Overhead Door Counterbalance Torsion Springs From the People's Republic of China and India: Initiation of Countervailing Duty Investigations, 92901-92906 [2024-27494]
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Federal Register / Vol. 89, No. 227 / Monday, November 25, 2024 / Notices
requirements pertaining to the service of
documents in 19 CFR 351.303(f).57
This notice is issued and published
pursuant to sections 732(c)(2) and 777(i)
of the Act, and 19 CFR 351.203(c).
Dated: November 18, 2024.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement
and Compliance.
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Appendix
Scope of the Investigations
The merchandise covered by these
investigations 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
these investigations 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:
• wire type (including, but not limited to,
oil-tempered wire, hard-drawn wire, music
wire, galvanized or other coated wire);
• wire cross-sectional shape (e.g., round,
square, or other shapes);
• coating (e.g., uncoated, oil- or waterbased coatings, lubricant coatings, zinc,
aluminum, zinc-aluminum, paint or plastic
coating, etc.);
• winding orientation (left-hand or righthand wind direction);
• 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
• 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 these investigations are produced
57 See Administrative Protective Order, Service,
and Other Procedures in Antidumping and
Countervailing Duty Proceedings, 88 FR 67069
(September 29, 2023).
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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 these
investigations 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 these
investigations unless specifically excluded.
The following products are specifically
excluded from the scope of these
investigations:
• leaf springs (slender arc-shaped length of
spring steel of a rectangular cross-section);
• disc springs (conical springs consisting
of a convex disc with the outer edge working
against the center of the disc);
• 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);
• 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
• spiral springs (torsion springs wound as
concentric spirals such as a clock spring or
mainspring).
The products subject to these
investigations 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-
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operated motors. They may also be classified
in HTSUS subheading 8412.80.1000 (springoperated 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 these investigations is dispositive.
[FR Doc. 2024–27495 Filed 11–22–24; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–570–187, C–533–937]
Overhead Door Counterbalance
Torsion Springs From the People’s
Republic of China and India: Initiation
of Countervailing Duty Investigations
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
AGENCY:
DATES:
Applicable November 18, 2024.
FOR FURTHER INFORMATION CONTACT:
William Horn (the People’s Republic of
China (China)) and Krisha Hill (India),
AD/CVD Operations, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–4868 and (202) 482–4037,
respectively.
SUPPLEMENTARY INFORMATION:
The Petitions
On October 29, 2024, the U.S.
Department of Commerce (Commerce)
received countervailing duty (CVD)
petitions concerning imports of
overhead door counterbalance torsion
springs (overhead door springs) from
China and India filed in proper form on
behalf of IDC Group, Inc., Iowa Spring
Manufacturing, Inc., and Service Spring
Corp. (collectively, the petitioners), U.S.
producers of overhead door springs.1
The CVD Petitions were accompanied
by antidumping duty (AD) petitions
concerning imports of overhead door
springs from China and India.2
Between October 30 and November
15, 2024, Commerce requested
supplemental information pertaining to
certain aspects of the Petitions.3
1 See Petitioners’ Letter, ‘‘Petitions for the
Imposition of Antidumping and Countervailing
Duties,’’ dated October 29, 2024 (Petitions).
2 Id.
3 See Commerce’s Letters, ‘‘Supplemental
Questions,’’ dated November 1, 2024 (General
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Federal Register / Vol. 89, No. 227 / Monday, November 25, 2024 / Notices
Between November 4 and 15, 2024, the
petitioners filed timely responses to
these requests for additional
information.4
In accordance with section 702(b)(1)
of the Tariff Act of 1930, as amended
(the Act), the petitioners allege that the
Government of China (GOC) and the
Government of India (GOI) (collectively,
Governments) are providing
countervailable subsidies, within the
meaning of sections 701 and 771(5) of
the Act, to producers of overhead door
springs from China and India and that
such imports are materially injuring, or
threatening material injury to, the
domestic industry producing overhead
door springs in the United States.
Consistent with section 702(b)(1) of the
Act and 19 CFR 351.202(b), for those
alleged programs on which we are
initiating CVD investigations, the
Petitions were accompanied by
information reasonably available to the
petitioners supporting their allegations.
Commerce finds that the petitioners
filed the Petitions on behalf of the
domestic industry because the
petitioners are interested parties, as
defined in section 771(9)(C) of the Act.
Commerce also finds that the petitioners
demonstrated sufficient industry
support with respect to the initiation of
the requested CVD investigations.5
Periods of Investigation
Because the Petitions were filed on
October 29, 2024, the periods of
investigation for the China and India
CVD investigations are January 1, 2023,
through December 31, 2023.6
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Scope of the Investigations
The products covered by these
investigations are overhead door springs
from China and India. For a full
description of the scope of these
investigations, see the appendix to this
notice.
Issues Questionnaire), see also Country-Specific
CVD Supplemental Questionnaires: China
Supplemental and India Supplemental, dated
October 30, 2024, and November 4, 2024; and
Memorandum, ‘‘Phone Call,’’ dated November 15,
2024 (November 15, 2024, Memorandum).
4 See Petitioners’ Letters, ‘‘Petitioners’
Supplement to Volume I of the Petition for the
Imposition of Antidumping and Countervailing
duties on Imports from China and India,’’ dated
November 7, 2024 (General Issues Supplement); see
also Country-Specific CVD Supplemental
Responses: China CVD Supplement and India CVD
Supplement, dated November 4, 2024, and
November 7, 2024; and Petitioners’ Letter,
‘‘Petitioners’ Amendment to the Scope of the
Petition for the Imposition of Antidumping and
Countervailing Duties on Imports from China and
India,’’ dated November 15, 2024 (Scope
Supplement).
5 See section on ‘‘Determination of Industry
Support for the Petitions,’’ infra.
6 See 19 CFR 351.204(b)(2).
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Comments on the Scope of the
Investigations
On November 1 and 15, 2024,
Commerce requested information and
clarification from the petitioner
regarding the proposed scope to ensure
that the scope language in the Petitions
is an accurate reflection of the products
for which the domestic industry is
seeking relief.7 On November 7 and 15,
2024, the petitioners provided
clarifications and revised the scope.8
The description of merchandise covered
by these investigations, as described in
the appendix to this notice, reflects
these clarifications.
