[Federal Register Volume 91, Number 16 (Monday, January 26, 2026)]
[Notices]
[Pages 3104-3111]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2026-01456]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-122-875, A-570-219, and A-201-867]
Van-Type Trailers and Subassemblies Thereof From Canada, the
People's Republic of China, and Mexico: Initiation of Less-Than-Fair-
Value Investigations
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
[[Page 3105]]
DATES: Applicable January 20, 2026.
FOR FURTHER INFORMATION CONTACT: Maria Theresa Aymerich (Canada) at
(202) 482-0499; Jacob Waddell (the People's Republic of China (China))
at (202) 482-1369; and Jun Jack Zhao at (202) 482-1396 (Mexico), AD/CVD
Operations, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230.
SUPPLEMENTARY INFORMATION:
The Petitions
On November 20, 2025, the U.S. Department of Commerce (Commerce)
received antidumping duty (AD) petitions concerning imports of van-type
trailers and subassemblies thereof (van-type trailers) from Canada,
China, and Mexico filed in proper form on behalf of the American
Trailer Manufacturers Coalition (the petitioner),\1\ the members of
which are domestic producers of van-type trailers.\2\ The AD Petitions
were accompanied by countervailing duty (CVD) petitions concerning
imports of van-type trailers from Canada, China, and Mexico.\3\
---------------------------------------------------------------------------
\1\ The members of the American Trailer Manufacturers Coalition
are Great Dane LLC, Stoughton Trailers LLC, and Wabash National
Corporation.
\2\ See Petitioner's Letter, ``Petitions for the Imposition of
Antidumping and Countervailing Duties,'' dated November 20, 2025
(Petitions).
\3\ Id.
---------------------------------------------------------------------------
Due to a backlog of documents that were electronically filed via
Enforcement and Compliance's Antidumping and Countervailing Duty
Centralized Electronic Service System (ACCESS) during the Federal
Government shutdown, on November 24, 2025, Commerce tolled all
deadlines in administrative proceedings by 21 days.\4\ The revised
deadline for the initiation of these investigations was December 31,
2025. After considering comments regarding industry support, Commerce
extended the initiation deadline by 20 days to further examine the
issue of industry support, because it was not clear from the Petitions
whether the industry support criteria had been met.\5\
---------------------------------------------------------------------------
\4\ See Memorandum, ``Tolling of all Case Deadlines,'' dated
November 24, 2025.
\5\ See Notice of Extension of the Deadline for Determining the
Adequacy of the Antidumping and Countervailing Duty Petitions:
Certain Van-Type Trailers and Subassemblies Thereof from Canada,
Mexico, and the People's Republic of China, 91 FR 249 (January 5,
2026) (Initiation Deadline Extension Notice).
---------------------------------------------------------------------------
Between November 28, 2025 and January 13, 2026, Commerce requested
supplemental information pertaining to certain aspects of the Petitions
in supplemental questionnaires.\6\ Between December 4, 2025 and January
15, 2026, the petitioner filed timely responses to these requests for
additional information.\7\
---------------------------------------------------------------------------
\6\ See Commerce's Letter, ``Supplemental Questions,'' dated
December 1, 2025 (First General Issues Questionnaire); see also
Country-Specific Supplemental Questionnaires: First Canada
Supplemental and First Mexico Supplemental, dated November 28, 2025;
First China Supplemental, dated December 1, 2025; Commerce's Letter,
``Supplemental Questions,'' dated December 15, 2025 (Second General
Issues Questionnaire); Country-Specific Supplemental Questionnaires:
Second Canada Supplemental, Second Mexico Supplemental, and Second
China Supplemental, dated December 11, 2025; Commerce's Letter,
``Supplemental Questions,'' dated January 7, 2026 (Third General
Issues Questionnaire); Country-Specific Supplemental Questionnaires:
Third China Supplemental, dated December 19, 2025; Third Canada
Supplemental and Third Mexico Supplemental, dated December 22, 2025;
Commerce's Letter, ``Supplemental Questions,'' dated January 13,
2026 (Fourth General Issues Questionnaire); Country-Specific
Supplemental Questionnaires: Fourth Mexico Supplemental and Fourth
China Supplemental, dated January 9, 2026; and Memorandum,
``Teleconference with Counsel to the Petitioner,'' dated January 9,
2026 (Fourth Canada Supplemental).
\7\ See Petitioner's Letter, ``Petitioner Response to First
Supplemental Questionnaire Regarding Common Issues and Injury Volume
I of the Petition,'' dated December 8, 2025 (First General Issues
Supplement); see also Country-Specific AD Supplemental Responses:
First Canada AD Supplement and First Mexico AD Supplement, dated
December 4, 2025; First China AD Supplement, dated December 5, 2025;
Petitioner's Letter, ``Response to the Second Supplemental
Questionnaire Regarding Common Issues and Injury Volume I of the
Petition,'' dated December 18, 2025 (Second General Issues
Supplement); Country-Specific AD Supplemental Responses: Second
China AD Supplement, dated December 15, 2025, Second Canada AD
Supplement and Second Mexico AD Supplement, dated December 18, 2025;
Petitioner's Letter, ``Response to the Third Supplemental
Questionnaire Regarding Common Issues and Injury Volume I of the
Petition,'' dated January 9, 2026 (Third General Issues Supplement);
Country-Specific AD Supplemental Responses: Third Canada AD
Supplement, Third Mexico AD Supplement, Third China AD Supplement,
dated December 29, 2025; Petitioner's Letter, ``Response to the
Fourth Supplemental Questionnaire Regarding Common Issues and Injury
Volume I of the Petition,'' dated January 15, 2026 (Fourth General
Issues Supplement); and Country-Specific AD Supplemental Responses:
Fourth Canada AD Supplement, Fourth Mexico AD Supplement, Fourth
China AD Supplement, dated January 13, 2026.
