Petition Summary: Certain Chassis And Subassemblies Thereof From China

Husch Blackwell LLP
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On July 30, 2020, the Coalition of American Chassis Manufacturers (“Petitioners”), filed a petition for the imposition of antidumping and countervailing duties on certain chassis and subassemblies from China.

SCOPE OF THE INVESTIGATION

The merchandise covered by this investigation are chassis and subassemblies thereof, whether finished or unfinished, whether assembled or unassembled, whether coated or uncoated, regardless of the number of axles, designed primarily for use in the carriage of containers, or other payloads (including self-supporting payloads) that can be attached by twistlocks, slide pins or similar attachment devices, 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 attached to the chassis.

Subject merchandise includes, but is not limited to, the following subassemblies:

  • Chassis frames, or sections of chassis frames, including kingpins or kingpin assemblies, bolsters consisting of transverse beams with locking or support mechanisms, goosenecks, drop assemblies, extension mechanisms and/or rear impact guards;
  • 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, axles, brake chambers, locking pins, and tires and wheels;
  • Landing gear (legs) or landing gear assemblies, for connection to the chassis frame, capable of supporting the chassis when it is not engaged to a tractor; and
  • Assemblies and/or components 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 or for further assembly with components such as, but not limited to: hub and drum assemblies, brake assemblies (either drum or disc), 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.

This scope excludes dry van trailers, refrigerated trailers and flatbed trailers. 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. While the HTSUS subheadings are provided for convenience and customs purposes, the written description of the merchandise under investigation is dispositive.

 

PETITIONERS

Cheetah Chassis Corporation

225 Lincoln Highway, Suite 202

Fairless Hills, PA 19030

Phone: 215-949-4790

Fax: 215-949-4779

Contact Person: Shari Solomon

Email: ssolomon@diamatrix.net

 

Hercules Enterprises, LLC

321 Valley Rd.

Hillsborough, NJ 08844

Phone: 908-369-0000

Fax: 908-369-0626

Contact Person: Frank Conti

Email: fconti@herculesent.com

 

Pitts Enterprises, Inc.

5734 Pittsview Hwy

Pittsview, AL 36871

Phone: 800-321-8073

Contact Person: Philip Smitley

Email: philips@pittstrailers.com

 

Pratt Industries, Inc.

11365 Red Arrow Hwy

Bridgman, MI 49106

Phone: 269-465-7676

Fax: 269-465-7677

Contact Person: Kent Musick

Email: kent.musick@prattinc.com

 

Stoughton Trailers, LLC

416 S. Academy Street

Stoughton, WI 53589

Phone: 608-873-2500

Contact Person: Richard G. Raymond

Email: rraymond@stoughtontrailers.com

 

COUNSEL FOR PETITIONERS

Timothy C. Brightbill

Wiley Rein LLP

1776 K Street N.W.

Washington, DC 20006

(202) 719-7000

 

NAMED PRODUCERS/EXPORTERS

For a list of foreign producers/exporters alleged by Petitioner, please see Attachment I .

 

NAMED IMPORTERS

For a list of importers alleged by Petitioner, please see Attachment II

 

ESTIMATED SCHEDULE

Event Earliest Date
Petition Filed July 30, 2020
DOC Initiation August 19, 2020
   
ITC Preliminary Investigation:  
Questionnaires Due August 13, 2020
Request to appear at hearing August 18, 2020
Hearing August 20, 2020
Briefs August 25, 2020
ITC Vote September 14, 2020
   
DOC Investigation Schedule:  
DOC Preliminary Antidumping Determination January 6, 2021
DOC Preliminary Countervailing Determination October 23, 2020
DOC Final Antidumping Determination March 22, 2021
DOC Final Countervailing Determination January 6, 2021
ITC Final AD Determination May 6, 2021
ITC Final CVD Determination February 22, 2021

 

ALLEGED DUMPING MARGINS

China: 211.49%

 

ALLEGED SUBSIDIES

For a list of alleged countervailing duty programs, please see Attachment III

 

IMPORTS OF SUBJECT MERCHANDISE

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  2017 2018 2019 Jan – Mar 2019 Jan – Mar 2020

China

(8716.39.0090)

         
Quantity(Units) 41,104 68,751 29,110 8,462 4,019
Value ($1,000) 354,319 573,854 255,810 68,505 40,274
AUV ($/Units) 8,620 8,347 8,788 8,096 10,021

China

(8716.90.5060)

         
Quantity(KG) 135,029,187 166,193,777 127,629,766 34,733,004 25,269,627
Value ($1,000) 298,321 401,914 340,087 88,971 70,039
AUV ($/KG) 2.21 2.42 2.66 2.56 2.77
--> Scroll to see full table data

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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