Fiberglass Door Panels From the People's Republic of China: Preliminary Affirmative Countervailing Duty Determination and Alignment of Final Determination With Final Antidumping Duty Determination
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Issuing agencies
Abstract
The U.S. Department of Commerce (Commerce) preliminarily determines that countervailable subsidies are being provided to producers and exporters of fiberglass door panels from the People's Republic of China (China). The period of investigation is January 1, 2024, through December 31, 2024. Interested parties are invited to comment on this preliminary determination.
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<title>Federal Register, Volume 90 Issue 160 (Thursday, August 21, 2025)</title>
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[Federal Register Volume 90, Number 160 (Thursday, August 21, 2025)]
[Notices]
[Pages 40818-40821]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-16043]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-570-210]
Fiberglass Door Panels From the People's Republic of China:
Preliminary Affirmative Countervailing Duty Determination and Alignment
of Final Determination With Final Antidumping Duty Determination
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily
determines that countervailable subsidies are being provided to
producers and exporters of fiberglass door panels from the People's
Republic of China (China). The period of investigation is January 1,
2024, through December 31, 2024. Interested parties are invited to
comment on this preliminary determination.
DATES: Applicable August 21, 2025.
FOR FURTHER INFORMATION CONTACT: Samuel Brummitt or T.J. Worthington,
AD/CVD Operations, Office III, Enforcement and Compliance,
International Trade Administration, U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-7851
or (202) 482-4567, respectively.
SUPPLEMENTARY INFORMATION:
Background
This preliminary determination is made in accordance with section
703(b) of the Tariff Act of 1930, as amended (the Act). Commerce
published the notice of initiation of this investigation on April 15,
2025.\1\ On May 29, 2025, Commerce postponed the preliminary
determination of this investigation and the revised deadline is now
August 18, 2025.\2\ For a complete description of the events that
followed the initiation of this investigation, see the Preliminary
Decision Memorandum.\3\ A list of topics discussed 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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\1\ See Fiberglass Door Panels from the People's Republic of
China: Initiation of Countervailing Duty Investigation, 90 FR 15692
(April 15, 2025) (Initiation Notice).
\2\ See Fiberglass Door Panels from the People's Republic of
China: Postponement of Preliminary Determination in the Duty
Investigation, 90 FR 22704 (May 29, 2025).
\3\ See Memorandum, ``Decision Memorandum for the Preliminary
Affirmative Determination of the Countervailing Duty Investigation
of Fiberglass Door Panels 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 product covered by this investigation is fiberglass door panels
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. Commerce intends to issue its preliminary
decision regarding comments concerning the scope of the less-than-fair-
value (LTFV) and countervailing duty (CVD) investigations in the
preliminary determination of the companion LTFV investigation. We will
incorporate the scope decision from the LTFV investigation into the
scope of the final CVD determination for this investigation after
considering any relevant comments submitted in scope case and rebuttal
briefs.\6\
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\4\ See Antidumping Duties; Countervailing Duties, Final Rule,
62 FR 27296, 27323 (May 19, 1997).
\5\ See Initiation Notice, 90 FR at 15693.
\6\ The deadline for interested parties to submit scope case and
rebuttal briefs will be established in the preliminary scope
decision memorandum accompanying preliminary determination of the
LTFV investigation.
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Methodology
Commerce is conducting this investigation in accordance with
section 701 of the Act. For each of the subsidy programs found
countervailable, Commerce preliminarily determines that there is a
subsidy, i.e., a financial contribution by an ``authority'' that gives
rise to a benefit to the recipient, and that the subsidy is
specific.\7\ For a full description of the methodology underlying our
preliminary determination, see the Preliminary Decision Memorandum.
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\7\ 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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Commerce notes that, in making these findings, it relied, in part,
on facts
[[Page 40819]]
available and, because it finds that certain respondents did not act to
the best of their ability to respond to Commerce's requests for
information, it drew an adverse inference, where appropriate, in
selecting from among the facts otherwise available.\8\ For further
information, see the ``Use of Facts Otherwise Available and Adverse
Inferences'' section in the Preliminary Decision Memorandum.
