Notice2025-04938
Certain Chassis and Subassemblies Thereof From Mexico, Thailand, and the Socialist Republic of Vietnam: Initiation of Less-Than-Fair-Value Investigations
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
March 24, 2025
Issuing agencies
Commerce DepartmentInternational Trade Administration
Full Text
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<title>Federal Register, Volume 90 Issue 55 (Monday, March 24, 2025)</title>
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[Federal Register Volume 90, Number 55 (Monday, March 24, 2025)]
[Notices]
[Pages 13457-13463]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-04938]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-201-865, A-549-854, A-552-849]
Certain Chassis and Subassemblies Thereof From Mexico, Thailand,
and the Socialist Republic of Vietnam: Initiation of Less-Than-Fair-
Value Investigations
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
DATES: Applicable March 18, 2025.
FOR FURTHER INFORMATION CONTACT: Jun Jack Zhao at (202) 482-1396
(Mexico), Aleksandras Nakutis at (202) 482-3147 (Thailand), and Benito
Ballesteros at (202) 482-7425 (the Socialist Republic of Vietnam
(Vietnam)), 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 February 26, 2025, the U.S. Department of Commerce (Commerce)
received antidumping duty (AD) petitions concerning imports of certain
chassis and subassemblies thereof (chassis) from Mexico, Thailand, and
Vietnam filed in proper form on behalf of the U.S. Chassis
Manufacturers Coalition (the petitioner),\1\ the members of which are
domestic producers of chassis.\2\ The AD Petitions were accompanied by
countervailing duty (CVD) petitions concerning imports of chassis from
Mexico and Thailand.\3\
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\1\ The members of the U.S. Chassis Manufacturers Coalition are
Cheetah Chassis Corporation and Stoughton Trailers, LLC.
\2\ See Petitioner's Letter, ``Petitions for the Imposition of
Antidumping and Countervailing Duties,'' dated February 26, 2025
(Petitions).
\3\ Id.
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Between February 28 and March 11, 2025, Commerce requested
supplemental information pertaining to certain aspects of the Petitions
in supplemental questionnaires.\4\ Between March 4 and 11, 2025, the
petitioner filed timely responses to these requests for additional
information.\5\
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\4\ See Commerce's Letters, ``Supplemental Questions,'' dated
February 28, 2025 (First General Issues Questionnaire); see also
Country-Specific Supplemental Questionnaires: Mexico Supplemental,
Thailand Supplemental, and Vietnam Supplemental, dated February 28,
2025; Memorandum, ``Phone Call with Counsel to the Petitioner,''
dated March 7, 2025; Memorandum, ``Phone Call with Counsel to the
Petitioner,'' dated March 7, 2025 (March 7, 2025, Scope Memorandum);
and Commerce's Letter, ``Supplemental Questions,'' dated March 10,
2025.
\5\ See Petitioner's Letters, ``Petitioner Response to 1st
Supplemental Questionnaire Regarding Common Issues and Injury Volume
I of the Petition,'' dated March 4, 2025 (First General Issues
Supplement); see also Country-Specific AD Supplemental Responses:
Mexico AD Supplement, Thailand AD Supplement, and Vietnam AD
Supplement, dated March 4, 2025; Second Thailand AD Supplement,
dated March 10, 2025; ``Petitioners Response to 2nd Supplemental
Questionnaire Regarding Common Issues and Injury Volume I of the
Petition,'' dated March 10, 2025 (Second General Issues Supplement);
and ``Petitioner Response to 3rd Supplemental Questionnaire
Regarding Common Issues and Injury Volume I of the Petition,'' dated
March 11, 2025 (Third General Issues Supplement). The petitioner
also filed a supplement correcting a clerical error and providing a
complete replacement of Exhibit I-13 of Volume I of the Petitions.
See Petitioner's Letter, ``Supplement to Exhibit I-13 of Volume I
General Issues Petition,'' dated February 27, 2025 (Revised Exhibit
I-13).
