Notice2024-27495
Overhead Door Counterbalance Torsion Springs From the People's Republic of China and India: Initiation of Less-Than-Fair-Value Investigations
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
November 25, 2024
Issuing agencies
Commerce DepartmentInternational Trade Administration
Full Text
<html>
<head>
<title>Federal Register, Volume 89 Issue 227 (Monday, November 25, 2024)</title>
</head>
<body><pre>
[Federal Register Volume 89, Number 227 (Monday, November 25, 2024)]
[Notices]
[Pages 92895-92901]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-27495]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-186, A-533-936]
Overhead Door Counterbalance Torsion Springs From the People's
Republic of China and India: Initiation of Less-Than-Fair-Value
Investigations
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
DATES: Applicable November 18, 2024.
FOR FURTHER INFORMATION CONTACT: Joshua Weiner (the People's Republic
of China (China)) and Ajay Menon (India), AD/CVD Operations,
Enforcement and Compliance, International Trade Administration, U.S.
Department of Commerce, 1401 Constitution Avenue NW, Washington, DC
20230; telephone: (202) 482-3902 and (202) 482-0208, respectively.
SUPPLEMENTARY INFORMATION:
The Petitions
On October 29, 2024, the U.S. Department of Commerce (Commerce)
received antidumping duty (AD) petitions concerning imports of overhead
door counterbalance torsion springs (overhead door springs) from China
and India filed in proper form on behalf of IDC Group, Inc., Iowa
Spring Manufacturing, Inc., and Service Spring Corp. (collectively, the
petitioners), U.S. producers of overhead door springs.\1\ The AD
Petitions were accompanied by countervailing duty (CVD) petitions
concerning imports of overhead door springs from China and India.\2\
---------------------------------------------------------------------------
\1\ See Petitioners' Letter, ``Petitions for the Imposition of
Antidumping and Countervailing Duties,'' dated October 29, 2024
(Petitions).
\2\ Id.
---------------------------------------------------------------------------
Between November 1 and 15, 2024, Commerce requested supplemental
information pertaining to certain aspects of the Petitions in
supplemental questionnaires.\3\ The petitioners responded to Commerce's
supplemental questionnaires on November 7 and 15, 2024.\4\
---------------------------------------------------------------------------
\3\ See Commerce's Letters, ``Supplemental Questions,'' dated
November 1, 2024 (General Issues Questionnaire); see also Country-
Specific AD Supplemental Questionnaires: China Supplemental and
India Supplemental, dated November 1 and 4, 2024; and Memorandum,
``Phone Call,'' dated November 15, 2024 (November 15, 2024,
Memorandum).
\4\ See Petitioners' Letters, ``Petitioners' Supplement to
Volume I of the Petition for the Imposition of Antidumping and
Countervailing duties on Imports from China and India,'' dated
November 7, 2024 (General Issues Supplement); see also Country-
Specific AD Supplemental Responses: China AD Supplement and India AD
Supplement, dated November 7, 2024; and Petitioners' Letter,
``Petitioners' Amendment to the Scope of the Petition for the
Imposition of Antidumping and Countervailing Duties on Imports from
China and India,'' dated November 15, 2024 (Scope Supplement).
---------------------------------------------------------------------------
[[Page 92896]]
In accordance with section 732(b) of the Tariff Act of 1930, as
amended (the Act), the petitioners allege that imports of overhead door
springs from China and India are being, or are likely to be, sold in
the United States at less than fair value (LTFV) within the meaning of
section 731 of the Act, and that imports of such products are
materially injuring, or threatening material injury to, the overhead
door springs industry in the United States. Consistent with section
732(b)(1) of the Act, the Petitions were accompanied by information
reasonably available to the petitioners supporting their allegations.
Commerce finds that the petitioners filed the Petitions on behalf
of the domestic industry, because the petitioners are interested
parties, as defined in section 771(9)(C) of the Act. Commerce also
finds that the petitioners demonstrated sufficient industry support for
the initiation of the requested LTFV investigations.\5\
---------------------------------------------------------------------------
\5\ See section on ``Determination of Industry Support for the
Petitions,'' infra.
---------------------------------------------------------------------------
Periods of Investigation
Because the Petitions were filed on October 29, 2024, pursuant to
19 CFR 351.204(b)(1), the period of investigation (POI) for the India
LTFV investigation is October 1, 2023, through September 30, 2024.
Because China is a non-market economy (NME) country, pursuant to 19 CFR
351.204(b)(1), the POI for the China LTFV investigation is April 1,
2024, through September 30, 2024.
Scope of the Investigations
The products covered by these investigations are overhead door
springs from China and India. For a full description of the scope of
these investigations, see the appendix to this notice.
Comments on the Scope of the Investigations
On November 1 and 15, 2024, Commerce requested information and
clarification from the petitioners regarding the proposed scope to
ensure that the scope language in the Petitions is an accurate
reflection of the products for which the domestic industry is seeking
relief.\6\ On November 7 and 15, 2024, the petitioners provided
clarifications and revised the scope.\7\ The description of merchandise
covered by these investigations, as described in the appendix to this
notice, reflects these clarifications.
---------------------------------------------------------------------------
\6\ See General Issues Questionnaire; see also November 15,
2024, Memorandum.
\7\ See General Issues Supplement at 3-18; see also Scope
Supplement at 2 and Attachment.