As discussed in the Preamble to
Commerce’s regulations, we are setting
aside a period for interested parties to
raise issues regarding product coverage
(i.e., scope).9 Commerce will consider
all comments received from interested
parties and, if necessary, will consult
with interested parties prior to the
issuance of the preliminary
determinations. If scope comments
include factual information, all such
factual information should be limited to
public information.10 To facilitate
preparation of its questionnaires,
Commerce requests that scope
comments be submitted by 5:00 p.m.
Eastern Time (ET) on December 9, 2024,
which is the next business day after 20
calendar days from the signature date of
this notice.11 Any rebuttal comments,
which may include factual information,
must be filed by 5:00 p.m. ET on
December 19, 2024, which is 10
calendar days from the initial comment
deadline.
Commerce requests that any factual
information that parties consider
relevant to the scope of the
investigations be submitted during that
time period. However, if a party
subsequently finds that additional
factual information pertaining to the
scope of the investigations may be
relevant, the party must contact
Commerce and request permission to
submit the additional information. All
7 See General Issues Questionnaire; see also
November 15, 2024, Memorandum.
8 See General Issues Supplement at 3–18; see also
Scope Supplement at 2 and Attachment.
9 See Antidumping Duties; Countervailing Duties;
Final Rule, 62 FR 27296, 27323 (May 19, 1997)
(Preamble).
10 See 19 CFR 351.102(b)(21) (defining ‘‘factual
information’’).
11 See 19 CFR 351.303(b)(1). The deadline for
scope comments falls on December 8, 2024, which
is a Sunday. In accordance with 19 CFR
351.303(b)(1), Commerce will accept comments
filed by 5:00 p.m. ET on December 9, 2024 (‘‘For
both electronically filed and manually filed
documents, if the applicable due date falls on a
non-business day, the Secretary will accept
documents that are filed on the next business
day.’’).
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scope comments must be filed
simultaneously on the records of the
concurrent AD and CVD investigations.
Filing Requirements
All submissions to Commerce must be
filed electronically via Enforcement and
Compliance’s Antidumping Duty and
Countervailing Duty Centralized
Electronic Service System (ACCESS),
unless an exception applies.12 An
electronically filed document must be
received successfully in its entirety by
the time and date it is due.
Consultations
Pursuant to sections 702(b)(4)(A)(i)
and (ii) of the Act, Commerce notified
the Governments of the receipt of the
Petitions and provided an opportunity
for consultations with respect to the
Petitions.13 The GOC and the GOI did
not request consultations.
Determination of Industry Support for
the Petitions
Section 702(b)(1) of the Act requires
that a petition be filed on behalf of the
domestic industry. Section 702(c)(4)(A)
of the Act provides that a petition meets
this requirement if the domestic
producers or workers who support the
petition account for: (i) at least 25
percent of the total production of the
domestic like product; and (ii) more
than 50 percent of the production of the
domestic like product produced by that
portion of the industry expressing
support for, or opposition to, the
petition. Moreover, section 702(c)(4)(D)
of the Act provides that, if the petition
does not establish support of domestic
producers or workers accounting for
more than 50 percent of the total
production of the domestic like product,
Commerce shall: (i) poll the industry or
rely on other information in order to
determine if there is support for the
petition, as required by subparagraph
(A); or (ii) determine industry support
using a statistically valid sampling
method to poll the ‘‘industry.’’
Section 771(4)(A) of the Act defines
the ‘‘industry’’ as the producers as a
whole of a domestic like product. Thus,
to determine whether a petition has the
12 See Antidumping and Countervailing Duty
Proceedings: Electronic Filing Procedures;
Administrative Protective Order Procedures, 76 FR
39263 (July 6, 2011); see also Enforcement and
Compliance; Change of Electronic Filing System
Name, 79 FR 69046 (November 20, 2014), for details
of Commerce’s electronic filing requirements,
effective August 5, 2011. Information on using
ACCESS can be found at https://access.trade.gov/
help.aspx and a handbook can be found at https://
access.trade.gov/help/Handbook_on_Electronic_
Filing_Procedures.pdf.
13 See Commerce’s Letters, ‘‘Invitation for
Consultation to Discuss the Countervailing Duty
Petition,’’ dated October 31, 2024.
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requisite industry support, the statute
directs Commerce to look to producers
and workers who produce the domestic
like product. The U.S. International
Trade Commission (ITC), which is
responsible for determining whether
‘‘the domestic industry’’ has been
injured, must also determine what
constitutes a domestic like product in
order to define the industry. While both
Commerce and the ITC apply the same
statutory definition regarding the
domestic like product,14 they do so for
different purposes and pursuant to a
separate and distinct authority. In
addition, Commerce’s determination is
subject to limitations of time and
information. Although this may result in
different definitions of the like product,
such differences do not render the
decision of either agency contrary to
law.15
Section 771(10) of the Act defines the
domestic like product as ‘‘a product
which is like, or in the absence of like,
most similar in characteristics and uses
with, the article subject to an
investigation under this title.’’ Thus, the
reference point from which the
domestic like product analysis begins is
‘‘the article subject to an investigation’’
(i.e., the class or kind of merchandise to
be investigated, which normally will be
the scope as defined in the petition).
With regard to the domestic like
product, the petitioners do not offer a
definition of the domestic like product
distinct from the scope of the
investigations.16 Based on our analysis
of the information submitted on the
record, we have determined that
overhead door springs, as defined in the
scope, constitute a single domestic like
product, and we have analyzed industry
support in terms of that domestic like
product.17
In determining whether the
petitioners have standing under section
702(c)(4)(A) of the Act, we considered
14 See
section 771(10) of the Act.
USEC, Inc. v. United States, 132 F. Supp.
2d 1, 8 (CIT 2001) (citing Algoma Steel Corp., Ltd.
v. United States, 688 F. Supp. 639, 644 (CIT 1988),
aff’d Algoma Steel Corp., Ltd. v. United States, 865
F.2d 240 (Fed. Cir. 1989)).
16 For a discussion of the domestic like product
analysis as applied to these cases and information
regarding industry support, see Checklists,
‘‘Countervailing Duty Investigation Initiation
Checklists: Overhead Door Counterbalance Torsion
Springs from the People’s Republic of China and
India,’’ dated concurrently with, and hereby
adopted by, this notice (Country-Specific CVD
Initiation Checklists), at Attachment II, Analysis of
Industry Support for the Antidumping and
Countervailing Duty Petitions Covering Overhead
Door Counterbalance Torsion Springs from the
People’s Republic of China and India (Attachment
II). These checklists are on file electronically via
ACCESS.