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In accordance with section 732(b) of the Tariff Act of 1930, as
amended (the Act), the petitioner alleges that imports of chassis from
Mexico, Thailand, and Vietnam 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 chassis
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 to support 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.\6\ Commerce also finds that
the petitioner demonstrated sufficient industry support for the
initiation of the requested LTFV investigations.\7\
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\6\ The members of the petitioning coalition are interested
parties under section 771(9)(C) of the Act.
\7\ See section on ``Determination of Industry Support for the
Petitions,'' infra.
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Periods of Investigation
Because the Petitions were filed on February 26, 2025, pursuant to
19 CFR 351.204(b)(1), the period of investigation (POI) for the Mexico
and Thailand LTFV investigations is January 1, 2024, through December
31, 2024. Because Vietnam is a non-market economy (NME) country,
pursuant to 19 CFR 351.204(b)(1), the POI for the Vietnam LTFV
investigation is July 1, 2024, through December 31, 2024.
Scope of the Investigations
The products covered by these investigations are chassis from
Mexico, Thailand, and Vietnam. For a full description of the scope of
these investigations, see the appendix to this notice.
Comments on the Scope of the Investigations
On February 28 and March 7, 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.\8\ On March 4 and 10, 2025, the petitioner provided
clarifications and revised the scope.\9\ The description of merchandise
covered by these investigations, as described in the appendix to this
notice, reflects these clarifications.
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\8\ See First General Issues Questionnaire; see also March 7,
2025, Scope Memorandum.
\9\ See First General Issues Supplement at 2-6 and Exhibit I-
Supp-4 through I-Supp-6; see also Second General Issues Supplement
at 1-8 and Exhibits I-Supp2-1 and I-Supp2-2.
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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).\10\ Commerce will consider all scope
comments received from interested parties and, if necessary, will
consult with interested parties prior to the issuance of the
preliminary determinations. If scope comments include factual
information,\11\ 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
[[Page 13458]]
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 April 7, 2025, 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 April 17, 2025, which is
10 calendar days from the initial comment deadline.
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\10\ See Antidumping Duties; Countervailing Duties, Final Rule,
62 FR 27296, 27323 (May 19, 1997) (Preamble); see also 19 CFR
351.312.
\11\ See 19 CFR 351.102(b)(21) (defining ``factual
information'').
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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.\12\ An electronically filed document must be received
successfully in its entirety by the time and date it is due.
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\12\ 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 <a href="https://access.trade.gov/help.aspx">https://access.trade.gov/help.aspx</a> and a handbook
can be found at <a href="https://access.trade.gov/help/Handbook_on_Electronic_Filing_Procedures.pdf">https://access.trade.gov/help/Handbook_on_Electronic_Filing_Procedures.pdf</a>.
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Comments on Product Characteristics
Commerce is providing interested parties an opportunity to comment
on the appropriate physical characteristics of chassis 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 chassis, 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 April 7,
2025, 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 April 17, 2025,
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 the 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,\13\ 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.\14\
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\13\ See section 771(10) of the Act.
\14\ 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)).
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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 investigations.\15\ Based on our analysis of the information
submitted on the record, we have determined that chassis, as defined in
the scope, constitute a single domestic like product, and we have
analyzed industry support in terms of that domestic like product.\16\
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\15\ See Petitions at Volume I (pages 22-26 and Exhibits I-3, I-
17, and I-18); see also Third General Issues Supplement at 1-4 and
Exhibits I-Supp3-1 and I-Supp3-2.
\16\ 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: Certain Chassis and Subassemblies Thereof from Mexico,
Thailand, and the Socialist Republic of Vietnam,'' 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 Certain Chassis and Subassemblies Thereof from
Mexico, Thailand, and the Socialist Republic of Vietnam (Attachment
II). These checklists are on file electronically via ACCESS.
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[[Page 13459]]
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.\17\ We relied
on data provided by the petitioner for purposes of measuring industry
support.\18\
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\17\ For further discussion, see Attachment II of the Country-
Specific AD Initiation Checklists.