---------------------------------------------------------------------------
As discussed in the Preamble to Commerce's regulations, we are
setting aside a period for interested parties to raise issues regarding
product coverage (i.e., scope).\8\ Commerce will consider all scope
comments received from interested parties and, if necessary, will
consult with interested parties prior to the issuance of the
preliminary determinations. If scope comments include factual
information,\9\ all such factual information should be limited to
public information. To facilitate preparation of its questionnaires,
Commerce requests that scope comments be submitted by 5:00 p.m. Eastern
Time (ET) on December 9, 2024, which is the next business day after 20
calendar days from the signature date of this notice.\10\ Any rebuttal
comments, which may include factual information, and should also be
limited to public information, must be filed by 5:00 p.m. ET on
December 19, 2024, which is 10 calendar days from the initial comment
deadline.
---------------------------------------------------------------------------
\8\ See Antidumping Duties; Countervailing Duties, Final Rule,
62 FR 27296, 27323 (May 19, 1997) (Preamble); see also 19 CFR
351.312.
\9\ See 19 CFR 351.102(b)(21) (defining ``factual
information'').
\10\ See 19 CFR 351.303(b)(1). The deadline for scope comments
falls on December 8, 2024, which is a Sunday. In accordance with 19
CFR 351.303(b)(1), Commerce will accept comments filed by 5:00 p.m.
ET on December 9, 2024 (``For both electronically filed and manually
filed documents, if the applicable due date falls on a non-business
day, the Secretary will accept documents that are filed on the next
business day.'').
---------------------------------------------------------------------------
Commerce requests that any factual information that parties
consider relevant to the scope of these investigations be submitted
during that period. However, if a party subsequently finds that
additional factual information pertaining to the scope of the
investigations may be relevant, the party must contact Commerce and
request permission to submit the additional information. All scope
comments must be filed simultaneously on the records of the concurrent
LTFV and CVD investigations.
Filing Requirements
All submissions to Commerce must be filed electronically via
Enforcement and Compliance's Antidumping Duty and Countervailing Duty
Centralized Electronic Service System (ACCESS), unless an exception
applies.\11\ An electronically filed document must be received
successfully in its entirety by the time and date it is due.
---------------------------------------------------------------------------
\11\ See Antidumping and Countervailing Duty Proceedings:
Electronic Filing Procedures; Administrative Protective Order
Procedures, 76 FR 39263 (July 6, 2011); see also Enforcement and
Compliance: Change of Electronic Filing System Name, 79 FR 69046
(November 20, 2014) for details of Commerce's electronic filing
requirements, effective August 5, 2011. Information on using ACCESS
can be found at <a href="https://access.trade.gov/help.aspx">https://access.trade.gov/help.aspx</a> and a handbook
can be found at <a href="https://access.trade.gov/help/Handbook_on_Electronic_Filing_Procedures.pdf">https://access.trade.gov/help/Handbook_on_Electronic_Filing_Procedures.pdf</a>.
---------------------------------------------------------------------------
Comments on Product Characteristics
Commerce is providing interested parties an opportunity to comment
on the appropriate physical characteristics of overhead door springs to
be reported in response to Commerce's AD questionnaires. This
information will be used to identify the key physical characteristics
of the subject merchandise in order to report the relevant factors of
production (FOP) or cost of production (COP) accurately, as well as to
develop appropriate product comparison criteria.
Interested parties may provide any information or comments that
they feel are relevant to the development of an accurate list of
physical characteristics. Specifically, they may provide comments as to
which characteristics are appropriate to use as: (1) general product
characteristics; and (2) product comparison criteria. We note that it
is not always appropriate to use all product characteristics as product
comparison criteria. We base product comparison criteria on meaningful
commercial differences among products. In other words, although there
may be some physical product characteristics utilized by manufacturers
to describe overhead door springs, it may be that only a select few
product characteristics take into account commercially meaningful
physical characteristics. In addition, interested parties may comment
on the order in which the physical characteristics should be used in
matching products. Generally, Commerce attempts to list the most
important physical characteristics first and the least important
characteristics last.
In order to consider the suggestions of interested parties in
developing and issuing the AD questionnaires, all product
characteristics comments must be filed by 5:00 p.m. ET on December 9,
2024, which is the next business day after 20 calendar days from the
signature date of this notice.\12\ Any
[[Page 92897]]
rebuttal comments must be filed by 5:00 p.m. ET on December 19, 2024,
which is 10 calendar days from the initial comment deadline. All
comments and submissions to Commerce must be filed electronically using
ACCESS, as explained above, on the record of each of the LTFV
investigations.
---------------------------------------------------------------------------
\12\ See 19 CFR 351.303(b)(1). The deadline for comments on
product characteristics falls on December 8, 2024, which is a
Sunday. In accordance with 19 CFR 351.303(b)(1), Commerce will
accept comments filed by 5:00 p.m. ET on December 9, 2024 (``For
both electronically filed and manually filed documents, if the
applicable due date falls on a non-business day, the Secretary will
accept documents that are filed on the next business day.'').
---------------------------------------------------------------------------
Determination of Industry Support for the Petitions
Section 732(b)(1) of the Act requires that a petition be filed on
behalf of the domestic industry. Section 732(c)(4)(A) of the Act
provides that a petition meets this requirement if the domestic
producers or workers who support the petition account for: (i) at least
25 percent of the total production of the domestic like product; and
(ii) more than 50 percent of the production of the domestic like
product produced by that portion of the industry expressing support
for, or opposition to, the petition. Moreover, section 732(c)(4)(D) of
the Act provides that, if the petition does not establish support of
domestic producers or workers accounting for more than 50 percent of
the total production of the domestic like product, Commerce shall: (i)
poll the industry or rely on other information in order to determine if
there is support for the petition, as required by subparagraph (A); or
(ii) determine industry support using a statistically valid sampling
method to poll the ``industry.''
