Notice2025-09944
Overhead Door Counterbalance Torsion Springs From the People's Republic of China: Preliminary Affirmative Determination of Sales at Less Than Fair Value
Primary source
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Published
June 2, 2025
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) preliminarily determines that overhead door counterbalance torsion springs (overhead door springs) from the People's Republic of China (China) are being, or are likely to be, sold in the United States at less than fair value (LTFV). The period of investigation (POI) is April 1, 2024, through September 30, 2024. Interested parties are invited to comment on this preliminary determination.
Full Text
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<title>Federal Register, Volume 90 Issue 104 (Monday, June 2, 2025)</title>
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[Federal Register Volume 90, Number 104 (Monday, June 2, 2025)]
[Notices]
[Pages 23311-23314]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-09944]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-186]
Overhead Door Counterbalance Torsion Springs From the People's
Republic of China: Preliminary Affirmative Determination of Sales at
Less Than Fair Value
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily
determines that overhead door counterbalance torsion springs (overhead
door springs) from the People's Republic of China (China) are being, or
are likely to be, sold in the United States at less than fair value
(LTFV). The period of investigation (POI) is April 1, 2024, through
September 30, 2024. Interested parties are invited to comment on this
preliminary determination.
DATES: Applicable June 2, 2025.
FOR FURTHER INFORMATION CONTACT: Jacob Keller, AD/CVD Operations,
Office I, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-4849.
SUPPLEMENTARY INFORMATION:
[[Page 23312]]
Background
This preliminary determination is made in accordance with section
733(b) of the Tariff Act of 1930, as amended (the Act). Commerce
published the notice of initiation of this investigation in the Federal
Register on November 25, 2024.\1\ On March 11, 2025, Commerce postponed
the preliminary determination of this investigation, and the revised
deadline is now May 27, 2025.\2\
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\1\ See Overhead Door Counterbalance Torsion Springs from the
People's Republic of China and India: Initiation of Less-Than-Fair-
Value Investigations, 89 FR 92895 (November 25, 2024) (Initiation
Notice).
\2\ See Overhead Door Counterbalance Torsion Springs from the
People's Republic of China and India: Postponement of Preliminary
Determinations in the Less-Than-Fair-Value Investigations, 90 FR
11716 (March 11, 2025).
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For a complete description of the events that followed the
initiation of this investigation, see the Preliminary Decision
Memorandum.\3\ A list of topics included 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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\3\ See Memorandum, ``Decision Memorandum for the Preliminary
Affirmative Determination in the Less-Than-Fair-Value Investigation
of Overhead Door Counterbalance Torsion Springs from the People's
Republic of China,'' 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 China. 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. For a summary of the product coverage comments
and rebuttal responses submitted to the record for this investigation,
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. See the scope in Appendix I to this notice.
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\4\ See Antidumping Duties; Countervailing Duties, Final Rule,
62 FR 27296, 27323 (May 19, 1997).
\5\ See Initiation Notice.
\6\ See Memorandum, ``Preliminary Scope Decision Memorandum,''
dated March 28, 2025 (Preliminary Scope Decision Memorandum).
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Methodology
Commerce is conducting this investigation in accordance with
section 731 of the Act. Pursuant to sections 776(a) and (b) of the Act,
Commerce preliminarily has relied upon facts otherwise available, with
adverse inferences, for the China-wide entity, including the companies
selected for individual examination: Foshan Nanhai Xulong Spring
Factory (Xulong Spring) and Tianjin Wangxia Spring Co Ltd. (Tianjin
Wangxia). For a full description of the methodology underlying
Commerce's preliminary determination, see the Preliminary Decision
Memorandum.
Combination Rates
In the Initiation Notice,\7\ Commerce stated that it would
calculate producer/exporter combination rates for the respondents that
are eligible for a separate rate in this investigation. Policy Bulletin
05.1 describes this practice.\8\
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\7\ See Initiation Notice, 89 FR at 92899-900.
