Circumvention Inquiry 

V. Statutory and Regulatory Framework: 

Minor Alterations 

VI. Circumvention Analysis 

VII. Preliminary Affirmative Determination of 

Circumvention 

VIII. Country-Wide Determination 

IX. Recommendation 

[FR Doc. 2023–24993 Filed 11–13–23; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–549–848] 

Truck and Bus Tires From Thailand: 

Initiation of Less-Than-Fair-Value 

Investigation 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

DATES: Applicable November 6, 2023. 

FOR FURTHER INFORMATION CONTACT: 

Katherine Johnson or Faris Montgomery; 


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1See Petitioner’s Letter, ‘‘Petition for the 

Imposition of Antidumping Duties on Imports of 

Truck and Bus Tires from Thailand,’’ dated October 

17, 2023 (the Petition). 

2See Commerce’s Letter, ‘‘Petition for the 

Imposition of Antidumping Duties on Imports of 

Truck and Bus Tires from Thailand: Supplemental 

Questions,’’ dated October 20, 2023 (Supplemental 

Questionnaire); see also Memoranda, ‘‘Phone Call 

with Counsel to the Petitioner,’’ dated October 27, 

2023, and ‘‘Phone Call with Counsel to the 

Petitioner,’’ dated November 1, 2023. 

3See Petitioner’s Letters, ‘‘Petition Supplemental 

Questions Response,’’ dated October 24, 2023 (First 

Petition Supplement), ‘‘Second Petition 

Supplemental Questions Response,’’ dated October 

30, 2023 (Second Petition Supplement), 

‘‘Submission of Exhibit Second Supp. II–7,’’ dated 

October 31, 2023, ‘‘Submission of Exhibit Second 

Supp. II–7,’’ dated October 31, 2023, and ‘‘Petition 

Third Supplemental Questions Response,’’ dated 

November 2, 2023 (Third Petition Supplement). 

4See Petition at Volume I at 2. 

5See infra, section on ‘‘Determination of Industry 

Support for the Petition.’’ 

6See Supplemental Questionnaire; see also 

Memorandum, dated November 1, 2023. 

7See First Petition Supplement at 3 and Exhibit 

Supp-I–1; see also Third Petition Supplement at 2 

and Exhibit 1. 

8See Antidumping Duties; Countervailing Duties, 

Final Rule, 62 FR 27296, 27323 (May 19, 1997) 

(Preamble). 

9See 19 CFR 351.102(b)(21) (defining ‘‘factual 

information’’). 

10The 20-day deadline falls on November 26, 

2023, which is a Sunday. In accordance with 19 

CFR 351.303(b)(1), Commerce will accept 

comments filed by 5:00 p.m. ET on November 27, 

2023. Id. (‘‘For both electronically filed and 

manually filed documents, if the applicable due 

date falls on a non-business day, the Secretary will 

accept documents that are filed on the next 

business day.’’) 

11See Antidumping and Countervailing Duty 

Proceedings: Electronic Filing Procedures; 

Administrative Protective Order Procedures, 76 FR 

39263 (July 6, 2011); see also Enforcement and 

Compliance; Change of Electronic Filing System 

Name, 79 FR 69046 (November 20, 2014) for details 

of Commerce’s electronic filing requirements, 

effective August 5, 2011. Information on help using 

ACCESS can be found at https://access.trade.gov/ 

help.aspx and a handbook can be found at https:// 

access.trade.gov/help/Handbook_on_Electronic_

Filing_Procedures.pdf. 

AD/CVD Operations, Enforcement and 

Compliance, International Trade 

Administration, U.S. Department of 

Commerce, 1401 Constitution Avenue 

NW, Washington, DC 20230; telephone: 

(202) 482–4929 or (202) 482–1537, 

respectively. 

SUPPLEMENTARY INFORMATION: 

The Petition 

On October 17, 2023, the U.S. 