Section 771(4)(A) of the Act defines the ``industry'' as the
producers as a whole of a domestic like product. Thus, to determine
whether a petition has the requisite industry support, the statute
directs Commerce to look to producers and workers who produce the
domestic like product. The U.S. International Trade Commission (ITC),
which is responsible for determining whether ``the domestic industry''
has been injured, must also determine what constitutes a domestic like
product in order to define the industry. While both Commerce and the
ITC apply the same statutory definition regarding the domestic like
product,\13\ they do so for different purposes and pursuant to a
separate and distinct authority. In addition, Commerce's determination
is subject to limitations of time and information. Although this may
result in different definitions of the like product, such differences
do not render the decision of either agency contrary to law.\14\
---------------------------------------------------------------------------
\13\ See section 771(10) of the Act.
\14\ See USEC, Inc. v. United States, 132 F. Supp. 2d 1, 8 (CIT
2001) (citing Algoma Steel Corp., Ltd. v. United States, 688 F.
Supp. 639, 644 (CIT 1988), aff'd Algoma Steel Corp., Ltd. v. United
States, 865 F.2d 240 (Fed. Cir. 1989)).
---------------------------------------------------------------------------
Section 771(10) of the Act defines the domestic like product as ``a
product which is like, or in the absence of like, most similar in
characteristics and uses with, the article subject to an investigation
under this title.'' Thus, the reference point from which the domestic
like product analysis begins is ``the article subject to an
investigation'' (i.e., the class or kind of merchandise to be
investigated, which normally will be the scope as defined in the
petition).
With regard to the domestic like product, the petitioners do not
offer a definition of the domestic like product distinct from the scope
of the investigations.\15\ Based on our analysis of the information
submitted on the record, we have determined that overhead door springs,
as defined in the scope, constitute a single domestic like product, and
we have analyzed industry support in terms of that domestic like
product.\16\
---------------------------------------------------------------------------
\15\ For a discussion of the domestic like product analysis as
applied to these cases and information regarding industry support,
see Checklists, ``Antidumping Duty Investigation Initiation
Checklists: Overhead Door Counterbalance Torsion Springs from the
People's Republic of China and India,'' dated concurrently with, and
hereby adopted by, this notice (Country-Specific AD Initiation
Checklists), at Attachment II, Analysis of Industry Support for the
Antidumping and Countervailing Duty Petitions Covering Overhead Door
Counterbalance Torsion Springs from the People's Republic of China
and India (Attachment II). These checklists are on file
electronically via ACCESS.
\16\ See Attachment II of the Country-Specific AD Initiation
Checklists.
---------------------------------------------------------------------------
In determining whether the petitioners have standing under section
732(c)(4)(A) of the Act, we considered the industry support data
contained in the Petitions with reference to the domestic like product
as defined in the ``Scope of the Investigations,'' in the appendix to
this notice. To establish industry support, the petitioners provided
their own production of the domestic like product in 2023 and compared
this to the estimated total 2023 production of the domestic like
product for the entire industry.\17\ We relied on data provided by the
petitioners for purposes of measuring industry support.\18\
---------------------------------------------------------------------------
\17\ Id.
\18\ For further discussion, see Attachment II of the Country-
Specific AD Initiation Checklists.
---------------------------------------------------------------------------
Our review of the data provided in the Petitions, the General
Issues Supplement, and other information readily available to Commerce
indicates that the petitioners have established industry support for
the Petitions.\19\ First, the Petitions established support from
domestic producers (or workers) accounting for more than 50 percent of
the total production of the domestic like product and, as such,
Commerce is not required to take further action in order to evaluate
industry support (e.g., polling).\20\ Second, the domestic producers
(or workers) have met the statutory criteria for industry support under
section 732(c)(4)(A)(i) of the Act because the domestic producers (or
workers) who support the Petitions account for at least 25 percent of
the total production of the domestic like product.\21\ Finally, the
domestic producers (or workers) have met the statutory criteria for
industry support under section 732(c)(4)(A)(ii) of the Act because the
domestic producers (or workers) who support the Petitions account for
more than 50 percent of the production of the domestic like product
produced by that portion of the industry expressing support for, or
opposition to, the Petitions.\22\ Accordingly, Commerce determines that
the Petitions were filed on behalf of the domestic industry within the
meaning of section 732(b)(1) of the Act.\23\
---------------------------------------------------------------------------
\19\ Id.
\20\ Id.; see also section 732(c)(4)(D) of the Act.
\21\ See Attachment II of the Country-Specific AD Initiation
Checklists.
\22\ Id.
\23\ Id.
---------------------------------------------------------------------------
Allegations and Evidence of Material Injury and Causation
The petitioners allege that the U.S. industry producing the
domestic like product is being materially injured, or is threatened
with material injury, by reason of the imports of the subject
merchandise sold at LTFV. In addition, the petitioners allege that
subject imports from China and India exceed the negligibility threshold
provided for under section 771(24)(A) of the Act.\24\
---------------------------------------------------------------------------
\24\ For further information regarding negligibility and the
injury allegation, see Country-Specific AD Initiation Checklists at
Attachment III, Analysis of Allegations and Evidence of Material
Injury and Causation for the Antidumping and Countervailing Duty
Petitions Covering Overhead Door Counterbalance Torsion Springs from
the People's Republic of China and India (Attachment III).
