[Federal Register Volume 88, Number 218 (Tuesday, November 14, 2023)]
[Notices]
[Pages 77960-77965]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-24994]


-----------------------------------------------------------------------

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;

[[Page 77961]]

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\
---------------------------------------------------------------------------

    \1\ See 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).
---------------------------------------------------------------------------

    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\
---------------------------------------------------------------------------

    \2\ See 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.
    \3\ See 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).
---------------------------------------------------------------------------

    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\
---------------------------------------------------------------------------

    \4\ See Petition at Volume I at 2.
    \5\ See infra, section on ``Determination of Industry Support 
for the Petition.''
---------------------------------------------------------------------------

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.
---------------------------------------------------------------------------

    \6\ See Supplemental Questionnaire; see also Memorandum, dated 
November 1, 2023.
    \7\ See First Petition Supplement at 3 and Exhibit Supp-I-1; see 
also Third Petition Supplement at 2 and Exhibit 1.
---------------------------------------------------------------------------

    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.
---------------------------------------------------------------------------

    \8\ See Antidumping Duties; Countervailing Duties, Final Rule, 
62 FR 27296, 27323 (May 19, 1997) (Preamble).
    \9\ See 19 CFR 351.102(b)(21) (defining ``factual 
information'').
    \10\ The 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.'')
---------------------------------------------------------------------------

    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.
---------------------------------------------------------------------------

    \11\ See 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.
---------------------------------------------------------------------------

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

[[Page 77962]]

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.
---------------------------------------------------------------------------

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

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\
---------------------------------------------------------------------------

    \13\ See section 771(10) of the Act.
    \14\ See 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)).
---------------------------------------------------------------------------

    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\
---------------------------------------------------------------------------

    \15\ See 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.
    \16\ For 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.
---------------------------------------------------------------------------

    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\
---------------------------------------------------------------------------

    \17\ See Petition at Volume I (pages 6-8 and Exhibit I-3); see 
also First Petition Supplement at Exhibit Supp-I-8.
    \18\ See Petition at Volume I (pages 6-8 and Exhibit I-3); see 
also First Petition Supplement at 6-7 and Exhibit Supp-I-8.
    \19\ See Petition at Volume I (pages 7-8 and Exhibit I-3); see 
also First Petition Supplement at 7 and Exhibit Supp-I-8.
    \20\ See First Petition Supplement at 7-8 and Exhibits Supp-I-7 
and Supp-I-8.
    \21\ See Petition at Volume I (pages 6-8 and Exhibit I-3); see 
also First Petition Supplement at 7-8 and Exhibit Supp-I-8.
    \22\ See Petition at Volume I (page 8); see also First Petition 
Supplement at 6-7 and Exhibit Supp-I-8.
    \23\ See 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.
---------------------------------------------------------------------------

    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,

[[Page 77963]]

2023, the petitioner provided rebuttal comments.\25\
---------------------------------------------------------------------------

    \24\ See Omni's Letter, ``Comments on Industry Support,'' dated 
October 30, 2023.
    \25\ See Petitioner's Letter, ``Rebuttal to Industry Support 
Comments,'' dated November 1, 2023 (Petitioner's Response).
---------------------------------------------------------------------------

    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\
---------------------------------------------------------------------------

    \26\ See AD Initiation Checklist at Attachment II; see also 
section 732(c)(4)(D) of the Act.
    \27\ See AD Initiation Checklist at Attachment II.
    \28\ Id.
    \29\ Id.
---------------------------------------------------------------------------

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\
---------------------------------------------------------------------------

    \30\ See Petition at Volume I (page 15 and Exhibit I-4).
---------------------------------------------------------------------------

    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\
---------------------------------------------------------------------------

    \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.
    \32\ See 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).
---------------------------------------------------------------------------

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\
---------------------------------------------------------------------------

    \33\ See AD Initiation Checklist.
---------------------------------------------------------------------------

Normal Value <SUP>34</SUP>
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

    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.
---------------------------------------------------------------------------

    \35\ See AD Initiation Checklist.
---------------------------------------------------------------------------

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\
---------------------------------------------------------------------------

    \36\ Id.
---------------------------------------------------------------------------

    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\
---------------------------------------------------------------------------

    \37\ See Petition at Volume II (page II-5); see also AD 
Initiation Checklist.
    \38\ See AD Initiation Checklist.
    \39\ Id.
    \40\ Id.
---------------------------------------------------------------------------

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\
---------------------------------------------------------------------------

    \41\ Id.
---------------------------------------------------------------------------

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.

[[Page 77964]]

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.
---------------------------------------------------------------------------

    \42\ See Petition at Volume I (Exhibit I-8).
---------------------------------------------------------------------------

    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.
---------------------------------------------------------------------------

    \43\ See Memorandum, ``Release of U.S. Customs and Border 
Protection Data,'' dated November 1, 2023.
---------------------------------------------------------------------------

    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.
---------------------------------------------------------------------------

    \44\ See section 733(a) of the Act.
    \45\ Id.
---------------------------------------------------------------------------

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.
---------------------------------------------------------------------------

    \46\ See 19 CFR 351.301(b).
    \47\ See 19 CFR 351.301(b)(2).
---------------------------------------------------------------------------

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\
---------------------------------------------------------------------------

    \48\ See 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.
---------------------------------------------------------------------------

Certification Requirements

    Any party submitting factual information in an AD or countervailing 
duty (CVD) proceeding must certify to the accuracy and completeness of 
that

[[Page 77965]]

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.
---------------------------------------------------------------------------

    \49\ See section 782(b) of the Act.
    \50\ See 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.
---------------------------------------------------------------------------

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\
---------------------------------------------------------------------------

    \51\ Effective 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).
---------------------------------------------------------------------------

    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) non-pneumatic tires, such as solid 
rubber tires; and (3) tires that exhibit each of the following 
physical characteristics: (a) the designation ``MH'' is molded into 
the tire's sidewall as part of the size designation; (b) the tire 
incorporates a warning, prominently molded on the sidewall, that the 
tire is for ``Mobile Home Use Only;'' and (c) the tire is of bias 
construction (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