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\8\ See sections 776(a) and (b) of the Act.
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Alignment
As noted in the Preliminary Decision Memorandum, in accordance with
section 705(a)(1) of the Act and 19 CFR 351.210(b)(4), Commerce is
aligning the final CVD determination in this investigation with the
final determination in the companion LTFV investigation of fiberglass
door panels from China based on a request made by the petitioner.\9\
Consequently, the final CVD determination will be issued on the same
date as the final LTFV determination, which is currently scheduled to
be issued no later than December 30, 2025, unless postponed.
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\9\ See Petitioner's Letter, ``Request to Align Countervailing
Duty Investigation Final Determination with Antidumping Duty
Investigation Final Determination,'' dated August 13, 2025.
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All-Others Rate
Sections 703(d) and 705(c)(5)(A) of the Act provide that in the
preliminary determination, 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 based entirely on facts otherwise available, Commerce may
use any reasonable method to establish the estimated subsidy rate for
all other producers or exporters. In this investigation, Commerce
calculated individual estimated countervailable subsidy rates for
Dalian Capstone Engineering Co., Ltd. (Dalian Capstone) and Jiangxi
Fangda Tech Co., Ltd. (Jiangxi Fangda) that are not zero, de minimis,
or based entirely on facts otherwise available. Commerce calculated the
all-others rate using a weighted average of the individual estimated
subsidy rates calculated for the examined respondents using each
company's publicly-ranged values for the merchandise under
consideration.\10\
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\10\ With two respondents under examination, Commerce normally
calculates: (A) a weighted-average of the estimated subsidy rates
calculated for the examined respondents; (B) a simple average of the
estimated subsidy rates calculated for the examined respondents; and
(C) a weighted-average of the estimated subsidy rates calculated for
the examined respondents using each company's publicly-ranged U.S.
sale values for the merchandise under consideration. Commerce then
compares (B) and (C) to (A) and selects the rate closest to (A) as
the most appropriate rate for all other producers and exporters.
See, e.g., Ball Bearings and Parts Thereof from France, Germany,
Italy, Japan, and the United Kingdom: Final Results of Antidumping
Duty Administrative Reviews, Final Results of Changed-Circumstances
Review, and Revocation of an Order in Part, 75 FR 53661, 53662
(September 1, 2010), and accompanying Issues and Decision Memorandum
at Comment 1. As complete, publicly-ranged sales data were
available, Commerce based the all-others rate on the publicly-ranged
sales data of the mandatory respondents. For a complete analysis of
the data, see the All-Others Rate Calculation Memorandum.
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Rate for Non-Responsive Companies
Six exporters and/or producers of fiberglass door panels from China
failed to provide responses to Commerce's quantity and value
questionnaire. We find that, by not responding to Commerce's requests
for information, each of these companies withheld requested information
and significantly impeded this proceeding. Thus, in reaching our
preliminary determination, pursuant to sections 776(a)(2)(A) and (C) of
the Act, we are basing the subsidy rate for the non-responsive
companies on facts otherwise available.\11\
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\11\ These companies are: (1) Kits Glass (China) Limited; (2)
Hebei Charlotte Enterprise Co., Ltd.; (3) Lily Industries Co., Ltd.;
(4) Shanghai Unikey International Trading Co., Ltd.; (5) Zhejiang
Kuchuan Door Co., Ltd; and (6) Zhenshi Group Huamei New Materials Co
Ltd.
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We further preliminarily determine that an adverse inference is
warranted, pursuant to section 776(b) of the Act. By failing to submit
responses to Commerce's questionnaires, the non-responsive companies
did not cooperate to the best of their ability in this investigation.
Accordingly, we preliminarily find that an adverse inference is
warranted to ensure that the non-responsive companies will not obtain a
more favorable result than had they fully complied with our requests
for information. For more information on the application of adverse
facts available to the non-responsive companies, see the ``Use of Facts
Otherwise Available and Adverse Inferences'' section in the Preliminary
Determination Memorandum.