---------------------------------------------------------------------------
In accordance with section 732(b) of the Tariff Act of 1930, as
amended (the Act), the petitioner alleges that imports of van-type
trailers from Canada, China, and Mexico are being, or are likely to be,
sold in the United States at less than fair value (LTFV) within the
meaning of section 731 of the Act, and that imports of such products
are materially injuring, or threatening material injury to, the van-
type trailers industry in the United States. Consistent with section
732(b)(1) of the Act, the Petitions were accompanied by information
reasonably available to the petitioner supporting its allegations.
Commerce finds that the petitioner filed the Petitions on behalf of
the domestic industry, because the petitioner is an interested party,
as defined in section 771(9)(F) of the Act.\8\ Commerce also finds that
the petitioner demonstrated sufficient industry support for the
initiation of the requested LTFV investigations.\9\
---------------------------------------------------------------------------
\8\ The members of the petitioning coalition are interested
parties under section 771(9)(C) of the Act.
\9\ See section on ``Determination of Industry Support for the
Petitions,'' infra.
---------------------------------------------------------------------------
Periods of Investigation
Because the Petitions were filed on November 20, 2025, pursuant to
19 CFR 351.204(b)(1), the period of investigation (POI) for the Canada
and Mexico LTFV investigations is October 1, 2024, through September
30, 2025. Because China is a non-market economy (NME) country, pursuant
to 19 CFR 351.204(b)(1), the POI for the China LTFV investigation is
April 1, 2025, through September 30, 2025.
Scope of the Investigations
The products covered by these investigations are van-type trailers
from Canada, China, and Mexico. For a full description of the scope of
these investigations, see the appendix to this notice.
Comments on the Scope of the Investigations
On December 1 and 15, 2025, Commerce requested information and
clarification from the petitioner regarding the proposed scope to
ensure that the scope language in the Petitions is an accurate
reflection of the products for which the domestic industry is seeking
relief.\10\ On December 8 and 18, 2025, the petitioner provided
clarifications and revised the scope.\11\ The description of
merchandise covered by these investigations, as described in the
appendix to this notice, reflects these clarifications.
---------------------------------------------------------------------------
\10\ See First General Issues Questionnaire; see also Second
General Issues Questionnaire.
\11\ See First General Issues Supplement at 2-23 and Exhibits I-
Supp-2 and I-Supp-3; see also Second General Issues Supplement at 1-
4 and Exhibits I-Supp2-1 through I-Supp2-4.
---------------------------------------------------------------------------
As discussed in the Preamble to Commerce's regulations, we are
setting aside a period for interested parties to raise issues regarding
product coverage (i.e., scope).\12\ Commerce will consider all scope
comments received from
[[Page 3106]]
interested parties and, if necessary, will consult with interested
parties prior to the issuance of the preliminary determinations. If
scope comments include factual information,\13\ all such factual
information should be limited to public information. Commerce requests
that interested parties provide at the beginning of their scope
comments a public executive summary for each comment or issue raised in
their submission. Commerce further requests that interested parties
limit their public executive summary of each comment or issue to no
more than 450 words, not including citations. Commerce intends to use
the public executive summaries as the basis of the comment summaries
included in the analysis of scope comments. To facilitate preparation
of its questionnaires, Commerce requests that scope comments be
submitted by 5:00 p.m. Eastern Time (ET) on February 9, 2026, which is
20 calendar days from the signature date of this notice. Any rebuttal
comments, which may include factual information, and should also be
limited to public information, must be filed by 5:00 p.m. ET on
February 19, 2026, which is 10 calendar days from the initial comment
deadline.
---------------------------------------------------------------------------
\12\ See Antidumping Duties; Countervailing Duties, Final Rule,
62 FR 27296, 27323 (May 19, 1997) (Preamble); see also 19 CFR
351.312.
\13\ See 19 CFR 351.102(b)(21) (defining ``factual
information'').
---------------------------------------------------------------------------
Commerce requests that any factual information that parties
consider relevant to the scope of these investigations be submitted
during that period. However, if a party subsequently finds that
additional factual information pertaining to the scope of the
investigations may be relevant, the party must contact Commerce and
request permission to submit the additional information. All scope
comments must be filed simultaneously on the records of the concurrent
LTFV and CVD investigations.
Filing Requirements
All submissions to Commerce must be filed electronically via
Enforcement and Compliance's Antidumping Duty and Countervailing Duty
Centralized Electronic Service System (ACCESS), unless an exception
applies.\14\ An electronically filed document must be received
successfully in its entirety by the time and date it is due.
---------------------------------------------------------------------------
\14\ See Antidumping and Countervailing Duty Proceedings:
Electronic Filing Procedures; Administrative Protective Order
Procedures, 76 FR 39263 (July 6, 2011); see also Enforcement and
Compliance: Change of Electronic Filing System Name, 79 FR 69046
(November 20, 2014) for details of Commerce's electronic filing
requirements, effective August 5, 2011. Information on using ACCESS
can be found at https://access.trade.gov/help.aspx and a handbook
can be found at https://access.trade.gov/help/Handbook_on_Electronic_Filing_Procedures.pdf.
---------------------------------------------------------------------------
Comments on Product Characteristics
Commerce is providing interested parties an opportunity to comment
on the appropriate physical characteristics of van-type trailers to be
reported in response to Commerce's AD questionnaires. This information
will be used to identify the key physical characteristics of the
subject merchandise in order to report the relevant factors of
production (FOP) or cost of production (COP) accurately, as well as to
develop appropriate product comparison criteria.
