WASHINGTON — The International Trade Commission is conducting a review of antidumping and countervailing duties imposed in 2017 on imports of certain off-the-road tires from India to determine whether they should be continued.
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.
The duties were the result of petitions from Titan Tire Corp. and the United Steelworkers 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."
According to data presented by Titan Tire in its submission to the ITC, the number of pneumatic OTR tires imported from India exceeded 2 million units last year for the first time, up from 1.3 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.
Comparable data on the domestic industry's output and/or sales are not available.
The ITC opened the review process in early February, in line with regulations governing the nation's import/export laws.
According to those bylaws, the Commerce has 240 days from Feb. 1 — the day it published the notice of review in the Federal Register — to make a determination whether to revoke or continue the duties. At that point, the ITC will have 120 days to review Commerce's decision and render its "final determination" in the case.
Unless either Commerce or the ITC determines the review is "extraordinarily complicated" — which could delay the case by up to 90 days — the ITC would publish its determination in January 2023.
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.
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.
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.
