Notice2025-18883
Certain Chassis and Subassemblies Thereof From Mexico: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Postponement of Final Determination, and Extension of Provisional Measures
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
September 29, 2025
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) preliminarily determines that certain chassis and subassemblies thereof (chassis) from Mexico are being, or is likely to be, sold in the United States at less than fair value (LTFV). The period of investigation (POI) is January 1, 2024, through December 31, 2024. Interested parties are invited to comment on this preliminary determination.
Full Text
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<title>Federal Register, Volume 90 Issue 186 (Monday, September 29, 2025)</title>
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[Federal Register Volume 90, Number 186 (Monday, September 29, 2025)]
[Notices]
[Pages 46557-46561]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-18883]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-201-865]
Certain Chassis 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 certain chassis and subassemblies thereof (chassis)
from Mexico are being, or is likely to be, sold in the United States at
less than fair value (LTFV). The period of investigation (POI) is
January 1, 2024, through December 31, 2024. Interested parties are
invited to comment on this preliminary determination.
DATES: Applicable September 29, 2025.
FOR FURTHER INFORMATION CONTACT: Jun Jack Zhao or Thomas Gilgunn, AD/
CVD Operations, Office VII, Enforcement and Compliance, International
Trade
[[Page 46558]]
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-1396 or (202) 482-4236,
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 March 24,
2025.\1\ On July 18, 2025, Commerce postponed the preliminary
determination of this investigation until September 24, 2025.\2\
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\1\ See Certain Chassis and Subassemblies Thereof from Mexico,
Thailand, and the Socialist Republic of Vietnam: Initiation of Less-
Than-Fair-Value Investigations, 90 FR 13457 (March 24, 2025)
(Initiation Notice).
\2\ See Certain Chassis and Subassemblies Thereof from Mexico,
Thailand, and the Socialist Republic of Vietnam: Postponement of
Preliminary Determinations in the Less-Than-Fair-Value
Investigations, 90 FR 33920 (July 18, 2025).
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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 <a href="https://access.trade.gov">https://access.trade.gov</a>. In addition, a complete
version of the Preliminary Decision Memorandum can be accessed directly
at <a href="https://access.trade.gov/public/FRNoticesListLayout.aspx">https://access.trade.gov/public/FRNoticesListLayout.aspx</a>.
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\3\ See Memorandum, ``Decision Memorandum for the Preliminary
Determination in the Less-Than-Fair-Value Investigation of Certain
Chassis 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 chassis 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 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 not preliminarily modifying the scope language as it
appeared in the Initiation Notice. See the scope in Appendix I to this
notice.
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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, ``Less Than Fair Value and Countervailing
Duty Investigations of Certain Chassis and Subassemblies Thereof
from Mexico, Thailand, and the Socialist Republic of Vietnam:
Preliminary Scope Decision Memorandum,'' dated July 28, 2025
(Preliminary Scope Decision Memorandum).
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Methodology
Commerce is conducting this investigation in accordance with
section 731 of the Act. Commerce has relied on facts available under
section 776(a) of the Act for Hyundai de Mexico S.A. de C.V. (HYMEX).
Furthermore, pursuant to section 776(b) of the Act, Commerce has
preliminarily relied upon facts otherwise available, with adverse
inferences for HYMEX. 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.
Pursuant to section 735(c)(5)(B) of the Act, if the estimated
weighted-average dumping margins established for all exporters and
producers individually examined are zero, de minimis or determined
based entirely on facts otherwise available, Commerce may use any
reasonable method to establish the estimated weighted-average dumping
margin for all other producers or exporters. For a full description of
the methodology underlying Commerce's analysis, see the Preliminary
Decision Memorandum.
Rate for Non-Responsive Companies
The following nine exporters and/or producers of chassis from
Mexico did not respond to the quantity and value (Q&V) questionnaire:
(1) BRD Trailers, S.A. de C.V.; (2) Carrocerias Gallegos S.A. de C.V.;
(3) Commercializadora Nimmka; S.A. de C.V. (d/b/a Atro Remolques y
Carroceria); (4) Carrocerias Corpus Christi S.A. DE C.V.; (5) Fruehauf
de Mexico; S.A. de C.V.; (6) Lodi Trailers; (7) Norstar Trailers Mexico
S de R.L. de C.V. (d/b/a Iron Bull Trailers); (8) Semiremolques El
Paisano S.A. de C.V.; and (9) Ventura Trailers (collectively, the non-
responsive companies). We find that, by not responding to the Q&V
questionnaire, these companies withheld necessary information that was
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 antidumping duty rate for
the non-responsive companies on facts otherwise 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 ``Use of Facts Otherwise Available and Adverse
Inferences'' in the Preliminary Decision Memorandum.
