[Federal Register Volume 91, Number 148 (Tuesday, August 4, 2026)]
[Notices]
[Pages 49416-49419]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2026-15764]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-201-867]
Van-Type Trailers and Subassemblies Thereof From Mexico:
Preliminary Affirmative Determination of Sales at Less Than Fair Value,
Postponement of Final Determination, and Extension of Provisional
Measures
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily
determines that van-type trailers and subassemblies thereof (van-type
trailers) from Mexico are being, or are likely to be, sold in the
United States at less than fair value (LTFV). The period of
investigation (POI) is October 1, 2024, through September 30, 2025.
Interested parties are invited to comment on this preliminary
determination.
DATES: Applicable August 4, 2026.
FOR FURTHER INFORMATION CONTACT: Charles DeFilippo or Jacob Saude, AD/
CVD Operations, Office VII, Enforcement and Compliance, International
Trade Administration, U.S. Department of Commerce, 1401 Constitution
Avenue NW, Washington, DC 20230; telephone: (202) 482-3797 or (202)
482-9081, respectively.
SUPPLEMENTARY INFORMATION:
Background
This preliminary determination is made in accordance with section
733(b) of the Tariff Act of 1930, as amended (the Act). Commerce
published the notice of initiation of this investigation on January 26,
2026.\1\ On May 20, 2026, Commerce postponed the preliminary
determination of this investigation and the revised deadline is now
July 29, 2026.\2\
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\1\ See Van-Type Trailers and Subassemblies Thereof from Canada,
the People's Republic of China, and Mexico: Initiation of Less-Than-
Fair-Value Investigations, 91 FR 3104 (January 26, 2026) (Initiation
Notice).
\2\ See Van-Type Trailers and Subassemblies Thereof from Canada
and Mexico: Postponement of Preliminary Determinations in the Less-
Than-Fair-Value Investigations, 91 FR 29454 (May 20, 2026).
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For a complete description of the events that followed the
initiation of this investigation, see the Preliminary Decision
Memorandum.\3\ A list of topics included in the Preliminary Decision
Memorandum is included as Appendix II to this notice. The Preliminary
Decision Memorandum is a public document and is on file electronically
via Enforcement and Compliance's Antidumping and Countervailing Duty
Centralized Electronic Service System (ACCESS). ACCESS is available to
registered users at https://access.trade.gov. In addition, a complete
version of the Preliminary Decision Memorandum can be accessed directly
at https://access.trade.gov/frnotices.
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\3\ See Memorandum, ``Decision Memorandum for the Preliminary
Affirmative Determination in the Less-Than-Fair Value Investigation
of Van-Type Trailers and Subassemblies Thereof from Mexico'' dated
concurrently with, and hereby adopted by, this notice (Preliminary
Decision Memorandum).
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Scope of the Investigation
The products covered by this investigation are van-type trailers
from Mexico. For a complete description of the scope of this
investigation, see Appendix I.
Scope Comments
In accordance with the Preamble to Commerce's regulations,\4\ the
Initiation Notice set aside a period of time for parties to raise
issues regarding product
[[Page 49417]]
coverage (i.e., scope).\5\ Certain interested parties commented on the
scope of the investigation as it appeared in the Initiation Notice. For
a summary of the product coverage comments and rebuttal responses
submitted to the record for this preliminary determination, and
accompanying discussion and analysis of all comments timely received,
see the Preliminary Scope Decision Memorandum.\6\ Commerce is
preliminarily modifying the scope as it appeared in the Initiation
Notice by adding an additional Harmonized Tariff Schedule of the United
States (HTSUS) code. See the scope in Appendix I to this notice. In the
Preliminary Scope Decision Memorandum, Commerce established the
deadline for parties to submit scope case and rebuttal briefs.\7\
Commerce intends to issue a final scope decision with the final
determinations of the LTFV and CVD investigations of van-type trailers
from People's Republic of China (China).
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\4\ See Antidumping Duties; Countervailing Duties, Final Rule,
62 FR 27296, 27323 (May 19, 1997) (Preamble).
\5\ See Initiation Notice.
\6\ See Memorandum, ``Van-Type Trailers and Subassemblies
Thereof from Canada, Mexico, and the People's Republic of China:
Preliminary Scope Decision Memorandum,'' dated concurrently with
this notice (Preliminary Scope Decision Memo).
\7\ Id. at ``Public Comment'' section.