17 See Attachment II of the Country-Specific CVD
Initiation Checklists.
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15 See
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the industry support data contained in
the Petitions with reference to the
domestic like product as defined in the
‘‘Scope of the Investigations,’’ in the
appendix to this notice. To establish
industry support, the petitioners
provided their own production of the
domestic like product in 2023 and
compared this to the estimated total
2023 production of the domestic like
product for the entire industry.18 We
relied on data provided by the
petitioners for purposes of measuring
industry support.19
Our review of the data provided in the
Petitions, the General Issues
Supplement, and other information
readily available to Commerce indicates
that the petitioners have established
industry support for the Petitions.20
First, the Petitions established support
from domestic producers (or workers)
accounting for more than 50 percent of
the total production of the domestic like
product and, as such, Commerce is not
required to take further action in order
to evaluate industry support (e.g.,
polling).21 Second, the domestic
producers (or workers) have met the
statutory criteria for industry support
under section 702(c)(4)(A)(i) of the Act
because the domestic producers (or
workers) who support the Petitions
account for at least 25 percent of the
total production of the domestic like
product.22 Finally, the domestic
producers (or workers) have met the
statutory criteria for industry support
under section 702(c)(4)(A)(ii) of the Act
because the domestic producers (or
workers) who support the Petitions
account for more than 50 percent of the
production of the domestic like product
produced by that portion of the industry
expressing support for, or opposition to,
the Petitions.23 Accordingly, Commerce
determines that the Petitions were filed
on behalf of the domestic industry
within the meaning of section 702(b)(1)
of the Act.24
Injury Test
Because China and India are
‘‘Subsidies Agreement Countries’’
within the meaning of section 701(b) of
the Act, section 701(a)(2) of the Act
applies to these investigations.
Accordingly, the ITC must determine
whether imports of the subject
18 Id.
19 For further discussion, see Attachment II of the
Country-Specific CVD Initiation Checklists.
20 For further discussion, see Attachment II of the
Country-Specific CVD Initiation Checklists.
21 Id.; see also section 702(c)(4)(D) of the Act.
22 See Attachment II of the Country-Specific CVD
Initiation Checklists.
23 Id.
24 Id.
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merchandise from China and/or India
materially injure, or threaten material
injury to, a U.S. industry.
Allegations and Evidence of Material
Injury and Causation
The petitioners allege that imports of
the subject merchandise are benefiting
from countervailable subsidies and that
such imports are causing, or threaten to
cause, material injury to the U.S.
industry producing the domestic like
product. In addition, the petitioners
allege that subject imports from China
and India exceed the negligibility
threshold provided for under section
771(24)(A) of the Act.25
The petitioners contend that the
industry’s injured condition is
illustrated by the significant and
increasing volume of subject imports;
reduced market share; underselling and
price depression and/or suppression;
lost sales and revenues; and decline in
the domestic industry’s production,
shipments, and financial performance.26
We assessed the allegations and
supporting evidence regarding material
injury, threat of material injury,
causation, cumulation, as well as
negligibility, and we have determined
that these allegations are properly
supported by adequate evidence and
meet the statutory requirements for
initiation.27
Initiation of CVD Investigations
Based upon the examination of the
Petitions and supplemental responses,
we find that they meet the requirements
of section 702 of the Act. Therefore, we
are initiating CVD investigations to
determine whether imports of overhead
door springs from China and India
benefit from countervailable subsidies
conferred by the GOC and GOI,
respectively. In accordance with section
703(b)(1) of the Act and 19 CFR
351.205(b)(1), unless postponed, we will
make our preliminary determinations no
later than 65 days after the date of these
initiations.
China
Based on our review of the Petitions,
we find that there is sufficient
information to initiate a CVD
investigation on 16 of the 16 programs
alleged by the petitioners. For a full
25 For further information regarding negligibility
and the injury allegation, see Country-Specific CVD
Initiation Checklists at Attachment III, Analysis of
Allegations and Evidence of Material Injury and
Causation for the Antidumping and Countervailing
Duty Petitions Covering Overhead Door
Counterbalance Torsion Springs from the People’s
Republic of China and India (Attachment III).
26 See Attachment III of the Country-Specific CVD
Initiation Checklists.
27 Id.
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discussion of the basis for our decision
to initiate on each program, see the
China CVD Initiation Checklist. A
public version of the initiation checklist
for this investigation is available on
ACCESS.
India
Based on our review of the Petitions,
we find that there is sufficient
information to initiate a CVD
investigation on 24 of the 31 programs
alleged by the petitioners. For a full
discussion of the basis for our decision
to initiate on each program, see the
India CVD Initiation Checklist. A public
version of the initiation checklist for
this investigation is available on
ACCESS.
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Respondent Selection
China and India
In the Petitions, the petitioners
identified 80 companies in China and
eight companies in India as producers/
exporters of overhead door springs.28
Commerce intends to follow its standard
practice in CVD investigations and
calculate company-specific subsidy
rates in these investigations. In the
event that Commerce determines that
the number of companies is large and it
cannot individually examine each
company based on Commerce’s
resources, Commerce normally selects
mandatory respondents in CVD
investigations using U.S. Customs and
Border Protection (CBP) entry data for
U.S. imports under the appropriate
Harmonized Tariff Schedule of the
United States (HTSUS) subheading(s)
listed in the ‘‘Scope of the
Investigations’’ in the appendix.
However, for these investigations, the
main HTSUS subheadings under which
the subject merchandise would enter
(7320.20.5020, 7320.20.5045, and
7320.20.5060) are not limited to subject
merchandise and therefore may also
cover non-subject merchandise.
Therefore, we cannot rely on CBP entry
data in selecting respondents.
