WASHINGTON — The International Trade Commission (ITC) is proceeding with a review of antidumping and countervailing duties imposed in 2017 on imports of certain off-the-road (OTR) tires from India to determine whether the duties should be continued.
The agency has scheduled an in-person hearing for March 2, 2023, at the ITC Building in Washington starting at 9:30 a.m. Requests to appear at the hearing should be filed in writing with the Secretary to the Commission on or before Feb. 22, 2023.
The duties under review were the result of petitions from Titan Tire Corp. and the United Steelworkers (USW) union, requesting relief under Sections 701 and 731 of the Trade Act. The duties imposed, though, were considered relatively insignificant — antidumping of 3.67% industrywide and countervailing duties of 4.72% to 5.36% on specific companies.
Nonetheless, Titan Tire is urging the ITC to keep the duties in place, arguing that revoking the duties "would likely lead to continuation of recurrence of material injury to the U.S. OTR Tire industry within a reasonably foreseeable time."
The ITC is an independent, nonpartisan, quasi-judicial federal agency that fulfills a range of trade-related mandates. It states its mission is to: Investigate and make determinations in proceedings involving imports claimed to injure a domestic industry or violate U.S. intellectual property rights; provide independent analysis and information on tariffs, trade and competitiveness; and maintain the U.S. tariff schedule.
The agency is reviewing information submitted by affected parties on both sides of the issue to determine where to open a full investigation —which would involve hearings and could take up to 360 days to resolve — an expedited investigation, which would move considerably faster.
According to the ITC, this action covers new pneumatic OTR tires up to 39 inches in rim diameter. The agency defines the category as tires of various types and sizes designed for use principally on vehicles and implements in the agricultural, mining and construction, and other industrial sectors.
According to data presented by Titan Tire in a submission earlier this year to the ITC, the number of pneumatic OTR tires imported from India exceeded 2 million units last year for the first time, up from 1.29 million in 2020 and 1.47 million in 2019.
That translated into $345.5 million, Titan said, based on an average declared customs value of $168.20.
Overall, imports of the subject tires totalled 4.22 million, according to U.S. Department of Commerce data, indicating India accounted for roughly 47% of all imports in the categories under review. The value of these categories combined add up to just over $1 billion.
The USW, one of the original petitioners, has not weighed in on the matter as yet, as is the case with other U.S. companies affected by the duties — Bridgestone Americas, Carlstar Group L.L.C., Goodyear, Specialty Tires of America Inc. and Trelleborg Wheel Systems Americas L.L.C. The latter of these is being acquired by Yokohama Rubber Co. Ltd.
Balkrishna Industries Ltd. and ATC Tires Pvt. Ltd. (Yokohama Rubber Co. Ltd.) — the companies most affected by the duties — both have submitted statements arguing that allowing the duties to lapse "will not lead to continuation or recurrence of material injury to the domestic industry."
In addition, India's Apollo Tyres Ltd. and JK Tyres & Industries Ltd. filed briefs, explaining they do not participate in the OTR tire sector in the U.S.