Notice2026-08040
Certain Chassis and Sub assemblies There of From Mexico: Final Affirmative Countervailing Duty Determination
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
April 24, 2026
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) determines that countervailable subsidies are being provided to producers and exporters of certain chassis and subassemblies thereof (chassis) from Mexico. The period of investigation is January 1, 2024, through December 31, 2024.
Full Text
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<title>Federal Register, Volume 91 Issue 79 (Friday, April 24, 2026)</title>
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[Federal Register Volume 91, Number 79 (Friday, April 24, 2026)]
[Notices]
[Pages 22136-22139]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-08040]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-201-866]
Certain Chassis and Sub assemblies There of From Mexico: Final
Affirmative Countervailing Duty Determination
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) determines that
countervailable subsidies are being provided to producers and exporters
of certain chassis and subassemblies thereof (chassis) from Mexico. The
period of investigation is January 1, 2024, through December 31, 2024.
DATES: Applicable April 24, 2026.
FOR FURTHER INFORMATION CONTACT: Jose Rivera, AD/CVD Operations, Office
VII, Enforcement and Compliance, International Trade Administration,
U.S. Department of Commerce, 1401
[[Page 22137]]
Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-
0842.
SUPPLEMENTARY INFORMATION:
Background
On August 1, 2025, Commerce published the Preliminary Determination
in the Federal Register and invited interested parties to comment.\1\
In accordance with section 701(a)(1) of the Tariff Act of 1930, as
amended (the Act), and 19 CFR 351.210(b)(4), Commerce aligned the final
countervailing duty (CVD) determination with the final determination in
the companion less-than-fair-value investigation of chassis from
Mexico.\2\
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\1\ See Certain Chassis and Subassemblies Thereof 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.
\2\ See Preliminary Determination, 90 FR at 36137.
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Due to the lapse in appropriations and Federal Government shutdown,
on November 14, 2025, Commerce tolled all deadlines in administrative
proceedings by 47 days.\3\ Additionally, due to a backlog of documents
that were electronically filed via Enforcement and Compliance's
Antidumping and Countervailing Duty Centralized Electronic Service
System (ACCESS) during the Federal Government shutdown, on November 24,
2025, Commerce tolled all deadlines in administrative proceedings by an
additional 21 days.\4\ Accordingly, the deadline for this final
determination is now April 20, 2026.
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\3\ See Memorandum, ``Deadlines Affected by the Shutdown of the
Federal Government,'' dated November 14, 2025.
\4\ See Memorandum, ``Tolling of all Case Deadlines,'' dated
November 24, 2025.
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For a complete description of the events that followed the
Preliminary Determination, see the Issues and Decision Memorandum.\5\
The Issues and Decision Memorandum is a public document and is on file
electronically via 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 Issues
and Decision Memorandum can be accessed directly at <a href="https://access.trade.gov/frnotices">https://access.trade.gov/frnotices</a>.
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\5\ See Memorandum, ``Issues and Decision Memorandum for the
Final Affirmative Determination in the Countervailing Duty
Investigation of Chassis and Subassemblies Thereof from Mexico,''
dated concurrently with, and hereby adopted by, this notice (Issues
and 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
During the course of this investigation, Commerce received scope
comments from interested parties. Commerce issued a Preliminary Scope
Decision Memorandum to address these comments and set aside a period of
time for parties to address scope issues in scope-specific case and
rebuttal briefs.\6\ Between August 2025 and September 2025, Commerce
received scope case and rebuttal briefs from interested parties.\7\ On
February 10, 2026, the petitioner requested a scope exclusion.\8\ After
analyzing these comments, we made changes to the scope of the
investigation published in the Preliminary Determination, as noted in
Appendix I.\9\
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\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).
\7\ See PJ Trailers Seminole Inc.'s Letter, ``PJ Trailers
Seminole Inc.'s Scope Case Brief,'' dated August 27, 2025; see also
Hyundai de Mexico S.A. de C.V.'s Letter, ``HT's Scope Case Brief,''
dated August 27, 2025; and Petitioner's Letter, ``Scope Rebuttal
Brief,'' dated September 5, 2025.
\8\ See Petitioner's Letter, ``Request Scope Exclusion,'' dated
February 10, 2026.
\9\ 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: Final
Scope Decision Memorandum,'' dated concurrently with this notice.