Notwithstanding the decision to rely on
quantity and value (Q&V)
questionnaires for respondent selection,
due to the number of Chinese producers
and/or exporters identified in the
Petitions, Commerce has determined to
limit the number of Q&V questionnaires
that it will issue to Chinese producers
and/or exporters based on CBP data for
overhead door springs from China
during the POI under the appropriate
HTSUS subheadings listed in the
‘‘Scope of the Investigations,’’ in the
appendix.29 Accordingly, for China,
Commerce will issue Q&V
questionnaires to the largest producers
and/or exporters that are identified in
the CBP entry data for which there is
complete address information on the
record. For India, because there are
eight companies identified, Commerce
will issue Q&V questionnaires to each
producer and/or exporter in India for
which there is complete address
information on the record.
Commerce will also post the Q&V
questionnaire along with filing
instructions on Commerce’s website at
https://www.trade.gov/ec-adcvd-caseannouncements. Producers/exporters of
overhead door springs from China and
India that do not receive Q&V
questionnaires may still submit a
response to the Q&V questionnaire and
can obtain a copy of the Q&V
questionnaire from Commerce’s website.
Responses to the Q&V questionnaire
must be submitted by the relevant
Chinese and Indian producers/exporters
no later than 5:00 p.m. ET on December
2, 2024, which is two weeks from the
signature date of this notice.30 All Q&V
questionnaire responses must be filed
electronically via ACCESS. An
electronically filed document must be
received successfully, in its entirety, by
ACCESS no later than 5:00 p.m. ET on
the deadline noted above.
Interested parties must submit
applications for disclosure under
administrative protective order (APO) in
accordance with 19 CFR 351.305(b).
Instructions for filing such applications
may be found on Commerce’s website at
https://www.trade.gov/administrativeprotective-orders.
Distribution of Copies of the Petitions
In accordance with section
702(b)(4)(A) of the Act and 19 CFR
351.202(f), a copy of the public version
of the Petitions has been provided to the
GOC and GOI via ACCESS. To the
extent practicable, we will attempt to
provide a copy of the public version of
the Petitions to each exporter named in
the Petitions, as provided under 19 CFR
351.203(c)(2).
ITC Notification
Commerce will notify the ITC of its
initiation, as required by section 702(d)
of the Act.
Preliminary Determinations by the ITC
The ITC will preliminarily determine,
within 45 days after the date on which
the Petitions were filed, whether there
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Submission of Factual Information
Factual information is defined in 19
CFR 351.102(b)(21) as: (i) evidence
submitted in response to questionnaires;
(ii) evidence submitted in support of
allegations; (iii) publicly available
information to value factors of
production under 19 CFR 351.408(c) or
to measure the adequacy of
remuneration under 19 CFR
351.511(a)(2); (iv) evidence placed on
the record by Commerce; and (v)
evidence other than factual information
described in (i)–(iv). Section 351.301(b)
of Commerce’s regulations requires any
party, when submitting factual
information, to specify under which
subsection of 19 CFR 351.102(b)(21) the
information is being submitted 33 and, if
the information is submitted to rebut,
clarify, or correct factual information
already on the record, to provide an
explanation identifying the information
already on the record that the factual
information seeks to rebut, clarify, or
correct.34 Time limits for the
submission of factual information are
addressed in 19 CFR 351.301, which
provides specific time limits based on
the type of factual information being
submitted. Interested parties should
review the regulations prior to
submitting factual information in these
investigations.
Extensions of Time Limits
Parties may request an extension of
time limits before the expiration of a
time limit established under 19 CFR
351.301, or as otherwise specified by
Commerce. In general, an extension
request will be considered untimely if it
is filed after the expiration of the time
limit established under 19 CFR 351.301,
or as otherwise specified by
Commerce.35 For submissions that are
due from multiple parties
simultaneously, an extension request
will be considered untimely if it is filed
after 10:00 a.m. ET on the due date.
Under certain circumstances, Commerce
31 See
29 See
28 See Petitions at Volume I (page 30 and Exhibit
I–46); see also General Issues Supplement at 1 and
Exhibit I–46 (Revised).
is a reasonable indication that imports
of overhead door springs from China
and/or India are materially injuring, or
threatening material injury to, a U.S.
industry.31 A negative ITC
determination for any country will
result in the investigation being
terminated with respect to that
country.32 Otherwise, these CVD
investigations will proceed according to
statutory and regulatory time limits.
Memorandum, ‘‘Release of U.S. Customs
and Border Protection Entry Data,’’ dated November
15, 2024.
30 See 19 CFR 351.303(b)(1).
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section 703(a)(1) of the Act.
32 Id.
33 See
19 CFR 351.301(b).
19 CFR 351.301(b)(2).
35 See 19 CFR 351.302.
34 See
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Federal Register / Vol. 89, No. 227 / Monday, November 25, 2024 / Notices
may elect to specify a different time
limit by which extension requests will
be considered untimely for submissions
which are due from multiple parties
simultaneously. In such a case, we will
inform parties in a letter or
memorandum of the deadline (including
a specified time) by which extension
requests must be filed to be considered
timely. An extension request must be
made in a separate, standalone
submission; under limited
circumstances we will grant untimely
filed requests for the extension of time
limits, where we determine, based on 19
CFR 351.302, that extraordinary
circumstances exist. Parties should
review Commerce’s regulations
concerning the extension of time limits
and the Time Limits Final Rule prior to
submitting factual information in these
investigations.36
Certification Requirements
Any party submitting factual
information in an AD or CVD
proceeding must certify to the accuracy
and completeness of that information.37
Parties must use the certification
formats provided in 19 CFR
351.303(g).38 Commerce intends to
reject factual submissions if the
submitting party does not comply with
the applicable certification
requirements.
Notification to Interested Parties
khammond on DSK9W7S144PROD with NOTICES
Interested parties must submit
applications for disclosure under APO
in accordance with 19 CFR 351.305.
Parties wishing to participate in these
investigations should ensure that they
meet the requirements of 19 CFR
351.103(d) (e.g., by filing the required
letters of appearance). Note that
Commerce has amended certain of its
requirements pertaining to the service of
documents in 19 CFR 351.303(f).39
This notice is issued and published
pursuant to sections 702 and 777(i) of
the Act, and 19 CFR 351.203(c).
36 See 19 CFR 351.301; see also Extension of Time
Limits; Final Rule, 78 FR 57790 (September 20,
2013) (Time Limits Final Rule), available at https://
www.gpo.gov/fdsys/pkg/FR-2013-09-20/html/201322853.htm.