Interested parties may provide any information or comments that
they feel are relevant to the development of an accurate list of
physical characteristics. Specifically, they may provide comments as to
which characteristics are appropriate to use as: (1) general product
characteristics; and (2) product comparison criteria. We note that it
is not always appropriate to use all product characteristics as product
comparison criteria. We base product comparison criteria on meaningful
commercial differences among products. In other words, although there
may be some physical product characteristics utilized by manufacturers
to describe van-type trailers, it may be that only a select few product
characteristics take into account commercially meaningful physical
characteristics. In addition, interested parties may comment on the
order in which the physical characteristics should be used in matching
products. Generally, Commerce attempts to list the most important
physical characteristics first and the least important characteristics
last.
In order to consider the suggestions of interested parties in
developing and issuing the AD questionnaires, all product
characteristics comments must be filed by 5:00 p.m. ET on February 9,
2026, which is 20 calendar days from the signature date of this notice.
Any rebuttal comments must be filed by 5:00 p.m. ET on February 19,
2026, which is 10 calendar days from the initial comment deadline. All
comments and submissions to Commerce must be filed electronically using
ACCESS, as explained above, on the record of each of the LTFV
investigations.
Determination of Industry Support for the Petitions
Section 732(b)(1) of the Act requires that a petition be filed on
behalf of the domestic industry. Section 732(c)(4)(A) of the Act
provides that a petition meets this requirement if the domestic
producers or workers who support the petition account for: (i) at least
25 percent of the total production of the domestic like product; and
(ii) more than 50 percent of the production of the domestic like
product produced by that portion of the industry expressing support
for, or opposition to, the petition. Moreover, section 732(c)(4)(D) of
the Act provides that, if the petition does not establish support of
domestic producers or workers accounting for more than 50 percent of
the total production of the domestic like product, Commerce shall: (i)
poll the industry or rely on other information in order to determine if
there is support for the petition, as required by subparagraph (A); or
(ii) determine industry support using a statistically valid sampling
method to poll the ``industry.''
Section 771(4)(A) of the Act defines the ``industry'' as the
producers as a whole of a domestic like product. Thus, to determine
whether a petition has the requisite industry support, the statute
directs Commerce to look to producers and workers who produce the
domestic like product. The U.S. International Trade Commission (ITC),
which is responsible for determining whether ``the domestic industry''
has been injured, must also determine what constitutes a domestic like
product in order to define the industry. While both Commerce and the
ITC must apply the same statutory definition regarding the domestic
like product,\15\ they do so for different purposes and pursuant to a
separate and distinct authority. In addition, Commerce's determination
is subject to limitations of time and information. Although this may
result in different definitions of the like product, such differences
do not render the decision of either agency contrary to law.\16\
---------------------------------------------------------------------------
\15\ See section 771(10) of the Act.
\16\ See USEC, Inc. v. United States, 132 F.Supp.2d 1, 8 (CIT
2001) (citing Algoma Steel Corp., Ltd. v. United States, 688 F.
Supp. 639, 644 (CIT 1988), aff'd 865 F.2d 240 (Fed. Cir. 1989)).
---------------------------------------------------------------------------
Section 771(10) of the Act defines the domestic like product as ``a
product which is like, or in the absence of like, most similar in
characteristics and uses with, the article subject to an investigation
under this title.'' Thus, the reference point from which the domestic
like product analysis begins is ``the article subject to an
investigation'' (i.e., the class or kind of merchandise to be
investigated, which normally will be the scope as defined in the
petition).
With regard to the domestic like product, the petitioner does not
offer a definition of the domestic like product distinct from the scope
of the
[[Page 3107]]
investigations.\17\ Based on our analysis of the information submitted
on the record, we have determined that van-type trailers, as defined in
the scope, constitute a single domestic like product, and we have
analyzed industry support in terms of that domestic like product.\18\
---------------------------------------------------------------------------
\17\ For a discussion of the domestic like product analysis as
applied to these cases and information regarding industry support,
see Checklists, ``Antidumping Duty Investigation Initiation
Checklists: Van-Type Trailers and Subassemblies Thereof from Canada,
the People's Republic of China, and Mexico,'' dated concurrently
with, and hereby adopted by, this notice (Country-Specific AD
Initiation Checklists), at Attachment II, Analysis of Industry
Support for the Antidumping and Countervailing Duty Petitions
Covering Van-Type Trailers and Subassemblies Thereof from Canada,
the People's Republic of China, and Mexico, and the People's
Republic of China (Attachment II). These checklists are on file
electronically via ACCESS.
\18\ For further discussion, see Attachment II of the Country-
Specific AD Initiation Checklists.
---------------------------------------------------------------------------
In determining whether the petitioner has standing under section
732(c)(4)(A) of the Act, we considered the industry support data
contained in the Petitions with reference to the domestic like product
as defined in the ``Scope of the Investigations,'' in the appendix to
this notice. To establish industry support, the petitioner provided the
2024 production of the domestic like product for the supporters of the
Petitions and compared this to the estimated total production of the
domestic like product for the entire domestic industry.\19\ We relied
on data provided by the petitioner for purposes of measuring industry
support.\20\
---------------------------------------------------------------------------
\19\ For further discussion, see Attachment II of the Country-
Specific AD Initiation Checklists.
\20\ Id.
---------------------------------------------------------------------------
On December 23, 2025, we received timely filed comments on industry
support from Utility Trailer Manufacturing Company, LLC (UTMC), a U.S.
producer of van-type trailers.\21\ On December 23, 2025, we also
received timely filed comments on industry support from Qingdao CIMC
Reefer Trailer Co., Ltd.; Vanguard Refrigerated Trailer Co., Ltd.;
Vanguard National Trailer Corporation; and Vanguard Reefer Trailer,
Inc. (CIMC/Vanguard), a U.S. importer and foreign producer of van-type
trailers.\22\ On December 29, 2025, the petitioner responded to the
comments from UTMC and CIMC/Vanguard in a timely filed rebuttal
submission.\23\ As noted above, on December 31, 2025, Commerce extended
the initiation deadline by 20 days to further examine the issue of
industry support, because it was not clear from the Petitions whether
the industry support criteria had been met.\24\
---------------------------------------------------------------------------
\21\ See UTMC's Letter, ``Comments on Initiation,'' dated
December 23, 2025.