---------------------------------------------------------------------------
The petitioners contend that the industry's injured condition is
illustrated by the significant and increasing volume of subject
imports; reduced market share; underselling and price depression and/or
suppression; lost sales and revenues; and decline in the domestic
industry's production, shipments, and financial performance.\25\ We
assessed the allegations and supporting evidence regarding material
injury, threat of material injury, causation, cumulation, as well as
negligibility, and we have determined
[[Page 92898]]
that these allegations are properly supported by adequate evidence and
meet the statutory requirements for initiation.\26\
---------------------------------------------------------------------------
\25\ Id.
\26\ Id.
---------------------------------------------------------------------------
Allegations of Sales at LTFV
The following is a description of the allegations of sales at LTFV
upon which Commerce based its decision to initiate LTFV investigations
of imports of overhead door springs from China and India. The sources
of data for the deductions and adjustments relating to U.S. price and
normal value (NV) are discussed in greater detail in the Country-
Specific AD Initiation Checklists.
U.S. Price
For China and India, the petitioners based export price (EP) on
pricing information for overhead door springs sold or offered for sale
in the United States and exported from each country during the POI.\27\
For each country, the petitioners made certain adjustments to U.S.
price to calculate a net ex-factory U.S. price, where applicable.\28\
---------------------------------------------------------------------------
\27\ See Country-Specific AD Initiation Checklists.
\28\ See Country-Specific AD Initiation Checklists.
---------------------------------------------------------------------------
Normal Value <SUP>29</SUP>
---------------------------------------------------------------------------
\29\ In accordance with section 773(b)(2) of the Act, for the
India investigation, Commerce will request information necessary to
calculate the constructed value (CV) and COP to determine whether
there are reasonable grounds to believe or suspect that sales of the
foreign like product have been made at prices that represent less
than the COP of the product.
---------------------------------------------------------------------------
For India, the petitioners based NV on home market pricing
information they obtained for overhead door springs produced in and
sold, or offered for sale, in India during the applicable time
period.\30\ The petitioners provided information indicating that the
prices for overhead door springs sold or offered for sale in the Indian
market were below the COP.\31\ Therefore, for India, the petitioners
also based NV on constructed value.\32\ For further discussion of CV
for India, see the section ``Normal Value Based on Constructed Value,''
below.
---------------------------------------------------------------------------
\30\ See India AD Initiation Checklist.
\31\ Id.
\32\ Id.
---------------------------------------------------------------------------
Commerce considers China to be an NME country.\33\ In accordance
with section 771(18)(C)(i) of the Act, any determination that a foreign
country is an NME country shall remain in effect until revoked by
Commerce. Therefore, we continue to treat China as an NME country for
purposes of the initiation of the China LTFV investigation.
Accordingly, we base NV on FOPs valued in a surrogate market economy
country in accordance with section 773(c) of the Act.
---------------------------------------------------------------------------
\33\ See, e.g., Certain Freight Rail Couplers and Parts Thereof
from the People's Republic of China: Preliminary Affirmative
Determination of Sales at Less Than Fair Value and Preliminary
Affirmative Determination of Critical Circumstances, 88 FR 15372
(March 13, 2023), and accompanying Preliminary Decision Memorandum
at 5, unchanged in Certain Freight Rail Couplers and Parts Thereof
from the People's Republic of China: Final Affirmative Determination
of Sales at Less-Than-Fair Value and Final Affirmative Determination
of Critical Circumstances, 88 FR 34485 (May 30, 2023).
---------------------------------------------------------------------------
The petitioners claim that Malaysia is an appropriate surrogate
country for China because it is a market economy that is at a level of
economic development comparable to that of China and is a significant
producer of comparable merchandise.\34\ The petitioners provided
publicly available information from Malaysia to value all FOPs except
labor.\35\ Consistent with Commerce's recent practice in cases
involving Malaysia as a surrogate country,\36\ to value labor, the
petitioners provided data from another surrogate country, the Republic
of T[uuml]rkiye (T[uuml]rkiye). Based on the information provided by
the petitioners, we believe it is appropriate to use Malaysia as a
surrogate country for China to value all FOPs except labor and
T[uuml]rkiye to value labor for initiation purposes.
---------------------------------------------------------------------------
\34\ See China AD Initiation Checklist.
\35\ Id.
\36\ See, e.g., Certain Collated Steel Staples from the People's
Republic of China: Final Results of Antidumping Duty Administrative
Review; and Final Determination of No Shipments; 2021-2022, 88 FR
85242 (December 7, 2023), and accompanying Issues and Decision
Memorandum (IDM) at Comment 2; and Light-Walled Rectangular Pipe and
Tube from the People's Republic of China: Final Results of
Antidumping Duty Administrative Review, 88 FR 15671 (March 14,
2023), and accompanying IDM at Comment 2.
---------------------------------------------------------------------------
Interested parties will have the opportunity to submit comments
regarding surrogate country selection and, pursuant to 19 CFR
351.301(c)(3)(i), will be provided an opportunity to submit publicly
available information to value FOPs within 30 days before the scheduled
date of the preliminary determinations.