37 See section 782(b) of the Act.
38 See Certification of Factual Information to
Import Administration During Antidumping and
Countervailing Duty Proceedings, 78 FR 42678 (July
17, 2013) (Final Rule); see also frequently asked
questions regarding the Final Rule, available at
https://enforcement.trade.gov/tlei/notices/factual_
info_final_rule_FAQ_07172013.pdf.
39 See Administrative Protective Order, Service,
and Other Procedures in Antidumping and
Countervailing Duty Proceedings, 88 FR 67069
(September 29, 2023).
VerDate Sep<11>2014
18:29 Nov 22, 2024
Jkt 265001
Dated: November 18, 2024.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement
and Compliance.
Appendix
Scope of the Investigations
The merchandise covered by these
investigations 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
these investigations 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:
• wire type (including, but not limited to,
oil-tempered wire, hard-drawn wire, music
wire, galvanized or other coated wire);
• wire cross-sectional shape (e.g., round,
square, or other shapes);
• coating (e.g., uncoated, oil- or waterbased coatings, lubricant coatings, zinc,
aluminum, zinc-aluminum, paint or plastic
coating, etc.);
• winding orientation (left-hand or righthand wind direction);
• 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
• 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 these investigations 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
PO 00000
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Fmt 4703
Sfmt 4703
92905
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 these
investigations 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 these
investigations unless specifically excluded.
The following products are specifically
excluded from the scope of these
investigations:
• leaf springs (slender arc-shaped length of
spring steel of a rectangular cross-section);
• disc springs (conical springs consisting
of a convex disc with the outer edge working
against the center of the disc);
• 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);
• 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
• spiral springs (torsion springs wound as
concentric spirals such as a clock spring or
mainspring).
The products subject to these
investigations 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 springoperated motors. They may also be classified
in HTSUS subheading 8412.80.1000 (springoperated 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
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92906
Federal Register / Vol. 89, No. 227 / Monday, November 25, 2024 / Notices
purposes, the written description of the
scope of these investigations is dispositive.
[FR Doc. 2024–27494 Filed 11–22–24; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
National Institute of Standards and
Technology
National Artificial Intelligence Advisory
Committee
National Institute of Standards
and Technology, Department of
Commerce.
ACTION: Notice of open meeting.
AGENCY:
The National Institute of
Standards and Technology (NIST)
announces that the National Artificial
Intelligence Advisory Committee
(NAIAC or Committee) will meet
virtually via web conference on
December 12, 2024, from 2:00 p.m.–3:00
p.m. Eastern time. The primary purpose
of this meeting is for the Committee to
report working group findings, identify
actionable recommendations, and
receive public briefings. The final
agenda will be posted on the NIST
website at https://www.nist.gov/itl/
national-artificial-intelligence-advisorycommittee-naiac.
DATES: The NAIAC will meet on
Thursday, December 12, 2024, from 2:00
p.m.–3:00 p.m. Eastern Time.
ADDRESSES: The meeting will be held
virtually via web conference. Please
note participation instructions under
the SUPPLEMENTARY INFORMATION section
of this notice.
FOR FURTHER INFORMATION CONTACT:
Cheryl L. Gendron, Designated Federal
Officer, Information Technology
Laboratory, National Institute of
Standards and Technology, Telephone:
(301) 975–2785, Email address:
cheryl.gendron@nist.gov. Please direct
any inquiries to the committee at
naiac@nist.gov.
SUPPLEMENTARY INFORMATION: Pursuant
to the Federal Advisory Committee Act,
as amended, 5 U.S.C. 1001 et seq.,
notice is hereby given that the NAIAC
will meet virtually as set forth in the
DATES section of this notice. The
meeting will be open to the public.
The NAIAC is authorized by Section
5104 of the National Artificial
Intelligence Initiative Act of 2020 (Pub.
L. 116–283), in accordance with the
provisions of the Federal Advisory
Committee Act, as amended (FACA), 5
U.S.C. 1001 et seq. The Committee
advises the President and the National
Artificial Intelligence Initiative Office
on matters related to the National
khammond on DSK9W7S144PROD with NOTICES
SUMMARY:
VerDate Sep<11>2014
18:29 Nov 22, 2024
Jkt 265001
Artificial Intelligence Initiative.
Additional information on the NAIAC is
available at ai.gov/naiac/.
The primary purpose of this meeting
is for the Committee to report working
group findings, identify actionable
recommendations, and receive public
briefings. The meeting will include
continued discussion and deliberation
on the NAIAC’s planned Transition
Report. Briefings from outside subject
matter experts to the full Committee
include speakers from areas such as
industry, nonprofit organizations, the
scientific community, the defense and
law enforcement communities, and
other appropriate organizations.
Additional information, including the
speaker names, will be available on the
agenda, which will be posted online.
Members of the public interested in
reviewing the agenda in advance and
viewing the meeting are encouraged to
visit https://www.nist.gov/itl/nationalartificial-intelligence-advisorycommittee-naiac for meeting details and
to register to watch virtually. The
agenda items may change to
accommodate NAIAC business. The
final agenda will be posted on the
NAIAC Upcoming Meeting Page on the
NIST website at https://www.nist.gov/
itl/national-artificial-intelligenceadvisory-committee-naiac.
Comments: Individuals and
representatives of organizations who
would like to offer comments and
suggestions related to items on the
Committee’s agenda for this meeting are
invited to submit comments in advance
of the event. Please note that all
comments submitted via email will be
treated as public documents and will be
made available for public inspection.
For consideration prior to the meeting,
all comments must be submitted via
email with the subject line ‘‘December
12, 2024, NAIAC Public Meeting’’ to
naiac@nist.gov by 5:00 p.m. Eastern
Time, December 10, 2024. NIST will not
accept comments accompanied by a
request that part or all of the comment
be treated confidentially because of its
business proprietary nature or for any
other reason. Therefore, do not submit
confidential business information or
otherwise sensitive, protected, or
personal information, such as account
numbers, Social Security numbers, or
names of other individuals. Members of
the public may also submit written
comments to the NAIAC at any time.
Virtual Meeting Registration
Instructions: The meeting will be
broadcast via web conference. Requests
for special accommodations may be
made by emailing cheryl.gendron@
nist.gov. Registration is required to view
the web conference. Instructions on how
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to register will be made available at
https://www.nist.gov/itl/nationalartificial-intelligence-advisorycommittee-naiac. Registration will
remain open until the conclusion of the
meeting.