Department of Commerce (Commerce) 

received an antidumping duty (AD) 

petition concerning imports of truck and 

bus tires from Thailand, filed in proper 

form on behalf of the United Steel, 

Paper and Forestry, Rubber, 

Manufacturing, Energy, Allied 

Industrial and Service Workers 

International Union, AFL–CIO, CLC 

(USW) (the petitioner), a certified union 

which represents workers engaged in 

the production of truck and bus tires in 

the United States.1

On October 20 and 27, and November 

1, 2023, Commerce requested 

supplemental information pertaining to 

certain aspects of the Petition.2 The 

petitioner filed responses to these 

requests on October 24, 30, 31, and 

November 2, 2023.3

In accordance with section 732(b) of 

the Tariff Act of 1930, as amended (the 

Act), the petitioner alleges that imports 

of truck and bus tires from Thailand are 

being, or are likely to be, sold in the 

United States at less than fair value 

(LTFV) within the meaning of section 

731 of the Act, and that imports of such 

products are materially injuring, or 

threatening material injury to, the truck 

and bus tires industry in the United 

States. Consistent with section 732(b)(1) 

of the Act, the Petition is accompanied 

by information reasonably available to 

the petitioner supporting its allegations. 

Commerce finds that the petitioner 

filed the Petition on behalf of the 

domestic industry, because the 

petitioner is an interested party, as 

defined in section 771(9)(D) of the Act.4

Commerce also finds that the petitioner 

demonstrated sufficient industry 

support for the initiation of the 

requested LTFV investigation.5

Period of Investigation 

Because the Petition was filed on 

October 17, 2023, the period of 

investigation (POI) for this investigation 

is October 1, 2022, through September 

30, 2023, pursuant to 19 CFR 

351.204(b)(1). 

Scope of the Investigation 

The products covered by this 

investigation are truck and bus tires 

from Thailand. For a full description of 

the scope of this investigation, see the 

appendix to this notice. 

Comments on the Scope of the 

Investigation 

On October 20 and November 1, 2023, 

Commerce requested further 

information and clarification from the 

petitioner regarding the proposed scope 

to ensure that the scope language in the 

Petition is an accurate reflection of the 

products for which the domestic 

industry is seeking relief.6 On October 

24 and November 2, 2023, the petitioner 

revised the scope.7 The description of 

the merchandise covered by this 

investigation, as described in the 

appendix to this notice, reflects these 

clarifications. 

As discussed in the Preamble to 

Commerce’s regulations, we are setting 

aside a period of time for interested 

parties to raise issues regarding product 

coverage (i.e., scope).8 Commerce will 

consider all comments received from 

interested parties and, if necessary, will 

consult with interested parties prior to 

the issuance of the preliminary 

determination. If scope comments 

include factual information,9 all such 

factual information should be limited to 

public information. To facilitate 

preparation of its questionnaires, 

Commerce requests that all interested 

parties submit such comments by 5 p.m. 

Eastern Time (ET) on November 27, 

2023, which is the next business day 

after 20 calendar days from the 

signature date of this notice.10 Any 

rebuttal comments, which may include 

factual information, must be filed by 5 

p.m. ET on December 7, 2023, which is 

ten calendar days from the initial 

comment deadline. 

Commerce requests that any factual 

information that parties consider 

relevant to the scope of the investigation 

be submitted during that period. 

However, if a party subsequently finds 

that additional factual information 

pertaining to the scope of the 

investigation may be relevant, the party 

may contact Commerce and request 

permission to submit the additional 

information. All such submissions must 

be filed on the record of this LTFV 

investigation. 

Filing Requirements 

All submissions to Commerce must be 

filed electronically using Enforcement 

and Compliance’s Antidumping Duty 

and Countervailing Duty Centralized 

Electronic Service System (ACCESS), 

unless an exception applies.11 An 

electronically filed document must be 

received successfully in its entirety by 

the time and date it is due. 

Comments on Product Characteristics 

Commerce is providing interested 

parties an opportunity to comment on 

the appropriate physical characteristics 

of truck and bus tires to be reported in 

response to Commerce’s AD 

questionnaires. This information will be 

used to identify the key physical 

characteristics of the subject 

merchandise in order to report the 

relevant costs of production accurately, 

as well as to develop appropriate 

product-comparison criteria. 