\22\ See CIMC/Vanguard's Letter, ``Comments on Industry Support
for Petitions,'' dated December 23, 2025.
\23\ See Petitioner's Letter, ``Response to Comments on Industry
Support,'' dated December 29, 2025 (Petitioner's Response).
\24\ See Initiation Deadline Extension Notice.
---------------------------------------------------------------------------
Our review of the data provided in the Petitions, the First General
Issues Supplement, the Second General Issues Supplement, the Third
General Issues Supplement, the Fourth General Issues Supplement, the
Petitioner's Response, and other information readily available to
Commerce indicates that the petitioner has established industry support
for the Petitions.\25\ First, the Petitions established support from
domestic producers (or workers) accounting for more than 50 percent of
the total production of the domestic like product and, as such,
Commerce is not required to take further action in order to evaluate
industry support (e.g., polling).\26\ Second, the domestic producers
(or workers) have met the statutory criteria for industry support under
section 732(c)(4)(A)(i) of the Act because the domestic producers (or
workers) who support the Petitions account for at least 25 percent of
the total production of the domestic like product.\27\ Finally, the
domestic producers (or workers) have met the statutory criteria for
industry support under section 732(c)(4)(A)(ii) of the Act because the
domestic producers (or workers) who support the Petitions account for
more than 50 percent of the production of the domestic like product
produced by that portion of the industry expressing support for, or
opposition to, the Petitions.\28\ Accordingly, Commerce determines that
the Petitions were filed on behalf of the domestic industry within the
meaning of section 732(b)(1) of the Act.\29\
---------------------------------------------------------------------------
\25\ See Attachment II of the Country-Specific AD Initiation
Checklists.
\26\ Id.; see also section 732(c)(4)(D) of the Act.
\27\ See Attachment II of the Country-Specific AD Initiation
Checklists.
\28\ Id.
\29\ Id.
---------------------------------------------------------------------------
Allegations and Evidence of Material Injury and Causation
The petitioner alleges that the U.S. industry producing the
domestic like product is being materially injured, or is threatened
with material injury, by reason of the imports of the subject
merchandise sold at LTFV. In addition, the petitioner alleges that
subject imports exceed the negligibility threshold provided for under
section 771(24)(A) of the Act.\30\
---------------------------------------------------------------------------
\30\ For further discussion, see Country-Specific AD Initiation
Checklists at Attachment III, Analysis of Allegations and Evidence
of Material Injury and Causation for the Antidumping and
Countervailing Duty Petitions Covering Van-Type Trailers and
Subassemblies Thereof from Canada, Mexico, and the People's Republic
of China.
---------------------------------------------------------------------------
The petitioner contends that the industry's injured condition is
illustrated by a significant increase in the volumes of subject
imports; increased market share of subject imports; underselling and
price depression and/or suppression; lost sales and revenues; declines
in production, capacity utilization, U.S shipments, and employment
variables; adverse impact on financial performance; negative impact on
industry development and investment returns; and the magnitude of the
alleged dumping margins.\31\ We assessed the allegations and supporting
evidence regarding material injury, threat of material injury,
causation, as well as negligibility, and we have determined that these
allegations are properly supported by adequate evidence, and meet the
statutory requirements for initiation.\32\
---------------------------------------------------------------------------
\31\ Id.
\32\ Id.
---------------------------------------------------------------------------
Allegations of Sales at LTFV
The following is a description of the allegations of sales at LTFV
upon which Commerce based its decision to initiate LTFV investigations
of imports of van-type trailers from Canada, China, and Mexico. The
sources of data for the deductions and adjustments relating to U.S.
price and normal value (NV) are discussed in greater detail in the
Country-Specific AD Initiation Checklists.
U.S. Price
For Canada, the petitioner based export price (EP) on the average
unit value (AUV) of publicly available import data for van-type
trailers from Canada during the POI.\33\ For Mexico and China, the
petitioner based EP on pricing information for van-type trailers
produced in each country and sold or offered for sale in the U.S.
market during the POI.\34\ For each country, the petitioner made
certain adjustments to U.S. price to calculate a net ex-factory U.S.
price, where applicable.\35\
---------------------------------------------------------------------------
\33\ See Canada AD Initiation Checklist.
\34\ See Country-Specific AD Initiation Checklists.
\35\ Id.
---------------------------------------------------------------------------
Normal Value 36
---------------------------------------------------------------------------
\36\ In accordance with section 773(b)(2) of the Act, for the
Canada and Mexico LTFV investigations, Commerce will request
information necessary to calculate the constructed value (CV) and
COP to determine whether there are reasonable grounds to believe or
suspect that sales of the foreign like product have been made at
prices that represent less than the COP of the product.
---------------------------------------------------------------------------
For Canada and Mexico, the petitioner stated that it was unable to
obtain home
[[Page 3108]]
market or third-country pricing information for van-type trailers in
Canada and Mexico to use as the basis for NV.\37\ Therefore, for Canada
and Mexico, the petitioner calculated NV based on CV. For further
discussion of CV, see the section ``Normal Value Based on Constructed
Value.''
---------------------------------------------------------------------------
\37\ See Country-Specific AD Initiation Checklists.
---------------------------------------------------------------------------
Commerce considers China to be an NME country.\38\ In accordance
with section 771(18)(C)(i) of the Act, any determination that a foreign
country is an NME country shall remain in effect until revoked by
Commerce. Therefore, we continue to treat China as an NME country for
purposes of the initiation of this LTFV investigation. Accordingly, we
base NV on FOPs valued in a surrogate market economy country in
accordance with section 773(c) of the Act.
