Notice2025-15525
Overhead Door Counterbalance Torsion Springs From the People's Republic of China: Final Affirmative Countervailing Duty Determination and Final Affirmative Critical Circumstances Determination in Part
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
August 15, 2025
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) determines that countervailable subsidies are being provided to producers and exporters of overhead door counterbalance torsion springs (overhead door springs) from the People's Republic of China (China). The period of investigation (POI) is January 1, 2023, through December 31, 2023.
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 39374-39377]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-15525]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-570-187]
Overhead Door Counterbalance Torsion Springs From the People's
Republic of China: Final Affirmative Countervailing Duty Determination
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
countervailable subsidies are being provided to producers and exporters
of overhead door counterbalance torsion springs (overhead door springs)
from the People's Republic of China (China). The period of
investigation (POI) is January 1, 2023, through December 31, 2023.
DATES: Applicable August 15, 2025.
FOR FURTHER INFORMATION CONTACT: Laurel Smalley, AD/CVD Operations,
Office VIII, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-3456.
SUPPLEMENTARY INFORMATION:
Background
On April 3, 2025, Commerce published the Preliminary Determination
in the Federal Register and invited interested parties to comment.\1\
On July 16, 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 the 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 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 Countervailing
Duty Determination and Alignment of Final Determination With Final
Antidumping Duty Determination, 90 FR 14630, 14631 (April 3, 2025)
(Preliminary Determination), and accompanying Preliminary Decision
Memorandum (PDM).
\2\ See Overhead Door Counterbalance Torsion Springs from the
People's Republic of China: Preliminary Affirmative Determination of
Critical Circumstances, in Part, in the Countervailing Duty
Investigation, 90 FR 31960 (July 16, 2025) (Preliminary Critical
Circumstances Determination).
\3\ See Memorandum, ``Issues and Decision Memorandum for the
Final Affirmative Determination of the Countervailing Duty
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 respondents under
examination in this investigation, because the mandatory respondents
either did not provide information requested by Commerce (i.e., Foshan
Nanhai Xulong Spring Factory (Xulong Spring)) or withdrew from the
investigation (i.e., Tianjin Wangxia Spring Co., Ltd. (Tianjin
Wangxia)). Accordingly, because each of the examined respondents is
uncooperative in this investigation, Commerce could not conduct
verification. See Issues and Decision Memorandum.
Analysis of Comments Received
The subsidy programs under investigation and the issues raised in
the case brief filed by an interested party in this investigation are
discussed in the Issues and Decision Memorandum. For a list of the
topics raised to which we responded in the Issues and Decision
Memorandum, see Appendix II.
Methodology
Commerce conducted this investigation in accordance with section
701 of the Act. For each of the subsidy programs found to be
countervailable, Commerce determines that there is a
[[Page 39375]]
subsidy, i.e., a financial contribution by an ``authority'' that gives
rise to a benefit to the recipient, and that the subsidy is
specific.\5\ For a full description of the methodology underlying our
final determination, see the Issues and Decision Memorandum.
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\5\ 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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In making this final determination, Commerce relied, in part, on
facts otherwise available, including with an adverse inference,
pursuant to sections 776(a) and (b) of the Act. For a full discussion
of our application of adverse facts available (AFA), see the ``Use of
Facts Otherwise Available and Application of Adverse Inferences''
section in the Issues and Decision Memorandum.
Final Affirmative Determination of Critical Circumstances, in Part
Commerce preliminarily determined, in accordance with section
703(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 Xulong Spring, Tianjin Wangxia, and the
non-responsive companies,\6\ but that critical circumstances did not
exist with respect to all other producers and/or exporters not
individually examined.\7\
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\6\ Commerce did not receive responses to its quantity and value
questionnaire from the following companies: (1) Beled Co., Limited/
Beled (Shenzhen) Commerce Co Ltd; (2) Jiaxing Taike Springs Co Ltd;
(3) Kowloon Metal Spring Factory; (4) Ningbo I Promise Import
Export; and (5) Xiamen Globe Truth GT Industries. See Preliminary
Determination PDM at 18-19.
\7\ See Preliminary Critical Circumstances Determination.
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For this final determination, pursuant to section 705(a)(2) of the
Act and 19 CFR 351.206, we are continuing to find that critical
circumstances exist for Xulong Spring, Tianjin Wangxia, and the non-
responsive companies, and do not exist for all other producers and/or
exporters. With respect to finding that critical circumstances exist
for Xulong Spring, Tianjin Wangxia, and the non-responsive companies,
we relied on AFA, pursuant to sections 776(a) and (b) of the Act. For a
full description of the methodology, changes to the Preliminary
Critical Circumstances Determination, and results of Commerce's
critical circumstances analysis, see the Issues and Decision
Memorandum.
Changes Since the Preliminary Determination
Based on Tianjin Wangxia's withdrawal from the investigation and
Commerce's subsequent cancellation of verification, for this final
determination, we made certain changes to the countervailable subsidy
rate calculations for Tianjin Wangxia. Additionally, we made certain
changes to the countervailable subsidy rates applicable to Xulong
Spring, the non-responsive companies, and for all other producers/
exporters. For a discussion of these changes, see the Issues and
Decision Memorandum.
All-Others Rate
Sections 703(d) and 705(c)(5)(A) of the Act provide that 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.