\8\ See Enforcement and Compliance's Policy Bulletin No. 05.1,
regarding, ``Separate-Rates Practice and Application of Combination
Rates in Antidumping Investigations involving Non-Market Economy
Countries,'' (April 5, 2005) (Policy Bulletin 05.1), available on
Commerce's website at <a href="https://enforcement.trade.gov/policy/bull05-1.pdf">https://enforcement.trade.gov/policy/bull05-1.pdf</a>.
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Separate Rates
We preliminarily granted a separate rate to certain separate rate
respondents that we did not select for individual examination.\9\ In
calculating the rate for non-individually examined separate rate
respondents in a non-market economy LTFV investigation, Commerce
normally looks to section 735(c)(5)(A) of the Act, which pertains to
the calculation of the all-others rate in a market economy LTFV
investigation, for guidance. Pursuant to section 735(c)(5)(A) of the
Act, normally this rate shall be an amount equal to the weighted
average of the estimated weighted-average dumping margins established
for those companies individually-examined, excluding any dumping
margins that are zero, de minimis, or based entirely under section 776
of the Act.
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\9\ Id.
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The estimated weighted average dumping margins for the two
companies individually-examined are based entirely under section 776 of
the Act. In investigations where no estimated weighted-average dumping
margins other than zero, de minimis, or those determined entirely under
section 776 of the Act have been established for individually-examined
entities, in accordance with section 735(c)(5)(B) of the Act,
Commerce's practice is to calculate a simple average of the margins
alleged in the petition and applies the results to the entities not
individually examined but found eligible for a separate rate.\10\ In
this investigation, the simple average of the rates in the Petition is
734.33 percent.\11\ See the table below in the ``Preliminary
Determination'' section of this notice.
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\10\ See, e.g., Disposable Aluminum Containers, Pans, Trays, and
Lids from the People's Republic of China: Final Affirmative
Determination of Sales at Less Than Fair Value and Final Affirmative
Determination of Critical Circumstances, 90 FR 11705 (March 11,
2025); see also Preliminary Decision Memorandum at 8.
\11\ See Petitioners' Letter, ``Petitioners' Response to the
Department's Supplemental Questionnaire Regarding the Petition for
the Imposition of Antidumping Duties on Imports from China,'' dated
November 7, 2024 at Exhibit Supp-AD-CN-5; see also Preliminary
Decision Memorandum at 8.
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Preliminary Determination
Commerce preliminarily determines that the following estimated
weighted-average dumping margins exist:
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\12\ To determine the cash deposit rate, Commerce normally
adjusts the estimated weighted-average dumping margin by the amount
of domestic subsidy pass-through and export subsidies determined in
a companion countervailing duty (CVD) proceeding when CVD
provisional measures are in effect. Accordingly, where Commerce has
made a preliminary affirmative determination for domestic subsidy
pass-through or export subsidies, Commerce has offset the calculated
estimated weighted-average dumping margin by the appropriate rates.
Further details are discussed in the Preliminary Decision Memorandum
accompanying to this notice.
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Cash deposit rate
Weighted-average (adjusted for
Producer Exporter dumping margin subsidy offsets)
(percent) (percent) \12\
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Suzhou Shunchi Hardware Co., Ltd........... Chi Hardware Corporation 734.33 734.33
Limited.
[[Page 23313]]
Wuxi Xinhui Spring Factory................. Chi Hardware Corporation 734.33 734.33
Limited.
Hangzhou Fuxing Spring Co., Ltd............ Chi Hardware Corporation 734.33 734.33
Limited.
Hangzhou Fuxing Spring Co., Ltd............ Hangzhou Fuxing Spring Co., 734.33 734.33
Ltd.
Tianjin Gangzhen Auto Parts Co., Ltd....... Hebei Meirui Metals & 734.33 734.33
Minerals Co., Ltd.
MFG Direct (Ningbo) Limited................ MFG Direct (Ningbo) Limited.. 734.33 734.33
Tianjin Wangxia Spring Co., Ltd............ Ningbo Well Lift Door Co., 734.33 734.33
Ltd.
Hangzhou Fuxing Spring Co., Ltd............ Ningbo Well Lift Door Co., 734.33 734.33
Ltd.
Hefei Wangqin Spring Co., Ltd.............. Ningbo Well Lift Door Co., 734.33 734.33
Ltd.
