Notice2025-24032
Overhead Door Counterbalance Torsion Springs From India: Final Affirmative Countervailing Duty Determination and Final Affirmative Critical Circumstances Determination
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
December 31, 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 India. The period of investigation is January 1, 2023, through December 31, 2023.
Full Text
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<title>Federal Register, Volume 90 Issue 247 (Wednesday, December 31, 2025)</title>
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[Federal Register Volume 90, Number 247 (Wednesday, December 31, 2025)]
[Notices]
[Pages 61369-61372]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-24032]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-533-937]
Overhead Door Counterbalance Torsion Springs From India: Final
Affirmative Countervailing Duty Determination and Final Affirmative
Critical Circumstances Determination
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 India. The period of investigation is January 1, 2023, through
December 31, 2023.
DATES: Applicable December 31, 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 April 3, 2025, Commerce published its Preliminary Determination
in the Federal Register.\1\ In the Preliminary Determination, and in
accordance with section 705(a)(1) of the Tariff Act of 1930, as amended
(the Act), and 19 CFR 351.210(b)(4), Commerce aligned the final
determination of this countervailing duty (CVD) investigation with the
final determination in the companion antidumping duty investigation of
overhead door springs from India.\2\ Due to the lapse in appropriations
and Federal Government shutdown, on November 14, 2025, Commerce tolled
all deadlines in administrative proceedings by 47 days.\3\
Additionally, due to a backlog of documents that were electronically
filed via Enforcement and Compliance's Antidumping and Countervailing
Duty Centralized Electronic Service System (ACCESS) during the Federal
Government shutdown, on November 24, 2025, Commerce tolled all
deadlines in administrative proceedings by an additional 21 days.\4\
Accordingly, the deadline for this final determination is now December
22, 2025.
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\1\ 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.
\2\ Id., 90 FR at 14603.
\3\ See Memorandum, ``Deadlines Affected by the Shutdown of the
Federal Government,'' dated November 14, 2025.
\4\ See Memorandum, ``Tolling of all Case Deadlines,'' dated
November 24, 2025.
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For a complete description of the events that followed the
Preliminary Determination, see the Issues and Decision Memorandum.\5\
The Issues and Decision Memorandum is a public document and is on file
electronically via 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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\5\ See Memorandum, ``Issues and Decision Memorandum for the
Final Affirmative Determination of the Countervailing Duty
Investigation of Overhead Door Counterbalance Torsion Springs from
India,'' dated concurrently with, and hereby adopted by, this notice
(Issues and 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
We received no comments from interested parties on the scope of the
investigation as it appeared in the Preliminary Determination.
Therefore, we made no changes to the scope of the investigation from
that published in the Preliminary Determination for the final
determination.
[[Page 61370]]
Verification
As provided in section 782(i) of the Act, we intended to conduct
verification of the sales and benefit information submitted by Alcomex
Springs Pvt Ltd. (Alcomex) for use in our final determination. However,
because Alcomex withdrew its participation from this investigation
prior to Commerce's verification, Commerce did not conduct
verification.\6\ Thus, as stated above, we drew an adverse inference in
selecting from the facts otherwise available to determine a
countervailable subsidy rate with respect to Alcomex based entirely
under section 776 of the Act. For further information, see the ``Use of
Facts Otherwise Available and Application of Adverse Inferences''
section in the Issues and Decision Memorandum.
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\6\ See Alcomex's Letter, ``Alcomex's Withdrawal of
Participation from Investigation,'' dated May 19, 2025.
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Analysis of Subsidy Programs and Comments Received
The subsidy programs under investigation, and the issues raised in
the case and rebuttal briefs that were submitted by interested parties
in this investigation are addressed in the Issues and Decision
Memorandum. For the list of the issues raised by parties, and to which
we responded in the Issues and Decision Memorandum, see Appendix II to
this notice.
Methodology
Commerce conducted this investigation in accordance with section
701 of the Act. For each of the subsidy programs found countervailable,
Commerce 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 final determination, see the Issues
and Decision Memorandum. In making this final determination, Commerce
relied 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
Issues and Decision Memorandum at Comments 1 and 2.
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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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Use of AFA
Because Alcomex withdrew from participation in this investigation
prior to verification, we determine that Alcomex's data cannot serve as
a reliable basis for reaching a determination in this investigation
because this data could not be verified. We further determine that
Alcomex significantly impeded the investigation and did not act to the
best of its ability to comply with our requests for information.
Therefore, we also find it appropriate to base Alcomex's
countervailable subsidy rate on AFA. For further discussion, see the
Issues and Decision Memorandum.
Changes Since the Preliminary Determination
We made certain changes to the countervailable subsidy rate for
Alcomex, certain non-selected respondents in this investigation, and
all other producers and/or exporters of overhead door springs from
India since the Preliminary Determination and the Preliminary Critical
Circumstances Determination.\8\ For a discussion of these changes, see
the ``Changes Since the Preliminary Determination'' section of the
Issues and Decision Memorandum.
