Overhead Door Counterbalance Torsion Springs From the People's Republic of China: Final Affirmative Determination Sales at Less Than Fair Value and Final Affirmative Critical Circumstances Determination, in Part
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Issuing agencies
Abstract
The U.S. Department of Commerce (Commerce) determines that overhead door counterbalance torsion springs (overhead door springs) from the People's Republic of China (China) are being, or 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.
Full Text
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<title>Federal Register, Volume 90 Issue 156 (Friday, August 15, 2025)</title>
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[Federal Register Volume 90, Number 156 (Friday, August 15, 2025)]
[Notices]
[Pages 39369-39372]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-15522]
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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: Final Affirmative Determination Sales at Less Than
Fair Value and Final Affirmative Critical Circumstances Determination,
in Part
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) determines that
overhead door counterbalance torsion springs (overhead door springs)
from the People's Republic of China (China) are being, or 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.
DATES: Applicable August 15, 2025.
FOR FURTHER INFORMATION CONTACT: Jacob Keller or Blair Hood, AD/CVD
Operations, Office I, U.S. Department of Commerce, 1401 Constitution
Avenue NW, Washington, DC 20230; telephone: (202) 482-4849 and (202)
482-8329, respectively.
SUPPLEMENTARY INFORMATION:
Background
On June 2, 2025, Commerce published the Preliminary Determination
in the Federal Register.\1\ On July 29, 2025, Commerce published the
Preliminary Critical Circumstances Determination in the Federal
Register.\2\ For a complete description of the events that followed the
Preliminary Determination and Preliminary Critical Circumstances
Determination, see Issues and Decision Memorandum.\3\ The Issues and
Decision Memorandum is a public document and is on file electronically
via Enforcement and Compliance's Antidumping and Countervailing Duty
Centralized
[[Page 39370]]
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 Issues and 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: Preliminary Affirmative Determination of
Sales at Less Than Fair Value, 90 FR 23311 (June 2, 2025)
(Preliminary Determination), and accompanying Preliminary Decision
Memorandum (PDM).
\2\ See Overhead Door Counterbalance Torsion Springs from India
and the People's Republic of China: Preliminary Affirmative
Determinations of Critical Circumstances, in Part, in the Less-Than-
Fair Value Investigations, 90 FR 25662 (July 29, 2025) (Preliminary
Critical Circumstances Determination).
\3\ See Memorandum, ``Issues and Decision Memorandum for the
Final 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 (Issues and Decision Memorandum).
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Scope of the Investigation
The product covered by this investigation is overhead door springs
from China. For a complete description of the scope of this
investigation, see Appendix I.
Scope Comments
In the Preliminary Scope Memorandum, we set aside a period of time
for parties to raise issues regarding product coverage (i.e., scope) in
scope-specific case briefs or other written comments on scope
issues.\4\ No interested parties commented. Therefore, we made no
changes to the scope of the investigation. See Appendix I.
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\4\ See Memorandum, ``Preliminary Scope Decision Memorandum,''
dated March 28, 2025 (Preliminary Scope Memorandum).
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Verification
Commerce did not conduct verification of the mandatory respondents
under examination in this investigation, because the respondents did
not provide information requested by Commerce.
Analysis of Comments Received
The issue raised in the case brief by an interested party in this
investigation is discussed in the Issues and Decision Memorandum. For a
list of topics discussed, and the issue raised to which we responded in
the Issues and Decision Memorandum, see Appendix II.
China-Wide Entity and Use of Adverse Facts Available (AFA)
For the purposes of this final determination, consistent with the
Preliminary Determination,\5\ we relied solely on the application of
AFA for the China-wide entity, pursuant to sections 776(a) and (b) of
the Tariff Act of 1930, as amended (the Act). No interested party
submitted comments on the Preliminary Determination. Thus, we made no
changes to our analysis or to the China-wide entity's dumping margin
for the final determination. A detailed discussion of our application
of AFA is provided in the Preliminary Determination.\6\
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\5\ See Preliminary Determination PDM at 10-13.
\6\ Id.
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Final Affirmative Determination of Critical Circumstances, in Part
Commerce preliminarily determined, in accordance with section
733(e)(1) of the Act and 19 CFR 351.206(c)(1), that critical
circumstances existed with respect to imports of overhead door springs
produced and/or exported by the China-wide entity, but that critical
circumstances did not exist with respect all other producers and/or
exporters granted a separate rate not individually examined.\7\
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\7\ See Preliminary Critical Circumstances Determination.