\18\ Id.
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Our review of the data provided in the Petitions, the First General
Issues Supplement, and other information readily available to Commerce
indicates that the petitioner has established industry support for the
Petitions.\19\ 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).\20\ 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.\21\ 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.\22\ 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.\23\
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\19\ Id.
\20\ Id.; see also section 732(c)(4)(D) of the Act.
\21\ See Attachment II of the Country-Specific AD Initiation
Checklists.
\22\ Id.
\23\ Id.
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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.\24\
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\24\ 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 Certain Chassis and
Subassemblies Thereof from Mexico, Thailand, and the Socialist
Republic of Vietnam.
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The petitioner contends that the industry's injured condition is
illustrated by a significant increase in the volume of subject imports;
reduced market share; underselling and price depression and/or
suppression; lost sales and revenues; declines in domestic producers'
U.S. shipments, production, and capacity utilization; decline in
employment variables; adverse impact on financial performance; negative
impact on the existing development and production efforts of the
domestic industry; and the magnitude of the alleged dumping
margins.\25\ 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.\26\
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\25\ Id.
\26\ Id.
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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 chassis from Mexico, Thailand, and Vietnam. 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 Mexico and Vietnam, the petitioner based export price (EP) on
pricing information for chassis produced in each country and sold or
offered for sale in the U.S. market during the POI.\27\ For Thailand,
because the petitioner had reason to believe the sale or sales offer
was made through a U.S. affiliate, the petitioner based constructed
export price (CEP) on pricing information for chassis produced in
Thailand and sold or offered for sale in the U.S. market during the
POI.\28\ For each country, the petitioner made certain adjustments to
U.S. price to calculate a net ex-factory U.S. price, where
applicable.\29\
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\27\ See Country-Specific AD Initiation Checklists.
\28\ See Thailand AD Initiation Checklist.
\29\ See Country-Specific AD Initiation Checklists.
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Normal Value <SUP>30</SUP>
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\30\ In accordance with section 773(b)(2) of the Act, for the
Mexico and Thailand 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.
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For Mexico, the petitioner based NV on home market pricing
information obtained for chassis produced in and sold or offered for
sale in Mexico during the POI.\31\
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\31\ See Mexico AD Initiation Checklist.
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For Thailand, the petitioner stated that it was unable to obtain
home market or third-country pricing information for chassis in
Thailand to use as a basis for NV.\32\ Therefore, for Thailand, the
petitioner calculated NV based on CV. For further discussion of CV, see
the section ``Normal Value Based on Constructed Value.''
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\32\ See Thailand AD Initiation Checklist.
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Commerce considers Vietnam to be an NME country.\33\ 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 Vietnam 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.
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\33\ See, e.g., Raw Honey from the Socialist Republic of
Vietnam: Final Results of Antidumping Duty Changed Circumstances
Review, 89 FR 64411 (August 7, 2024), and accompanying NME Analysis
Memorandum at 5.
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The petitioner claims that Indonesia is an appropriate surrogate
country for Vietnam because it is a market economy that is at a level
of economic development comparable to that of Vietnam and is a
significant producer of comparable merchandise.\34\ The petitioner
provided publicly available information from Indonesia to value all
FOPs.\35\ Based on the information provided by the petitioner, we
believe it is appropriate to use Indonesia as a surrogate country for
Vietnam to value all FOPs for initiation purposes.
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\34\ See Vietnam AD Initiation Checklist.
\35\ Id.
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[[Page 13460]]
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
Vietnamese producers/exporters was not reasonably available, the
petitioner used the production experience and product-specific
consumption rates of a U.S. producer of chassis as a surrogate to value
Vietnamese manufacturers' FOPs.\36\ Additionally, for Vietnam, the
petitioner calculated factory overhead, selling, general, and
administrative expenses (SG&A), and profit based on the experience of
an Indonesian producer of comparable merchandise.\37\
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\36\ Id.