Pursuant to section 705(c)(5)(A)(ii) of the Act, if the individual
estimated countervailable subsidy rates established for all exporters
and producers individually examined are zero, de minimis, or determined
entirely under section 776, Commerce may use any reasonable method to
establish the estimated subsidy rate for all other producers and/or
exporters. Commerce in this investigation has determined the subsidy
rates for the individually examined respondents under section 776 of
the Act. Consequently, as a reasonable method, Commerce is determining
the all-others rate based on the rate determined for Xulong Spring and
Tianjin Wangxia, the mandatory respondents in this investigation, as
determined under section 776 of the Act, as this is the only rate
available in this proceeding.\8\ For a full description of the
methodology underlying Commerce's analysis, see the Issues and Decision
Memorandum.
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\8\ See, e.g., Melamine From Germany: Final Affirmative
Countervailing Duty Determination, 89 FR 97586 (December 9, 2024).
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Final Determination
Commerce determines that the following estimated countervailable
subsidy rates exist for the period January 1, 2023, through December
31, 2023:
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Subsidy rate (percent
Company ad valorem)
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Tianjin Wangxia Spring Co. Ltd.\9\............. * 257.46
Foshan Nanhai Xulong Spring Factory............ * 257.46
Beled Co., Ltd./Beled (Shenzhen) Commerce Co., * 257.46
Ltd...........................................
Jiaxing Taike Springs Co., Ltd................. * 257.46
Kowloon Metal Spring Factory................... * 257.46
Ningbo I Promise Import Export................. * 257.46
Xiamen Globe Truth (GT) Industries............. * 257.46
All Others \10\................................ 257.46
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* This rate is based on AFA.
Disclosure
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\9\ As discussed in the Preliminary Determination, Commerce
found the following companies to be cross-owned with Tianjin
Wangxia: Tianjin Gangzhen Auto Parts Co., Ltd. and Tianjin OK Garage
Door Parts Co., Ltd. See Preliminary Determination PDM at 24-26.
\10\ Commerce received responses to its quantity and value
questionnaire from the following companies: (1) Chi Hardware Corp.
Ltd.; (2) Hangzhou Fuxing Spring Co., Ltd.; (3) Hebei Meirui Metals
& Minerals Co., Ltd.; (4) MFG Direct (Ningbo) Limited; (5) Ningbo
Well Lift Door Co. Ltd.; (6) Wuxi Jiupie Information Technology Co.,
Ltd; and (7) Wuxi Kop Door Technology Co. Ltd. See Memorandum,
``Respondent Selection,'' dated December 17, 2024 at Issue 2.
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Commerce intends to disclose its calculations and analysis
performed to interested parties in this final determination within five
days of any public announcement, or if there is no public announcement,
within five days of the date of the publication of this notice in the
Federal Register, in accordance with 19 CFR 351.224(b).
Continuation of Suspension of Liquidation
As a result of our Preliminary Determination, and pursuant to
sections 703(d)(1)(B) and (d)(2) of the Act,
[[Page 39376]]
Commerce instructed U.S. Customs and Border Protection (CBP) to collect
cash deposits and 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 April
3, 2025, the date of publication of the Preliminary Determination in
the Federal Register. As a result of the Preliminary Critical
Circumstances Determination, Commerce instructed CBP to collect cash
deposits and suspend liquidation of entries of subject merchandise
covered by the scope of the investigation entered, or withdrawn from
warehouse, for consumption on or after January 3, 2025 (90 days prior
to the Preliminary Determination) for Xulong Spring, Tianjin Wangxia,
and the non-responsive companies for which Commerce preliminarily found
that critical circumstances exist.\11\ In accordance with section
703(d) of the Act, we instructed CBP to discontinue the suspension of
liquidation of all entries of subject merchandise entered or withdrawn
from warehouse, on or after August 1, 2025, the first day provisional
measures were no longer in effect, but to continue the suspension of
liquidation of all entries of subject merchandise on or before July 31,
2025.
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\11\ See Preliminary Critical Circumstances Determination.
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If the U.S. International Trade Commission (ITC) issues a final
affirmative injury determination, we will issue a countervailing duty
order, reinstate the suspension of liquidation under section 706(a) of
the Act, and require a cash deposit of estimated countervailing duties
for such entries of subject merchandise in the amounts indicated above.
Pursuant to section 705(c)(2) of the Act, if the ITC determines that
material injury, or threat of material injury, does not exist, this
proceeding will be terminated, and all estimated duties deposited, or
securities posted, as a result of the suspension of liquidation will be
refunded or canceled.
ITC Notification
In accordance with section 705(d) of the Act, Commerce will notify
the ITC of its final affirmative determination that countervailable
subsidies are being provided to producers and/or exporters of overhead
door springs from China. Because the final determination is
affirmative, in accordance with section 705(b) 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.
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 pursuant to sections
705(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:
<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
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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 Determination of Critical Circumstances
IV. Subsidies Valuation Information
V. Use of Facts Otherwise Available and Application of Adverse
Inferences
VI. Analysis of Programs
VII. Discussion of Comments
Comment 1: Whether To Apply Total AFA to Tianjin Wangxia
Comment 2: Whether To Apply a Total AFA Subsidy Rate Starting
From the Date of the Preliminary Determination
Comment 3: Whether To Rely on Ship Manifest Data Rather Than
Trade Data Monitor Import Statistics for the Final Critical
Circumstances Determination
VIII. Recommendation
[FR Doc. 2025-15525 Filed 8-14-25; 8:45 am]
BILLING CODE 3510-DS-P
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