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For the final determination, pursuant to section 735(a)(3)(B) of
the Act and 19 CFR 351.206, we are continuing to find that critical
circumstances exist for the China-wide entity, and do not exist for all
other producers and/or exporters granted a separate rate. With respect
to finding that critical circumstances exist for the China-wide entity,
we relied on facts otherwise available, including with an adverse
inference, pursuant to sections 776(a) and (b) of the Act. For a full
description of the methodology and results of Commerce's critical
circumstances analysis, see the Issues and Decision Memorandum.
Separate Rate Eligibility
In the Preliminary Determination, we found that seven companies \8\
demonstrated their eligibility for a separate rate.\9\ As we received
no information or interested party arguments to the contrary since the
issuance of the Preliminary Determination, we continue to find that
these companies are each eligible for a separate rate.
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\8\ These companies are: (1) Chi Hardware Corporation Limited
(Chi Hardware), (2) Hangzhou Fuxing Spring Co., Ltd. (Fuxing), (3)
Hebei Meirui Metals and Minerals Co.. Ltd. (Hebei Meirui), (4) MFG
Direct (Ningbo) Limited (Ningbo Direct), (5) Ningbo Well Lift Door
Co., Ltd. (Ningbo Well), (6)Wuxi JiuPie Information Technology Co.,
Ltd. (Wuxi JiuPie), and (7) Wuxi KOP Door Technology Co., Ltd (Wuxi
KOP).
\9\ See Preliminary Determination.
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Final Determination
Commerce determines that the following estimated weighted-average
dumping margins exist:
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Cash deposit rate
Weighted-average (adjusted for
Producer Exporter dumping margin subsidy offsets)
(percent) (percent)
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Suzhou Shunchi Hardware Co., Ltd.......... Chi Hardware Corporation 734.33 723.79
Limited.
Wuxi Xinhui Spring Factory................ Chi Hardware Corporation 734.33 723.79
Limited.
Hangzhou Fuxing Spring Co., Ltd........... Chi Hardware Corporation 734.33 723.79
Limited.
Hangzhou Fuxing Spring Co., Ltd........... Hangzhou Fuxing Spring Co., 734.33 723.79
Ltd.
Tianjin Gangzhen Auto Parts Co., Ltd...... Hebei Meirui Metals & 734.33 723.79
Minerals Co., Ltd.
MFG Direct (Ningbo) Limited............... MFG Direct (Ningbo) Limited. 734.33 723.79
Tianjin Wangxia Spring Co., Ltd........... Ningbo Well Lift Door Co., 734.33 723.79
Ltd.
Hangzhou Fuxing Spring Co., Ltd........... Ningbo Well Lift Door Co., 734.33 723.79
Ltd.
Hefei Wangqin Spring Co., Ltd............. Ningbo Well Lift Door Co., 734.33 723.79
Ltd.
Tianjin Wangxia Spring Co., Ltd........... Wuxi Jiupie Information 734.33 723.79
Technology Co., Ltd.
Wuxi New Fire Technology Co., Ltd......... Wuxi Jiupie Information 734.33 723.79
Technology Co., Ltd.
Hangzhou Fuxing Spring Co., Ltd........... Wuxi Jiupie Information 734.33 723.79
Technology Co., Ltd.
Hangzhou Fuxing Spring Co., Ltd........... Wuxi Kop Door Technology 734.33 723.79
Co., Ltd.
China-wide Entity......................... ............................ * 778.31 767.77
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* Rate based on facts available with adverse inferences.
Disclosure
Because we have not modified our analysis to the Preliminary
Determination, we are adopting the Preliminary Determination as the
final determination. Consequently, there are no new calculations to
disclose in accordance with 19 CFR 351.224(b) for the final
determination of this investigation.
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Continuation of Suspension of Liquidation
As a result of our Preliminary Determination and Preliminary
Critical Circumstances Determination, and pursuant to sections
733(e)(2)(A) of the Act, for the China-wide entity, Commerce will
instruct U.S. Customs and Border Protection (CBP) to continue to
suspend liquidation of subject merchandise, as described in Appendix I,
entered, or withdrawn from warehouse, for consumption on or after March
4, 2025, which is 90 days prior to the date of the publication of the
affirmative Preliminary Determination in the Federal Register, at the
cash deposit rate indicated above.
For the separate rate companies, we will instruct CBP to continue
to suspend liquidation of subject merchandise, entered, or withdrawn
from warehouse, for consumption, on or after June 2, 2025, which is the
date of publication of the affirmative Preliminary Determination in the
Federal Register, at the cash deposit rate indicated in the above
table.