Tianjin Wangxia Spring Co., Ltd............ Wuxi Jiupie Information 734.33 734.33
Technology Co., Ltd.
Wuxi New Fire Technology Co., Ltd.......... Wuxi Jiupie Information 734.33 734.33
Technology Co., Ltd.
Hangzhou Fuxing Spring Co., Ltd............ Wuxi Jiupie Information 734.33 734.33
Technology Co., Ltd.
Hangzhou Fuxing Spring Co., Ltd............ Wuxi Kop Door Technology Co., 734.33 734.33
Ltd.
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China-wide Entity..................................................... * 778.31 778.31
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* Rate based on facts available with adverse inferences.
Suspension of Liquidation
In accordance with section 733(d)(2) of the Act, Commerce will
direct U.S. Customs and Border Protection (CBP) to suspend liquidation
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,
as discussed below. Further, pursuant to section 733(d)(1)(B) of the
Act and 19 CFR 351.205(d), Commerce will instruct CBP to require a cash
deposit equal to the weighted average amount by which normal value
exceeds U.S. price, as indicated in the chart above as follows: (1) for
the producer/exporter combinations listed in the table above, the cash
deposit rate is equal to the estimated weighted-average dumping margin
listed for that combination in the table; (2) for all combinations of
Chinese producers/exporters of merchandise under consideration that
have not established eligibility for their own separate rates, the cash
deposit rate will be equal to the estimated weighted-average dumping
margin established for the China-wide entity; and (3) for all third-
county exporters of merchandise under consideration not listed in the
table above, the cash deposit rate is the cash deposit rate applicable
to the Chinese producer/exporter combination (or China-wide entity)
that supplied that third-country exporter.
Should provisional measures in the companion CVD investigation
expire prior to the expiration of provisional measures in this LTFV
investigation, Commerce will direct CBP to begin collecting cash
deposits at a rate equal to the estimated weighted-average dumping
margins calculated in this preliminary determination unadjusted for the
passed-through domestic subsidies or for export subsidies at the time
the CVD provisional measures expire.
Disclosure
Commerce intends to disclose to interested parties the calculations
performed in connection with this preliminary determination within five
days of its public announcement or, if there is no public announcement,
within five days of the date of publication 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
Because the mandatory respondents in this investigation did not
provide information requested by Commerce and Commerce preliminarily
determines each of the mandatory respondents to have been
uncooperative, we will not conduct verification.
Public Comment
Case briefs or other written comments may be submitted to the
Assistant Secretary for Enforcement and Compliance no later than 30
days after the date of publication of the preliminary determination,
unless the Secretary alters the time limit.\13\ 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.\14\ 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.\15\
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\13\ See 19 CFR 351.309(c)(1)(i); see also 19 CFR 351.303 (for
general filing requirements).
\14\ 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).
\15\ 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.\16\
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).\17\
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\16\ We use the term ``issue'' here to describe an argument that
Commerce would normally address in a comment of the Issues and
Decision Memorandum.
\17\ See APO and Service Final Rule.
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[[Page 23314]]
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; (2) the number of
participants and 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.
Final Determination
Section 735(a)(1) of the Act and 19 CFR 351.210(b)(1) provide that
Commerce will issue the final determination within 75 days after the
date of its preliminary determination. Accordingly, Commerce will make
its final determination no later than 75 days after the signature date
of this preliminary determination.
U.S. International Trade Commission Notification
In accordance with section 733(f) of the Act, Commerce will notify
the U.S. International Trade Commission (ITC) of its preliminary
determination of sales at LTFV. 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 subject merchandise are materially
injuring, or threaten material injury to, the U.S. industry.
Notification to Interested Parties
This determination is issued and published in accordance with
sections 733(f) and 777(i)(1) of the Act and 19 CFR 351.205(c).
Dated: May 27, 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 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 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. Period of Investigation
IV. Discussion of the Methodology
V. Adjustment Under Section 777(A) of the Act
VI. Adjustments to the Cash Deposit Rates for Export Subsidies in
the Companion Countervailing Duty Investigation
VII. Recommendation
[FR Doc. 2025-09944 Filed 5-30-25; 8:45 am]
BILLING CODE 3510-DS-P
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