---------------------------------------------------------------------------
\38\ See, e.g., Certain Freight Rail Couplers and Parts Thereof
from the People's Republic of China: Preliminary Affirmative
Determination of Sales at Less Than Fair Value and Preliminary
Affirmative Determination of Critical Circumstances, 88 FR 15372
(March 13, 2023), and accompanying Preliminary Decision Memorandum
at 5, unchanged in Certain Freight Rail Couplers and Parts Thereof
from the People's Republic of China: Final Affirmative Determination
of Sales at Less-Than-Fair Value and Final Affirmative Determination
of Critical Circumstances, 88 FR 34485 (May 30, 2023).
---------------------------------------------------------------------------
The petitioner claims that the Republic of T[uuml]rkiye
(T[uuml]rkiye) is an appropriate surrogate country for China because it
is a market economy that is at a level of economic development
comparable to that of China and is a significant producer of comparable
merchandise.\39\ Based on additional questions from Commerce,\40\ the
petitioner also provided normal value calculations based on Brazil and
Mexico as surrogate countries, which the petitioner notes are market
economies that are at levels of economic development comparable to that
of China and are significant producers of comparable merchandise.\41\
The petitioner provided publicly available information from
T[uuml]rkiye, Brazil, and Mexico to value all FOPs.\42\ Based on the
information provided by the petitioner, we believe it is appropriate to
use T[uuml]rkiye, Brazil, and Mexico as surrogate countries for China
to value all FOPs for initiation purposes.
---------------------------------------------------------------------------
\39\ See China AD Initiation Checklist.
\40\ See Third China AD Supplemental.
\41\ See Third China AD Supplement.
\42\ Id.
---------------------------------------------------------------------------
Interested parties will have the opportunity to submit comments
regarding surrogate country selection and, pursuant to 19 CFR
351.301(c)(3)(i), will be provided an opportunity to submit publicly
available information to value FOPs within 30 days before the scheduled
date of the preliminary determination.
Factors of Production
Because information regarding the volume of inputs consumed by
Chinese producers/exporters was not reasonably available, the
petitioner used the production experience and product-specific
consumption rates of a U.S. producer of van-type trailers as a
surrogate to value Chinese manufacturers' FOPs.\43\ Additionally, for
China, the petitioner calculated factory overhead, SG&A, and profit
based on the experiences of Turkish and Brazilian producers of
comparable merchandise.\44\
---------------------------------------------------------------------------
\43\ See China AD Initiation Checklist.
\44\ Id.
---------------------------------------------------------------------------
Normal Value Based on Constructed Value
As noted above for Canada and Mexico, the petitioner stated that it
was unable to obtain home market or third-country prices for van-type
trailers to use as a basis for NV. Therefore, for Canada and Mexico,
the petitioner calculated NV based on CV.\45\
---------------------------------------------------------------------------
\45\ See Country-Specific AD Initiation Checklists.
---------------------------------------------------------------------------
Pursuant to section 773(e) of the Act, the petitioner calculated CV
as the sum of the cost of manufacturing, SG&A expenses, financial
expenses, and profit.\46\ For Canada and Mexico, in calculating the
cost of manufacturing, the petitioner relied on the production
experience and input consumption rates of a U.S. producer of van-type
trailers, valued using publicly available information applicable to
Canada and Mexico.\47\ In calculating SG&A expenses, financial
expenses, and profit ratios, the petitioner relied on the 2024
financial statements of producers of comparable merchandise domiciled
in Spain and T[uuml]rkiye, respectively.\48\
---------------------------------------------------------------------------
\46\ Id.
\47\ Id.
\48\ Id.
---------------------------------------------------------------------------
Fair Value Comparisons
Based on the data provided by the petitioner, there is reason to
believe that imports of van-type trailers from Canada, China, and
Mexico are being, or are likely to be, sold in the United States at
LTFV. Based on comparisons of EP or CEP to NV in accordance with
sections 772 and 773 of the Act, the estimated dumping margins for van-
type trailers from each of the countries covered by this initiation are
as follows: (1) Canada--132.80 percent; (2) Mexico--88.58 to 161.87
percent; (3) China (T[uuml]rkiye surrogate)--166.64 to 198.26 percent;
(4) China (Brazil surrogate)--98.82 to 214.61 percent; (5) China
(Mexico surrogate)--87.57 to 130.86 percent.\49\
---------------------------------------------------------------------------
\49\ Id.
---------------------------------------------------------------------------
Initiation of LTFV Investigations
Based upon the examination of the Petitions and supplemental
responses, we find that they meet the requirements of section 732 of
the Act. Therefore, we are initiating LTFV investigations to determine
whether imports of van-type trailers from Canada, China, and Mexico are
being, or are likely to be, sold in the United States at LTFV. In
accordance with section 733(b)(1)(A) of the Act and 19 CFR
351.205(b)(1), unless postponed, we will make our preliminary
determinations no later than 140 days after the date of these
initiations.
Respondent Selection
Canada and Mexico
In the Petitions, the petitioner identified seven companies in
Canada and 11 companies in Mexico as producers and/or exporters of van-
type trailers.\50\ Following standard practice in LTFV investigations
involving market economy countries, Commerce would normally select
respondents based on U.S. Customs and Border Protection (CBP) entry
data for imports under the appropriate Harmonized Tariff Schedule of
the United States (HTSUS) subheading(s) listed in the ``Scope of the
Investigations'' in the Appendix. However, for these investigations,
the main HTSUS subheadings under which the subject merchandise would
enter (8716.39.0040 and 8716.90.5060) are basket categories under which
non-subject merchandise may also enter. Therefore, instead of relying
on CBP entry data in selecting respondents, we intend to issue quantity
and value (Q&V) questionnaires to each potential respondent for which
there is complete address information on the record.
---------------------------------------------------------------------------
\50\ See Petitions at Volume I (page 30 and Exhibit I-26); see
also First General Issues Supplement at 1-2 and Exhibit I-Supp-1.