Interested parties may provide any 

information or comments that they feel 

are relevant to the development of an 

accurate list of physical characteristics. 

Specifically, they may provide 

comments as to which characteristics 

are appropriate to use as: (1) general 


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12See 19 CFR 351.303(b)(1). 

13See section 771(10) of the Act. 

14See USEC, Inc. v. United States, 132 F. Supp. 

2d 1, 8 (CIT 2001) (citing Algoma Steel Corp. v. 

United States, 688 F. Supp. 639, 644 (CIT 1988), 

aff’d 865 F.2d 240 (Fed. Cir. 1989)). 

15See Petition at Volume I (pages 2–5 and 

Exhibits I–1 and I–3); see also First Petition 

Supplement at 3–6 and Exhibit Supp-I–3. 

16For a discussion of the domestic like product 

analysis as applied to this case and information 

regarding industry support, see Checklist, 

‘‘Antidumping Duty Investigation Initiation 

Checklist: Truck and Bus Tires from Thailand,’’ (AD 

Initiation Checklist) at Attachment II, Analysis of 

Industry Support for the Antidumping Duty 

Petition Covering Truck and Bus Tires from 

Thailand (Attachment II). This checklist is dated 

concurrently with this notice and on file 

electronically via ACCESS. 

17See Petition at Volume I (pages 6–8 and Exhibit 

I–3); see also First Petition Supplement at Exhibit 

Supp-I–8. 

18See Petition at Volume I (pages 6–8 and Exhibit 

I–3); see also First Petition Supplement at 6–7 and 

Exhibit Supp-I–8. 

19See Petition at Volume I (pages 7–8 and Exhibit 

I–3); see also First Petition Supplement at 7 and 

Exhibit Supp-I–8. 

20See First Petition Supplement at 7–8 and 

Exhibits Supp-I–7 and Supp-I–8. 

21See Petition at Volume I (pages 6–8 and Exhibit 

I–3); see also First Petition Supplement at 7–8 and 

Exhibit Supp-I–8. 

22See Petition at Volume I (page 8); see also First 

Petition Supplement at 6–7 and Exhibit Supp-I–8. 

23See Petition at Volume I (pages 5–8 and Exhibit 

I–3); see also First Petition Supplement at 6–8 and 

Exhibits Supp-I–7 and Supp-I–8. For further 

discussion, see AD Initiation Checklist at 

Attachment II. 

24See Omni’s Letter, ‘‘Comments on Industry 

Support,’’ dated October 30, 2023. 

product characteristics; and (2) product 

comparison criteria. We note that it is 

not always appropriate to use all 

product characteristics as product 

comparison criteria. We base product 

comparison criteria on meaningful 

commercial differences among products. 

In other words, although there may be 

some physical product characteristics 

utilized by manufacturers to describe 

truck and bus tires, it may be that only 

a select few product characteristics take 

into account commercially meaningful 

physical characteristics. In addition, 

interested parties may comment on the 

order in which the physical 

characteristics should be used in 

matching products. Generally, 

Commerce attempts to list the most 

important physical characteristics first 

and the least important characteristics 

last. 

In order to consider the suggestions of 

interested parties in developing and 

issuing the AD questionnaires, all 

product characteristics comments must 

be filed by 5 p.m. ET on November 27, 

2023, which is the next business day 

after 20 calendar days from the 

signature date of this notice.12 Any 

rebuttal comments must be filed by 5 

p.m. ET on December 7, 2023, which is 

10 calendar days from the initial 

comment deadline. All comments and 

submissions to Commerce must be filed 

electronically using ACCESS, as 

explained above. 

Determination of Industry Support for 

the Petition 

Section 732(b)(1) of the Act requires 

that a petition be filed on behalf of the 

domestic industry. Section 732(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 732(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, 

Commerce 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 to poll the ‘‘industry.’’ 

