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PRESS RELEASE

Date: 24th February 2017

Title: International Trade Commission Rejects AD/CV Duties on Trucks and Bus Tires from China

By a vote of 3 2, the United States International Trade Commission (USITC) decided

that truck and bus tires (TBT) from China did not materially injure a domestic industry
in the United States or threaten a domestic industry with material injury.

This vote means that additional antidumping duty (ADD) and countervailing duty
(CVD) will not be imposed on Chinese TBT imports. In addition, ADD/CVD which
importers have been required to deposit on TBT shipments entered in the past year will
be refunded. Instructions will be issued by the Department of Commerce (DOC) to
Customs in the near future instructing Customs officials to refund ADD/CVD to
importers. Chinese producers and exporters (the China Rubber Industry Association
and the Subcommittee of Tire Producers of the China Chamber of Commerce Metals,
Minerals and Chemical Importers) were represented by GDLSK LLP throughout the
USITC proceedings.

If the USITC had reached an affirmative decision, Chinese TBT importers would have
been required to deposit ADD/CVD of between 23.38% and 66.27% with each entry.
We note that ADD/CVD Orders remain in place for off the road tires (OTR) and
passenger and light truck tires (PVLT), and that OTR and PVLT importers are required
to deposit ADD/CVD on entries of those products.

The petitioners in the TBT case have the right to challenge the USITCs negative
decision in the Court of International Trade (CIT). If an action is filed in the CIT, a
decision from the court would not be published for at least one year from now.
ADD/CVD will not be collected on entries unless and until the CIT issues a final
decision reversing the USITC. A final CIT decision reversing the USITC will apply to
shipments entered on and after the CIT decision is published; it will not apply to
shipments entered before publication. There is no formal timetable for litigation in the
CIT and no time limit in which the court is required to issue a decision. GDLSK will be
involved in the litigation and will advise clients as to what is taking place.
Petitioning unions can bring a new ADD/CVD case any time. As a practical matter,
petitioners normally wait 1 2 years before refiling, because they need to establish that
there has been a change in circumstances which will result in the Commission deciding
that there is now material injury or a threat thereof. For TBTs, the possibility exists that
the Petitioning Unions may file a new petition sooner, since a sixth Commissioner will
be appointed in the near future, and had his/her vote been affirmative, the USITC would
have found in favor of petitioners (3 -3 ties result in affirmative injury determinations). If
a new petition is filed, ADD/CVD cannot be assessed retroactively on shipments
entered prior to an affirmative preliminary determination in the new case (or 90 days
prior thereto if critical circumstances are found).

If you have questions regarding this case, including recovery of ADD/CVD deposits,
please feel free to contact Max Schutzman ( mschutzman@gdlsk.com), Ned Marshak
(nmarshak@gdlsk.com), Erik Smithweiss ( esmithweiss@gdlsk.com) or other attorneys
at Council member firm Grunfeld, Desiderio, Lebowitz, Silverman & Klestadt LLP.

This press release was distributed by the International Trade Council.

International Trade Council Member news does not necessarily represent the views of
the Trade Council nor the Council's employees. For more information on the
International Trade council please visit http://www.tradecouncil.org or drop by on Twitter
at http:/www.twitter.com/inttradecouncil