\37\ Id.
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Normal Value Based on Constructed Value
As noted above for Thailand, the petitioner stated that it was
unable to obtain home market or third-country prices for chassis to use
as a basis for NV. Therefore, for Thailand, the petitioner calculated
NV based on CV.\38\
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\38\ See Thailand AD Initiation Checklist.
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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.\39\ For Thailand, in calculating the cost of
manufacturing, the petitioner relied on the production experience and
input consumption rates of a U.S. producer of chassis, valued using
publicly available information applicable to Thailand.\40\ In
calculating SG&A expenses, financial expenses, and profit ratios, the
petitioner relied on the 2024 financial statements of a producer of
comparable merchandise domiciled in Thailand.\41\
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\39\ Id.
\40\ Id.
\41\ Id.
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Fair Value Comparisons
Based on the data provided by the petitioner, there is reason to
believe that imports Chassis from Mexico, Thailand, and Vietnam 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 chassis from each of the
countries covered by this initiation are as follows: (1) Mexico--32.37
percent; (2) Thailand--181.57 percent; (3) and Vietnam--302.52
percent.\42\
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\42\ See Country-Specific AD Initiation Checklists.
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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 chassis from Mexico, Thailand, and Vietnam 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
Mexico and Thailand
In the Petitions, the petitioner identified 13 companies in Mexico
and three companies in Thailand as producers and/or exporters of
chassis.\43\ Following standard practice in AD 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 this investigation, the
main HTSUS subheadings under which the subject merchandise would enter
(8716.39.0090 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 Q&V
questionnaires to each potential respondent for which there is complete
address information on the record.
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\43\ See Petitions at Volume I (page 17 and Exhibit I-13); see
also Revised Exhibit I-13; and First General Issues Supplement at 1-
2 and Exhibits I-Supp-1 and I-Supp-17.
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Commerce will also post the Q&V questionnaires along with filing
instructions on Commerce's website at <a href="https://www.trade.gov/ec-adcvd-case-announcements">https://www.trade.gov/ec-adcvd-case-announcements</a>. Exporters/producers of chassis from Mexico and
Thailand 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 p.m. on April 1, 2025, 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 <a href="https://www.trade.gov/administrative-protective-orders">https://www.trade.gov/administrative-protective-orders</a>.
Vietnam
In the Petitions, the petitioner identified four companies in
Vietnam as producers and/or exporters of chassis.\44\ Our standard
practice for respondent selection in AD investigations involving NME
countries is to select respondents based on Q&V questionnaires in cases
where Commerce 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.
Because there are four Vietnamese producers and/or exporters identified
in the Petitions, Commerce has determined that it will issue Q&V
questionnaires to each potential respondent for which there is complete
address information on the record.
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\44\ See Petitions at Volume I (page 27 and Exhibit I-13); see
also Revised Exhibit I-13; and First General Issues Supplement at 1
and Exhibit I-Supp-1.
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Commerce will post the Q&V questionnaires along with filing
instructions on Commerce's website at <a href="https://www.trade.gov/ec-adcvd-case-announcements">https://www.trade.gov/ec-adcvd-case-announcements</a>. Producers/exporters of chassis from Vietnam 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 Vietnamese producers/exporters no later than
5:00 p.m. ET on April 1, 2025, 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
[[Page 13461]]
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
<a href="https://www.trade.gov/administrative-protective-orders">https://www.trade.gov/administrative-protective-orders</a>.
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 <a href="https://access.trade.gov/Resources/nme/nme-sep-rate.html">https://access.trade.gov/Resources/nme/nme-sep-rate.html</a>. 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.\45\ Pursuant to 19 CFR 351.108(d)(1), the
separate rate application will be due 21 days after publication of this
initiation notice.\46\ 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.\47\ Commerce requires that companies from
Vietnam 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.
