Notice2025-14338
Overhead Door Counterbalance Torsion Springs From India: Preliminary Affirmative Determination of Critical Circumstances in the Countervailing Duty Investigation
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
July 29, 2025
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) preliminarily determines that critical circumstances exist with respect to imports of overhead door counterbalance torsion springs (overhead door springs) from producers and exporters from India.
Full Text
<html>
<head>
<title>Federal Register, Volume 90 Issue 143 (Tuesday, July 29, 2025)</title>
</head>
<body><pre>
[Federal Register Volume 90, Number 143 (Tuesday, July 29, 2025)]
[Notices]
[Pages 35660-35662]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-14338]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[C-533-937]
Overhead Door Counterbalance Torsion Springs From India:
Preliminary Affirmative Determination of Critical Circumstances in the
Countervailing Duty Investigation
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily
determines that critical circumstances exist with respect to imports of
overhead door counterbalance torsion springs (overhead door springs)
from producers and exporters from India.
DATES: Applicable July 29, 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
On October 29, 2024, Commerce received a countervailing duty (CVD)
petition concerning imports of overhead door springs from India filed
in proper form on behalf of the petitioners, IDC Group Inc., Iowa
Spring Manufacturing, Inc., and Service Spring Corp (collectively, the
petitioners).\1\ On November 25, 2024, Commerce published the notice of
the initiation of this investigation \2\ and, on April 3, 2025,
Commerce published its Preliminary Determination.\3\
---------------------------------------------------------------------------
\1\ See Petitioners' Letter, ``Petitions for the Imposition of
Antidumping and Countervailing Duties,'' dated October 29, 2024
(Petitions).
\2\ 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).
\3\ 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) (Preliminary
Determination), and accompanying Preliminary Decision Memorandum
(PDM).
---------------------------------------------------------------------------
Commerce selected Alcomex Springs Pvt Ltd. (Alcomex) as the sole
individually-examined respondent in this investigation.\4\ On May 19,
2025, Alcomex withdrew its participation from this investigation.\5\
---------------------------------------------------------------------------
\4\ See Memorandum, ``Respondent Selection,'' dated December 18,
2024.
\5\ See Alcomex's Letter, ``Overhead Door Counterbalance Torsion
Springs from India; Alcomex's Withdrawal of Participation from
Investigation,'' dated May 19, 2025 (Letter of Withdrawal of
Participation).
---------------------------------------------------------------------------
On June 24, 2025, the petitioners alleged that critical
circumstances exist with respect to imports of overhead door springs
from India, pursuant to section 703(e)(1) of the Tariff Act of 1930, as
amended (the Act), and 19 CFR 531.206.\6\
---------------------------------------------------------------------------
\6\ See Petitioners' Letter, ``Overhead Door Counterbalance
Torsion Springs from India--Petitioners' Allegation of Critical
Circumstances,'' dated June 24, 2025 (Critical Circumstances
Allegation).
---------------------------------------------------------------------------
In accordance with section 703(e)(1) of the Act and 19 CFR
351.206(c)(1), because the petitioners submitted the critical
circumstances allegation more than 30 days before the scheduled date of
the final determination,\7\ Commerce will make a preliminary finding as
to whether there is a reasonable basis to believe or suspect that
critical circumstances exist. Commerce is issuing its preliminary
finding of critical circumstances within 30 days after the petitioners
submitted the allegation.\8\
---------------------------------------------------------------------------
\7\ The final determination for this CVD investigation is
currently due no later than August 11, 2025. See Preliminary
Determination, 90 FR at 14631.
\8\ See 19 CFR 351.206(c)(2)(ii). In this case, 30 days after
the petitioners submitted the allegation would place the deadline on
Thursday, July 24, 2025.
---------------------------------------------------------------------------
Period of Investigation (POI)
The POI is January 1, 2023, through December 31, 2023.
Critical Circumstances Allegation
The petitioners allege that there were a massive increase of
imports of overhead door springs from India and provided monthly import
data for the period of June 2024 through March 2025.\9\ The petitioners
state that a comparison of total imports, by quantity (in pounds), for
the base period of June 2024 through October 2024 to the comparison
period November 2024 through March 2025, shows that imports of overhead
door springs from India increased by 117.32 percent,\10\ which is
considered ``massive'' under 19 CFR 351.206(h)(2). The petitioners also
allege that there is a reasonable basis to believe that there are
subsidies in this investigation which are inconsistent with the
Subsidies and Countervailing Measures Agreement of the World Trade
Organization (SCM Agreement).\11\
---------------------------------------------------------------------------
\9\ See Critical Circumstances Allegation at 7 and Attachment.