Preliminary Determination
Commerce preliminarily determines that the following estimated
weighted-average dumping margins exist:
[[Page 46559]]
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Cash deposit rate
Weighted-average (adjusted for
Exporter/producer dumping margin subsidy
(percent) offset(s))
(percent) \7\
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Hyundai de Mexico S.A. de C.V... * 32.37 0.00
BRD Trailers, S.A. de C.V....... * 32.37 0.00
Carrocerias Gallegos S.A. de C.V * 32.37 0.00
Commercializadora Nimmka, S.A. * 32.37 0.00
de C.V. (d/b/a Atro Remolques y
Carroceria)....................
Carrocerias Corpus Christi S.A. * 32.37 0.00
DE C.V.........................
Fruehauf de Mexico, S.A. de C.V. * 32.37 0.00
Lodi Trailers................... * 32.37 0.00
Norstar Trailers Mexico S de * 32.37 0.00
R.L. de C.V. (d/b/a Iron Bull
Trailers)......................
Semiremolques El Paisano S.A. de 3* 2.37 0.00
C.V............................
Ventura Trailers................ * 32.37 0.00
All Others...................... 32.37 0.00
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* Rate based on facts available with adverse inferences.
Suspension of Liquidation and Cash Deposit Requirements
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\7\ We adjusted the cash deposit rates for export subsidies of
50.73 percent (comprised of 13.62 percent for Program for the
Manufacturing Industry, Maquiladora, and Export Services (IMMEX),
13.62 percent for Eight Rule Permit, 13.62 percent for Duty
Drawback, 6.55 percent for Bancomext Financing, 3.32 percent for
State of Coahuila de Zaragoza--Law of Economic Development. See
Certain Chassis and Subassemblies from Mexico: Preliminary
Affirmative Countervailing Duty Determination and Alignment of Final
Determination with Final Antidumping Duty Determination, 90 FR 36137
(August 1, 2025), and accompanying Preliminary Decision Memorandum
at 25-26.
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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
Normally, Commerce discloses to interested parties the calculations
performed in connection with a 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 the notice of
preliminary determination in the Federal Register, in accordance with
19 CFR 351.224(b). However, because Commerce preliminarily applied AFA
to the individually examined company HYMEX in this investigation, in
accordance with section 776 of the Act, and the applied AFA rate is
based solely on the petition, there are no calculations to disclose.
Verification
Because HYMEX, the mandatory respondent in this investigation, did
not provide information requested by Commerce, and Commerce
preliminarily determines HYMEX has been uncooperative, we will not
conduct verification.
Public Comment
Case briefs or other written comments may be submitted to the
Assistant Secretary for Enforcement and Compliance no later than 30
days after the date of publication of the preliminary determination,
unless the Secretary alters the time limit.\8\ 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.\9\ 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.\10\
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\8\ See 19 CFR 351.309(c)(1)(i); see also 19 CFR 351.303 for
general filing requirement.
\9\ 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 Final Rule).
\10\ See 19 CFR 351.309(c)(2) and (d)(2).
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As provided under 19 CFR 351.309(c)(2) and (d)(2), in prior
proceedings we have encouraged interested parties to provide an
executive summary of their briefs that should be limited to five pages
total, including footnotes. In this investigation, we instead request
that interested parties provide at the beginning of their briefs a
public, executive summary for each issue raised in their briefs.\11\
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
[[Page 46560]]
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).\12\
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\11\ We use the term ``issue'' here to describe an argument that
Commerce would normally address in a comment of the Issues and
Decision Memorandum.
\12\ See APO and Service Final Rule.
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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
the party's name, address, and telephone number, the number of
participants, whether any participant is a foreign national, and 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. Pursuant to 19 CFR 351.210(e)(2), Commerce 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 September 18, 2025, pursuant to section 735(a)(2)(B) of the Act
and 19 CFR 351.210(b)(2)(i) and (ii), the petitioner and HYMEX
requested that Commerce postpone the final determination and that
provisional measures be extended to a period not to exceed six
months.\13\ 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 make its final determination no later than 135 days after the date
of publication of this preliminary determination.
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\13\ See Petitioner's Letter, ``Request for Postponement of
Final Determination,'' and HYMEX's Letter, ``HT's Request to
Postpone Final Determination,'' dated September 18, 2025. The
petitioner is the U.S. Chassis Manufacturers Coalition (the
petitioner), consisting of: Cheetah Chassis Corporation and
Stoughton Trailers LLC.
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U.S. International Trade Commission (ITC) Notification
In accordance with section 733(f) of the Act, Commerce will notify
the 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: September 24, 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 I
Scope of the Investigation
The merchandise covered by this investigation 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 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 this
investigation.
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 investigation, 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.
[[Page 46561]]
The finished and unfinished chassis subject to this
investigation 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.
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, Use of Adverse Inferences, and
Corroboration
VI. All-Others Rate
VII. Adjustment to Cash Deposit Rates for Export Subsidies in the
Companion CVD Investigation
VIII. Recommendation
[FR Doc. 2025-18883 Filed 9-26-25; 8:45 am]
BILLING CODE 3510-DS-P
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