Factors of Production
Because information regarding the volume of inputs consumed by
Chinese producers/exporters was not reasonably available, the
petitioners used the production experience and product-specific
consumption rates of a U.S. producer of overhead door springs as a
surrogate to value Chinese manufacturers' FOPs.\37\ Additionally, the
petitioners calculated factory overhead, selling, general, and
administrative (SG&A) expenses, and profit based on the experience of a
Malaysian producer of comparable merchandise.\38\
---------------------------------------------------------------------------
\37\ See China AD Initiation Checklist.
\38\ Id.
---------------------------------------------------------------------------
Normal Value Based on Constructed Value
As noted above for India, the petitioners provided information
indicating that the prices for overhead door springs sold or offered
for sale in India were below the COP.\39\ Therefore, for India, the
petitioners also calculated NV based on CV.\40\
---------------------------------------------------------------------------
\39\ See India AD Initiation Checklist.
\40\ Id.
---------------------------------------------------------------------------
Pursuant to section 773(e) of the Act, the petitioners calculated
CV as the sum of the cost of manufacturing, SG&A expenses, financial
expenses, and profit.\41\ For India, in calculating the cost of
manufacturing, the petitioners relied on the production experience and
product-specific consumption rates of a U.S. producer of overhead door
springs, valued using publicly available information applicable India,
where applicable.\42\ For India, in calculating SG&A expenses,
financial expenses, and profit ratios, the petitioners relied on the
fiscal year 2023 financial statements of an Indian producer of
comparable merchandise.\43\
---------------------------------------------------------------------------
\41\ Id.
\42\ Id.
\43\ Id.
---------------------------------------------------------------------------
Fair Value Comparisons
Based on the data provided by the petitioners, there is reason to
believe that imports of overhead door springs from China and India are
being, or are likely to be, sold in the United States at LTFV. Based on
comparisons of EP to NV in accordance with sections 772 and 773 of the
Act, the estimated dumping margins for overhead door springs for each
of the countries covered by this initiation are as follows: (1) China--
669.36 to 778.31 percent; and (2) India--46.75 to 126.14 percent.\44\
---------------------------------------------------------------------------
\44\ See Country-Specific AD Initiation Checklists.
---------------------------------------------------------------------------
Initiation of LTFV Investigations
Based upon the examination of the Petitions and supplemental
responses, we find that they meet the requirements of section 732 of
the Act. Therefore, we are initiating LTFV investigations to determine
whether imports of overhead door springs from China and India are
being, or are likely to be, sold in the United States at LTFV. In
accordance with section 733(b)(1)(A) of the Act and 19 CFR
351.205(b)(1), unless postponed, we will make our preliminary
determinations no later than 140 days after the date of these
initiations.
[[Page 92899]]
Respondent Selection
India
In the Petitions, the petitioners identified eight companies in
India as producers/exporters of overhead door springs.\45\ In the event
that Commerce determines that the number of companies is large, and it
cannot individually examine each company based upon Commerce's
resources, where appropriate, Commerce intends to select mandatory
respondents based on quantity and value (Q&V) questionnaires issued to
potential respondents. Following standard practice in LTFV
investigations involving market economy countries, Commerce would
normally select respondents based on U.S. Customs and Border Protection
(CBP) entry data for imports under the appropriate Harmonized Tariff
Schedule of the United States (HTSUS) subheading(s) listed in the
``Scope of the Investigations'' in the Appendix. However, for these
investigations, the main HTSUS subheadings under which the subject
merchandise would enter (7320.20.5020, 7320.20.5045, and 7320.20.5060)
are not limited to subject merchandise and therefore may also cover
non-subject merchandise. Therefore, we cannot rely on CBP entry data in
selecting respondents. Accordingly, for India, Commerce will send Q&V
questionnaires to each producer and/or exporter for which there is
complete address information on the record.
---------------------------------------------------------------------------
\45\ See Petitions at Volume I (page 15 and Exhibit GEN-4); see
General Issues Supplement at 2-3 and Exhibit SUPP-GEN-1.
---------------------------------------------------------------------------
Commerce will post the Q&V questionnaire along with filing
instructions on Commerce's website at <a href="https://www.trade.gov/ec-adcvd-case-announcements">https://www.trade.gov/ec-adcvd-case-announcements</a>. Producers/exporters of overhead door springs from
India that do not receive Q&V questionnaires may still submit a
response to the Q&V questionnaire and can obtain a copy of the Q&V
questionnaire from Commerce's website. Responses to the Q&V
questionnaire must be submitted by the relevant Indian producers/
exporters no later than 5:00 p.m. ET on December 2, 2024, which is two
weeks from the signature date of this notice. All Q&V questionnaire
responses must be filed electronically via ACCESS. An electronically
filed document must be received successfully, in its entirety, by
ACCESS no later than 5:00 p.m. ET on the deadline noted above.
Interested parties must submit applications for disclosure under
administrative protective order (APO) in accordance with 19 CFR
351.305(b). Instructions for filing such applications may be found on
Commerce's website at <a href="https://www.trade.gov/administrative-protective-orders">https://www.trade.gov/administrative-protective-orders</a>.
China
In the Petitions, the petitioners identified 80 companies in China
as producers and/or exporters of overhead door springs.\46\ Our
standard practice for respondent selection in AD investigations
involving NME countries is to select respondents based on Q&V
questionnaires in cases where Commerce has determined that the number
of companies is large, and it cannot individually examine each company
based upon its resources. Therefore, considering the number of
producers and/or exporters identified in the Petitions, Commerce will
solicit Q&V information that can serve as a basis for selecting
exporters for individual examination in the event that Commerce
determines that the number is large and decides to limit the number of
respondents individually examined pursuant to section 777A(c)(2) of the
Act. Because there are 80 Chinese producers and/or exporters identified
in the Petitions, Commerce has determined that it will issue Q&V
questionnaires to the largest producers and/or exporters in China that
are identified in the U.S. Customs and Border Protection POI entry data
for which there is complete address information on the record.\47\
---------------------------------------------------------------------------
\46\ Petitions at Volume I (page 15 and Exhibit GEN-4); see
General Issues Supplement at 2-3 and Exhibit SUPP-GEN-1.
