Pneumatic off-the-road tires
USITC Makes Determinations in Five-Year (Sunset) Reviews Concerning Pneumatic Off-The-Road Tires from India
The U.S. International Trade Commission (USITC) today determined that revoking the existing antidumping and countervailing duty orders on pneumatic off-the-road tires from India would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time.
As a result of the Commission’s affirmative determinations, the existing orders on imports of this product from India will remain in place.
Chairman David S. Johanson and Commissioners Rhonda K. Schmidtlein, Jason E. Kearns, Randolph J. Stayin, and Amy A. Karpel voted in the affirmative.
Today’s action comes under the five-year (sunset) review process required by the Uruguay Round Agreements Act. See the attached page for background on these five-year (sunset) reviews.
The Commission’s public report Pneumatic Off-the-Road Tires from India (Inv. Nos. 701-TA-552 and 731-TA-1308 (Review), USITC Publication 5417, April 2023) will contain the views of the Commission and information developed during the review.
The report will be available by May 25, 2023; when available, it may be accessed on the USITC website at: https://www.usitc.gov/commission_publications_library.
BACKGROUND
The Uruguay Round Agreements Act requires the Department of Commerce to revoke an antidumping or countervailing duty order, or terminate a suspension agreement, after five years unless the Department of Commerce and the USITC determine that revoking the order or terminating the suspension agreement would be likely to lead to continuation or recurrence of dumping or subsidies (Commerce) and of material injury (USITC) within a reasonably foreseeable time.
The Commission’s institution notice in five-year reviews requests that interested parties file responses with the Commission concerning the likely effects of revoking the order under review as well as other information. Generally within 95 days from institution, the Commission will determine whether the responses it has received reflect an adequate or inadequate level of interest in a full review. If responses to the USITC’s notice of institution are adequate, or if other circumstances warrant a full review, the Commission conducts a full review, which includes a public hearing and issuance of questionnaires.
The Commission generally does not hold a hearing or conduct further investigative activities in expedited reviews. Commissioners base their injury determination in expedited reviews on the facts available, including the Commission’s prior injury and review determinations, responses received to its notice of institution, data collected by staff in connection with the review, and information provided by the Department of Commerce.
The five-year (sunset) reviews concerning Pneumatic Off-the-Road Tires from India were instituted on February 1, 2022.
On May 9, 2022, the Commission voted to conduct full reviews. Chairman David S. Johanson and Commissioners Rhonda K. Schmidtlein, Jason E. Kearns, Randolph J. Stayin, and Amy A. Karpel concluded that the domestic interested party group response and the respondent interested party group response were adequate and voted for full reviews.
A record of the Commission’s vote to conduct full reviews is available from the Office of the Secretary, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436. Requests may be made by telephone by calling 202-205-1802.
Certain New Pneumatic Off-the-Road Tires from India and Sri Lanka Injure U.S. Industry, Says USITC
The United States International Trade Commission (USITC) today determined that a U.S. industry is materially injured by reason of imports of certain new pneumatic off-the-road tires from India that the U.S. Department of Commerce (Commerce) has determined are sold in the United States at less than fair value and are subsidized by the governments of India and Sri Lanka.
Chairman Rhonda K. Schmidtlein, Vice Chairman David S. Johanson, and Commissioners Irving A. Williamson, Meredith M. Broadbent, and F. Scott Kieff voted in the affirmative. Commissioner Dean A. Pinkert did not participate in this investigation.
As a result of the USITC’s affirmative determinations, Commerce will issue an antidumping duty order on imports of these products from India and countervailing duty orders on imports of these products from India and Sri Lanka.
The Commission also made negative findings with respect to critical circumstances with regard to subsidized imports of this product from India and Sri Lanka. As a result, goods that entered the United States from these countries prior to June 20, 2016 (the date of Commerce’s affirmative preliminary determinations), will not be subject to retroactive countervailing duties.
The Commission’s public report Certain New Pneumatic Off-the-Road Tires from India and Sri Lanka (Investigation Nos. 701-TA-552-553 and 731-TA-1308 (Final), USITC Publication 4669, February 2017) will contain the views of the Commission and information developed during the investigations.
The report will be available by March 16, 2017; when available, it may be accessed on the USITC website at: http://pubapps.usitc.gov/applications/publogs/qry_publication_loglist.asp.
UNITED STATES INTERNATIONAL TRADE COMMISSION
Washington, DC 20436
FACTUAL HIGHLIGHTS
Certain New Pneumatic Off-the-Road Tires from India and Sri Lanka
Investigations Nos. 701-TA-552-553 and 731-TA-1308 (Final)
Product Description: New pneumatic off-the-road (OTR) tires are typically heavy-duty tires of various types and sizes designed for use principally on vehicles and implements in the agricultural, mining and construction, and other industrial sectors. OTR tires may be either tube-type or tubeless, radial, or non-radial in construction, and produced for sale in the original equipment and replacement markets, whether or not mounted to wheels or rims; however, only the tire is covered by the investigative scope. Subject OTR tire sizes and specifications are reported in sections of the Tire and Rim Association Year Book. Excluded from the scope are mining and construction tires of 39 inch rim diameter and above, on-road consumer and commercial tires bearing the symbol DOT, tires that are not new, solid tires, and certain other tires including those for use on ATVs.
