Notice2025-05759
Overhead Door Counterbalance Torsion Springs From India: Preliminary Affirmative Countervailing Duty Determination and Alignment of Final Determination With Final Antidumping Duty Determination
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
April 3, 2025
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) preliminarily determines that countervailable subsidies are being provided to producers and exporters of overhead door counterbalance torsion springs (overhead door springs) from India. The period of investigation is January 1, 2023, through December 31, 2023. Interested parties are invited to comment on this preliminary determination.
Full Text
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<title>Federal Register, Volume 90 Issue 63 (Thursday, April 3, 2025)</title>
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[Federal Register Volume 90, Number 63 (Thursday, April 3, 2025)]
[Notices]
[Pages 14602-14605]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-05759]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-533-937]
Overhead Door Counterbalance Torsion Springs From India:
Preliminary Affirmative Countervailing Duty Determination and Alignment
of Final Determination With Final Antidumping Duty Determination
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily
determines that countervailable subsidies are being provided to
producers and exporters of overhead door counterbalance torsion springs
(overhead door springs) from India. The period of investigation is
January 1, 2023, through December 31, 2023. Interested parties are
invited to comment on this preliminary determination.
DATES: Applicable April 3, 2025.
FOR FURTHER INFORMATION CONTACT: Zachary Shaykin, AD/CVD Operations,
Office IV, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-2638.
SUPPLEMENTARY INFORMATION:
Background
This preliminary determination is made in accordance with section
703(b) of the Tariff Act of 1930, as amended (the Act). Commerce
published the notice of initiation of this countervailing duty (CVD)
investigation on November 25, 2024.\1\ On January 2, 2025, Commerce
postponed the preliminary determination of this investigation and the
revised deadline is now March 28, 2025.\2\ For a complete description
of the events that followed the initiation of
[[Page 14603]]
this investigation, see the Preliminary Decision Memorandum.\3\ A list
of topics discussed in the Preliminary Decision Memorandum is included
as Appendix II to this notice. The Preliminary Decision Memorandum is a
public document and is on file electronically via Enforcement and
Compliance's Antidumping and Countervailing Duty Centralized Electronic
Service System (ACCESS). ACCESS is available to registered users at
<a href="https://access.trade.gov">https://access.trade.gov</a>. In addition, a complete version of the
Preliminary Decision Memorandum can be accessed directly at <a href="https://access.trade.gov/public/FRNoticesListLayout.aspx">https://access.trade.gov/public/FRNoticesListLayout.aspx</a>.
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\1\ See Overhead Door Counterbalance Torsion Springs from the
People's Republic of China and India: Initiation of Countervailing
Duty Investigations, 89 FR 92901 (November 25, 2024) (Initiation
Notice).
\2\ See Overhead Door Counterbalance Torsion Springs from India
and the People's Republic of China: Postponement of Preliminary
Determinations in the Countervailing Duty Investigations, 90 FR 84
(January 2, 2025).
\3\ See Memorandum, ``Decision Memorandum for the Preliminary
Affirmative Determination of the Countervailing Duty Investigation
of Overhead Door Counterbalance Torsion Springs from India,'' dated
concurrently with, and hereby adopted by, this notice (Preliminary
Decision Memorandum).
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Scope of the Investigation
The products covered by this investigation are overhead door
springs from India. For a complete description of the scope of this
investigation, see Appendix I.
Scope Comments
In accordance with the Preamble to Commerce's regulations,\4\ the
Initiation Notice set aside a period of time for parties to raise
issues regarding product coverage, (i.e., scope).\5\ Certain interested
parties commented on the scope of the investigation as it appeared in
the Initiation Notice.
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\4\ See Antidumping Duties; Countervailing Duties, Final Rule,
62 FR 27296, 27323 (May 19, 1997).
\5\ See Initiation Notice.
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For a summary of the product coverage comments and rebuttal
responses submitted to the record for this preliminary determination,
and accompanying discussion and analysis of all comments timely
received, see the Preliminary Scope Decision Memorandum.\6\ Commerce is
not preliminarily modifying the scope language as it appeared in the
Initiation Notice.
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\6\ See Memorandum, ``Antidumping and Countervailing Duty
Investigations of Overhead Door Counterbalance Torsion Springs from
the People's Republic of China and India: Preliminary Scope Decision
Memorandum,'' dated concurrently with this notice (Preliminary Scope
Decision Memorandum).