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Analysis of Subsidy Programs and Comments Received
The subsidy programs under investigation, and the issues raised in
the case and rebuttal briefs submitted by parties in this
investigation, are discussed in the Issues and Decision Memorandum. For
a list of the issues raised by parties, and to which we responded in
the Issues and Decision Memorandum, see Appendix II.
Methodology
Commerce conducted this investigation in accordance with section
701 of the Act. For each of the subsidy programs found countervailable,
Commerce determines that there is a subsidy, i.e., a financial
contribution by an ``authority'' that gives rise to a benefit to the
recipient, and that the subsidy is specific.\10\ For a full description
of the methodology underlying our preliminary determination, see the
Issues and Decision Memorandum.
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\10\ See sections 771(5)(B) and (D) of the Act regarding
financial contribution; section 771(5)(E) of the Act regarding
benefit; and section 771(5A) of the Act regarding specificity.
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In making this final determination, Commerce relied on facts
otherwise available, including with an adverse inference, pursuant to
sections 776(a) and (b) of the Act. For a full discussion of our
application of adverse facts available (AFA), see the ``Use of Facts
Otherwise Available and Application of Adverse Inferences'' section in
the Issues and Decision Memorandum.
Changes Since the Preliminary Determination
For this final determination, we revised the AFA rate from the
Preliminary Determination applied to the sole mandatory respondent,
Hyundai de Mexico S.A. de C.V. (HYMEX), and nine exporters and/or
producers of chassis from Mexico that did not respond to the quantity
and value (Q&V) questionnaire. For a discussion of these changes, see
the Issues and Decision Memorandum.
All-Others Rate
Sections 703(d) and 705(c)(5)(A) of the Act provide that Commerce
shall determine an estimated all-others rate for companies not
individually examined. This rate shall be an amount equal to the
weighted average of the estimated subsidy rates established for those
companies individually examined, excluding any zero and de minimis
rates and any rates based entirely under section 776 of the Act.
Pursuant to section 705(c)(5)(A)(ii) of the Act, if the individual
estimated countervailable subsidy rates 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 subsidy rate for all
other producers and/or exporters. In this investigation, the estimated
subsidy rate for the individually examined respondents is based
entirely on facts otherwise available, pursuant to section 776 of the
Act. This is the only rate available in this proceeding for deriving
the all-others rate. Consequently, the subsidy rate determined for
HYMEX is also assigned as the subsidy rate for all other producers and/
or exporters.
Rate for Non-Responsive Companies
The following nine exporters and/or producers of chassis from
Mexico did not respond to the 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
[[Page 22138]]
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, for this
final determination, pursuant sections 776(a)(1) and (2)(A)-(C) of the
Act, we are basing the countervailable subsidy rate for these non-
responsive companies on facts otherwise available.
In addition, we 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, these companies did not cooperate to
the best of their ability in this investigation. Accordingly, we find
that an adverse inference is warranted to ensure that these non-
responsive companies will not obtain a more favorable result than had
they fully complied with our request for information.
Final Determination
Commerce determines that the following estimated countervailable
subsidy rates exist:
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Subsidy rate
Company (percent ad
valorem)
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Hyundai de Mexico S.A. de C.V............................. *76.91
BRD Trailers, S.A. de C.V................................. *76.91
Carrocerias Gallegos S.A. de C.V.......................... *76.91
Commercializadora Nimmka, S.A. de C.V. (d/b/a Atro *76.91
Remolques y Carroceria)..................................
Carrocerias Corpus Christi S.A. DE C.V.................... *76.91
Fruehauf de Mexico, S.A. de C.V........................... *76.91
Lodi Trailers............................................. *76.91
Norstar Trailers Mexico S de R.L. de C.V. (d/b/a Iron Bull *76.91
Trailers)................................................
Semiremolques El Paisano S.A. de C.V...................... *76.91
Ventura Trailers.......................................... *76.91
All Others................................................ 76.91
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* Rate based on facts available with adverse inferences.
Disclosure
Commerce intends to disclose its calculations and analysis
performed to interested parties in this final determination within five
days of its public announcement, or if there is no public announcement,
within five days of the date of publication of this notice in the
Federal Register, in accordance with 19 CFR 351.224(b).
Continuation of Suspension of Liquidation
As a result of our Preliminary Determination, and pursuant to
sections 703(d)(1)(B) and (d)(2) of the Act, Commerce instructed U.S.
