On May 13, 2020, The United States Department of Commerce (“DOC”) has received an investigation request for anti-dumping and countervailing measures against passenger and light truck tires (“PVLT tires”) originating from Korea, Taiwan-China, Thailand and Vietnam. The madatory respondents being US importers have also consulted with anti-dumping and countervailing duty lawyers in Vietnam and US to prepare for the investigation cooperation.

1. US Anti-Dumping and Countervailing Duty Petitions of Tire Products
From Vietnam
On May 13, 2020, The United States Department of Commerce (“DOC”) has
received an investigation request for anti-dumping and countervailing measures
against passenger and light truck tires (“PVLT tires”) originating from Korea,
Taiwan-China, Thailand and Vietnam. The madatory respondents being US
importers have also consulted with anti-dumping and countervailing duty
lawyers in Vietnam and US to prepare for the investigation cooperation.
In this case, the plaintiff alleges that the tires under investigation were dumped
and subsidized into the United States market, causing significant damage to the
domestic manufacturing industry. In 2015, the same petitioner succeeded in
securing anti-dumping and countervailing duties on PVLT tires from China.
The scope of these investigations is passenger vehicle and light truck tires.
Passenger vehicle and light truck tires are new pneumatic tires, of rubber, with a
passenger vehicle or light truck size designation. Tires covered by these orders
may be tube-type, tubeless, radial, or nonradial, and they may be intended for
sale to original equipment manufacturers or the replacement market. The
products covered by the investigations are currently classified under the
following Harmonized Tariff Schedule of the United States (“HTSUS”)
subheadings: 4011.10.10.10, 4011.10.10.20, 4011.10.10.30, 4011.10.10.40,
4011.10.10.50, 4011.10.10.60, 4011.10.10.70, 4011.10.50.00, 4011.20.10.05,
and 4011.20.50.10. The scope could also include tires entering under HTSUS
subheadings 4011.90.10.10, 4011.90.10.50, 4011.90.20.10, 4011.90.20.50,

2. 4011.90.80.10, 4011.90.80.50, 8708.70.45.30, 8708.70.45.46, 8708.70.45.48,
8708.70.45.80, 8708.70.60.30, 8708.70.60.45, and 8708.70.60.601
.
Petitioner alleges the following dumping margins: 45.95% to 195.20% for
South Korea, 21% to 102% for Taiwan, 106.4% to 217.5% for Thailand, and
14.73% to 33.06% for Vietnam. The petitions also detail numerous government
subsidies benefitting Vietnamese tire producers, including loans, tax breaks, and
grants. PVLT tire imports from these four countries shot up nearly 20% from
2017 to 2019, reaching 85.3 million tires, valued at 4.4 billion dollars, last year2
.
According to data from the United States International Trade Commission
(“USITC”), the export value of Vietnam's investigated products to the United
States market reached 12.1 million dollars in 2019, accounting for about 6.7%
of total United States imports of this product.
In Vietnam, the product under investigation is a product that has been warned
by the Ministry of Industry and Trade of risks of foreign investigation by
applying trade remedies measures from July 2019 with a high level of warning.
Therefore, in the past time, the Ministry of Industry and Trade has actively
coordinated and worked with associations and exporters to the United States to
actively capture information and respond in case of initiating an investigation.
Under United States regulations, the DOC will consider initiating an
investigation of the case within 20 days of receiving it. In the event that the
DOC decides to initiate an investigation, the Ministry of Industry and Trade of
Vietnam will closely coordinate with export associations and enterprises in

3. investigating the case and have timely support and treatment measures to
protect the legitimate rights and interests of Vietnamese enterprises.
Vietnam international trade lawyers in competition, and anti-dumping practice
will need to be involved with the process including data collection and possibly
initial drafting of questionnaire responses in cooperation with US anti-dumping
and countervailing duty lawyers to defend the case.
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