---------------------------------------------------------------------------
Commerce will also post the Q&V questionnaires along with filing
instructions on Commerce's website at https://www.trade.gov/ec-adcvd-case-announcements. Exporters/producers of van-type trailers from
Canada and Mexico that do not receive Q&V questionnaires may still
submit a response to the Q&V questionnaire and can obtain a copy of the
Q&V questionnaire from Commerce's website. Responses to the Q&V
questionnaire must be submitted by the relevant producers/exporters no
later than 5:00
[[Page 3109]]
p.m. on February 3, 2026, which is two weeks from the signature date of
this notice. An electronically filed document must be received
successfully, in its entirety, by ACCESS no later than 5:00 p.m. ET on
the deadline noted above.
Interested parties must submit applications for disclosure under an
administrative protective order (APO) in accordance with 19 CFR
351.305(b). As stated above, instructions for filing such applications
may be found on Commerce's website at https://www.trade.gov/administrative-protective-orders.
China
In the Petitions, the petitioner identified 37 companies in China
as producers and/or exporters of van-type trailers.\51\ Our standard
practice for respondent selection in AD investigations involving NME
countries is to select respondents based on Q&V questionnaires in cases
where it has determined that the number of companies is large and it
cannot individually examine each company based upon its resources.
Therefore, considering the number of producers and/or exporters
identified in the Petitions, Commerce will solicit Q&V information that
can serve as a basis for selecting exporters for individual examination
in the event that Commerce determines that the number is large and
decides to limit the number of respondents individually examined
pursuant to section 777A(c)(2) of the Act. Given the number of
producers and/or exporters identified in the Petitions, Commerce has
determined that it will issue Q&V questionnaires to the largest
producers and/or exporters that are identified in the CBP data for
which there is complete address information on the record.\52\
---------------------------------------------------------------------------
\51\ See Petitions at Volume I (page 30 and Exhibit I-26); see
also First General Issues Supplement at 1-2 and Exhibit I-Supp-1.
\52\ See Memoranda, ``Release of U.S. Customs and Border
Protection Entry Data,'' dated January 15, 2026.
---------------------------------------------------------------------------
Commerce will post the Q&V questionnaires along with filing
instructions on Commerce's website at https://www.trade.gov/ec-adcvd-case-announcements. Producers/exporters of van-type trailers from China
that do not receive Q&V questionnaires may still submit a response to
the Q&V questionnaire and can obtain a copy of the Q&V questionnaire
from Commerce's website. Responses to the Q&V questionnaire must be
submitted by the relevant Chinese producers/exporters no later than
5:00 p.m. ET February 3, 2026, which is two weeks from the signature
date of this notice. All Q&V questionnaire responses must be filed
electronically via ACCESS. An electronically filed document must be
received successfully, in its entirety, by ACCESS no later than 5:00
p.m. ET on the deadline noted above.
Interested parties must submit applications for disclosure under
APO in accordance with 19 CFR 351.305(b). As stated above, instructions
for filing such applications may be found on Commerce's website at
https://www.trade.gov/administrative-protective-orders.
Separate Rates
In order to obtain separate rate status in an NME investigation,
exporters and producers must submit a separate rate application. The
specific requirements for submitting a separate rate application in an
NME investigation are outlined in detail in the application itself,
which is available on Commerce's website at https://access.trade.gov/Resources/nme/nme-sep-rate.html. Note that Commerce recently
promulgated new regulations pertaining to separate rates, including the
separate rate application deadline and eligibility for separate rate
status, in 19 CFR 351.108.\53\ Pursuant to 19 CFR 351.108(d)(1), the
separate rate application will be due 21 days after publication of this
initiation notice.\54\ Exporters and producers must file a timely
separate rate application if they want to be considered for individual
examination. In addition, pursuant to 19 CFR 351.108(e), exporters and
producers who submit a separate rate application and have been selected
as mandatory respondents will be eligible for consideration for
separate rate status only if they fully respond to all parts of
Commerce's AD questionnaire and participate in the LTFV proceeding as
mandatory respondents.\55\ Commerce requires that companies from China
submit a response both to the Q&V questionnaire and to the separate
rate application by the respective deadlines to receive consideration
for separate rate status. Companies not filing a timely Q&V
questionnaire response will not receive separate rate consideration.
---------------------------------------------------------------------------
\53\ See Regulations Enhancing the Administration of the
Antidumping and Countervailing Duty Trade Remedy Laws, 89 FR 101694,
101759-60 (December 16, 2024).
\54\ See 19 CFR 351.108(d)(1).
\55\ See 19 CFR 351.108(e).
---------------------------------------------------------------------------
Use of Combination Rates
Commerce will calculate combination rates for certain respondents
that are eligible for a separate rate in an NME investigation. The
Separate Rates and Combination Rates Bulletin states:
{w{time} hile continuing the practice of assigning separate rates
only to exporters, all separate rates that {Commerce{time} will now
assign in its NME investigation will be specific to those producers
that supplied the exporter during the period of investigation. Note,
however, that one rate is calculated for the exporter and all of the
producers which supplied subject merchandise to it during the period
of investigation. This practice applies both to mandatory
respondents receiving an individually calculated separate rate as
well as the pool of non-investigated firms receiving the {weighted
average{time} of the individually calculated rates. This practice
is referred to as the application of ``combination rates'' because
such rates apply to specific combinations of exporters and one or
more producers. The cash-deposit rate assigned to an exporter will
apply only to merchandise both exported by the firm in question and
produced by a firm that supplied the exporter during the period of
investigation.\56\
---------------------------------------------------------------------------
\56\ See Enforcement and Compliance's Policy Bulletin No. 05.1,
regarding, ``Separate-Rates Practice and Application of Combination
Rates in Antidumping Investigation involving NME Countries,'' (April
5, 2005), at 6 (emphasis added), available on Commerce's website at
https://access.trade.gov/Resources/policy/bull05-1.pdf.
