Key information regarding the antidumping and countervailing duty petitions on Van-Type Trailers and Subassemblies Thereof from Canada, Mexico, and China

The Petitions

On November 20, 2025, the American Trailer Manufacturers Coalition ("Petitioner") filed antidumping duty ("ADD") and countervailing duty ("CVD") petitions on imports of van-type trailers and subassemblies thereof ("VTTS") from Canada, Mexico, and the People's Republic of China ("China"). The ADD petition alleges that imports of VTTS from the targeted countries are being sold in the United States at less than fair value (that is, "dumped"). The CVD petition alleges that the Governments of the targeted countries are providing countervailable subsidies with respect to the manufacture, production, and export of VTTS. Petitioner alleges that the domestic industry has been materially injured and is threatened with further material injury by the subject imports.

1. Scope. Petitioner defined the products covered by the ADD/CVD petitions (i.e., the scope) as follows:

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.

The scope includes subassemblies, 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.

The scope also covers 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.

2. Import Volumes. Petitioner listed the following quantities and values for the subject imports:

Overview of ADD/CVD proceedings

There are two phases – preliminary and final – of ADD and CVD investigations. The Department of Commerce ("DOC") will determine whether imports of VTTS from Canada, Mexico, and China were dumped in the United States, and will establish the ADD that will be imposed. DOC will also determine whether the Governments of the targeted countries subsidized exports of VTTS to the United States and will establish the CVD that will be imposed. The International Trade Commission ("ITC") will determine whether imports of the subject merchandise are materially injuring, or threaten to materially injure, the domestic industry.

In order for final ADD and CVD to be imposed, both agencies must issue "affirmative" findings. We discuss below the steps involved in the DOC's and ITC's respective investigations.

A. DOC Dumping Investigation

By December 10, 2025, DOC must decide whether the ADD petition contains the legally required information regarding Petitioner's standing, dumping, and injury to warrant initiating an investigation. The standard for initiation is low, requiring only that the ADD petition contains information that is "reasonably available" to Petitioner that supports allegations of dumping. Consequently, we expect DOC will initiate the ADD investigation by the December 10 deadline.

DOC will issue an ADD Questionnaire to, and calculate an individual dumping rate for, one or more producers in each of the targeted countries. These producers are referred to as "mandatory respondents." DOC typically decides which producers will receive the questionnaire based on export volumes. DOC could choose only one producer from each targeted country to respond to the ADD Questionnaire, if it is possible to account for 80%-85% of exports with just one producer. If not, DOC will choose two or more producers from each targeted country.

The companies that are selected as mandatory respondents will be assigned ADD rates based on their actual data. If a company refuses to respond to the ADD Questionnaire, it will be assigned a dumping rate based on "adverse facts available" ("AFA"), which is a punitive rate, typically based on the dumping rate calculated in the petition. The dumping rates alleged in the petition for each subject country are as follows:

Because DOC considers China a "non-market economy" ("NME"), DOC begins its investigation under the assumption that all exporters are part of a single, government-operated "China-wide entity," and will be subject to a "China-wide" antidumping duty rate. This China-wide rate is often based on AFA, making it punitively high. Companies that demonstrate sufficient independence from the Government of China may receive a separate dumping rate based on their actual data.

All other producers from each country (other than those that are issued the ADD Questionnaire) will be subject to each country's "All Others" Rate, which normally is calculated as the weighted average of the rates assigned to the mandatory respondents in each country.

The ADD Questionnaire will request detailed information regarding US sales and home-market sales of VTTS (transaction-specific prices, direct selling expenses, movement expenses, etc.) and production costs during the period of investigation ("POI"), which will be the period of October 1, 2024, through September 30, 2025 for Canda and Mexico, and the period of April 1, 2025, through September 30, 2025 for China. DOC will also issue one or more supplemental questionnaires to clarify information reported in the initial response, oftentimes based on Petitioner's comments. The burden of responding to the ADD questionnaires is significantly increased if: (1) companies affiliated with the mandatory respondent also produce and/or sell the subject merchandise in the targeted countries; and/or (2) key materials used to produce the subject merchandise are purchased from affiliated suppliers.

Within 140 days after the ADD investigation is initiated (we estimate by April 29, 2026), DOC must make a preliminary ADD determination of whether dumping exists and, if so, the estimated dumping margin for each company investigated (DOC can, and often does, postpone the preliminary determination for an additional 50 days). If DOC makes affirmative preliminary ADD determinations, US Customs and Border Protection ("CBP") will suspend liquidation of entries of VTTS from the targeted countries, and require importers to provide ADD cash deposits equal to the preliminary dumping margin calculated for the exporter multiplied by the entered value of the merchandise. Normally, the suspension of liquidation begins on the date DOC's preliminary determination is published in the Federal Register. However, if there are "critical circumstances," the suspension can apply retroactively to imports made 90 days before the preliminary determination is published.