\47\ See Memorandum, ``Release of U.S. Customs and Border
Protection Entry Data,'' dated November 15, 2024.
---------------------------------------------------------------------------
Commerce will post the Q&V questionnaires along with filing
instructions on Commerce's website at <a href="https://www.trade.gov/ec-adcvd-case-announcements">https://www.trade.gov/ec-adcvd-case-announcements</a>. Producers/exporters of overhead door springs from
China that do not receive Q&V questionnaires may still submit a
response to the Q&V questionnaire and can obtain a copy of the Q&V
questionnaire from Commerce's website. Responses to the Q&V
questionnaire must be submitted by the relevant Chinese producers/
exporters no later than 5:00 p.m. ET on December 2, 2024, which is two
weeks from the signature date of this notice. All Q&V questionnaire
responses must be filed electronically via ACCESS. An electronically
filed document must be received successfully, in its entirety, by
ACCESS no later than 5:00 p.m. ET on the deadline noted above.
Interested parties must submit applications for disclosure under
APO in accordance with 19 CFR 351.305(b). As stated above, instructions
for filing such applications may be found on Commerce's website at
<a href="https://www.trade.gov/administrative-protective-orders">https://www.trade.gov/administrative-protective-orders</a>.
Separate Rates
In order to obtain separate rate status in an NME investigation,
exporters and producers must submit a separate rate application. The
specific requirements for submitting a separate rate application in an
NME investigation are outlined in detail in the application itself,
which is available on Commerce's website at <a href="https://access.trade.gov/Resources/nme/nme-sep-rate.html">https://access.trade.gov/Resources/nme/nme-sep-rate.html</a>. The separate rate application will be
due 30 days after publication of this initiation notice. Exporters and
producers must file a timely separate rate application if they want to
be considered for individual examination. Exporters and producers who
submit a separate rate application and have been selected as mandatory
respondents will be eligible for consideration for separate rate status
only if they respond to all parts of Commerce's AD questionnaire as
mandatory respondents. Commerce requires that companies from China
submit a response both to the Q&V questionnaire and to the separate
rate application by the respective deadlines to receive consideration
for separate rate status. Companies not filing a timely Q&V
questionnaire response will not receive separate rate consideration.
Use of Combination Rates
Commerce will calculate combination rates for certain respondents
that are eligible for a separate rate in an NME investigation. The
Separate Rates and Combination Rates Bulletin states:
{w{time} hile continuing the practice of assigning separate rates
only to exporters, all separate rates that {Commerce{time} will now
assign in its NME investigation will be specific to those producers
that supplied the exporter during the period of investigation. Note,
however, that one rate is calculated for the exporter and all of the
producers which supplied subject merchandise to it during the period
of investigation. This practice applies both to mandatory
respondents receiving an individually calculated separate rate as
well as the pool of non-investigated firms receiving the {weighted
average{time} of the individually calculated rates. This practice
is referred to as the application of ``combination rates'' because
such rates apply to specific combinations of exporters and one or
more producers. The cash-deposit rate assigned to an exporter will
apply only to merchandise both exported by the firm in question and
[[Page 92900]]
produced by a firm that supplied the exporter during the period of
investigation.\48\
---------------------------------------------------------------------------
\48\ See Enforcement and Compliance's Policy Bulletin No. 05.1,
regarding, ``Separate-Rates Practice and Application of Combination
Rates in Antidumping Investigation involving NME Countries,'' (April
5, 2005) at 6 (emphasis added), available on Commerce's website at
<a href="https://access.trade.gov/Resources/policy/bull05-1.pdf">https://access.trade.gov/Resources/policy/bull05-1.pdf</a>.
---------------------------------------------------------------------------
Distribution of Copies of the Petitions
In accordance with section 732(b)(3)(A) of the Act and 19 CFR
351.202(f), copies of the public version of the Petitions have been
provided to the governments of China and India via ACCESS. To the
extent practicable, we will attempt to provide a copy of the public
version of the Petitions to each exporter named in the Petitions, as
provided under 19 CFR 351.203(c)(2).
ITC Notification
Commerce will notify the ITC of our initiation, as required by
section 732(d) of the Act.
Preliminary Determinations by the ITC
The ITC will preliminarily determine, within 45 days after the date
on which the Petitions were filed, whether there is a reasonable
indication that imports of overhead door springs from China and/or
India are materially injuring, or threatening material injury to, a
U.S. industry.\49\ A negative ITC determination for any country will
result in the investigation being terminated with respect to that
country.\50\ Otherwise, these LTFV investigations will proceed
according to statutory and regulatory time limits.
---------------------------------------------------------------------------
\49\ See section 733(a) of the Act.
\50\ Id.