---------------------------------------------------------------------------
Distribution of Copies of the Petitions
In accordance with section 732(b)(3)(A) of the Act and 19 CFR
351.202(f), a copy of the public version of the Petitions has been
provided to the governments of Canada, China, and Mexico via ACCESS. To
the extent practicable, we will attempt to provide a copy of the public
version of the Petitions to each exporter named in the Petitions, as
provided under 19 CFR 351.203(c)(2).
ITC Notification
Commerce will notify the ITC of our initiation, as required by
section 732(d) of the Act.
Preliminary Determinations by the ITC
The ITC will preliminarily determine, within 25 days after the date
on which the ITC receives notice from Commerce of initiation of the
investigations, whether there is a reasonable indication that imports
of van-type trailers from Canada, China, and/or Mexico are materially
injuring, or threatening material injury to, a U.S. industry.\57\ A
negative ITC determination for any country will result in the
investigation being terminated with respect to that country.\58\
Otherwise, these LTFV investigations will proceed according to
statutory and regulatory time limits.
---------------------------------------------------------------------------
\57\ See section 733(a) of the Act.
\58\ Id.
---------------------------------------------------------------------------
Particular Market Situation Allegation
Section 773(e) of the Act addresses the concept of particular
market situation (PMS) for purposes of CV,
[[Page 3110]]
stating that ``if a particular market situation exists such that the
cost of materials and fabrication or other processing of any kind does
not accurately reflect the cost of production in the ordinary course of
trade, the administering authority may use another calculation
methodology under this subtitle or any other calculation methodology.''
When an interested party submits a PMS allegation pursuant to section
773(e) of the Act (i.e., a cost-based PMS allegation), the submission
must be filed in accordance with the requirements of 19 CFR 351.416(b),
and Commerce will respond to such a submission consistent with 19 CFR
351.301(c)(2)(v). If Commerce finds that a cost-based PMS exists under
section 773(e) of the Act, then it will modify its dumping calculations
appropriately.
Neither section 773(e) of the Act, nor 19 CFR 351.301(c)(2)(v),
sets a deadline for the submission of cost-based PMS allegations and
supporting factual information. However, in order to administer section
773(e) of the Act, Commerce must receive PMS allegations and supporting
factual information with enough time to consider the submission. Thus,
should an interested party wish to submit a cost-based PMS allegation
and supporting new factual information pursuant to section 773(e) of
the Act, it must do so no later than 20 days after submission of a
respondent's initial section D questionnaire response.
We note that a PMS allegation filed pursuant to sections
773(a)(1)(B)(ii)(III) or 773(a)(1)(C)(iii) of the Act (i.e., a sales-
based PMS allegation) must be filed within 10 days of submission of a
respondent's initial section B questionnaire response, in accordance
with 19 CFR 351.301(c)(2)(i) and 19 CFR 351.404(c)(2).
Submission of Factual Information
Factual information is defined in 19 CFR 351.102(b)(21) as: (i)
evidence submitted in response to questionnaires; (ii) evidence
submitted in support of allegations; (iii) publicly available
information to value factors under 19 CFR 351.408(c) or to measure the
adequacy of remuneration under 19 CFR 351.511(a)(2); (iv) evidence
placed on the record by Commerce; and (v) evidence other than factual
information described in (i)-(iv). Section 351.301(b) of Commerce's
regulations requires any party, when submitting factual information, to
specify under which subsection of 19 CFR 351.102(b)(21) the information
is being submitted \59\ and, if the information is submitted to rebut,
clarify, or correct factual information already on the record, to
provide an explanation identifying the information already on the
record that the factual information seeks to rebut, clarify, or
correct.\60\ Time limits for the submission of factual information are
addressed in 19 CFR 351.301, which provides specific time limits based
on the type of factual information being submitted. Interested parties
should review the regulations prior to submitting factual information
in these investigations.
---------------------------------------------------------------------------
\59\ See 19 CFR 351.301(b).
\60\ See 19 CFR 351.301(b)(2).
---------------------------------------------------------------------------
Extensions of Time Limits
Parties may request an extension of time limits before the
expiration of a time limit established under 19 CFR 351.301, or as
otherwise specified by Commerce. In general, an extension request will
be considered untimely if it is filed after the expiration of the time
limit established under 19 CFR 351.301, or as otherwise specified by
Commerce.\61\ For submissions that are due from multiple parties
simultaneously, an extension request will be considered untimely if it
is filed after 10:00 a.m. ET on the due date. Under certain
circumstances, Commerce may elect to specify a different time limit by
which extension requests will be considered untimely for submissions
which are due from multiple parties simultaneously. In such a case, we
will inform parties in a letter or memorandum of the deadline
(including a specified time) by which extension requests must be filed
to be considered timely. An extension request must be made in a
separate, standalone submission; under limited circumstances we will
grant untimely filed requests for the extension of time limits, where
we determine, based on 19 CFR 351.302, that extraordinary circumstances
exist. Parties should review Commerce's regulations concerning the
extension of time limits and the Time Limits Final Rule prior to
submitting factual information in these investigations.\62\
---------------------------------------------------------------------------
\61\ See 19 CFR 351.301; see also Extension of Time Limits;
Final Rule, 78 FR 57790 (September 20, 2013) (Time Limits Final
Rule), available at https://www.gpo.gov/fdsys/pkg/FR-2013-09-20/html/2013-22853.htm.
\62\ See 19 CFR 351.302; see also, e.g., Time Limits Final Rule.
---------------------------------------------------------------------------
Certification Requirements
Any party submitting factual information in an AD or CVD proceeding
must certify to the accuracy and completeness of that information.\63\
Parties must use the certification formats provided in 19 CFR
351.303(g).\64\ Commerce intends to reject factual submissions if the
submitting party does not comply with the applicable certification
requirements.
