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Striking back Four Chinese OTR makers file complaint

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WASHINGTON—Four Chinese off-the-road tire importers have filed complaints with the U.S. Court of International Trade, taking issue with the U.S. Department of Commerce's antidumping rate calculations after a routine administrative review.

That means complaints have been filed by four of the six Chinese OTR importers who were subject to the review.

Trelleborg Wheel Systems (Xingtai) Co. Ltd. filed its complaint with the trade court May 2, three days after briefs were filed by Qingdao Qihang Tyre Co. Ltd. and Qingdao Free Trade Zone Full-World International Trading Co. Ltd. A complaint by Xuzhou Xugong Tyres Co. Ltd. followed on May 5.

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

In that review, Trelleborg was assigned an antidumping 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 antidumping 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 antidumping 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. All the complainants have won a preliminary injunction against Commerce from the trade court. As of May 11, Tianjin Leviathan and Weihai Zhongwei had not filed complaints. However, the companies have 30 days from April 20 to do so.