Customs and Border Protection (CBP) to collect cash deposits and
suspend liquidation of entries of subject merchandise as described in
the scope of the investigation section entered, or withdrawn from
warehouse, for consumption on or after August 1, 2025, the date of
publication of the Preliminary Determination in the Federal Register.
In accordance with section 703(d) of the Act, we instructed CBP to
discontinue the suspension of liquidation of all entries of subject
merchandise entered or withdrawn from warehouse, on or after November
29, 2025, the first day provisional measures were no longer in effect,
but to continue the suspension of liquidation of all entries of subject
merchandise on or before November 28, 2025.
If the U.S. International Trade Commission (ITC) issues a final
affirmative injury determination, we will issue a CVD order, reinstate
the suspension of liquidation under section 706(a) of the Act, and
require a cash deposit of estimated countervailing duties for such
entries of subject merchandise in the amounts indicated above. Pursuant
to section 705(c)(2) of the Act, if the ITC determines that material
injury, or threat of material injury, does not exist, this proceeding
will be terminated, and all estimated duties deposited or securities
posted as a result of the suspension of liquidation will be refunded or
canceled.
ITC Notification
In accordance with section 705(d) of the Act, Commerce will notify
the ITC of its final affirmative determination that countervailable
subsidies are being provided to producers and exporters of chassis from
Mexico. As Commerce's final determination is affirmative, in accordance
with section 705(b) of the Act, the ITC will determine, within 45 days,
whether the domestic industry in the United States is materially
injured, or threatened with material injury, by reason of imports of
chassis from Mexico. In addition, we are making available to the ITC
all non-privileged and non-proprietary information in our files,
provided the ITC confirms that it will not disclose such information,
either publicly or under administrative protective order (APO), without
the written consent of the Assistant Secretary for Enforcement and
Compliance.
If the ITC determines that material injury or threat of material
injury does not exist, this proceeding will be terminated and all cash
deposits will be refunded. If the ITC determines that such injury does
exist, Commerce will issue a CVD order directing CBP to assess, upon
further instruction by Commerce, countervailing duties on all imports
of the subject merchandise that are entered, or withdrawn from
warehouse, for consumption on or after the effective date of the
suspension of liquidation, as discussed in the ``Continuation of
Suspension of Liquidation'' section, above.
Administrative Protective Order
In the event that the ITC issues a final negative injury
determination, this notice will serve as the only reminder to parties
subject to an APO of their responsibility concerning the destruction of
proprietary information disclosed under APO, in accordance with 19 CFR
351.305(a)(3). Timely written notification of the return/destruction of
APO materials or conversion to judicial protective order is hereby
requested. Failure to comply with the regulations and terms of an APO
is a violation which is subject to sanction.
Notification to Interested Parties
This determination is issued and published pursuant to sections
705(d) and 777(i) of the Act, and 19 CFR 351.210(c).
Dated: April 20, 2026.
Christopher Abbott,
Deputy Assistant Secretary for Policy and Negotiations, performing the
non-exclusive functions and duties of the Assistant Secretary for
Enforcement and Compliance.
Appendix 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
[[Page 22139]]
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.
The scope also excludes fully and permanently assembled trailers
that have permanently incorporated floors welded to the frame
without a locking mechanism, a gross axle weight ratings of 8,000
lbs or less, and that connect to Federal Highway Administration
Class 3 or Class 5 vehicles with a coupler rated for SAE J684
Standard Class 4, whether entered with or without neck, ramp, dove
tail, or dump/safety arm components. The scope also excludes fully
dressed axle subassemblies with a gross axle weight rating of 8,000
lbs or less, an outer diameter of the axle beam of three inches or
less, and eight or fewer lug nuts.
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 Issues and Decision Memorandum
I. Summary
II. Background
III. Changes Since the Preliminary Determination
IV. Use Of Facts Otherwise Available and Adverse Inferences
V. Discussion of the Issues
Comment 1: Whether Commerce Properly Rejected HYMEX's Unreported
Toller Information
Comment 2: Whether Commerce Should Apply Total Adverse Facts
Available (AFA) to HYMEX
Comment 3: Whether Commerce Should Find Certain Programs Not
Countervailable
VI. Recommendation
[FR Doc. 2026-08040 Filed 4-23-26; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on April 24, 2026.
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