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 Commerce 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 Commerce and the 

ITC must apply the same statutory 

definition regarding the domestic like 

product,13 they do so for different 

purposes and pursuant to a separate and 

distinct authority. In addition, 

Commerce’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.14

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 title.’’ 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 petitioner does not offer a 

definition of the domestic like product 

distinct from the scope of the 

investigation.15 Based on our analysis of 

the information submitted on the 

record, we have determined that truck 

and bus tires, as defined in the scope, 

constitute a single domestic like 

product, and we have analyzed industry 

support in terms of that domestic like 

product.16

In determining whether the petitioner 

has standing under section 732(c)(4)(A) 

of the Act, we considered the industry 

support data contained in the Petition 

with reference to the domestic like 

product as defined in the ‘‘Scope of the 

Investigation,’’ in the appendix to this 

notice. To establish industry support, 

the petitioner estimated the 2022 

production for each U.S. producer of 

truck and bus tires, by plant.17 The 

petitioner based its estimates of 2022 

truck and bus tire production on daily 

plant-specific production capacity data 

published in Modern Tire Dealer.18 The 

petitioner then multiplied the daily 

production capacity data by 360 (to 

estimate annual capacity).19 To 

calculate a capacity utilization rate for 

the U.S. truck and bus tires industry in 

2022, the petitioner compared the 2022 

U.S. production of truck and bus tires 

data sourced from the U.S. Tire 

Manufacturers Association (as reported 

in the February 27, 2023, edition of Tire 

Business) to the estimated total 2022 

U.S. capacity to produce truck and bus 

tires.20 To calculate plant-specific total 

2022 production of the domestic like 

product, the petitioner applied the 

estimated capacity utilization rate to the 

total annualized capacity of each plant 

represented by the USW as well as each 

non-petitioning plant.21 To calculate 

industry support, the petitioner divided 

the estimated 2022 production of the 

domestic like product for those plants 

represented by the USW by the 

estimated production of the domestic 

like product in 2022 for the entire U.S. 

truck and bus tires industry.22 We relied 

on data provided by the petitioner for 

purposes of measuring industry 

support.23

On October 30, 2023, we received 

comments on industry support from 

American Omni Trading Company, LLC 

(Omni), a U.S. importer of truck and bus 

tires from Thailand.24 On November 1, 


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25See Petitioner’s Letter, ‘‘Rebuttal to Industry 

Support Comments,’’ dated November 1, 2023 

(Petitioner’s Response). 

26See AD Initiation Checklist at Attachment II; 

see also section 732(c)(4)(D) of the Act. 

27See AD Initiation Checklist at Attachment II. 

28 Id. 

29 Id. 

30See Petition at Volume I (page 15 and Exhibit 

I–4). 

31 Id. at 15–25 and Exhibits I–3, I–4, and I–10 

through I–12; see also First Petition Supplement at 

8 and Exhibits Supp–I–9 and Supp–I–10. 

32See AD Initiation Checklist at Attachment III, 

Analysis of Allegations and Evidence of Material 

Injury and Causation for the Antidumping Duty 

Petition Covering Truck and Bus Tires from 

Thailand (Attachment III). 

33See AD Initiation Checklist. 

34 In accordance with section 773(b)(2) of the Act, 

for this investigation, Commerce will request 

information necessary to calculate the constructed 

value (CV) and cost of production (COP) to 

determine whether there are reasonable grounds to 

believe or suspect that sales of the foreign like 

product have been made at prices that represent 

less than the COP of the product. 

35See AD Initiation Checklist. 

36 Id. 

37See Petition at Volume II (page II–5); see also 

AD Initiation Checklist. 

38See AD Initiation Checklist. 

39 Id. 

40 Id. 

41 Id. 

2023, the petitioner provided rebuttal 

comments.25

Our review of the data provided in the 

Petition, the First Petition Supplement, 

Petitioner’s Response, and other 

information readily available to 

Commerce indicates that the petitioner 

has established industry support for the 

Petition. First, the Petition established 

support from domestic producers (or 

workers) accounting for more than 50 

percent of the total production of the 

domestic like product, and, as such, 

Commerce is not required to take further 

action in order to evaluate industry 

support (e.g., polling).26 Second, the 

domestic producers (or workers) have 

met the statutory criteria for industry 

support under section 732(c)(4)(A)(i) of 

the Act because the domestic producers 

(or workers) who support the Petition 

account for at least 25 percent of the 

total production of the domestic like 

product.27 Finally, the domestic 

producers (or workers) have met the 

statutory criteria for industry support 

under section 732(c)(4)(A)(ii) of the Act 

because the domestic producers (or 

workers) who support the Petition 

account for 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.28 Accordingly, Commerce 

