Notice2025-09945
Overhead Door Counterbalance Torsion Springs From India: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Postponement of Final Determination, and Extension of Provisional Measures
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
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 India are being, or are likely to be, sold in the United States at less than fair value (LTFV). The period of investigation (POI) is October 1, 2023, 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 23316-23319]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-09945]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-533-936]
Overhead Door Counterbalance Torsion Springs From India:
Preliminary Affirmative Determination of Sales at Less Than Fair Value,
Postponement of Final Determination, and Extension of Provisional
Measures
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 India are being, or are likely to be, sold in the
United States at less than fair value (LTFV). The period of
investigation (POI) is October 1, 2023, through September 30, 2024.
Interested parties are invited to comment on this preliminary
determination.
DATES: Applicable June 2, 2025.
FOR FURTHER INFORMATION CONTACT: Seth Brown, AD/CVD Operations, Office
IX, Enforcement and Compliance, International Trade Administration,
U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482-0029.
SUPPLEMENTARY INFORMATION:
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 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 of Antidumping Duty 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 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. 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, 89 FR at 92896.
\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. Commerce has calculated export prices in
accordance with section 772(a) of the Act. Constructed export prices
have been calculated in accordance with section 772(b) of the Act.
Normal value is calculated in accordance with section 773 of the Act.
Furthermore, pursuant to sections 776(a) and (b) of the Act,
[[Page 23317]]
Commerce has preliminarily relied upon facts otherwise available, with
adverse inferences for Asha Spring and Engineering Company; Balaji
Springs Pvt. Ltd.; Modern Engineering & Spring Company; and Reliable
Springs Ltd. For a full description of the methodology underlying the
preliminary determination, see the Preliminary Decision Memorandum.
All-Others Rate
Sections 733(d)(1)(ii) and 735(c)(5)(A) of the Act provide that in
the preliminary determination Commerce shall determine an estimated
all-others rate for all exporters and producers not individually
examined. This rate shall be an amount equal to the weighted average of
the estimated weighted-average dumping margins established for
exporters and producers individually investigated, excluding any zero
and de minimis margins, and any margins determined entirely under
section 776 of the Act.
Commerce calculated an individual estimated weighted-average
dumping margin for Alcomex Springs Pvt Ltd. (Alcomex), the only
individually examined exporter/producer in this investigation. Because
the only individually calculated dumping margin is not zero, de
minimis, or based entirely on facts otherwise available, the estimated
weighted-average dumping margin calculated for Alcomex is the margin
assigned to all other producers and exporters, pursuant to section
735(c)(5)(A) of the Act.
Preliminary Determination
Commerce preliminarily determines that the following estimated
weighted-average dumping margins exist:
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\7\ We adjusted the cash deposit rates for export subsidies of
2.66 percent (comprised of 0.66 percent for the advance
authorization program, 1.50 percent for the duty drawback program,
and 0.50 percent for the remission of duties and taxes on export
products program). See Overhead Door Counterbalance Torsion Springs
from India: Preliminary Affirmative Countervailing Duty
Determination and Alignment of Final Determination with Final
Antidumping Duty Determination, 90 FR 14602 (April 3, 2025), and
accompanying Preliminary Decision Memorandum, unchanged in Overhead
Door Counterbalance Torsion Springs from India: Preliminary
Affirmative Countervailing Duty Determination and Alignment of Final
Determination with Final Antidumping Duty Determination; Correction,
90 FR 15447 (April 11, 2025).
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Cash deposit rate
Weighted-average (adjusted for
Exporter/producer dumping margin subsidy offset(s))
(percent) (percent) \7\
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Alcomex Springs Pvt Ltd....... 87.20 84.54
Asha Spring and Engineering * 124.86 122.20
Company......................
Balaji Springs Pvt. Ltd....... * 124.86 122.20
Modern Engineering & Spring * 124.86 122.20
Company......................
Reliable Springs Ltd.......... * 124.86 122.20
All Others.................... 87.20 84.54
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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 entries of subject merchandise, as described in Appendix I, entered,
or withdrawn from warehouse, for consumption on or after the date of
publication of this notice in the Federal Register. 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 estimated weighted-
average dumping margin or the estimated all-others rate, as follows:
(1) the cash deposit rate for the respondents listed above will be
equal to the company-specific estimated weighted-average dumping
margins determined in this preliminary determination; (2) if the
exporter is not a respondent identified above, but the producer is,
then the cash deposit rate will be equal to the company-specific
estimated weighted-average dumping margin established for that producer
of the subject merchandise; and (3) the cash deposit rate for all other
producers and exporters will be equal to the all-others estimated
weighted-average dumping margin. These suspension of liquidation
instructions will remain in effect until further notice.
Disclosure
Commerce intends to disclose its calculations and analysis
performed to interested parties in this preliminary determination
within five days of any 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
As provided in section 782(i)(1) of the Act, Commerce intends to
verify the information relied upon in making its final determination.
Public Comment
Case briefs or other written 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. A timeline for the submission of case briefs and
written comments will be notified to interested parties at a later
date. 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.\8\ 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.\9\
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\8\ 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).
\9\ See 19 CFR 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,
[[Page 23318]]
executive summary for each issue raised in their briefs.\10\ 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).\11\
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\10\ We use the term ``issue'' here to describe an argument that
Commerce would normally address in a comment of the Issues and
Decision Memorandum.
\11\ 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; (2) the number of
participants andwhether 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 time and date to be
determined. Parties should confirm by telephone the date, time, and
location of the hearing two days before the scheduled date.
Postponement of Final Determination and Extension of Provisional
Measures
Section 735(a)(2) of the Act provides that a final determination
may be postponed until not later than 135 days after the date of the
publication of the preliminary determination if, in the event of an
affirmative preliminary determination, a request for such postponement
is made by exporters who account for a significant proportion of
exports of the subject merchandise, or in the event of a negative
preliminary determination, a request for such postponement is made by
the petitioner. Section 351.210(e)(2) of Commerce's regulations
requires that a request by exporters for postponement of the final
determination be accompanied by a request for extension of provisional
measures from a four-month period to a period not more than six months
in duration.
On April 29, 2025, pursuant to 19 CFR 351.210(e), Alcomex requested
that Commerce postpone the final determination and that provisional
measures be extended to a period not to exceed six months.\12\ In
accordance with section 735(a)(2)(A) of the Act and 19 CFR
351.210(b)(2)(ii), because: (1) the preliminary determination is
affirmative; (2) the requesting exporter accounts for a significant
proportion of exports of the subject merchandise; and (3) no compelling
reasons for denial exist, Commerce is postponing the final
determination and extending the provisional measures from a four-month
period to a period not greater than six months. Accordingly, Commerce
will make its final determination no later than 135 days after the date
of publication of this preliminary determination.
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\12\ See Alcomex's Letter, ``Alcomex's Request to Postpone the
Final Determination,'' dated April 29, 2025.
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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. 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 these imports 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
[[Page 23319]]
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. Period of Investigation
IV. Application of Facts Available and Use of Adverse Inference
V. Discussion of the Methodology
VI. Currency Conversion
VII. Adjustments to Cash Deposit Rates for Export Subsidies in the
Companion Countervailing Duty Investigation
VIII. Recommendation
[FR Doc. 2025-09945 Filed 5-30-25; 8:45 am]
BILLING CODE 3510-DS-P
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