More Chinese OTR tire importers file suit against US duties

Washington — Two more Chinese off-the-road tire importers have filed complaints with the US Court of International Trade, taking issue with the US Department of Commerce’s anti-dumping rate calculations after a routine administrative review.

The new complaints bring the total to four, out of six, Chinese OTR importers who were subject to the review.

Trelleborg Wheel Systems (Xingtai) Co. Ltd filed its complaint with the trade court 2 May, three days after the briefs filed by Qingdao Qihang Tyre Co. Ltd and Qingdao Free Trade Zone Full-World International Trading Co. Ltd.

The complaint by Xuzhou Xugong Tyres Co. Ltd followed on 5 May.

All four complaints concern the results of Commerce’s review of anti-dumping duties for Chinese OTR tires between 1 Sept, 2013 and 31 Aug, 2014. Published in the 20 April Federal Register, this was a routine five-year review as mandated by the Trade Act of 1930.

In that review, Trelleborg was assigned an anti-dumping duty rate of 70.55 percent, as were three other companies—Full-World, Tianjin Leviathan International Trade Co. Ltd and Weihai Zhongwei Rubber Co. Ltd.

Qihang was assessed a rate of 79.86 percent, and Xuzhou a rate of 65.33 percent.

All four complaints challenge the agency’s methods of calculating the anti-dumping duties against the importers, albeit on different points.

All four importers ask the trade court to remand the duties to Commerce for recalculation, as well as for whatever other relief the court deems appropriate.

According to Xugong, Commerce ignored the company’s case brief requesting that Peru be selected as the primary surrogate country used for constructing normal value. Commerce chose Thailand instead.

Xugong also said Commerce miscalculated the distance from Bangkok to the nearest seaport, as well as the value of Thai reclaimed rubber, both important figures in calculating anti-dumping duties.

Trelleborg claimed that Commerce refused the company’s request to be both a mandatory and a voluntary respondent to the agency’s queries in the antidumping review.

The agency also erred in using the data from the two mandatory respondents—Qihang and Xugong—to calculate Trelleborg’s duties, the company said.

As of 6 May, all the complainants, except Xugong, had won a preliminary injunction against Commerce from the trade court.

As of that date, Tianjin Leviathan and Weihai Zhongwei had not filed complaints. However, the companies have 30 days counting from 20 April to do so.