determines that the Petition was filed on 

behalf of the domestic industry within 

the meaning of section 732(b)(1) of the 

Act.29

Allegations and Evidence of Material 

Injury and Causation 

The petitioner alleges that the U.S. 

industry producing the domestic like 

product is being materially injured, or is 

threatened with material injury, by 

reason of the imports of the subject 

merchandise sold at LTFV. In addition, 

the petitioner alleges that subject 

imports exceed the negligibility 

threshold provided for under section 

771(24)(A) of the Act.30

The petitioner contends that the 

domestic industry’s injured condition is 

illustrated by a significant volume of 

subject imports; reduced market share; 

underselling and price depression and/ 

or suppression; decline in capacity 

utilization and U.S. shipments; and 

adverse impact on financial 

performance.31 We assessed the 

allegations and supporting evidence 

regarding material injury, threat of 

material injury, causation, as well as 

negligibility, and we have determined 

that these allegations are properly 

supported by adequate evidence, and 

meet the statutory requirements for 

initiation.32

Allegations of Sales at LTFV 

The following is a description of the 

allegations of sales at LTFV upon which 

Commerce based its decision to initiate 

a LTFV investigation of truck and bus 

tires from Thailand. The sources of data 

for the deductions and adjustments 

relating to U.S. price and normal value 

(NV) are discussed in greater detail in 

the AD Initiation Checklist. 

U.S. Price 

The petitioner based the export price 

(EP) on the average unit value (AUV) 

derived from official import statistics for 

imports of truck and bus tires from 

Thailand into the United States during 

the POI. The petitioner made certain 

adjustments to U.S. price for movement 

expenses, to calculate a net ex-factory 

U.S. price.33

Normal Value 34

The petitioner based NV on home 

market prices obtained through market 

research for truck and bus tires 

produced in and sold, or offered for 

sale, in Thailand during the POI. The 

petitioner provided information 

indicating that the prices for truck and 

bus tires sold or offered for sale in 

Thailand were below the COP; 

therefore, the petitioner calculated NV 

based on CV.35 For further discussion of 

CV, see the section ‘‘Normal Value 

Based on Constructed Value,’’ below. 