---------------------------------------------------------------------------
Submission of Factual Information
Factual information is defined in 19 CFR 351.102(b)(21) as: (i)
evidence submitted in response to questionnaires; (ii) evidence
submitted in support of allegations; (iii) publicly available
information to value factors under 19 CFR 351.408(c) or to measure the
adequacy of remuneration under 19 CFR 351.511(a)(2); (iv) evidence
placed on the record by Commerce; and (v) evidence other than factual
information described in (i)-(iv). Section 351.301(b) of Commerce's
regulations requires any party, when submitting factual information, to
specify under which subsection of 19 CFR 351.102(b)(21) the information
is being submitted \51\ and, if the information is submitted to rebut,
clarify, or correct factual information already on the record, to
provide an explanation identifying the information already on the
record that the factual information seeks to rebut, clarify, or
correct.\52\ Time limits for the submission of factual information are
addressed in 19 CFR 351.301, which provides specific time limits based
on the type of factual information being submitted. Interested parties
should review the regulations prior to submitting factual information
in these investigations.
---------------------------------------------------------------------------
\51\ See 19 CFR 351.301(b).
\52\ See 19 CFR 351.301(b)(2).
---------------------------------------------------------------------------
Particular Market Situation Allegation
Section 773(e) of the Act addresses the concept of particular
market situation (PMS) for purposes of CV, stating that ``if a
particular market situation exists such that the cost of materials and
fabrication or other processing of any kind does not accurately reflect
the cost of production in the ordinary course of trade, the
administering authority may use another calculation methodology under
this subtitle or any other calculation methodology.'' When an
interested party submits a PMS allegation pursuant to section 773(e) of
the Act (i.e., a cost-based PMS allegation), the submission must be
filed in accordance with the requirements of 19 CFR 351.416(b), and
Commerce will respond to such a submission consistent with 19 CFR
351.301(c)(2)(v). If Commerce finds that a cost-based PMS exists under
section 773(e) of the Act, then it will modify its dumping calculations
appropriately.
Neither section 773(e) of the Act, nor 19 CFR 351.301(c)(2)(v),
sets a deadline for the submission of cost-based PMS allegations and
supporting factual information. However, in order to administer section
773(e) of the Act, Commerce must receive PMS allegations and supporting
factual information with enough time to consider the submission. Thus,
should an interested party wish to submit a cost-based PMS allegation
and supporting new factual information pursuant to section 773(e) of
the Act, it must do so no later than 20 days after submission of a
respondent's initial section D questionnaire response.
We note that a PMS allegation filed pursuant to sections
773(a)(1)(B)(ii)(III) or 773(a)(1)(C)(iii) of the Act (i.e., a sales-
based PMS allegation) must be filed within 10 days of submission of a
respondent's initial section B questionnaire response, in accordance
with 19 CFR 351.301(c)(2)(i) and 19 CFR 351.404(c)(2).
Extensions of Time Limits
Parties may request an extension of time limits before the
expiration of a time limit established under 19 CFR 351.301, or as
otherwise specified by Commerce. In general, an extension request will
be considered untimely if it is filed after the expiration of the time
limit established under 19 CFR 351.301, or as otherwise specified by
Commerce.\53\ For submissions that are due from multiple parties
simultaneously, an extension request will be considered untimely if it
is filed after 10:00 a.m. ET on the due date. Under certain
circumstances, Commerce may elect to specify a different time limit by
which extension requests will be considered untimely for submissions
which are due from multiple parties simultaneously. In such a case, we
will inform parties in a letter or memorandum of the deadline
(including a specified time) by which extension requests must be filed
to be considered timely. An extension request must be made in a
separate, standalone submission; under limited circumstances we will
grant untimely filed requests for the extension of time limits, where
we determine, based on 19 CFR 351.302, that extraordinary circumstances
exist. Parties should review Commerce's regulations concerning the
extension of time limits and the Time Limits Final Rule prior to
submitting factual information in these investigations.\54\
---------------------------------------------------------------------------
\53\ See 19 CFR 351.301; see also Extension of Time Limits;
Final Rule, 78 FR 57790 (September 20, 2013) (Time Limits Final
Rule), available at <a href="https://www.gpo.gov/fdsys/pkg/FR-2013-09-20/html/2013-22853.htm">https://www.gpo.gov/fdsys/pkg/FR-2013-09-20/html/2013-22853.htm</a>.
\54\ See 19 CFR 351.302; see also, e.g., Time Limits Final Rule.
---------------------------------------------------------------------------
Certification Requirements
Any party submitting factual information in an AD or CVD proceeding
must certify to the accuracy and completeness of that information.\55\
Parties must use the certification formats provided in 19 CFR
351.303(g).\56\ Commerce intends to reject factual submissions if the
submitting party does not comply with the applicable certification
requirements.
---------------------------------------------------------------------------
\55\ See section 782(b) of the Act.
\56\ See Certification of Factual Information to Import
Administration During Antidumping and Countervailing Duty
Proceedings, 78 FR 42678 (July 17, 2013) (Final Rule). Additional
information regarding the Final Rule is available at <a href="https://access.trade.gov/Resources/filing/index.html">https://access.trade.gov/Resources/filing/index.html</a>.
---------------------------------------------------------------------------
Notification to Interested Parties
Interested parties must submit applications for disclosure under
APO in accordance with 19 CFR 351.305. Parties wishing to participate
in these investigations should ensure that they meet the requirements
of 19 CFR 351.103(d) (e.g., by filing the required letter of
appearance). Note that Commerce has amended certain of its
[[Page 92901]]
requirements pertaining to the service of documents in 19 CFR
351.303(f).\57\
---------------------------------------------------------------------------
\57\ See Administrative Protective Order, Service, and Other
Procedures in Antidumping and Countervailing Duty Proceedings, 88 FR
67069 (September 29, 2023).