Status of Proceedings:
1. Type of investigations: Final antidumping and countervailing duty.
2. Petitioners: Titan Tire Corporation, Des Moines, Iowa, and the United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, AFL-CIO, CLC of Pittsburgh, Pennsylvania.
3. Investigations instituted by USITC: January 8, 2016.
4. USITC hearing: January 4, 2017.
5. USITC vote: February 3, 2017.
6. USITC notification of Department of Commerce: February 23, 2017.
U.S. Industry:
1. Number of producers: Six.
2. Location of producers’ plants: Illinois, Iowa, Kansas, Ohio, Pennsylvania, South Carolina, and Tennessee.
3. Employment of production and related workers in 2015: [1]
4. Apparent U.S. consumption in 2015: 1
5. Ratio of the value of total U.S. imports to total U.S. consumption in 2015: 1
U.S. Imports:
1. From the subject countries during 2015: $229 million.
2. From other countries during 2015: $829 million.
[1] Withheld to avoid disclosure of business proprietary information.
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USITC Votes to Continue Investigations on Certain New Pneumatic Off-the-Road Tires from India and Sri Lanka; Terminates Investigation on China
The United States International Trade Commission (USITC) today determined that there is a reasonable indication that a U.S. industry is materially injured by reason of imports of certain new pneumatic off-the-road tires from India that are allegedly sold in the United States at less than fair value and subsidized by the governments of India and Sri Lanka.
The Commission further determined that imports of these products from China are negligible.
All six Commissioners voted in the affirmative with respect to India and Sri Lanka and determined that imports under these investigations from China are negligible.
As a result of the Commission’s affirmative determinations, the U.S. Department of Commerce will continue to conduct its investigations on imports of these products from India and Sri Lanka, with its preliminary countervailing duty determinations due on or about April 4, 2016, and its preliminary antidumping duty determinations due on or about June 16, 2016. As a result of the Commission’s finding of negligibility, the investigations on imports of these products from China will be terminated.
The Commission’s public report Certain New Pneumatic Off-the-Road Tires from China, India, and Sri Lanka (Investigation Nos. 701-TA-551-553 and 731-TA-1307-1308 (Preliminary), USITC Publication 4594, March 2016) will contain the views of the Commission and information developed during the investigations.
The report will be available after March 23, 2016. After that date, it may be accessed on the USITC website at: http://pubapps.usitc.gov/applications/publogs/qry_publication_loglist.asp.
UNITED STATES INTERNATIONAL TRADE COMMISSION
Office of Industries
Washington, DC 20436
FACTUAL HIGHLIGHTS
Certain New Pneumatic Off-The-Road Tires from China, India, and Sri Lanka
Investigation Nos. 701-TA-551-553 and 731-TA-1307-1308 (Preliminary)
Product Description: New pneumatic off-the-road (OTR) tires are typically heavy-duty tires of various types and sizes designed for use principally on vehicles and implements in the agricultural, mining and construction, and other industrial sectors. OTR tires may be either tube-type or tubeless, radial, or non-radial in construction, and produced for sale in the original equipment and replacement markets, whether or not mounted to wheels or rims; however, only the tire is covered by the investigative scope. Subject OTR tire sizes and specifications are reported in sections of the Tire and Rim Association Year Book. Excluded from the scope are mining and construction tires of 39 inch rim diameter and above, on-road consumer and commercial tires bearing the symbol DOT, tires that are not new, solid tires, and certain other tires including those for use on ATVs. Chinese unmounted OTR tires subject to existing AD/CVD orders are also excluded.
Status of Proceedings:
1. Type of investigations: Preliminary antidumping and countervailing duty.
2. Petitioners: Titan Tire Corporation, Des Moines, IA, and the United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, AFL-CIO, CLC of Pittsburgh, Pennsylvania Pittsburgh, PA.
3. Preliminary investigations instituted by the USITC: January 8, 2016.
4. Commission’s conference: January 29, 2016.
5. USITC vote: February 19, 2016.
6. USITC determinations to the U.S. Department of Commerce: February 24, 2016.
7. USITC views to the U.S. Department of Commerce: March 2, 2016.
U.S. Industry:
1. Number of producers in 2015: Five.
2. Location of producers’ plants: Illinois, Iowa, Kansas, Ohio, Pennsylvania, and Tennessee.
3. Employment of production and related workers in 2015: [1]
4. Apparent U.S. consumption in 2014: $2.4 billion.
5. Ratio of the value of total U.S. imports to total U.S. consumption in 2014: 48 percent.
U.S. Imports:
1. From the subject countries during 2014: $238 million.
2. From other countries during 2014: $891 million.
[1] Withheld to avoid disclosure of business proprietary information.