Alicia Chambers,
NIST Executive Secretariat.
[FR Doc. 2024–27461 Filed 11–22–24; 8:45 am]
BILLING CODE 3510–13–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[RTID 0648–XE463]
Taking and Importing Marine
Mammals; Taking Marine Mammals
Incidental to Geophysical Surveys
Related to Oil and Gas Activities in the
Gulf of Mexico
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of modification to
expiration date of letter of authorization.
AGENCY:
In accordance with the
Marine Mammal Protection Act
(MMPA), as amended, its implementing
regulations, and NMFS’ MMPA
Regulations for Taking Marine
Mammals Incidental to Geophysical
Surveys Related to Oil and Gas
Activities in the Gulf of Mexico (GOM),
notification is hereby given that NMFS
has modified the expiration date of a
Letter of Authorization (LOA) issued to
Murphy Exploration and Production
Company (Murphy) for the take of
marine mammals incidental to
geophysical survey activity in the GOM.
DATES: This LOA is effective through
March 15, 2025.
ADDRESSES: The LOA, LOA request, and
supporting documentation are available
online at: https://www.fisheries.
noaa.gov/marine-mammal-protection/
issued-letters-authorization-oil-and-gasindustry-geophysical-survey. In case of
problems accessing these documents,
please call the contact listed below (FOR
FURTHER INFORMATION CONTACT).
FOR FURTHER INFORMATION CONTACT:
Jenna Harlacher, Office of Protected
Resources, NMFS, (301) 427–8401.
SUPPLEMENTARY INFORMATION:
SUMMARY:
Background
Sections 101(a)(5)(A) and (D) of the
MMPA (16 U.S.C. 1361 et seq.) direct
the Secretary of Commerce to allow,
upon request, the incidental, but not
intentional, taking of small numbers of
E:\FR\FM\25NON1.SGM
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]]>Agencies
[Federal Register Volume 89, Number 227 (Monday, November 25, 2024)]
[Notices]
[Pages 92901-92906]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-27494]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[C-570-187, C-533-937]
Overhead Door Counterbalance Torsion Springs From the People's
Republic of China and India: Initiation of Countervailing Duty
Investigations
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
DATES: Applicable November 18, 2024.
FOR FURTHER INFORMATION CONTACT: William Horn (the People's Republic of
China (China)) and Krisha Hill (India), AD/CVD Operations, Enforcement
and Compliance, International Trade Administration, U.S. Department of
Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone:
(202) 482-4868 and (202) 482-4037, respectively.
SUPPLEMENTARY INFORMATION:
The Petitions
On October 29, 2024, the U.S. Department of Commerce (Commerce)
received countervailing duty (CVD) petitions concerning imports of
overhead door counterbalance torsion springs (overhead door springs)
from China and India filed in proper form on behalf of IDC Group, Inc.,
Iowa Spring Manufacturing, Inc., and Service Spring Corp.
(collectively, the petitioners), U.S. producers of overhead door
springs.\1\ The CVD Petitions were accompanied by antidumping duty (AD)
petitions concerning imports of overhead door springs from China and
India.\2\
---------------------------------------------------------------------------
\1\ See Petitioners' Letter, ``Petitions for the Imposition of
Antidumping and Countervailing Duties,'' dated October 29, 2024
(Petitions).
\2\ Id.
---------------------------------------------------------------------------
Between October 30 and November 15, 2024, Commerce requested
supplemental information pertaining to certain aspects of the
Petitions.\3\
[[Page 92902]]
Between November 4 and 15, 2024, the petitioners filed timely responses
to these requests for additional information.\4\
---------------------------------------------------------------------------
\3\ See Commerce's Letters, ``Supplemental Questions,'' dated
November 1, 2024 (General Issues Questionnaire), see also Country-
Specific CVD Supplemental Questionnaires: China Supplemental and
India Supplemental, dated October 30, 2024, and November 4, 2024;
and Memorandum, ``Phone Call,'' dated November 15, 2024 (November
15, 2024, Memorandum).
\4\ See Petitioners' Letters, ``Petitioners' Supplement to
Volume I of the Petition for the Imposition of Antidumping and
Countervailing duties on Imports from China and India,'' dated
November 7, 2024 (General Issues Supplement); see also Country-
Specific CVD Supplemental Responses: China CVD Supplement and India
CVD Supplement, dated November 4, 2024, and November 7, 2024; and
Petitioners' Letter, ``Petitioners' Amendment to the Scope of the
Petition for the Imposition of Antidumping and Countervailing Duties
on Imports from China and India,'' dated November 15, 2024 (Scope
Supplement).
---------------------------------------------------------------------------
In accordance with section 702(b)(1) of the Tariff Act of 1930, as
amended (the Act), the petitioners allege that the Government of China
(GOC) and the Government of India (GOI) (collectively, Governments) are
providing countervailable subsidies, within the meaning of sections 701
and 771(5) of the Act, to producers of overhead door springs from China
and India and that such imports are materially injuring, or threatening
material injury to, the domestic industry producing overhead door
springs in the United States. Consistent with section 702(b)(1) of the
Act and 19 CFR 351.202(b), for those alleged programs on which we are
initiating CVD investigations, the Petitions were accompanied by
information reasonably available to the petitioners supporting their
allegations.
Commerce finds that the petitioners filed the Petitions on behalf
of the domestic industry because the petitioners are interested
parties, as defined in section 771(9)(C) of the Act. Commerce also
finds that the petitioners demonstrated sufficient industry support
with respect to the initiation of the requested CVD investigations.\5\
---------------------------------------------------------------------------
\5\ See section on ``Determination of Industry Support for the
Petitions,'' infra.
---------------------------------------------------------------------------
Periods of Investigation
Because the Petitions were filed on October 29, 2024, the periods
of investigation for the China and India CVD investigations are January
1, 2023, through December 31, 2023.\6\
---------------------------------------------------------------------------
\6\ See 19 CFR 351.204(b)(2).
---------------------------------------------------------------------------
Scope of the Investigations
The products covered by these investigations are overhead door
springs from China and India. For a full description of the scope of
these investigations, see the appendix to this notice.