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\45\ See Regulations Enhancing the Administration of the
Antidumping and Countervailing Duty Trade Remedy Laws, 89 FR 101694,
101759-60 (December 16, 2024).
\46\ See 19 CFR 351.108(d)(1).
\47\ See 19 CFR 351.108(e).
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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.\48\
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\48\ 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
<a href="https://access.trade.gov/Resources/policy/bull05-1.pdf">https://access.trade.gov/Resources/policy/bull05-1.pdf</a>.
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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 Mexico, Thailand, and Vietnam 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 45 days after the date
on which the Petitions were filed, whether there is a reasonable
indication that imports of chassis from Mexico, Thailand, and/or
Vietnam are materially injuring, or threatening material injury to, a
U.S. industry.\49\ A negative ITC determination for any country will
result in the investigation being terminated with respect to that
country.\50\ Otherwise, these LTFV investigations will proceed
according to statutory and regulatory time limits.
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\49\ See section 733(a) of the Act.
\50\ Id.
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Particular Market Situation Allegation
Section 773(e) of the Act addresses the concept of particular
market situation (PMS) for purposes of CV, 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 \51\ 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
[[Page 13462]]
correct.\52\ 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.
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\51\ See 19 CFR 351.301(b).
\52\ See 19 CFR 351.301(b)(2).
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Time Limits for Submission of Factual Information in Response to
Questionnaires
Section 351.301(c) of Commerce's regulations states that during a
proceeding, Commerce may issue to any person questionnaires, which
includes both and initial and supplemental questionnaires. For all
investigations initiated after January 15, 2025, the following time
limits apply: \53\
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\53\ See 19 CFR 351.301(c)(1)(i)-(v).
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(i) Initial questionnaire responses are due 30 days from the date
of receipt of such questionnaire. The time limit for response to
individual sections of the questionnaire, if Commerce requests a
separate response to such sections, may be less than the 30 days
allotted for response to the full questionnaire. In general, the date
of receipt will be considered to be seven days from the date on which
the initial questionnaire was transmitted.
(ii) Supplemental questionnaire responses are due on the date
specified by Commerce.
(iii) A notification by an interested party, under section
782(c)(1) of the Act, of difficulties in submitting information in
response to a questionnaire issued by Commerce is to be submitted in
writing within 14 days after the date of the questionnaire or, if the
questionnaire is due in 14 days or less, within the time specified by
Commerce.
(iv) A respondent interested party may request in writing that
Commerce conduct a questionnaire presentation. Commerce may conduct a
questionnaire presentation if Commerce notifies the government of the
affected country and that government does not object.
(v) Factual information submitted to rebut, clarify, or correct
questionnaire responses. Within 14 days after an initial questionnaire
response and within 10 days after a supplemental questionnaire response
has been filed with Commerce, an interested party other than the
original submitter is permitted one opportunity to submit factual
information to rebut, clarify, or correct factual information contained
in the questionnaire response. Within seven days of the filing of such
rebuttal, clarification, or correction to a questionnaire response, the
original submitter of the questionnaire response is permitted one
opportunity to submit factual information to rebut, clarify, or correct
factual information submitted in the interested party's rebuttal,
clarification or correction. Commerce will reject any untimely filed
rebuttal, clarification, or correction submission and provide, to the
extent practicable, written notice stating the reasons for rejection.
If insufficient time remains before the due date for the final
determination or final results of review, Commerce may specify shorter
deadlines under this section.
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.\54\ 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.\55\
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\54\ 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 <a href="https://www.gpo.gov/fdsys/pkg/FR-2013-09-20/html/2013-22853.htm">https://www.gpo.gov/fdsys/pkg/FR-2013-09-20/html/2013-22853.htm</a>.
\55\ See 19 CFR 351.302; see also, e.g., Time Limits Final Rule.
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Certification Requirements
Any party submitting factual information in an AD or CVD proceeding
must certify to the accuracy and completeness of that information.\56\
Parties must use the certification formats provided in 19 CFR
351.303(g).\57\ Commerce intends to reject factual submissions if the
submitting party does not comply with the applicable certification
requirements.
