Truck and Bus Tires From Thailand: Antidumping Duty Order

<NOTICE> DEPARTMENT OF COMMERCE <SUBAGY>International Trade Administration</SUBAGY> <DEPDOC>[A-549-848]</DEPDOC> <SUBJECT>Truck and Bus Tires From Thailand: Antidumping Duty Order</SUBJECT> <HD SOURCE="HED">AGENCY:</HD> Enforcement and Compliance, International Trade Administration, Department of Commerce. <SUM> <HD SOURCE="HED">SUMMARY:</HD> Based on the affirmative final determinations by the U.S. Department of Commerce (Commerce) and the U.S. International Trade Commission (ITC), Commerce is issuing an antidumping duty order on truck and bus tires from Thailand. </SUM> <DATES> <HD SOURCE="HED">DATES:</HD> Applicable December 17, 2024. </DATES> <FURINF> <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD> Faris Montgomery or Jonathan Schueler, AD/CVD Operations, Office VIII, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-1537 or (202) 482-9175, respectively. </FURINF> <SUPLINF> <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD> <HD SOURCE="HD1">Background</HD> In accordance with sections 735(d) and 777(i) of the Tariff Act of 1930, as amended (the Act), on October 17, 2024, Commerce published in the <E T="04">Federal Register</E> its affirmative final determination of sales at less-than-fair-value (LTFV) in the investigation of truck and bus tires from Thailand. <SU>1</SU> <FTREF/> As part of its determination, Commerce made an affirmative crticial cirumstances finding for Bridgestone Corporation in the LTFV investigation. Pursuant to section 735(d) of the Act, on December 2, 2024, the ITC notified Commerce of its affirmative final determination that an industry in the United States is materially injured, within the meaning of section 735(b)(1)(A)(i) of the Act, by reason of imports of truck and bus tires from Thailand that are sold in the United States at LTFV. <SU>2</SU> <FTREF/> On December 6, 2024, in accordance with section 735(d) of the Act, the ITC published in the <E T="04">Federal Register</E> its affirmative final injury determination in this investigation in which it found that an industry in the United States is materially injured by reason of imports of truck and bus tires from Thailand. <SU>3</SU> <FTREF/> In addition, the ITC found that critical circumstances do not exist with regard to imports of truck and bus tires from Thailand. <SU>4</SU> <FTREF/> <FTNT> <SU>1</SU>   <E T="03">See Truck and Bus Tires from Thailand: Final Affirmative Determination of Sales at Less Than Fair Value and Final Affirmative Determination of Critical Circumstances, in Part,</E> 89 FR 83636 (October 17, 2024) ( <E T="03">Final Determination</E> ), and accompanying Issues and Decision Memorandum. </FTNT> <FTNT> <SU>2</SU>   <E T="03">See</E> ITC's Letter, “Notification of ITC Final Determination,” dated December 2, 2024. </FTNT> <FTNT> <SU>3</SU>   <E T="03">See Truck and Bus Tires from Thailand,</E> 89 FR 97069 (December 6, 2024) ( <E T="03">ITC Final Determination</E> ). </FTNT> <FTNT> <SU>4</SU>   <E T="03">Id.</E> </FTNT> <HD SOURCE="HD1">Scope of the Order</HD> The products covered by this order are truck and bus tires from Thailand. For a complete description of the scope of this order, <E T="03">see</E> the appendix to this notice. <HD SOURCE="HD1">Antidumping Duty Order</HD> Based on the above-referenced affirmative final determinations, in accordance with sections 735(c)(2) and 736 of the Act, Commerce is issuing this antidumping duty order. Moreover, because the ITC determined that U.S. imports of truck and bus tires from Thailand are materially injuring a U.S. industry, unliquidated entries of such merchandise from Thailand, entered or withdrawn from warehouse for consumption, as described below, are subject to the assessment of antidumping duties. Therefore, in accordance with section 736(a)(1) of the Act, Commerce will direct U.S. Customs and Border Protection (CBP) to assess, upon further instruction by Commerce, antidumping duties equal to the amount by which the normal value of the merchandise exceeds the export price or constructed export price of the merchandise, for all relevant entries of truck and bus tires from Thailand. With the exception of entries occurring after expiration of the provisional measures period, but before publication of the ITC's final affirmative injury determination, as further described below, antidumping duties will be assessed on unliquidated U.S. entries of truck and bus tires from Thailand entered, or withdrawn from warehouse, for consumption on or after the date on which the suspension of liquidation was first ordered. As discussed in the <E T="03">Final Determination,</E> with respect to Prinx Chengshan Tire (Thailand) Co., Ltd. (Prinx) this date is October 17, 2024, the date of publication of the <E T="03">Final Determination</E> in the <E