---------------------------------------------------------------------------
\63\ See section 782(b) of the Act.
\64\ See Certification of Factual Information to Import
Administration During Antidumping and Countervailing Duty
Proceedings, 78 FR 42678 (July 17, 2013) (Final Rule). Additional
information regarding the Final Rule is available at https://access.trade.gov/Resources/filing/index.html.
---------------------------------------------------------------------------
Notification to Interested Parties
Interested parties must submit applications for disclosure under
APO in accordance with 19 CFR 351.305. Parties wishing to participate
in these investigations should ensure that they meet the requirements
of 19 CFR 351.103(d) (e.g., by filing the required letter of
appearance). Note that Commerce has amended certain of its requirements
pertaining to the service of documents in 19 CFR 351.303(f).\65\
---------------------------------------------------------------------------
\65\ See Administrative Protective Order, Service, and Other
Procedures in Antidumping and Countervailing Duty Proceedings, 88 FR
67069 (September 29, 2023).
---------------------------------------------------------------------------
This notice is issued and published pursuant to sections 732(c)(2)
and 777(i) of the Act, and 19 CFR 351.203(c).
Dated: January 20, 2026.
Christopher Abbott,
Deputy Assistant Secretary for Policy and Negotiations, performing the
non-exclusive functions and duties of the Assistant Secretary for
Enforcement and Compliance.
Appendix
Scope of the Investigations
The merchandise covered by these investigations consists of
certain van-type trailers and subassemblies thereof, whether
finished or unfinished, whether assembled or unassembled, regardless
of the number of axles, for carriage of goods. Van-type trailers are
typically, but not limited to, rectangular cuboid trailers with a
fully enclosed cargo space consisting of a front nose (with or
without a refrigeration unit), side walls (with or without doors),
movable rear panels (whether roll-up doors, swing doors, or another
configuration), a floor and subframe, an affixed or removable roof,
a suspension and axle system, wheels and tires, brakes, a lighting
and electrical system, landing gear, and coupling for towing behind
a truck tractor or a connection system for training behind another
van-type trailer. Covered van-type trailers are those with a gross
vehicle weight rating of greater than 26,000 pounds.
Subject merchandise includes, but is not limited to, the
following subassemblies:
Van-type trailer subframes, or sections of van-type
trailer frames, typically consisting of welded crossmembers and
slider rails for attaching the running gear;
Nose wall, side wall, and roof subassemblies, whether
insulated or non insulated, and with or without top, bottom, or side
rails;
Rear door frame, whether for swing or roll-up doors,
with or without installed
[[Page 3111]]
doors, bumpers, bumper plates, or reinforcing plates for liftgate;
Door assemblies, whether for rear swing doors, roll-up
doors, side doors or any other configuration, with or without
lockrods, handles, hinges, or hinge pins;
Rear impact guard subassemblies, typically consisting
of a fabricated horizontal structural component (such as a guard
tube) and uprights for connection to the underside of the rear
frame;
Coupler assembly for connection to truck tractor's
fifth wheel, typically consisting of main beams and cross members,
support plates, and front nose wrap, and with or without kingpin
installed;
Running gear subassemblies or axle assemblies for
connection to the subframe, which may or may not include
suspension(s), wheel end components, slack adjusters, dressed axles,
brake chambers, locking pins, wheels, and tires; and
Landing gear subassemblies, typically consisting of two
landing legs, a cross channel, braces, bracketing, a cross shaft,
and a crank handle.
These subassemblies are subject to the investigations, whether
entered alone or with other subassemblies and whether assembled or
unassembled and whether finished or unfinished. The absence of any
subassembly from an otherwise finished or unfinished van-type
trailer does not remove the van-type trailer from coverage.
Subject merchandise also includes components entered with (i.e.,
on the same bill of lading as) van-type trailers and subassemblies,
such as, but not limited to: hub and drum assemblies, brake
assemblies (either drum or disc), bare axles, brake chambers,
suspensions and suspension components, wheel end components, landing
gear legs, wheels, tires, brake control systems, electrical
harnesses and lighting systems, lift gate systems, tire inflation
systems, or refrigeration units (with or without evaporators or fuel
tanks) whether assembled or unassembled, whether as part of a kit or
not, and whether or not accompanied by additional components that
constitute as part of an unfinished and/or unassembled van-type
trailer and subassemblies thereof that are subject to the
investigations.
Processing of finished and unfinished van-type trailers and
subassemblies, such as trimming, cutting, grinding, notching,
punching, drilling, painting, coating, staining, finishing,
assembly, or any other processing either in the country of
manufacture of the in-scope product or in a third country does not
remove the product from the scope. Inclusion of other components not
identified as comprising the finished or unfinished van-type trailer
does not remove the product from the scope.
Specifically excluded are subassemblies covered by the scope of
the antidumping and countervailing duty orders on certain chassis
and subassemblies thereof from the People's Republic of China. See
Certain Chassis and Subassemblies Thereof from the People's Republic
of China: Antidumping Duty Order, 86 FR 36093 (July 8, 2021) and
Certain Chassis and Subassemblies Thereof from the People's Republic
of China: Countervailing Duty Order and Amended Final Affirmative
Countervailing Duty Determination, 86 FR 24844 (May 10, 2021).
The finished and unfinished van-type trailers subject to these
investigations are typically classified in the Harmonized Tariff
Schedule of the United States (HTSUS) at subheadings: 8716.39.0040
and 8716.90.5060. Imports of finished and unfinished subassemblies
may also enter under HTSUS subheadings 7308.30.5050, 7308.90.9590,
7326.90.8688, 8708.29.1500, 8708.99.8180, 8716.90.5010. While the
HTSUS subheadings are provided for convenience and customs purposes,
the written description of the merchandise under investigation is
dispositive.
[FR Doc. 2026-01456 Filed 1-23-26; 8:45 am]
BILLING CODE 3510-DS-P