New Antidumping Petitions on Truck and Bus Tires from Thailand

The USW alleges that imports of truck and bus tires from Thailand are injuring the US domestic industry because they are sold in the United States for less than “normal value.”

The USW requests the imposition of significant AD duties on all truck and bus tires from Thailand. AD duties will be imposed if the US Department of Commerce (DOC) determines that such alleged dumping and subsidization is occurring, and if the US International Trade Commission (ITC) determines that there is “material injury” (or the threat thereof) due to the dumped and/or subsidized imports.

If the investigations are affirmative, importers of truck and bus tires from Thailand will be liable for any potential AD duties imposed.AD duties on truck and bus tires from Thailand would be the newest in a set of duties imposed on the same product from China.

Scope of Investigations

Per the petition, these investigations cover new pneumatic truck and bus tires made of rubber, with a truck or bus size designation. Truck and bus tires covered by this investigation may be tube-type, tubeless, radial, or non-radial. At the time of importation, subject tires have 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;
• MH: Identifies tires for mobile homes; and
• HC: Identifies a 17.5-inch rim diameter code for use on low platform trailers.

All tires with a “TR,” “MH,” or “HC” suffix in their size designations are covered by this investigation regardless of their intended use. In addition, all tires that lack one of the above suffix markings are included in the scope, regardless of their intended use, as long as the tire is of a size that is among the numerical size designations listed in the “Truck-Bus” section of the Tire and Rim Association Yearbook, as updated annually, 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 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 of this investigation are the following types of tires: (1) pneumatic tires made of rubber that are not new, including recycled and retreaded tires; and (2) non-pneumatic tires, such as solid rubber tires.

The following products are excluded:

1. Pneumatic tires made 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:
   1.  The designation “MH” is molded into the tire’s sidewall as part of the size designation;
   2. The tire incorporates a warning, prominently molded on the sidewall, that the tire is for “Mobile Home Use Only;” and
   3. The tire is of bias construction, as evidenced by the fact that the construction code included in the size designation molded into the tire’s sidewall is not the letter “R.”

Although not dispositive, imports of covered aluminum extrusions may be classified under the following categories of the Harmonized Tariff Schedule of the United States (HTSUS):

Primarily:

4011.20.1015 and 4011.20.5020.

Others:

4011.90.10, 4011.90.20, 4011.90.80, 8708.70.45, 8708.70.60, and 8716.90.5059.

Alleged AD Margins

• Thailand: AD rates of 47.81% ad valorem.

Estimated Key Dates of Interest to Exporters and Importers

The following are estimated key dates for these investigations, once initiated by the DOC and the ITC:

For further information, please reach out to any of the authors of this alert, or any other member of our team.