---------------------------------------------------------------------------
This notice is issued and published pursuant to sections 732(c)(2)
and 777(i) of the Act, and 19 CFR 351.203(c).
Dated: November 18, 2024.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.
Appendix
Scope of the Investigations
The merchandise covered by these investigations is helically-
wound, overhead door counterbalance torsion steel springs (overhead
door counterbalance torsion springs) and any cones, plugs or other
similar fittings for mounting and creating torque in the spring
(herein collectively referred to as cones) attached to or entered
with and invoiced with the subject overhead door counterbalance
torsion springs. Overhead door counterbalance torsion springs are
helical steel springs with tightly wound coils that store and
release mechanical energy by winding and unwinding along the
spring's axis by an angle, using torque to create a lifting force in
the counterbalance assembly typically used to raise and lower
overhead doors, including garage doors, industrial rolling doors,
warehouse doors, trailer doors, and other overhead doors, gates,
grates, or similar devices. The merchandise covered by these
investigations covers all overhead door counterbalance torsion
springs with a coil inside diameter of 15.8 millimeters (mm) or more
but not exceeding 304.8 mm (measured across the diameter from inner
edge to inner edge); a wire diameter of 2.5 mm to 20.4 mm; a length
of 127 mm or more; and regardless of the following characteristics:
<bullet> wire type (including, but not limited to, oil-tempered
wire, hard-drawn wire, music wire, galvanized or other coated wire);
<bullet> wire cross-sectional shape (e.g., round, square, or
other shapes);
<bullet> coating (e.g., uncoated, oil- or water-based coatings,
lubricant coatings, zinc, aluminum, zinc-aluminum, paint or plastic
coating, etc.);
<bullet> winding orientation (left-hand or right-hand wind
direction);
<bullet> end type (including, but not limited to, looped, double
looped, clipped, long length, mini warehouse, Barcol, Crawford,
Kinnear, Wagner, rolling steel or barrel ends); and
<bullet> whether the overhead door counterbalance torsion
springs are fitted with hardware, including but not limited to
fasteners, clips, and cones (winding or stationary cones).
For purposes of the diameters referenced above, where the
nominal and actual measurements vary, a product is within the scope
if application of either the nominal or actual measurement would
place it within the scope based on the definitions set forth above.
The steel torsion springs included in the scope of these
investigations are produced from steel in which: (1) iron
predominates, by weight, over each of the other contained elements;
and (2) the carbon content is 2 percent or less, by weight.
Subject merchandise includes cones attached to or entered with
and invoiced with the subject overhead door counterbalance torsion
springs. Such cones, which are typically cast aluminum, aluminum
alloy or steel (but may be made from other materials) are made to
mount the subject springs to the overhead door counterbalance system
and create and maintain torque in the spring. Cones or other similar
fittings that are not attached to the subject springs or are not
entered with and invoiced with the subject springs are not included
within the scope unless entered as parts of kits as described below.
Subject merchandise also includes all subject overhead door
counterbalance torsion springs and cones or other similar fittings
for mounting and tensioning the spring entered as a part of overhead
door kits, overhead door mounting or assembly kits, or as a part of
a spring-operated motor assembly or as a part of a spring winder
assembly kit for torsion springs. When counterbalance torsion
springs and cones or other similar fittings for attaching and
tensioning the torsion spring are entered as a part of such kits,
only the counterbalance spring and cones or other similar fittings
in the kit are within scope.
Subject merchandise also includes overhead door counterbalance
torsion springs that have been further processed in a third country,
including but not limited to cutting to length, attachment of
hardware, cones or end-fittings, inclusion in garage door kits or
garage door mounting or assembly kits, or any other processing that
would not remove the merchandise from the scope of these
investigations if performed in the country of manufacture of the in-
scope overhead door counterbalance torsion springs.
All products that meet the written physical description are
within the scope of these investigations unless specifically
excluded. The following products are specifically excluded from the
scope of these investigations:
<bullet> leaf springs (slender arc-shaped length of spring steel
of a rectangular cross-section);
<bullet> disc springs (conical springs consisting of a convex
disc with the outer edge working against the center of the disc);
<bullet> extension springs (close-wound round helical wire
springs that store and release energy by resisting the external
pulling forces applied to the spring's ends in the direction of its
length);
<bullet> compression springs (helical coiled springs with open
wound active coils (such open winding is also known as pitch) that
are designed to compress under load or force); and
<bullet> spiral springs (torsion springs wound as concentric
spirals such as a clock spring or mainspring).
The products subject to these investigations are currently
classified under Harmonized Tariff Schedule of the United States
(HTSUS) subheadings 7320.20.5020, 7320.20.5045, and 7320.20.5060.
They may also be classified under HTSUS subheading 8412.90.9085 if
entered as parts of spring-operated motors. They may also be
classified in HTSUS subheading 8412.80.1000 (spring-operated motors)
if entered as part of a spring counterweight assembly for an
overhead door. They may also be classified in HTSUS subheading
7308.90.9590, a basket category that includes metal garage doors
entered with mounting accessories or assemblies. Although the HTSUS
subheadings are provided for convenience and customs purposes, the
written description of the scope of these investigations is
dispositive.
[FR Doc. 2024-27495 Filed 11-22-24; 8:45 am]
BILLING CODE 3510-DS-P
</pre></body>
</html>Indexed from Federal Register on November 25, 2024.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.