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Methodology
Commerce is conducting this investigation in accordance with
section 731 of the Act. Commerce has calculated constructed export
prices in accordance with section 772(b) of the Act. Normal value is
calculated in accordance with section 773 of the Act. For a full
description of the methodology underlying the preliminary
determination, see the Preliminary Decision Memorandum.
All-Others Rate
Sections 733(d)(1)(ii) and 735(c)(5)(A) of the Act provide that in
the preliminary determination Commerce shall determine an estimated
all-others rate for all exporters and producers not individually
examined. This rate shall be an amount equal to the weighted average of
the estimated weighted-average dumping margins established for
exporters and producers individually investigated, excluding any zero
and de minimis margins, and any margins determined entirely under
section 776 of the Act.
In this investigation, Commerce calculated estimated weighted-
average dumping margins for Hyundai de Mexico S.A. de C.V. (HYMEX) and
Utility Trailer Manufacturing de M[eacute]xico, S. de R.L. de C.V.
(Utility Mexico) that are not zero, de minimis, or based entirely on
facts otherwise available. Commerce calculated the all-others rate
using a weighted average of the estimated weighted-average dumping
margins calculated for the examined respondents using each company's
publicly-ranged values for the merchandise under consideration.\8\
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\8\ With two respondents under examination, Commerce normally
calculates: (A) a weighted-average of the estimated weighted-average
dumping margins calculated for the examined respondents; (B) a
simple average of the estimated weighted-average dumping margins
calculated for the examined respondents; and (C) a weighted-average
of the estimated weighted-average dumping margins calculated for the
examined respondents using each company's publicly-ranged U.S. sales
values for the merchandise under consideration. Commerce then
compares (B) and (C) to (A) and selects the rate closest to (A) as
the most appropriate rate for all other producers and exporters.
See, e.g., Ball Bearings and Parts Thereof from France, Germany,
Italy, Japan, and the United Kingdom: Final Results of Antidumping
Duty Administrative Reviews, Final Results of Changed-Circumstances
Review, and Revocation of an Order in Part, 75 FR 53661, 53662
(September 1, 2010), and accompanying Issues and Decision Memorandum
at Comment1. As complete publicly ranged sales data were available,
Commerce based the all-others rate on the publicly ranged sales data
of the mandatory respondents. For a complete analysis of the data,
see Memorandum, ``Preliminary Calculation of All-Others Rate,''
dated concurrently with this notice (All-Others Memorandum).
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Rate for Non-Responsive Companies
The following five exporters and/or producers of van-type trailers
from Mexico did not respond to the quantity and value (Q&V)
questionnaire: (1) Commercializadora Nimmka, S.A. de. C.V. d/b/a Atro
Remolques y Carrociera (Commercializadora Nimmka); (2) BRD Trailers
S.A. de C.V. d/b/a DeLucio (BRD Trailers); (3) Gallegos Trailers
(Gallegos); (4) Industrias Kuzzy De Mexico S.A. de C.V. (Industrias
Kuzzy); and (5) Manufacturas Industriales Gami S.A. de C.V.
(Industriales Gami) (collectively, non-responsive companies). We find
that, by not responding to the Q&V questionnaire, these companies
withheld necessary information that Commerce requested of them, failed
to provide information within the deadlines established and
significantly impeded this proceeding. Thus, in reaching our
preliminary determination, pursuant to sections 776(a)(1) and (2)(A)-
(C) of the Act, we are basing the dumping rate for the non-responsive
companies on facts available.
In addition, we preliminary determine that an adverse inference is
warranted, pursuant to section 776(b) of the Act. By failing to submit
responses to Commerce's Q&V questionnaire, the non-responsive companies
did not cooperate to the best of their ability in this investigation.
Accordingly, we preliminarily find that an adverse inference is
warranted to ensure that the non-responsive companies will not obtain a
more favorable result than had they fully complied with our request for
information. For more information on the application of adverse facts
available (AFA), see ``Application of Facts Available, Use of Adverse
Inferences, and Corroboration'' in the Preliminary Decision Memorandum.
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\9\ The export subsidy rate for HYMEX is 1.84 percent and
consists of the following programs: Program for the Manufacturing
Industry, Maquiladora and Export Services Program (IMMEX); and
Eighth Rule Permit. See Memorandum, ``Preliminary Determination
Calculations for Hyundai de Mexico S.A. de C.V.,'' dated June 1,
2026.