\10\ Id. at 7.
\11\ Id. at 4 and 5.
---------------------------------------------------------------------------
Critical Circumstances Analysis
Section 703(e)(1) of the Act provides that Commerce will
preliminarily determine that critical circumstances exist in a CVD
investigation if there is a reasonable basis to believe or suspect
that: (A) the alleged countervailable subsidy is inconsistent with the
SCM Agreement; \11\ and (B) there have been massive imports of the
subject merchandise over a relatively short period.
In determining whether there are ``massive imports'' over a
``relatively short period,'' pursuant to section 703(e)(1)(B) of the
Act and 19 CFR 351.206(h) and (i), Commerce normally compares the
import volumes of the subject merchandise for at least three months
immediately preceding the filing of the petition (i.e., the base
period) to a comparable period of at least three months following the
filing of the petition (i.e., the comparison period). However, the
regulations also provide that if Commerce finds that importers, or
exporters or producers, had reason to believe, at some time prior to
the beginning of the proceeding, that a proceeding was likely, Commerce
may consider a period of not less than three months from the earlier
time.\12\ Imports normally will be considered massive when imports
during the comparison period have increased by 15 percent or more
compared to imports during the base period.\13\
---------------------------------------------------------------------------
\12\ See 19 CFR 351.206(i).
\13\ See 19 CFR 351.206(h)(2).
---------------------------------------------------------------------------
Alleged Countervailable Subsidies Are Inconsistent With the SCM
Agreement
Alcomex
In the Preliminary Determination, we found that Alcomex, pursuant
to section 776(b) of the Act, received countervailable subsidies
inconsistent with the SCM Agreement under section 703(e)(1)(A) of the
Act.\14\ Such programs are the Advanced Authorization Program (AAP),
the Duty Drawback (DDB), and the Remission of Duties and Taxes on
Export Products (RoDTEP) programs, which were found to be export
contingent in the Preliminary Determination.\15\ Thus, because we
preliminarily found that these programs are export contingent, we
preliminarily
[[Page 35661]]
find that the criterion under section 703(e)(1)(A) of the Act has been
met.\16\
---------------------------------------------------------------------------
\14\ See Preliminary Determination PDM at 14-21.
\15\ Id.
\16\ Id.
---------------------------------------------------------------------------
Non-Responsive Companies
As explained in the Preliminary Determination, we preliminarily
applied total adverse facts available (AFA) to Asha Spring and
Engineering Company, Balaji Springs Pvt. Ltd., Modern Engineering &
Spring Company, and Reliable Springs Ltd. (collectively, non-responsive
companies), pursuant to section 776(b) of the Act.\17\ In applying
total AFA to these four companies, we preliminarily determined that
each benefited from the AAP, the DDB, and RoDTEP programs.\18\ Because
we found that these programs are export contingent and therefore
inconsistent with the SCM Agreement in the Preliminary Determination,
we now preliminarily find, pursuant to section 776(b) of the Act, that
the four non-responsive companies meet the criterion delineated by
section 703(e)91)(A) of the Act.
---------------------------------------------------------------------------
\17\ Id. PDM at 7.
\18\ Id. at 7 and Appendix.
---------------------------------------------------------------------------
Massive Imports
As stated above, Alcomex withdrew its participation from this
investigation and,\19\ thus, did not provide import company-specific
shipment data needed for the critical circumstance analysis. Therefore,
in accordance with section 703(e)(1), and sections 776(a) and (b) of
the Act, Commerce preliminarily determines that critical circumstances
exist with respect to imports of overhead door springs from India for
Alcomex and the non-responsive companies.
---------------------------------------------------------------------------
\19\ See Letter of Withdrawal of Participation.
---------------------------------------------------------------------------
To determine whether imports are massive within the meaning of 19
CFR 351.206(h) for all other exporters or producers, Commerce's normal
practice is to subtract shipments reported by the cooperating mandatory
respondents from the shipment data of subject merchandise. However, as
stated above, there are no cooperative respondents under investigation.