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Methodology
Commerce is conducting this investigation in accordance with
section 701 of the Act. For each of the subsidy programs found
countervailable, Commerce preliminarily determines that there is a
subsidy, i.e., a financial contribution by an ``authority'' that gives
rise to a benefit to the recipient, and that the subsidy is
specific.\7\
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\7\ See sections 771(5)(B) and (D) of the Act regarding
financial contribution; section 771(5)(E) of the Act regarding
benefit; and section 771(5A) of the Act regarding specificity.
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Commerce notes that, in making these findings, it relied, in part,
on facts available and finds that one or more respondents and also (in
certain instances) the Government of India did not act to the best of
their ability to respond to Commerce's requests for information.
Consequently, Commerce has drawn an adverse inference where appropriate
in selecting from among the facts otherwise available.\8\ For further
information, see the ``Use of Facts Otherwise Available and Adverse
Inferences'' section in the Preliminary Decision Memorandum.
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\8\ See sections 776(a) and (b) of the Act.
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Alignment
As noted in the Preliminary Decision Memorandum, in accordance with
section 705(a)(1) of the Act and 19 CFR 351.210(b)(4), Commerce is
aligning the final CVD determination in this investigation with the
final determination in the companion less-than-fair-value (LTFV)
investigation of overhead door springs from India based on a request
made by the petitioners.\9\ Consequently, the final CVD determination
will be issued on the same date as the final LTFV determination, which
is currently scheduled to be issued no later than August 11, 2025,
unless postponed.
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\9\ See Petitioners' Letter, ``Countervailing Duty
Investigations of Overhead Door Counterbalance Torsion Springs from
the People's Republic of China and India--Petitioners' Request to
Align Final Countervailing Duty Determinations with the Companion
Antidumping Duty Final Determinations,'' dated March 4, 2025.
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All-Others Rate
Sections 703(d) and 705(c)(5)(A) of the Act provide that in the
preliminary determination, Commerce shall determine an estimated all-
others rate for companies not individually examined. This rate shall be
an amount equal to the weighted average of the estimated subsidy rates
established for those companies individually examined, excluding any
zero and de minimis rates and any rates based entirely under section
776 of the Act.
Commerce preliminarily calculated an individual estimated
countervailable subsidy rate for Alcomex Springs Pvt Ltd. (Alcomex),
the only individually examined exporter/producer in this investigation.
Because the only individually calculated rate is not zero, de minimis,
or based entirely on facts otherwise available, the estimated weighted-
average rate calculated for Alcomex is the rate assigned to all other
producers and exporters, pursuant to section 705(c)(5)(A)(i) of the
Act.
Preliminary Determination
Commerce preliminarily determines that the following estimated
countervailable subsidy rates exist:
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Subsidy rate
Company (percent ad
valorem)
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Alcomex Springs Pvt Ltd................................. 2.66
Asha Spring and Engineering & Spring Company............ * 164.60
Balaji Springs Pvt. Ltd................................. * 164.60
Modern Engineering & Spring Company..................... * 164.60
Reliable Springs Ltd.................................... * 164.60
All Others.............................................. 2.66
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* Rate based on facts available with adverse inferences.
Suspension of Liquidation
In accordance with section 703(d)(1)(B) and (d)(2) of the Act,
Commerce will direct U.S. Customs and Border Protection (CBP) to
suspend liquidation of entries of subject merchandise as described in
the scope of the investigation section entered, or withdrawn from
warehouse, for consumption on or after the date of publication of this
notice in the Federal Register. Further, pursuant to 19 CFR 351.205(d),
Commerce will instruct CBP to require a cash deposit equal to the rates
indicated above.
Disclosure
Commerce intends to disclose its calculations and analysis
performed to interested parties in this preliminary determination
within five days of its public announcement, or if there is no public
announcement, within five days of the date of this notice in accordance
with 19 CFR 351.224(b).
Consistent with 19 CFR 351.224(e), Commerce will analyze and, if
appropriate, correct any timely allegations of significant ministerial
errors by amending the preliminary determination. However, consistent
with 19 CFR 351.224(d), Commerce will not consider incomplete
allegations that do not address the significance standard under 19 CFR
351.224(g) following the preliminary determination. Instead, Commerce
will address such allegations in the final determination together with
issues raised in the case briefs or other written comments.