DOC personnel normally visit the mandatory respondents' offices to verify the accuracy of the information provided in the ADD questionnaire responses. DOC normally conducts the verifications after the preliminary determination. If the questionnaire responses are incomplete or their accuracy cannot be verified, DOC will calculate dumping margins based on AFA, which normally means DOC will accept the dumping margins calculated by Petitioner. Verification is one of the most difficult aspects of the ADD investigation.

Within 75 days after the preliminary determination, DOC will issue a final ADD determination for each subject country (as with the preliminary determination, DOC can, and often does postpone this deadline for an additional 60 days). DOC's final decision is based on the verified information, public hearings, and briefs submitted by counsel involved in the case. If a zero-dumping finding is made, or only "de minimis" levels (i.e., less than 2.00%) of dumping margin are found for a given subject country, the investigation ends for that country. If DOC's final ADD determination is affirmative, the case proceeds to the ITC for a final injury determination. DOC will also instruct CBP to continue to suspend liquidation of entries of VTTS from the targeted countries, and require ADD cash deposits at the final dumping margins determined for each exporter. Individual companies receiving zero or de minimis rates are excluded from the ADD order (if issued).

B. DOC Anti-Subsidy (CVD) Investigation

As with the dumping investigation, DOC must decide whether the CVD petition contains the legally required information regarding Petitioner's standing, subsidies, and injury to warrant initiating an investigation by December 10, 2025.

DOC will then issue CVD questionnaires to the companies selected for investigation, as well as to the Governments of the targeted countries. Typically, DOC chooses the two or three largest foreign exporters to respond to the questionnaire. Again, these are referred to as "mandatory respondents." The CVD questionnaire will seek information about the alleged subsidies for the POI (the most recently completed fiscal year (i.e., 2024), as well as for the prior five years. DOC also will likely issue one or more supplemental questionnaires seeking clarification or additional information, oftentimes based on Petitioner's comments. The burden of responding to the CVD questionnaires is significantly increased if: (1) companies affiliated with the mandatory respondent also produce and/or sell the subject merchandise in the targeted countries; (2) companies affiliated with the mandatory respondent produce and supply key inputs for the mandatory respondent's production of the subject merchandise; and (3) the mandatory respondent has one or more parent or holding companies above it. Normally under such circumstances, companies affiliated with the mandatory respondent also would be required to submit responses to the CVD Questionnaire.

Within 65 days after the CVD investigation is initiated (we estimate by February 16, 2026), DOC must make a preliminary CVD determination of whether subsidization exists and, if so, the estimated CVD rate for each company investigated (DOC can, and often does, postpone the preliminary determination for an additional 65 days). If DOC makes an affirmative preliminary determination, CBP will (as in the dumping investigation) suspend liquidation of entries of VTTS from the targeted countries, and require importers to provide CVD cash deposits equal to the preliminary CVD rate calculated for the exporter multiplied by the entered value of the merchandise. Normally, the suspension of liquidation begins on the date DOC's preliminary determination is published in the Federal Register. However, if there are "critical circumstances," the suspension can apply retroactively to imports made 90 days before the preliminary determination is published.

DOC personnel will visit the mandatory respondents' offices to verify the accuracy of the information provided in the CVD questionnaire responses. DOC will also conduct on-site verifications of the information reported by the Governments of the targeted countries. If the CVD questionnaire responses are incomplete or their accuracy cannot be verified, DOC will calculate CVD rates based on AFA. Verification is one of the most difficult aspects of the CVD investigation.

Within 75 days after the preliminary determination, DOC will issue a final CVD determination. DOC's final decision is based on the verified information, public hearings, and briefs submitted by counsel involved in the case. If a zero-subsidy finding is made, or only "de minimis" levels of subsidies (i.e., less than 1.00%) are found for a given subject country, the investigation ends for that country. If DOC's final CVD determination is affirmative, the case proceeds to the ITC for a final injury determination. DOC will also instruct CBP to continue to suspend liquidation of entries of VTTS from the targeted countries, and require CVD cash deposits at the final subsidy rates determined for each exporter. Individual companies receiving zero or de minimis subsidy rates are excluded from the order.