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\8\ See Overhead Door Counterbalance Torsion Springs from India:
Preliminary Affirmative Determination of Critical Circumstances in
the Countervailing Duty Investigation, 90 FR 35660 (July 29, 2025)
(Preliminary Critical Circumstances Determination); see also
Memorandum, ``Preliminary Critical Circumstances Analysis,'' dated
July 24, 2025, at Attachment.
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Final Affirmative Determination of Critical Circumstances
Commerce preliminarily determined, in accordance with section
703(e)(1) of the Act and 19 CFR 351.206(c)(1), that critical
circumstances exist with respect to overhead door springs from India
produced and/or exported by Alcomex, the non-responsive companies,\9\
and all other producers and/or exporters not individually examined.\10\
For this final determination, pursuant to section 705(a)(2) of the Act
and 19 CFR 351.206, we continue to find that critical circumstances
exist for Alcomex, the non-responsive companies, and all other
producers and/or exporters. With respect to finding that critical
circumstances exist for 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, see the Issues and Decision Memorandum.
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\9\ The non-responsive companies are: (1) Asha Spring and
Engineering Company; (2) Balaji Springs Pvt. Ltd.; (3) Modern
Engineering & Spring Company; and (4) Reliable Springs Ltd.
(collectively, non-responsive companies).
\10\ See Preliminary Critical Circumstances Determination.
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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 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 has determined
that the individually estimated subsidy rate for the individually
examined respondent(s) under section 776 of the Act. Thus, this is the
only rate available in this proceeding for deriving the all-others
rate. Consequently, Commerce established the-all others rate by
applying the countervailable subsidy rate assigned to the mandatory
respondent. For a full description of the methodology underlying
Commerce's analysis, see the Issues and Decision Memorandum.
Final Determination
Commerce determines that the following estimated countervailable
subsidy rates exist:
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Subsidy rate
Company (percent ad
valorem)
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Alcomex Springs Pvt Ltd................................. * 172.08
Asha Spring and Engineering Company..................... * 172.08
Balaji Springs Pvt. Ltd................................. * 172.08
Modern Engineering & Spring Company..................... * 172.08
Reliable Springs Ltd.................................... * 172.08
All Others.............................................. * 172.08
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* Rate based on facts available with adverse inferences.
Disclosure
Because Commerce applied AFA to the sole mandatory respondent,
respondents not selected for individual examination, and all-other
producers and/or exporters of subject merchandise in this
investigation, in accordance with section 776 of the Act, there are no
calculations to disclose for this final determination pursuant to 19
CFR 351.224(b).
[[Page 61371]]
Suspension of Liquidation
In accordance with sections 703(d)(1)(B) and (d)(2) and
703(e)(2)(A) of the Act, and pursuant to our Preliminary Critical
Circumstances Determination, Commerce instructed U.S. Customs and
Border Protection (CBP) to collect cash deposits and suspend
liquidation of all entries of overhead door springs from India, as
described in Appendix I of this notice, which were entered or withdrawn
from warehouse for consumption on or after January 3, 2025, 90 days
prior to the date of publication of the Preliminary Determination of
this investigation in the Federal Register. 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, but to continue the
suspension of liquidation of all entries of subject merchandise on or
before July 31, 2025.
If the U.S. International Trade Commission (ITC) issues a final
affirmative injury determination, we will issue a CVD 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, in
accordance with section 706(a) 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 exporters of overhead
door springs from India. Because the final determination is
affirmative, in accordance with section 705(b) of the Act, the ITC will
make its final determination as to whether the domestic industry in the
United States is materially injured, or threatened with material
injury, by reason of imports of molded fiber products from India no
later than 45 days after this final determination. In addition, we are
making available to the ITC all non-privileged and nonproprietary
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 a CVD order directing CBP to assess, upon further instruction by
Commerce, countervailing 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 above in the ``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 pursuant to sections
705(d) and 777(i) of the Act, and 19 CFR 351.210(c).
Dated: December 22, 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,
[[Page 61372]]
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. Diversification of India's Economy
IV. Changes Since the Preliminary Determination
V. Use of Facts Otherwise Available and Application of Adverse
Inferences
VI. Final Determination of Critical Circumstances
VII. Analysis of Programs
VIII. Discussion of the Issues
Comment 1: Commerce Should Apply Total Adverse Facts Available
(AFA) to Alcomex
Comment 2: Whether Commerce Should Apply AFA to the Government
of India
Comment 3: Commerce Incorrectly Determined that Certain Programs
Are Countervailable
Comment 4: Commerce Should Select Alcomex's Preliminary
Countervailable Subsidy Rate as the Rate Assigned to All Other
Producers and/or Exporters in India
IX. Recommendation
[FR Doc. 2025-24032 Filed 12-30-25; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on December 31, 2025.
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