Verification
As provided in section 782(i)(1) of the Act, Commerce intends to
verify the
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information relied upon in making its final determination.
Public Comment
All interested parties are invited to comment on Commerce's
Preliminary Scope Decision Memorandum in scope case and scope rebuttal
briefs. The deadline for interested parties to submit scope case briefs
is 5 p.m. Eastern Time (ET) on April 30, 2025. Scope rebuttal briefs,
limited to issues raised in the scope case briefs, may be submitted no
later than five days after the deadline for the scope case briefs,
i.e., 5 p.m. ET on May 5, 2025. Such comments must be filed via ACCESS
on the records of the China and India CVD investigations and the
concurrent LTFV investigations of overhead door springs from China and
India.
Case briefs or other written comments, excluding scope comments,
may be submitted to the Assistant Secretary for Enforcement and
Compliance no later than seven days after the date on which the last
verification report is issued in this investigation. Rebuttal briefs,
limited to issues raised in the case briefs, may be filed not later
than five days after the date for filing case briefs.\10\ Interested
parties who submit case briefs or rebuttal briefs in this proceeding
must submit: (1) a table of contents listing each issue; and (2) a
table of authorities.\11\
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\10\ See 19 CFR 351.309(d); see also Administrative Protective
Order, Service, and Other Procedures in Antidumping and
Countervailing Duty Proceedings, 88 FR 67069, 67077 (September 29,
2023) (APO and Service Final Rule).
\11\ See 19 351.309(c)(2) and (d)(2).
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As provided under 19 CFR 351.309(c)(2) and (d)(2), in prior
proceedings we have encouraged interested parties to provide an
executive summary of their brief that should be limited to five pages
total, including footnotes. In this investigation, we instead request
that interested parties provide at the beginning of their briefs a
public, executive summary for each issue raised in their briefs.\12\
Further, we request that interested parties limit their executive
summary of each issue to no more than 450 words, not including
citations. We intend to use the executive summaries as the basis of the
comment summaries included in the issues and decision memorandum that
will accompany the final determination in this investigation. We
request that interested parties include footnotes for relevant
citations in the executive summary of each issue. Note that Commerce
has amended certain of its requirements pertaining to the service of
documents in 19 CFR 351.303(f).\13\
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\12\ We use the term ``issue'' here to describe an argument that
Commerce would normally address in a comment of the Issues and
Decision Memorandum.
\13\ See APO and Service Final Rule.
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing, limited to issues raised in the case and rebuttal
briefs, must submit a written request to the Assistant Secretary for
Enforcement and Compliance, U.S. Department of Commerce within 30 days
after the date of publication of this notice. Requests should contain:
(1) the party's name, address, and telephone number, the number of
participants, (2) whether any participant is a foreign national, and
(3) a list of the issues to be discussed. If a request for a hearing is
made, Commerce intends to hold the hearing at a date and time to be
determined. Parties should confirm by telephone the date, time, and
location of the hearing two days before the scheduled date.
U.S. International Trade Commission Notification
In accordance with section 703(f) of the Act, Commerce will notify
the U.S. International Trade Commission (ITC) of its determination. If
the final determination is affirmative, the ITC will determine before
the later of 120 days after the date of this preliminary determination
or 45 days after the final determination whether imports of overhead
door springs from India are materially injuring, or threaten material
injury to, the U.S. industry.
Notification to Interested Parties
This determination is issued and published pursuant to sections
703(f) and 777(i) of the Act and 19 CFR 351.205(c).
Dated: March 28, 2025.
Christopher Abbott,
Deputy Assistant Secretary for Policy and Negotiations, performing the
non-exclusive functions and duties of the Assistant Secretary for
Enforcement and Compliance.
Appendix I
Scope of the Investigation
The merchandise covered by this investigation 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 this
investigation 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 this
investigation 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
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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
this investigation 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
this investigation unless specifically excluded. The following
products are specifically excluded from the scope of this
investigation:
<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 this investigation 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 this
investigation is dispositive.
Appendix II
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope Comments
IV. Injury Test
V. Diversification of India's Economy
VI. Use of Facts Otherwise Available and Adverse Inferences
VII. Subsidies Valuation
VIII. Analysis of Programs
IX. Recommendation
[FR Doc. 2025-05759 Filed 4-2-25; 8:45 am]
BILLING CODE 3510-DS-P
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