A petition filed Nov. 20 could result in the imposition of antidumping and countervailing duties on imports of van-type trailers and subassemblies thereof from Canada, Mexico, and China.
Scope
Van-type trailers, commonly referred to as semi trailers, are used to transport goods and are typically rectangular, fully-enclosed cargo boxes with a front nose, side walls, movable rear panels (such as roll-up or swing doors), a floor and subframe, a roof, suspension and axle system, wheels and tires, brakes, lighting and electrical systems, landing gear, and a coupling system for towing behind a truck or connecting to another van-type trailer. These trailers may or may not include refrigeration units, doors, and different configurations of rear panels.
The petition covers van-type trailers as well as their major subassemblies, including frames, walls, roofs, door frames, door assemblies, rear impact guards, coupler assemblies, running gear, and landing gear. These items are included whether finished or unfinished, assembled or unassembled, and regardless of whether they are imported alone or with other components.
Processing or assembly in the country of manufacture or a third country does not remove these products from the scope of the petition. The petition does not cover flatbed trailers, tank trailers, or truck bodies mounted directly on a vehicle.
Imports of van-type trailers and their subassemblies are primarily classified under HTSUS subheadings 8716.39.0040 and 8716.90.5060 but may also be entered under other HTSUS codes, including 7308.30.5050, 7308.90.9590, 7326.90.90.8688, 8708.29.1500, 8708.99.8180, 8716.90.5010.
AD/CVD Duty Rates
The petition alleges that subject goods are being sold in the U.S. market at less than normal value at margins of 209.47 to 1,363.25 percent.
However, importers are typically liable for the payment of AD/CVD duties at the alleged rates only when importing from foreign producers or exporters that fail to cooperate with AD/CVD investigations by the Department of Commerce and International Trade Commission. Lower rates are often assigned to imports from cooperative entities.
The petition also argues that subject goods are being subsidized by the governments of Canada, Mexico and China but does not assert specific rates.
Next Steps
The DOC and the ITC will consider this petition and quickly launch investigations to determine dumping margins/net subsidy rates and potential injury to the U.S. domestic industry, respectively. Preliminary determinations are due around Jan. 4 for the ITC and Feb. 13 (CVD) and April 29 (AD) for the DOC, although these dates may be extended.
If these preliminary determinations are affirmative, U.S. importers will be required to post AD and/or CVD cash deposits for all entries of subject goods entered on or after the date the DOC determinations are published. However, in certain circumstances duties could be owed three months prior to these dates. In addition, preliminary cash deposit rates can change in the final DOC determinations.
Many important issues affecting coverage, duty rates, and other considerations are argued and decided in the early stages of AD/CVD proceedings before preliminary determinations are issued. Companies that strategically engage in these early stages are thus best positioned to protect their interests and mitigate any potential duty liability. For more information, please contact Sandler, Travis & Rosenberg.
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