Constructed Value 

As noted above, the petitioner 

provided information indicating that the 

prices for truck and bus tires sold or 

offered for sale in Thailand were below 

COP. Therefore, the petitioner based NV 

on CV. Pursuant to section 773(e) of the 

Act, the petitioner calculated CV as the 

sum of the cost of manufacturing 

(COM), selling, general, and 

administrative (SG&A) expenses, 

financial expenses, and profit.36

As the petitioner is a union 

representing workers in the domestic 

industry producing truck and bus tires 

and is not a domestic producer, the 

petitioner contends it does not have 

access to the confidential information 

on actual production costs experienced 

by either the domestic or the foreign 

producers.37 Therefore, in calculating 

the COM, the petitioner relied on 

publicly available information regarding 

the direct materials used to manufacture 

truck and bus tires, derived from a 

number of published studies.38 Using 

this information, the petitioner 

calculated the average percentage of 

total tire weight represented by direct 

materials for truck and bus tires and 

valued these inputs using publicly 

available information applicable to 

Thailand.39 In calculating labor, energy, 

SG&A, financial expenses, and profit 

ratios, the petitioner relied on the 

financial statements of producers of 

identical merchandise in Thailand.40

Fair Value Comparisons 

Based on the data provided by the 

petitioner, there is reason to believe that 

imports of truck and bus tires from 

Thailand are being, or are likely to be, 

sold in the United States at LTFV. Based 

on a comparison of EP to NV, in 

accordance with sections 772 and 773 of 

the Act, the estimated dumping margin 

for truck and bus tires from Thailand is 

48.39 percent.41

Initiation of LTFV Investigation 

Based upon the examination of the 

Petition and supplemental responses, 

we find that they meet the requirements 

of section 732 of the Act. Therefore, we 

are initiating a LTFV investigation to 

determine whether imports of truck and 

bus tires from Thailand are being, or are 

likely to be, sold in the United States at 

LTFV. In accordance with section 

733(b)(1)(A) of the Act and 19 CFR 

351.205(b)(1), unless postponed, we will 

make our preliminary determination no 

later than 140 days after the date of this 

initiation. 


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77964 Federal Register / Vol. 88, No. 218 / Tuesday, November 14, 2023 / Notices 

42See Petition at Volume I (Exhibit I–8). 

43See Memorandum, ‘‘Release of U.S. Customs 

and Border Protection Data,’’ dated November 1, 

2023. 

44See section 733(a) of the Act. 

45 Id. 

46See 19 CFR 351.301(b). 

47See 19 CFR 351.301(b)(2). 

48See 19 CFR 351.302; see also, e.g., Extension 

of Time Limits; Final Rule, 78 FR 57790 (September 

20, 2013), available at http://www.gpo.gov/fdsys/ 

pkg/FR-2013-09-20/html/2013-22853.htm. 

Respondent Selection 

In the Petition, the petitioner named 

16 companies in Thailand as producers/ 

exporters of truck and bus tires.42

Following standard practice in AD 

investigations involving market 

economy countries, in the event 

Commerce determines that the number 

of exporters or producers in any 

individual case is large such that 

Commerce cannot individually examine 

each company based upon its resources, 

where appropriate, Commerce intends 

to select mandatory respondents in that 

case based on U.S. Customs and Border 

Protection (CBP) data for U.S. imports 

under the appropriate Harmonized 

Tariff Schedule of the United States 

numbers listed in the ‘‘Scope of the 

Investigation,’’ in the appendix. 

On November 1, 2023, Commerce 

released CBP data on imports of truck 

and bus tires under Administrative 

Protective Order (APO) to all parties 

with access to information protected by 

APO and indicated that interested 

parties wishing to comment on CBP data 

must do so within three business days 

of the publication date of the notice of 

initiation of this investigation.43

Commerce will not accept rebuttal 

comments regarding the CBP data or 

respondent selection. 

Interested parties must submit 

applications for disclosure under APO 

in accordance with 19 CFR 351.305(b). 

Instructions for filing such applications 

may be found on Commerce’s website at 

http://enforcement.trade.gov/apo. 

Comments must be filed 

electronically using ACCESS. An 

electronically-filed document must be 

received successfully in its entirety via 

ACCESS by 5:00 p.m. ET on the 

specified deadline. 

Distribution of Copies of the Petition 

In accordance with section 

732(b)(3)(A) of the Act and 19 CFR 

351.202(f), a copy of the public version 

of the Petition has been provided to the 

government of Thailand via ACCESS. 

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 

under 19 CFR 351.203(c)(2). 

ITC Notification 

Commerce will notify the ITC of its 

initiation, as required by section 732(d) 

of the Act. 

Preliminary Determination by the ITC 

The ITC will preliminarily determine, 

within 45 days after the date on which 

the Petition was filed, whether there is 

a reasonable indication that subject 

imports are materially injuring or 

threatening material injury to a U.S. 

industry.44 A negative ITC 

determination will result in the 

investigation being terminated.45

Otherwise, this LTFV investigation will 

proceed according to statutory and 

regulatory time limits. 