Comments on the Scope of the Investigations
On November 1 and 15, 2024, Commerce requested information and
clarification from the petitioner regarding the proposed scope to
ensure that the scope language in the Petitions is an accurate
reflection of the products for which the domestic industry is seeking
relief.\7\ On November 7 and 15, 2024, the petitioners provided
clarifications and revised the scope.\8\ The description of merchandise
covered by these investigations, as described in the appendix to this
notice, reflects these clarifications.
---------------------------------------------------------------------------
\7\ See General Issues Questionnaire; see also November 15,
2024, Memorandum.
\8\ See General Issues Supplement at 3-18; see also Scope
Supplement at 2 and Attachment.
---------------------------------------------------------------------------
As discussed in the Preamble to Commerce's regulations, we are
setting aside a period for interested parties to raise issues regarding
product coverage (i.e., scope).\9\ Commerce will consider all comments
received from interested parties and, if necessary, will consult with
interested parties prior to the issuance of the preliminary
determinations. If scope comments include factual information, all such
factual information should be limited to public information.\10\ To
facilitate preparation of its questionnaires, Commerce requests that
scope comments be submitted by 5:00 p.m. Eastern Time (ET) on December
9, 2024, which is the next business day after 20 calendar days from the
signature date of this notice.\11\ Any rebuttal comments, which may
include factual information, must be filed by 5:00 p.m. ET on December
19, 2024, which is 10 calendar days from the initial comment deadline.
---------------------------------------------------------------------------
\9\ See Antidumping Duties; Countervailing Duties; Final Rule,
62 FR 27296, 27323 (May 19, 1997) (Preamble).
\10\ See 19 CFR 351.102(b)(21) (defining ``factual
information'').
\11\ See 19 CFR 351.303(b)(1). The deadline for scope comments
falls on December 8, 2024, which is a Sunday. In accordance with 19
CFR 351.303(b)(1), Commerce will accept comments filed by 5:00 p.m.
ET on December 9, 2024 (``For both electronically filed and manually
filed documents, if the applicable due date falls on a non-business
day, the Secretary will accept documents that are filed on the next
business day.'').
---------------------------------------------------------------------------
Commerce requests that any factual information that parties
consider relevant to the scope of the investigations be submitted
during that time period. However, if a party subsequently finds that
additional factual information pertaining to the scope of the
investigations may be relevant, the party must contact Commerce and
request permission to submit the additional information. All scope
comments must be filed simultaneously on the records of the concurrent
AD and CVD investigations.
Filing Requirements
All submissions to Commerce must be filed electronically via
Enforcement and Compliance's Antidumping Duty and Countervailing Duty
Centralized Electronic Service System (ACCESS), unless an exception
applies.\12\ An electronically filed document must be received
successfully in its entirety by the time and date it is due.
---------------------------------------------------------------------------
\12\ See Antidumping and Countervailing Duty Proceedings:
Electronic Filing Procedures; Administrative Protective Order
Procedures, 76 FR 39263 (July 6, 2011); see also Enforcement and
Compliance; Change of Electronic Filing System Name, 79 FR 69046
(November 20, 2014), for details of Commerce's electronic filing
requirements, effective August 5, 2011. Information on using ACCESS
can be found at https://access.trade.gov/help.aspx and a handbook
can be found at https://access.trade.gov/help/Handbook_on_Electronic_Filing_Procedures.pdf.
---------------------------------------------------------------------------
Consultations
Pursuant to sections 702(b)(4)(A)(i) and (ii) of the Act, Commerce
notified the Governments of the receipt of the Petitions and provided
an opportunity for consultations with respect to the Petitions.\13\ The
GOC and the GOI did not request consultations.
---------------------------------------------------------------------------
\13\ See Commerce's Letters, ``Invitation for Consultation to
Discuss the Countervailing Duty Petition,'' dated October 31, 2024.
---------------------------------------------------------------------------
Determination of Industry Support for the Petitions
Section 702(b)(1) of the Act requires that a petition be filed on
behalf of the domestic industry. Section 702(c)(4)(A) of the Act
provides that a petition meets this requirement if the domestic
producers or workers who support the petition account for: (i) at least
25 percent of the total production of the domestic like product; and
(ii) more than 50 percent of the production of the domestic like
product produced by that portion of the industry expressing support
for, or opposition to, the petition. Moreover, section 702(c)(4)(D) of
the Act provides that, if the petition does not establish support of
domestic producers or workers accounting for more than 50 percent of
the total production of the domestic like product, Commerce shall: (i)
poll the industry or rely on other information in order to determine if
there is support for the petition, as required by subparagraph (A); or
(ii) determine industry support using a statistically valid sampling
method to poll the ``industry.''
Section 771(4)(A) of the Act defines the ``industry'' as the
producers as a whole of a domestic like product. Thus, to determine
whether a petition has the
[[Page 92903]]
requisite industry support, the statute directs Commerce to look to
producers and workers who produce the domestic like product. The U.S.
International Trade Commission (ITC), which is responsible for
determining whether ``the domestic industry'' has been injured, must
also determine what constitutes a domestic like product in order to
define the industry. While both Commerce and the ITC apply the same
statutory definition regarding the domestic like product,\14\ they do
so for different purposes and pursuant to a separate and distinct
authority. In addition, Commerce's determination is subject to
limitations of time and information. Although this may result in
different definitions of the like product, such differences do not
render the decision of either agency contrary to law.\15\
---------------------------------------------------------------------------
\14\ See section 771(10) of the Act.
\15\ See USEC, Inc. v. United States, 132 F. Supp. 2d 1, 8 (CIT
2001) (citing Algoma Steel Corp., Ltd. v. United States, 688 F.
Supp. 639, 644 (CIT 1988), aff'd Algoma Steel Corp., Ltd. v. United
States, 865 F.2d 240 (Fed. Cir. 1989)).
---------------------------------------------------------------------------
Section 771(10) of the Act defines the domestic like product as ``a
product which is like, or in the absence of like, most similar in
characteristics and uses with, the article subject to an investigation
under this title.'' Thus, the reference point from which the domestic
like product analysis begins is ``the article subject to an
investigation'' (i.e., the class or kind of merchandise to be
investigated, which normally will be the scope as defined in the
petition).