C. ITC Injury Investigation

ITC is currently scheduled to make a preliminary determination (that is, the Commissioners will vote) no later than January 5, 2026. The preliminary investigation will move very quickly. The legal standard that ITC must apply in reaching its preliminary determination is very low. Essentially, ITC must issue an affirmative preliminary injury determination unless it is clear that the US industry is not being injured or is not threatened with injury. Any doubt requires ITC to continue the investigation. Because this standard is so low, it is extremely difficult to terminate an investigation at the preliminary stage. In the final injury investigation, ITC has considerably more time to conduct its investigation and consider the facts and arguments presented by the parties. The legal standard is also higher in the final phase. Therefore, foreign producers are more likely to succeed at the final stage of ITC's investigation than at the preliminary stage. Nevertheless, it can be advantageous for foreign producers and importers to participate in the preliminary phase of the investigation so they can frame themes and issues for ITC's consideration in the final phase.

ITC normally determines whether imports from all of the countries subject to ADD and CVD investigations combined have materially injured the US industry. This combined analysis is called "cumulation." In this case, ITC likely will consider the cumulated effect on US producers of imports of VTTS from all three targeted countries, Canada, China, and Mexico. Thus, the impact of subject imports from one of the countries under investigation could determine the outcome for the other countries under investigation. While it is possible for ITC not to cumulate imports from a particular country and make an independent injury finding for that country, the legal and factual standards for convincing ITC to do so are very difficult to meet.

ITC will base its preliminary injury determination primarily on information received in responses to questionnaires sent to US producers, US importers, and foreign producers. Typically, the ITC circulates these questionnaires to parties within two to three business days of the filing of the petition (i.e., on or around November 24, 2025); and sets the deadline for them a week before the Staff Conference, discussed below (i.e., on or around December 4, 2025). It is important that foreign producers from each of the targeted countries timely submit responses. Otherwise, ITC likely will accept Petitioner's allegations, resulting in an automatic affirmative preliminary injury determination.

ITC Staff will conduct a conference on December 11, 2025. At the conference, interested parties will have an opportunity to present oral testimony and answer ITC Staff's questions. Afterwards, parties will have an opportunity to present written arguments (and supporting exhibits) in post-conference briefs, which likely will be due on December 16, 2025.

In the final phase, the ITC conducts a more thorough investigation, with a higher standard for finding material injury. For the final phase, the ITC crafts more detailed questionnaires for issuance to US producers, US importers, and foreign producers, as well as (unlike in the preliminary phase) for issuance to US purchasers. Before issuing the questionnaires, ITC Staff circulates draft questionnaires for the parties' comments, which is an important opportunity to ensure the questionnaires solicit information needed to support the defense. After issuing and receiving responses to the questionnaires, ITC Staff prepares a report summarizing and discussing the information and data reported in the questionnaire responses, as well as information compiled from the preliminary phase of the investigation and ITC Staff's independent research. The ITC Staff's Report is important because it is a key document relied upon by the Commissioners in evaluating whether the US industry is materially injured or threatened with material injury because of the cumulated subject imports. After issuance of the ITC Staff Report, parties have approximately one week to submit briefs ("prehearing briefs") presenting their arguments supporting or opposing an affirmative determination of material injury (or threat thereof). Normally one week after the deadline for prehearing briefs, ITC holds a public hearing at which the Commissioners (i.e., the decision makers) preside. During the hearing, both sides – Petitioner in support of ADD/CVD and the foreign producers and US importers/purchasers opposed to ADD/CVD – will each have one hour to make an affirmative presentation, followed by a question-and-answer session with the Commissioners. For the defense, in particular, it is critical that industry witnesses (such as importers and US purchasers) opposed to the imposition of ADD/CVD participate and testify at the ITC hearing. After the hearing, the parties have approximately one week to prepare "posthearing briefs," which typically focus on rebutting the other side's arguments and answering specific questions raised by the Commissioners at the hearing. Several days before the date of the ITC's scheduled vote, parties have one last opportunity to submit final comments in the case. Unlike the preliminary phase, which takes place over the course of approximately six weeks, the final phase normally takes place over the course of approximately four months.

Calendar of proceedings

The table below provides key deadlines* for the DOC and ITC ADD and CVD proceedings. These dates assume full extensions of the statutory deadlines and that the final determinations of the ADD and CVD investigations will be "aligned."

* Please note dates are approximate. To the extent a deadline falls on a weekend or holiday, the event will usually occur the preceding or next business day.

James Tsai (White & Case, Law Clerk, Washington, DC) contributed to the development of this publication.

_{1 Note, however, that this date can be 90 days earlier if "critical circumstances" apply. See infra p. 5.
2 Note, however, that this date can be 90 days earlier if "critical circumstances" apply. See id.}

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