Submission of Factual Information 

Factual information is defined in 19 

CFR 351.102(b)(21) as: (i) evidence 

submitted in response to questionnaires; 

(ii) evidence submitted in support of 

allegations; (iii) publicly available 

information to value factors under 19 

CFR 351.408(c) or to measure the 

adequacy of remuneration under 19 CFR 

351.511(a)(2); (iv) evidence placed on 

the record by Commerce; and (v) 

evidence other than factual information 

described in (i)–(iv). Section 351.301(b) 

of Commerce’s regulations requires any 

party, when submitting factual 

information, to specify under which 

subsection of 19 CFR 351.102(b)(21) the 

information is being submitted 46 and, if 

the information is submitted to rebut, 

clarify, or correct factual information 

already on the record, to provide an 

explanation identifying the information 

already on the record that the factual 

information seeks to rebut, clarify, or 

correct.47 Time limits for the 

submission of factual information are 

addressed in 19 CFR 351.301, which 

provides specific time limits based on 

the type of factual information being 

submitted. Interested parties should 

review the regulations prior to 

submitting factual information in this 

investigation. 

Particular Market Situation Allegation 

Section 773(e) of the Act addresses 

the concept of particular market 

situation (PMS) for purposes of CV, 

stating that ‘‘if a particular market 

situation exists such that the cost of 

materials and fabrication or other 

processing of any kind does not 

accurately reflect the cost of production 

in the ordinary course of trade, the 

administering authority may use 

another calculation methodology under 

this subtitle or any other calculation 

methodology.’’ When an interested 

party submits a PMS allegation pursuant 

to section 773(e) of the Act, Commerce 

will respond to such a submission 

consistent with 19 CFR 351.301(c)(2)(v). 

If Commerce finds that a PMS exists 

under section 773(e) of the Act, then it 

will modify its dumping calculations 

appropriately. 

Neither section 773(e) of the Act, nor 

19 CFR 351.301(c)(2)(v), sets a deadline 

for the submission of PMS allegations 

and supporting factual information. 

However, in order to administer section 

773(e) of the Act, Commerce must 

receive PMS allegations and supporting 

factual information with enough time to 

consider the submission. Thus, should 

an interested party wish to submit a 

PMS allegation and supporting new 

factual information pursuant to section 

773(e) of the Act, it must do so no later 

than 20 days after submission of a 

respondent’s initial response to section 

D of the AD questionnaire. 

Extensions of Time Limits 

Parties may request an extension of 

time limits before the expiration of a 

time limit established under 19 CFR 

351.301, or as otherwise specified by 

Commerce. In general, an extension 

request will be considered untimely if it 

is filed after the expiration of the time 

limit established under 19 CFR 351.301. 

For submissions that are due from 

multiple parties simultaneously, an 

extension request will be considered 

untimely if it is filed after 10 a.m. ET 

on the due date. Under certain 

circumstances, Commerce may elect to 

specify a different time limit by which 

extension requests will be considered 

untimely for submissions which are due 

from multiple parties simultaneously. In 

such a case, Commerce will inform 

parties in a letter or memorandum of the 

deadline (including a specified time) by 

which extension requests must be filed 

to be considered timely. An extension 

request must be made in a separate, 

stand-alone submission. Commerce will 

grant untimely filed requests for the 

extension of time limits only in limited 

cases where we determine, based on 19 

CFR 351.302, that extraordinary 

circumstances exist. Parties should 

review Commerce’s regulations 

concerning extensions prior to 

submitting extension requests or factual 

information in this investigation.48

Certification Requirements 

Any party submitting factual 

information in an AD or countervailing 

duty (CVD) proceeding must certify to 

the accuracy and completeness of that 


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Federal Register / Vol. 88, No. 218 / Tuesday, November 14, 2023 / Notices 77965 

49See section 782(b) of the Act. 

50See Certification of Factual Information to 

Import Administration During Antidumping and 

Countervailing Duty Proceedings, 78 FR 42678 (July 

17, 2013) (Final Rule). Answers to frequently asked 

questions regarding the Final Rule are available at 

http://enforcement.trade.gov/tlei/notices/factual_

info_final_rule_FAQ_07172013.pdf. 

51Effective October 30, 2023, these changes will 

apply to all AD/CVD proceedings that are ongoing 

on the effective date and all AD/CVD proceedings 

initiated on or after the effective date. See 

Administrative Protective Order, Service, and Other 

Procedures in Antidumping and Countervailing 

Duty Proceedings, 88 FR 67069 (September 29, 

2023). 

information.49 Parties must use the 

certification formats provided in 19 CFR 

351.303(g).50 Commerce intends to 

reject factual submissions if the 

submitting party does not comply with 

the applicable certification 

requirements. 