Pursuant to section 735(c)(1)(B)(ii) of the Act and 19 CFR
351.210(d), we will instruct CBP to require a cash deposit for such
entries of merchandise equal to the amount by which normal value
exceeds the U.S. price as follows: (1) the cash deposit rate for the
exporter/producer combination listed in the table above will be the
rate identified in the table, adjusted for subsidy offsets, if
appropriate; (2) for all combinations of Chinese producers/exporters of
subject merchandise that have not established eligibility for their own
separate rates, the cash deposit rate will be the rate established for
the China-wide entity, adjusted for subsidy offsets if appropriate; and
(3) for all third country exporters of subject merchandise, the cash
deposit rate will be the cash deposit rate applicable to the Chinese
producer/exporter that supplied that third country exporter.
To determine the cash deposit rate, Commerce normally adjusts the
estimated weighted-average dumping margin by the amount of domestic
pass-through and export subsidies countervailed in a companion
countervailing duty (CVD) proceeding, when CVD provisional measures are
in effect. Accordingly, where Commerce has made a final affirmative
determination for domestic pass-through or export subsides, Commerce
offsets the estimated weighted-average dumping margin by the
appropriate CVD rate. Commerce has continued to adjust the cash deposit
rate for export subsidies found in the companion CVD investigation by
the appropriate export subsidy rate, however, the suspension of
liquidation of provisional measures in the companion CVD case has been
discontinued.\10\ Therefore, we are not instructing CBP to collect cash
deposits based on the adjusted estimated weighted-average dumping
margin for export subsidies at this time.\11\ If the U.S. International
Trade Commission (ITC) makes a final affirmative determination of
injury due to both dumping and subsidies, then the cash deposit rate
will be revised effective on the date of publication of the ITC's final
affirmative determination in the Federal Register to be the company-
specific estimated weighted-average dumping margin adjusted for export
subsidies.
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\10\ See section 703(d) of the Act, which states that the
provisional measures may not be in effect for more than four months,
which in the companion CVD case is 120 days after the publication of
the preliminary determination, or July 31, 2025 (i.e., the last day
provisional measures are in effect).
\11\ Overhead Door Counterbalance Torsion Springs from the
People's Republic of China: Preliminary Affirmative Countervailing
Duty Determination and Alignment of Final Determination with Final
Antidumping Duty Determination, 90 FR 1630 (April 3, 2025); see also
703(d) of the Act, which states that the provisional measures may
not be in effect for more than four months, which in the companion
CVD case is 120 days after the publication of the preliminary
determination, or August 1, 2025.
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ITC Notification
In accordance with section 735(d) of the Act, Commerce will notify
the ITC of its final affirmative determination of sales at LTFV of
overhead door springs from China. Because the final determination is
affirmative, in accordance with section 735(b)(2) of the Act, the ITC
will determine, within 45 days, whether the domestic industry in the
United States is materially injured, or threatened with material
injury, by reason of imports of overhead door springs from China.
In addition, we are making available to the ITC all non-privileged
and non-proprietary information related to this investigation. We will
allow the ITC access to all privileged and business proprietary
information in our files, provided the ITC confirms that it will not
disclose such information, either publicly or under an administrative
protective order (APO), without the written consent of the Assistant
Secretary for Enforcement and Compliance.
If the ITC determines that material injury or threat of material
injury does not exist, this proceeding will be terminated and all cash
deposits will be refunded. If the ITC determines that such injury does
exist, Commerce will issue an AD order, in accordance with section
736(a) of the Act, directing CBP to assess, upon further instruction by
Commerce, antidumping duties on all imports of the subject merchandise
that are entered, or withdrawn from warehouse, for consumption on or
after the effective date of the suspension of liquidation, as discussed
in the ``Continuation of Suspension of Liquidation'' section.
Administrative Protective Order
In the event that the ITC issues a final negative injury
determination, this notice will serve as the only reminder to parties
subject to an APO of their responsibility concerning the destruction of
proprietary information disclosed under APO, in accordance with 19 CFR
351.305(a)(3). Timely written notification of the return/destruction of
APO materials or conversion to judicial protective order is hereby
requested. Failure to comply with the regulations and terms of an APO
is a violation which is subject to sanction.
Notification to Interested Parties
This determination is issued and published in accordance with
sections 735(d) and 777(i) of the Act, and 19 CFR 351.210(c).
Dated: August 11, 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:
[[Page 39372]]
<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 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 Issues and Decision Memorandum
I. Summary
II. Background
III. Final Affirmative Determination of Critical Circumstances in
Part
IV. Discussion of the Issue
Comment: Whether Commerce Should Rely on Ship Manifest Panjiva
Data Rather Than Trade Data Monitor Import Statistics for the Final
Critical Circumstances Determination
V. Recommendation
[FR Doc. 2025-15522 Filed 8-14-25; 8:45 am]
BILLING CODE 3510-DS-P
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