T="04">Federal Register</E> . <SU>5</SU> <FTREF/> With respect to Bridgestone Corporation and all other companies, this date is May 20, 2024, the date of publication of the <E T="03">Preliminary Determination</E> in the <E T="04">Federal Register</E> . <SU>6</SU> <FTREF/> <FTNT> <SU>5</SU>   <E T="03">See Final Determination,</E> 89 FR at 83638. </FTNT> <FTNT> <SU>6</SU>   <E T="03"> Id.; see also Truck and Bus Tires from Thailand: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Preliminary Negative Determination of Critical Circumstances, and Postponement of Final Determination, </E> 89 FR 43806 (May 20, 2024) ( <E T="03">Preliminary Determination</E> ). </FTNT> <HD SOURCE="HD1">Critical Circumstances</HD> With respect to the ITC's negative critical circumstances determination on imports of truck and bus tires from Thailand, we will instruct CBP to lift the suspension of liquidation and to refund all cash deposits for estimated antidumping duties with respect to entries of the subject merchandise entered, or withdrawn from warehouse, for consumption on or after February 20, 2024, which is 90 days prior to the publication of the <E T="03">Preliminary Determination,</E> but before May 20, 2024, which is the date of publication of the <E T="03">Preliminary Determination.</E> <SU>7</SU> <FTREF/> <FTNT> <SU>7</SU>   <E T="03">See Preliminary Determination.</E> </FTNT> <HD SOURCE="HD1">Continuation of Suspension of Liquidation and Cash Deposits</HD> Except as noted in the “Provisional Measures” section of this notice below, in accordance with section 736 of the Act, Commerce will instruct CBP to continue to suspend liquidation of all relevant entries of truck and bus tires from Thailand. These instructions suspending liquidation will remain in effect until further notice. Commerce will also instruct CBP to require cash deposits at a rate equal to the estimated weighted-average dumping margins listed in the table below. Accordingly, effective on the date of publication in the <E T="04">Federal Register</E> of the notice of the ITC's affirmative final injury determination, CBP will suspend the entries of liquidation of entries of subject merchandise and require, at the same time as importers would normally deposit estimated duties on subject merchandise, a cash deposit equal to the weighted-average dumping margins listed in the table below. The all-others rate applies to all producers or exporters not specifically listed, as appropriate. <HD SOURCE="HD1">Estimated Weighted-Average Dumping Margins</HD> The estimated weighted-average dumping margins for this antidumping duty order are as follows: <GPOTABLE COLS="2" OPTS="L2,tp0,i1" CDEF="s50,9"> <TTITLE> </TTITLE> <CHED H="1">Producer or exporter</CHED> <ENT I="01">Bridgestone Corporation</ENT> <ENT>48.39</ENT> </ROW> <ROW> <ENT I="01">Prinx Chengshan Tire (Thailand) Co., Ltd</ENT> <ENT>12.33</ENT> </ROW> <ROW> <ENT I="01">All Others</ENT> <ENT>12.33</ENT> </ROW> </GPOTABLE> <HD SOURCE="HD1">Provisional Measures</HD> Section 733(d) of the Act states that suspension of liquidation pursuant to an affirmative preliminary determination may not remain in effect for more than four months, except where exporters representing a significant proportion of exports of the subject merchandise request that Commerce extend the four-month period to no more than six months. Commerce published the <E T="03">Preliminary Determination</E> in this investigation on May 20, 2024. Commerce extended the deadline for issuing its final determination in this investigation, which it published in the <E T="04">Federal Register</E> on October 17, 2024. Therefore, the six-month provisional measures period beginning on the date of publication of the <E T="03">Preliminary Determination</E> for Bridgestone and all other companies ended on November 15, 2024. As noted above, suspension of liquidation for Prinx was not ordered until October 17, 2024, the date of publication of the <E T="03">Final Determination</E> in the <E T="04">Federal Register</E> ;  <SU>8</SU> <FTREF/> therefore, the six-month provisional measures period for Prinx has not yet ended. <FTNT> <SU>8</SU>   <E T="03">See Final Determination,</E> 89 FR at 83638. </FTNT> Consequently, in accordance with section 733(d) of the Act, Commerce will instruct CBP to terminate the suspension of liquidation, and to liquidate, without regard to antidumping duties, unliquidated U.S. entries of truck and bus tires from Thailand entered, or withdrawn from warehouse, for consumption on or after November 16, 2024, the first day on which the provisional measures were no longer in effect for Bridgestone and all other companies, through the day preceding the date of publication of the <E T="03">ITC Final Determination</E> in the <E T="04">Federal Register</E> . 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