Notification to Interested Parties 

Interested parties must submit 

applications for disclosure under APO 

in accordance with 19 CFR 351.305. 

Parties wishing to participate in this 

investigation should ensure that they 

meet the requirements of 19 CFR 

351.103(d) (e.g., by filing the required 

letter of appearance). Note that 

Commerce has modified its regulations 

to make permanent certain changes to 

its service procedures that were adopted 

on a temporary basis due to COVID–19, 

as well as to make additional 

clarifications and corrections to its AD/ 

CVD regulations.51

This notice is issued and published 

pursuant to sections 732(c)(2) and 777(i) 

of the Act, and 19 CFR 351.203(c). 

Dated: November 6, 2023. 

Abdelali Elouaradia, 

Deputy Assistant Secretary for Enforcement 

and Compliance. 

Appendix—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 (also known as 

bias construction or bias-ply). 

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 are included in the 

scope, 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 busses. 

Sizes that fit trucks and busses 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 busses, 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) nonpneumatic 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 (also known as non-radial 

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: 

4011.90.1010, 4011.90.1050, 4011.90.2010, 

4011.90.2050, 4011.90.8010, 4011.90.8050, 

8708.70.4530, 8708.70.4546, 8708.70.4548, 

8708.70.4560, 8708.70.6030, 8708.70.6045, 

8708.70.6060, and 8716.90.5059. 

While HTSUS subheadings are provided 

for convenience and for customs purposes, 

the written description of the subject 

merchandise is dispositive. 

[FR Doc. 2023–24994 Filed 11–13–23; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

Meeting of the President’s Export 

Council 

AGENCY: International Trade 

Administration, U.S. Department of 

Commerce. 

ACTION: Notice of an open meeting. 

SUMMARY: The President’s Export 

Council (Council) will hold a meeting to 

deliberate on recommendations related 

to promoting the expansion of U.S. 

exports. Meeting topics will include 

strengthening U.S. leadership in clean 

technologies and climate solutions, 

promoting U.S. agricultural trade, and 

enhancing U.S. manufacturing 

competitiveness. The final agenda will 

be posted at least one week in advance 

of the meeting on the President’s Export 

Council website at https://

www.trade.gov/presidents-exportcouncil. 

DATES: November 29, 2023 at 9:30 a.m. 

ET. 

ADDRESSES: The President’s Export 

Council meeting will be broadcast via 

live webcast on the internet. Please visit 

the Council’s website at https://

www.trade.gov/presidents-exportcouncil for the link to the live webcast 

on the day of the meeting. 

FOR FURTHER INFORMATION CONTACT: 

Tricia Van Orden, Designated Federal 

Officer, President’s Export Council, 

Room 3424, 1401 Constitution Avenue 

NW, Washington, DC 20230, telephone: 

202–482–5876, email: tricia.vanorden@

trade.gov. 

Press inquiries should be directed to 

the International Trade Administration’s 

Office of Public Affairs, telephone: 202– 

482–3809. 

SUPPLEMENTARY INFORMATION: 

Background: The President’s Export 

Council was first established by 

Executive Order on December 20, 1973 

to advise the President on matters 

relating to U.S. export trade and to 

report to the President on its activities 

and recommendations for expanding 

U.S. exports. The President’s Export 

Council was renewed most recently by 

Executive Order 14109 of September 29, 

2023, for the two-year period ending 

September 30, 2025. This Committee is 

governed in accordance with the 

provisions of the Federal Advisory 

Committee Act (FACA), as amended, 5 

U.S.C. 1001 et seq. 

Public Submissions: The public is 

invited to submit written statements to 

the President’s Export Council. 

Statements must be received by 5 p.m. 

ET on November 27, 2023 by the 

following methods: 

a. Electronic Submissions 

Submit statements electronically to 

Tricia Van Orden, Designated Federal 

Officer, President’s Export Council via 

email: tricia.vanorden@trade.gov. 


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