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\56\ See section 782(b) of the Act.
\57\ 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 <a href="https://access.trade.gov/Resources/filing/index.html">https://access.trade.gov/Resources/filing/index.html</a>.
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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).\58\
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\58\ See Administrative Protective Order, Service, and Other
Procedures in Antidumping and Countervailing Duty Proceedings, 88 FR
67069 (September 29, 2023).
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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: March 18, 2025.
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
chassis and subassemblies thereof, whether finished or unfinished,
whether assembled or unassembled, whether coated or uncoated,
regardless of the number of axles, for carriage of containers, or
other payloads (including self-supporting payloads) for road, marine
roll-on/roll-off (RORO) and/or rail transport. Chassis are
typically, but are not limited to, rectangular framed trailers with
a suspension and axle system, wheels and tires, brakes, a lighting
and electrical system, a coupling for towing behind a truck tractor,
and a locking system or systems to secure the shipping container or
containers to the chassis using twistlocks, slide pins or similar
attachment devices to engage the corner fittings on the container or
other payload.
Subject merchandise includes, but is not limited to, the
following subassemblies:
<bullet> Chassis frames, or sections of chassis frames,
including kingpin assemblies, bolsters consisting of transverse
beams with locking or support mechanisms, goosenecks, drop
assemblies, extension mechanisms and/or rear impact guards;
<bullet> Running gear assemblies or axle assemblies for
connection to the chassis frame, whether fixed in nature or capable
of
[[Page 13463]]
sliding fore and aft or lifting up and lowering down, which may or
may not include suspension(s) (mechanical or pneumatic), wheel end
components, slack adjusters, dressed axles, brake chambers, locking
pins, and tires and wheels; and
<bullet> Assemblies that connect to the chassis frame or a
section of the chassis frame, such as but not limited to, pintle
hooks or B-trains (which include a fifth wheel), which are capable
of connecting a chassis to a converter dolly or another chassis.
Importation of any of these subassemblies, whether assembled or
unassembled, constitutes an unfinished chassis for purposes of these
investigations.
Subject merchandise also includes chassis, whether finished or
unfinished, entered with components 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, spoke or disc wheels, tires,
brake control systems, electrical harnesses and lighting systems.
Processing of finished and unfinished chassis and components
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 chassis does not remove the product from
the scope.
Individual components entered and sold by themselves are not
subject to the investigations, but components entered with a
finished or unfinished chassis are subject merchandise. A finished
chassis is ultimately comprised of several different types of
subassemblies. Within each subassembly there are numerous components
that comprise a given subassembly.
This scope excludes dry van trailers, refrigerated van trailers
and flatbed trailers. Dry van trailers are trailers with a wholly
enclosed cargo space comprised of fixed sides, nose, floor and roof,
with articulated panels (doors) across the rear and occasionally at
selected places on the sides, with the cargo space being permanently
incorporated in the trailer itself. Refrigerated van trailers are
trailers with a wholly enclosed cargo space comprised of fixed
sides, nose, floor and roof, with articulated panels (doors) across
the rear and occasionally at selected places on the sides, with the
cargo space being permanently incorporated in the trailer and being
insulated, possessing specific thermal properties intended for use
with self-contained refrigeration systems. Flatbed (or platform)
trailers consist of load carrying main frames and a solid, flat or
stepped loading deck or floor permanently incorporated with and
supported by frame rails and cross members.
The finished and unfinished chassis subject to these
investigations are typically classified in the Harmonized Tariff
Schedule of the United States (HTSUS) at subheadings: 8716.39.0090
and 8716.90.5060. Imports of finished and unfinished chassis may
also enter under HTSUS subheading 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. 2025-04938 Filed 3-21-25; 8:45 am]
BILLING CODE 3510-DS-P
</pre></body>
</html>Indexed from Federal Register on March 24, 2025.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.