New Antidumping Duty Petition on Truck and Bus Tires From Thailand

At a Glance

• The United Steelworkers filed an antidumping petition on truck and bus tires from Thailand.
• An antidumping investigation related to this petition could lead to increased prices and/or decreased supply of truck and bus tires.
• The U.S. Department of Commerce is expected to begin its antidumping investigation on November 6, 2023.

On October 17, 2023, the United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, AFL-CIO, CLC (Petitioner) filed an antidumping duty (AD) petition on truck and bus tires from Thailand.

The U.S. antidumping law imposes special tariffs to counteract imports that are sold in the United States at less than “normal value.” For antidumping duties to be imposed, the U.S. government must determine not only that dumping is occurring, but also that there is “material injury” (or threat thereof) by reason of the dumped imports. Importers are liable for any potential antidumping duties imposed. In addition, this investigation could impact purchasers by increasing prices and/or decreasing supply of truck and bus tires from Thailand.

Scope:

Per the Petition:

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.

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 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: 4011.69.0020, 4011.69.0090, 4011.70.00, 4011.90.80, 4011.99.4520, 4011.99.4590, 4011.99.8520, 4011.99.8590, 8708.70.4530, 8708.70.6030, 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.

Estimated Dumping Margin:

The Petitioner alleges a dumping margin of 47.81%.

Estimated Schedule of Investigations:

The following is an estimated schedule of investigations by the U.S. Department of Commerce (DOC) and the U.S. International Trade Commission (ITC):

• October 17, 2023: Petition is filed.
• November 6, 2023: DOC initiates investigations.
• November 7, 2023: ITC staff conference (estimated).
• December 1, 2023: Deadline for ITC preliminary injury determination.
• March 25, 2024: Deadline for DOC preliminary determination, if deadline is NOT postponed.
• May 14, 2024: Deadline for DOC preliminary determination, if deadline is fully postponed.
• September 26, 2024: Deadline for DOC final determination, if preliminary deadline is fully postponed.
• November 10, 2024: Deadline for ITC final injury determination, if DOC deadline is fully postponed.