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The Petition
The American Trailer Manufacturers Coalition ("Petitioner") filed a new petition with the U.S. Department of Commerce ("DOC") and the U.S. International Trade Commission ("ITC") seeking the imposition of antidumping ("AD") and countervailing duties ("CVD") on imports into the United States of van-type trailers and subassemblies thereof imported from Canada, Mexico, and the People's Republic of China ("China"). Petitioner alleges that these imports are being dumped in the U.S. market and are also benefiting from unfair government subsidies.
Van-type trailers, also commonly referred to as "semi-trailers," typically feature a rectangular cargo space (also known as a "box") that is completely enclosed with a nose wall, side walls, back door, roof, and floor. Van-type trailers are produced with a variety of dimensions, configurations, and features. The most common lengths are 53- feet and 48- feet, but van-type trailers are also produced at other standard and non-standard lengths. This includes shorter "pup trailers" that are often 28- feet in length (but may be longer or shorter).
Van-type trailers are used to transport goods across U.S. roadways without exposing cargo to the elements. Because different cargo types have different temperature requirements, van-type trailers are produced with a variety of temperature regulation capabilities. To this end, some van-type trailers include foam insulated panels and a refrigeration unit to ensure precise temperature control. While all van-type trailers feature the same basic design, customers can specify modifications to meet their needs, such as rear lift gates, ramps, side doors, tire inflation systems, interior protective lining, internal lighting, and various flooring materials.
Please see below for the full text of the proposed scope for the investigations.
Key Facts
Petitioner: American Trailer Manufacturers Coalition
Foreign Producers/Exporters and U.S. Importers: Please contact Clark Hill's international trade team for a listing of individual importers and exporters named in the petition.
AD/CVD margins: Petitioner alleged the following AD and CVD margins:
- Canada: AD margin from 223.13% to 297.26%, ad valorem, and a CVD margin above de minimis.
- Mexico: AD margin from 209.47% to 431.89%%, ad valorem, and a CVD margin above de minimis.
- China: AD margin from 362.65% to 1,363.25%, ad valorem, and a CVD margin above de minimis.
The Investigation
The U.S. Department of Commerce ("DOC") and the U.S. International Trade Commission ("ITC") will conduct investigations. The ITC will determine if there is a reasonable indication that the imports are injuring or threatening to injure the U.S. industry. The DOC will then determine whether imports are being dumped or unfairly subsidized and will calculate corresponding AD and CVD duty margins that importers will need to pay on their entries.
Importers will be required to deposit the calculated AD/CVD duties on their imports as of the date that the DOC publishes its affirmative preliminary determination in the Federal Register. In this case, the DOC's preliminary determinations are currently expected by February 13, 2026 (CVD) and April 29, 2026 (AD). Importers should be aware that entries may be subject to cash deposits before these dates if the DOC finds that there is a surge of imports after the petition was filed.
Next Steps
All U.S. importers and foreign producers are advised to prepare as soon as possible due to the strict statutory deadlines in these investigations. If this product is of interest to you, please contact Clark Hill's international trade team so that we can provide you with additional information.
A schedule of approximate key dates is attached below.
The Scope
The following language describes the imported merchandise that Petitioners intend to cover in these investigations:
The merchandise covered by these investigations consists of certain van-type trailers and subassemblies thereof, whether finished or unfinished, whether assembled or unassembled, regardless of the number of axles, for carriage of goods. Van-type trailers are typically, but not limited to, rectangular cuboid trailers with a fully enclosed cargo space consisting of a front nose (with or without a refrigeration unit), side walls (with or without doors), movable rear panels (whether roll-up doors, swing doors, or another configuration), a floor and subframe, an affixed or removable roof, a suspension and axle system, wheels and tires, brakes, a lighting and electrical system, landing gear, and coupling for towing behind a truck tractor or a connection system for training behind another van-type trailer. Covered van-type trailers are those with a gross vehicle weight rating of greater than 26,000 pounds.
Subject merchandise includes, but is not limited to, the following subassemblies:
- Van-type trailer subframes, or sections of van-type trailer frames, typically consisting of welded crossmembers and slider rails for attaching the running gear;
- Nose wall, side wall, and roof subassemblies, whether insulated or non insulated, and with or without top, bottom, or side rails;
- Rear door frame, whether for swing or roll-up doors, with or without installed doors, bumpers, bumper plates, or reinforcing plates for liftgate;
- Door assemblies, whether for rear swing doors, roll-up doors, side doors or any other configuration, with or without lockrods, handles, hinges, or hinge pins;
- Rear impact guard subassemblies, typically consisting of a fabricated horizontal structural component (such as a guard tube) and uprights for connection to the underside of the rear frame;
- Coupler assembly for connection to truck tractor's fifth wheel, typically consisting of main beams and cross members, support plates, and front nose wrap, and with or without kingpin installed;
- Running gear subassemblies or axle assemblies for connection to the subframe, which may or may not include suspension(s), wheel end components, slack adjusters, dressed axles, brake chambers, locking pins, wheels, and tires; and
- Landing gear subassemblies, typically consisting of two landing legs, a cross channel, braces, bracketing, a cross shaft, and a crank handle.
These subassemblies are subject to the investigation, whether entered alone or with other subassemblies and whether assembled or unassembled. The absence of any subassembly from an otherwise finished or unfinished van-type trailer does not remove the van-type trailer from coverage.
Subject merchandise also includes van-type trailers and subassemblies 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, wheels, tires, brake control systems, electrical harnesses and lighting systems, lift gate systems, tire inflation systems, or refrigeration units (with or without evaporators or fuel tanks).
Processing of finished and unfinished van-type trailers and subassemblies, such as trimming, cutting, grinding, notching, punching, drilling painting, coating, staining, finishing, assembly, or any other processing either in the country of manufacture of the in-scope product or in a third country does not remove the product from the scope. Inclusion of other components not identified as comprising the finished or unfinished van-type trailer does not remove the product from the scope.
The finished and unfinished van-type trailers subject to these investigations are typically classified in the Harmonized Tariff Schedule of the United States ("HTSUS") at subheadings: 8716.39.0040 and 8716.90.5060. Imports of finished and unfinished subassemblies may also enter under HTSUS subheadings 7308.30.5050, 7308.90.9590, 7326.90.8688, 8708.29.1500, 8708.99.8180. 8716.90.5010. While the HTSUS subheadings are provided for convenience and customs purposes, the written description of the merchandise under investigation is dispositive.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