Therefore, for all other exporters and/or producers, we compared the
monthly shipment data using import data from Trade Data Monitor (TDM)
for a base and a comparison period. We determined to use the TDM data
because the Panjiva data supplied by the petitioner did not report the
U.S. Harmonized Tariff Schedule (HTSUS) codes for all entries
reported.\20\
---------------------------------------------------------------------------
\20\ See Critical Circumstances Allegation at Attachment.
---------------------------------------------------------------------------
When determining whether massive shipments occurred, Commerce's
practice is to include the month the petition was filed in the base
period if the petition was filed during the last half of the month.\21\
Further, Commerce's practice is to use the longest period for which
information is available through the month in which provisional
measures were applied or the month prior to provisional measures being
applied if the preliminary determination published in the first half of
the month.\22\ The Petition was filed during the second half of October
2024, and the Preliminary Determination published during the first half
of April 2025. Thus, to determine whether there was a massive surge in
imports, Commerce utilized a five-month base period comprised of the
total volume of shipments during the period June 2024 through October
2024 and a five-month comparison period comprised of the volume of
shipments during the period November 2024 through March 2025.\23\ The
quantity of shipments recorded in the TDM data for the HTSUS codes
7320.20.5020, 7320.20.5045, and 7320.20.5060 during the comparison
period exceeded the quantity of shipments recorded for the base period
by 15 percent.\24\ Therefore, we determine that the record supports a
determination that there is a massive surge in imports between the base
and comparison periods for all other exporters and producers of
overhead door springs from India.\25\
---------------------------------------------------------------------------
\21\ See, e.g., Circular Welded Carbon Quality Steel Pipe from
the People's Republic of China: Final Affirmative Countervailing
Duty Determination and Final Affirmative Determination of Critical
Circumstances, 73 FR 31966 (June 5, 2008) and accompanying Decision
Memorandum (IDM) at 91-92.
\22\ See, e.g., Certain Quartz Surface Products from the
Republic of Turkey: Final Affirmative Countervailing Duty
Determination and Final Affirmative Determination of Critical
Circumstances, In Part, 85 FR 25400 (May 1, 2020) and accompanying
IDM at 2-3.
\23\ See Memorandum, ``Preliminary Critical Circumstances
Analysis,'' dated concurrently with this memorandum (Critical
Circumstances Analysis Memorandum), at Attachment.
\24\ Id.
\25\ Id.
---------------------------------------------------------------------------
Final Determination
We will make a final determination concerning critical
circumstances in the final determination of this investigation, which
is currently scheduled for October 15, 2025.
Public Comment
Case briefs or other written comments limited to Commerce's
preliminary critical circumstances determination may be submitted to
the Assistant Secretary for Enforcement and Compliance no later than
seven days after the date on which this notice is published in the
Federal Register. 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.\26\ 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.\27\
---------------------------------------------------------------------------
\26\ 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).
\27\ See 19 351.309(c)(2) and (d)(2).
---------------------------------------------------------------------------
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.\28\
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).\29\
---------------------------------------------------------------------------
\28\ See We use the term ``issue'' here to describe an argument
that Commerce would normally address in a comment of the Issues and
Decision Memorandum.
\29\ See APO and Service Final Rule.
---------------------------------------------------------------------------
Suspension of Liquidation
In accordance with section 703(e)(2)(A) of the Act, for Alcomex,
the non-responsive companies, and all other producers or exporters of
overhead door springs from India, we intend to direct U.S. Customs and
Border Protection (CBP) to suspend liquidation of any unliquidated
entries of subject merchandise from India entered, or withdrawn from
warehouse for consumption, on or after January 3, 2025, which is 90
days prior to the date of publication of the Preliminary Determination
in the Federal Register. For such entries, CBP shall require a cash
deposit equal to the estimated preliminary subsidy rates established in
the Preliminary Determination. This suspension of liquidation will
remain in effect until further notice.
[[Page 35662]]
U.S. International Trade Commission (ITC) Notification
In accordance with section 703(f) of the Act, Commerce intends to
notify the ITC of this preliminary determination of critical
circumstances.
Notification to Interested Parties
This determination is issued and published pursuant to sections
703(f) and 771(i) of the Act, and 19 CFR 351.205(c).
Dated: July 24, 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.
[FR Doc. 2025-14338 Filed 7-28-25; 8:45 am]
BILLING CODE 3510-DS-P
</pre></body>
</html>Indexed from Federal Register on July 29, 2025.
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.