\10\ The export subsidy rate for Utility Mexico is 0.78 percent
and consists of the following programs: Program for the
Manufacturing Industry, Maquiladora and Export Services Program
(IMMEX); and Eighth Rule Permit. See Memorandum, ``Preliminary
Determination Calculations for Utility Trailer Manufacturing de
Mexico, S. de R.L. de C.V.,'' dated June 1, 2026.
\11\ See All-Others Memorandum.
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Preliminary Determination
Commerce preliminarily determines that the following estimated
weighted-average dumping margins exist:
------------------------------------------------------------------------
Weighted- Cash deposit
average rate (adjusted
Exporter Producer dumping for subsidy
margin offset(s))
(percent) (percent)
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Hyundai de Mexico S.A. de C.V............... 10.19 \9\ 8.35
Utility Trailer Manufacturing de 3.21 \10\ 2.43
M[eacute]xico, S. de R.L. de C.V...........
Commercializadora Nimmka, S.A. de. C.V. d/b/ 79.92 * 79.92
a Atro Remolques y Carrociera..............
BRD Trailers S.A. de C.V. d/b/a DeLucio..... 79.92 * 79.92
Gallegos Trailers........................... 79.92 * 79.92
Industrias Kuzzy De Mexico S.A. de C.V...... 79.92 * 79.92
Manufacturas Industriales Gami S.A. de C.V.. 79.92 * 79.92
All Others.................................. 8.72 \11\ 7.10
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* Rate is based on facts available with adverse inferences.
[[Page 49418]]
Suspension of Liquidation
In accordance with section 733(d)(2) of the Act, Commerce will
direct U.S. Customs and Border Protection (CBP) to suspend liquidation
of entries of subject merchandise, as described in Appendix I, entered,
or withdrawn from warehouse, for consumption on or after the date of
publication of this notice in the Federal Register. Further, pursuant
to section 733(d)(1)(B) of the Act and 19 CFR 351.205(d), Commerce will
instruct CBP to require a cash deposit equal to the estimated weighted-
average dumping margin or the estimated all-others rate, as follows:
(1) The cash deposit rate for the respondents listed above will be
equal to the company-specific estimated weighted-average dumping
margins determined in this preliminary determination; (2) if the
exporter is not a respondent identified above, but the producer is,
then the cash deposit rate will be equal to the company-specific
estimated weighted-average dumping margin established for that producer
of the subject merchandise; and (3) the cash deposit rate for all other
producers and exporters will be equal to the all-others estimated
weighted-average dumping margin.
Commerce normally adjusts cash deposits for estimated antidumping
duties by the amount of export subsidies countervailed in a companion
countervailing duty (CVD) proceeding, when CVD provisional measures are
in effect. Accordingly, where Commerce preliminarily made an
affirmative determination for countervailable export subsidies,
Commerce has offset the estimated weighted-average dumping margin by
the appropriate CVD rate. Any such adjusted cash deposit rate may be
found in the ``Preliminary Determination'' section above. Should
provisional measures in the companion CVD investigation expire prior to
the expiration of provisional measures in this LTFV investigation,
Commerce will direct CBP to begin collecting estimated antidumping duty
cash deposits unadjusted for countervailed export subsidies at the time
that the provisional CVD measures expire.
These suspension of liquidation instructions will remain in effect
until further notice.
Disclosure
Commerce intends to disclose its calculations and analysis
performed to interested parties in this preliminary determination
within five days of any public announcement or, if there is no public
announcement, within five days of the date of publication of this
notice in accordance with 19 CFR 351.224(b).
Consistent with 19 CFR 351.224(e), Commerce will analyze and, if
appropriate, correct any timely allegations of significant ministerial
errors by amending the preliminary determination. However, consistent
with 19 CFR 351.224(d), Commerce will not consider incomplete
allegations that do not address the significance standard under 19 CFR
351.224(g) following the preliminary determination. Instead, Commerce
will address such allegations in the final determination together with
issues raised in the case briefs or other written comments.
Verification
As provided in section 782(i)(1) of the Act, Commerce intends to
verify the information relied upon in making its final determination.
Public Comment
Non-scope case briefs or other written comments may be submitted to
the Assistant Secretary for Enforcement and Compliance no later than
seven days after the date on which the last verification report is
issued in this investigation. Rebuttal briefs, limited to issues raised
in the case briefs, may be filed not later than five days after the
date for filing case briefs.\12\ Interested parties who submit case
briefs or rebuttal briefs in this proceeding must submit: (1) a table
of contents listing each issue; and (2) a table of authorities.\13\
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\12\ See 19 CFR 351.309(d); see also Administrative Protective
Order, Service, and Other Procedures in Antidumping and
Countervailing Duty Proceedings, 88 FR 67069, 67077 (September 29,
2023) (APO and Service Procedures).