Preliminary Determination
Commerce preliminarily determines that the following estimated
countervailable subsidy rates exist:
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\12\ As discussed in the Preliminary Decision Memorandum,
Commerce has found the following company to be cross-owned with
Dalian Capstone: Qinhuangdao Entrylite Co., Ltd.
\13\ As discussed in the Preliminary Decision Memorandum,
Commerce has found the following companies to be cross-owned with
Jiangxi Fangda: Jiangxi Hangda Tech Co., Ltd.; Jiangxi Onda Tech
Co., Ltd.; and one affiliate whose name is business proprietary. See
the Jiangxi Fangda proprietary preliminary calculation memorandum.
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Subsidy rate
Company (percent ad
valorem)
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Dalian Capstone Engineering Co., Ltd.\12\................. 71.37
Jiangxi Fangda Tech Co., Ltd.\13\......................... 59.17
Kits Glass (China) Limited................................ * 921.42
Hebei Charlotte Enterprise Co., Ltd....................... * 921.42
Lily Industries Co., Ltd.................................. * 921.42
Shanghai Unikey International Trading Co., Ltd............ * 921.42
Zhejiang Kuchuan Door Co., Ltd............................ * 921.42
Zhenshi Group Huamei New Materials Co Ltd................. * 921.42
All Others................................................ 62.55
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\*\ Rate is based on facts available with adverse inferences.
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Suspension of Liquidation
In accordance with section 703(d)(1)(B) and (d)(2) of the Act,
Commerce will direct U.S. Customs and Border Protection (CBP) to
suspend liquidation of entries of fiberglass door panels, 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. Further, pursuant to 19 CFR 351.205(d),
Commerce will instruct CBP to require a cash deposit equal to the rates
indicated above.
Disclosure
Commerce intends to disclose its calculations and analysis
performed to interested parties in this preliminary determination
within five days of its public announcement, or if there is no public
announcement, within five days of the date 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
All interested parties will have the opportunity to submit scope
case and rebuttal briefs on the preliminary decision regarding the
scope of the LTFV and CVD investigations. The deadlines to submit scope
case and rebuttal briefs will be provided in the preliminary scope
decision memorandum accompanying the preliminary determination of the
LTFV investigation. For all scope case and rebuttal briefs, parties
must file identical documents simultaneously on the records of the
ongoing LTFV and CVD investigations. No new factual information or
business proprietary information may be included in either scope case
or rebuttal briefs.
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. 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 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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\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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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 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.
U.S. International Trade Commission (ITC) Notification
In accordance with section 703(f) of the Act, Commerce will notify
the ITC of its 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 imports of fiberglass door panels from China are
materially injuring, or threaten material injury to, the U.S. industry.
Notification to Interested Parties
This determination is issued and published pursuant to sections
703(f) and 777(i) of the Act, and 19 CFR 351.205(c).
Dated: August 18, 2025.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.
Appendix I
Scope of the Investigation
The merchandise covered by this investigation consists of
fiberglass door panels, including fiberglass sidelites, whether
finished or unfinished, whether assembled or unassembled, whether
pre-hung or included in an entry door system. The subject fiberglass
door panels consist of at least one fiberglass skin, frames
typically made of wood or composite stiles, bottom rails, and top
rails, binding materials, including adhesives or fasteners,
insulation foam, and may be assembled with glass lites (glass that
is ultimately installed in the fiberglass door panel). Fiberglass
sidelites (or ``sidelights'') are typically smaller in width than
fiberglass door panels, and consist of at least one fiberglass skin,
frames typically made of wood or composite stiles, bottom rails, and
top rails, binding materials, including adhesives or fasteners,
insulation foam, and may be assembled with glass lites (glass that
is ultimately installed in the fiberglass sidelite). Subject
merchandise includes fiberglass door panels and sidelites whether
the fiberglass skin surface is painted or unpainted, contains or
does not contain cut-outs for door components, or assembled or
unassembled with glass lites in the door.