\13\ See 19 CFR 351.309(c)(2) and (d)(2).
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As provided under 19 CFR 351.309(c)(2)(iii) and (d)(2)(iii), we
request that interested parties provide at the beginning of their
briefs a public, executive summary for each issue raised in their
briefs.\14\ Further, we request that interested parties limit their
executive summary of each issue to no more than 450 words, not
including citations. We intend to use the executive summaries as the
basis of the comment summaries included in the issues and decision
memorandum that will accompany the final determination in this
investigation. We request that interested parties include footnotes for
relevant citations in the executive summary of each issue. Note that
Commerce has amended certain of its requirements pertaining to the
service of documents in 19 CFR 351.303(f).\15\
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\14\ We use the term ``issue'' here to describe an argument that
Commerce would normally address in a comment of the Issues and
Decision Memorandum.
\15\ See APO and Service Procedures.
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing, limited to issues raised in the case and rebuttal
briefs, must submit a written request to the Assistant Secretary for
Enforcement and Compliance, U.S. Department of Commerce, within 30 days
after the date of publication of this notice. Requests should contain:
(1) the party's name, address, and telephone number; (2) the number of
participants and whether any participant is a foreign national; and (3)
a list of the issues to be discussed. If a request for a hearing is
made, Commerce intends to hold the hearing at a time and date to be
determined. Parties should confirm by telephone the date, time, and
location of the hearing two days before the scheduled date.
Postponement of Final Determination and Extension of Provisional
Measures
Section 735(a)(2) of the Act provides that a final determination
may be postponed until not later than 135 days after the date of the
publication of the preliminary determination if, in the event of an
affirmative preliminary determination, a request for such postponement
is made by exporters who account for a significant proportion of
exports of the subject merchandise, or in the event of a negative
preliminary determination, a request for such postponement is made by
the petitioner. Section 351.210(e)(2) of Commerce's regulations
requires that a request by exporters for postponement of the final
determination be accompanied by a request for extension of provisional
measures from a four-month period to a period not more than six months
in duration.
On July 23, 2026, pursuant to 19 CFR 351.210(e), HYMEX requested
that Commerce postpone the final determination and that provisional
measures be extended to a period not to exceed six months.\16\ In
accordance with section 735(a)(2)(A) of the Act and 19 CFR
351.210(b)(2)(ii), because: (1) the preliminary determination is
affirmative; (2) the requesting exporter accounts for a significant
proportion of exports of the subject merchandise; and (3) no compelling
reasons for denial exist, Commerce is postponing the final
determination and extending the provisional measures from a four-month
period to a period not greater than six months. Accordingly, Commerce
will
[[Page 49419]]
make its final determination no later than 135 days after the date of
publication of this preliminary determination.
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\16\ See HYMEX's Letter, ``Request for Postponement of Final AD
Determination,'' dated July 23, 2026.
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U.S. International Trade Commission Notification
In accordance with section 733(f) of the Act, Commerce will notify
the U.S. International Trade Commission (ITC) of its preliminary
determination. If the final determination is affirmative, the ITC will
determine before the later of 120 days after the date of this
preliminary determination or 45 days after the final determination
whether these imports are materially injuring, or threaten material
injury to, the U.S. industry.
Notification to Interested Parties
This determination is issued and published in accordance with
sections 733(f) and 777(i)(1) of the Act and 19 CFR 351.205(c).
Dated: July 29, 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 I
Scope of the Investigation
The merchandise covered by this investigation 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 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 investigation, 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
investigation.
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 the
investigation are typically classified in the Harmonized Tariff
Schedule of the United States (HTSUS) at subheadings: 8716.39.0040,
8716.39.0090 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.
Appendix II
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Period of Investigation
IV. Affiliation
V. Application of Facts Available and Use of Adverse Inferences
VI. Discussion of the Methodology
VII. Currency Conversion
VIII. Adjustments to Cash Deposit Rates for Export Subsidies in the
Companion Countervailing Duty Investigation
IX. Recommendation
[FR Doc. 2026-15764 Filed 8-3-26; 8:45 am]
BILLING CODE 3510-DS-P