Fiberglass door panels and sidelites are covered by the
investigation whether they are imported attached to, or in
conjunction with door components and accessories (including but not
limited to door jambs, door handles, locks, hinges, door stoppers,
door kicks, door thresholds, door sills, and trim), in a pre-hung
door system, or an entry door system. Subject fiberglass door panels
and sidelites are covered whether or not they are accompanied by
other parts. However, if a subject fiberglass door panel or sidelite
is imported in a pre-hung door system or entry door system, only the
fiberglass door panel and sidelite, including when assembled with
glass lites or when the glass lites are shipped with the subject
merchandise for further assembly, are covered by the scope. Door
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components and accessories (including but not limited to transoms,
door jambs, door handles, locks, hinges, door stoppers, door kicks,
door thresholds, door sills, and trim) are not included in the scope
when imported with a fiberglass door panel or sidelite, including
when such components or accessories are assembled to a fiberglass
door panel or sidelite, or when imported separately. Subject
merchandise may be impact-rated to withstand hurricane force wind
loads and may be reinforced with steel sheet or plate. Impact-rated
doors may be certified to Testing Application Standards (TAS) 201/
202/203-94/and American Society for Testing and Materials (ASTM)
E330-02/14/M-14, E1886-05/13a/, or E1996-09/14a.
Subject merchandise may be fire-rated for up to 90 minutes and
may contain flame retardant composites, including, but not limited
to flame retardant foam or mineral core materials, including but not
limited to low density calcium silicate. Fire-rated doors generally
satisfy the National Fire Protection Association (NFPA) 252 Standard
Methods of Fire Tests of Door Assemblies and UL10(b) and (c)-
Standard for Safety-Fire Tests of Door Assemblies.
Subject merchandise also includes fiberglass door panels and
sidelites that have been processed in a third country, including but
not limited to one or more of the following: filling with insulation
foam, trimming, cutting, notching, punching, drilling, painting,
finishing, assembly, or any other processing that would not
otherwise remove the merchandise from the scope of the investigation
if performed in the country of manufacture of the in-scope product.
The inclusion of other parts, such as door components and
accessories (including but not limited to door jambs, door handles,
locks, hinges, door stoppers, door kicks, door thresholds, door
sills, and trim) in a third country does not remove the fiberglass
door panels and sidelites from the scope.
Excluded from the scope of this investigation are all products
covered by the scope of the antidumping duty and countervailing duty
orders on wood mouldings and millwork products from the People's
Republic of China. See Wood Mouldings and Millwork Products from the
People's Republic of China: Amended Final Antidumping Duty
Determination and Antidumping Duty Order, 86 FR 9486 (February 16,
2021); and Wood Mouldings and Millwork Products from the People's
Republic of China: Countervailing Duty Order, 86 FR 9484 (February
16, 2021).
Excluded from the scope of this investigation are all products
covered by the scope of the antidumping duty and countervailing duty
proceedings on float glass products from China. See Float Glass
Products from the People's Republic of China and Malaysia:
Initiation of Less-Than-Fair-Value Investigations, 90 FR 1435
(January 8, 2025); and Float Glass Products from the People's
Republic of China and Malaysia: Initiation of Countervailing Duty
Investigations, 90 FR 1443 (January 8, 2025).
Imports of subject merchandise are classified under Harmonized
Tariff Schedule of the United States (HTSUS) statistical number
3925.20.0010. Subject merchandise may also be classified under
4418.29.4000, 4418.29.8030, 4418.29.8060, or 7019.90.5150. 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. Scope Comments
IV. Injury Test
V. Analysis of China's Financial System
VI. Diversification of China's Economy
VII. Use of Facts Otherwise Available and Adverse Inferences
VIII. Subsidies Valuation
IX. Benchmarks and Interest Rates
X. Analysis of Programs
XI. Calculation of the All-Others Rate
XII. Recommendation
[FR Doc. 2025-16043 Filed 8-20-25; 8:45 am]
BILLING CODE 3510-DS-P
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