With regard to the domestic like product, the petitioners do not
offer a definition of the domestic like product distinct from the scope
of the investigations.\16\ Based on our analysis of the information
submitted on the record, we have determined that overhead door springs,
as defined in the scope, constitute a single domestic like product, and
we have analyzed industry support in terms of that domestic like
product.\17\
---------------------------------------------------------------------------
\16\ For a discussion of the domestic like product analysis as
applied to these cases and information regarding industry support,
see Checklists, ``Countervailing Duty Investigation Initiation
Checklists: Overhead Door Counterbalance Torsion Springs from the
People's Republic of China and India,'' dated concurrently with, and
hereby adopted by, this notice (Country-Specific CVD Initiation
Checklists), at Attachment II, Analysis of Industry Support for the
Antidumping and Countervailing Duty Petitions Covering Overhead Door
Counterbalance Torsion Springs from the People's Republic of China
and India (Attachment II). These checklists are on file
electronically via ACCESS.
\17\ See Attachment II of the Country-Specific CVD Initiation
Checklists.
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In determining whether the petitioners have standing under section
702(c)(4)(A) of the Act, we considered the industry support data
contained in the Petitions with reference to the domestic like product
as defined in the ``Scope of the Investigations,'' in the appendix to
this notice. To establish industry support, the petitioners provided
their own production of the domestic like product in 2023 and compared
this to the estimated total 2023 production of the domestic like
product for the entire industry.\18\ We relied on data provided by the
petitioners for purposes of measuring industry support.\19\
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\18\ Id.
\19\ For further discussion, see Attachment II of the Country-
Specific CVD Initiation Checklists.
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Our review of the data provided in the Petitions, the General
Issues Supplement, and other information readily available to Commerce
indicates that the petitioners have established industry support for
the Petitions.\20\ First, the Petitions established support from
domestic producers (or workers) accounting for more than 50 percent of
the total production of the domestic like product and, as such,
Commerce is not required to take further action in order to evaluate
industry support (e.g., polling).\21\ Second, the domestic producers
(or workers) have met the statutory criteria for industry support under
section 702(c)(4)(A)(i) of the Act because the domestic producers (or
workers) who support the Petitions account for at least 25 percent of
the total production of the domestic like product.\22\ Finally, the
domestic producers (or workers) have met the statutory criteria for
industry support under section 702(c)(4)(A)(ii) of the Act because the
domestic producers (or workers) who support the Petitions account for
more than 50 percent of the production of the domestic like product
produced by that portion of the industry expressing support for, or
opposition to, the Petitions.\23\ Accordingly, Commerce determines that
the Petitions were filed on behalf of the domestic industry within the
meaning of section 702(b)(1) of the Act.\24\
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\20\ For further discussion, see Attachment II of the Country-
Specific CVD Initiation Checklists.
\21\ Id.; see also section 702(c)(4)(D) of the Act.
\22\ See Attachment II of the Country-Specific CVD Initiation
Checklists.
\23\ Id.
\24\ Id.
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Injury Test
Because China and India are ``Subsidies Agreement Countries''
within the meaning of section 701(b) of the Act, section 701(a)(2) of
the Act applies to these investigations. Accordingly, the ITC must
determine whether imports of the subject merchandise from China and/or
India materially injure, or threaten material injury to, a U.S.
industry.
Allegations and Evidence of Material Injury and Causation
The petitioners allege that imports of the subject merchandise are
benefiting from countervailable subsidies and that such imports are
causing, or threaten to cause, material injury to the U.S. industry
producing the domestic like product. In addition, the petitioners
allege that subject imports from China and India exceed the
negligibility threshold provided for under section 771(24)(A) of the
Act.\25\
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\25\ For further information regarding negligibility and the
injury allegation, see Country-Specific CVD Initiation Checklists at
Attachment III, Analysis of Allegations and Evidence of Material
Injury and Causation for the Antidumping and Countervailing Duty
Petitions Covering Overhead Door Counterbalance Torsion Springs from
the People's Republic of China and India (Attachment III).
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The petitioners contend that the industry's injured condition is
illustrated by the significant and increasing volume of subject
imports; reduced market share; underselling and price depression and/or
suppression; lost sales and revenues; and decline in the domestic
industry's production, shipments, and financial performance.\26\ We
assessed the allegations and supporting evidence regarding material
injury, threat of material injury, causation, cumulation, as well as
negligibility, and we have determined that these allegations are
properly supported by adequate evidence and meet the statutory
requirements for initiation.\27\
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\26\ See Attachment III of the Country-Specific CVD Initiation
Checklists.
\27\ Id.
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Initiation of CVD Investigations
Based upon the examination of the Petitions and supplemental
responses, we find that they meet the requirements of section 702 of
the Act. Therefore, we are initiating CVD investigations to determine
whether imports of overhead door springs from China and India benefit
from countervailable subsidies conferred by the GOC and GOI,
respectively. In accordance with section 703(b)(1) of the Act and 19
CFR 351.205(b)(1), unless postponed, we will make our preliminary
determinations no later than 65 days after the date of these
initiations.
China
Based on our review of the Petitions, we find that there is
sufficient information to initiate a CVD investigation on 16 of the 16
programs alleged by the petitioners. For a full
[[Page 92904]]
discussion of the basis for our decision to initiate on each program,
see the China CVD Initiation Checklist. A public version of the
initiation checklist for this investigation is available on ACCESS.
India
Based on our review of the Petitions, we find that there is
sufficient information to initiate a CVD investigation on 24 of the 31
programs alleged by the petitioners. For a full discussion of the basis
for our decision to initiate on each program, see the India CVD
Initiation Checklist. A public version of the initiation checklist for
this investigation is available on ACCESS.
Respondent Selection
China and India
In the Petitions, the petitioners identified 80 companies in China
and eight companies in India as producers/exporters of overhead door
springs.\28\ Commerce intends to follow its standard practice in CVD
investigations and calculate company-specific subsidy rates in these
investigations. In the event that Commerce determines that the number
of companies is large and it cannot individually examine each company
based on Commerce's resources, Commerce normally selects mandatory
respondents in CVD investigations using U.S. Customs and Border
Protection (CBP) entry data for U.S. imports under the appropriate
Harmonized Tariff Schedule of the United States (HTSUS) subheading(s)
listed in the ``Scope of the Investigations'' in the appendix. However,
for these investigations, the main HTSUS subheadings under which the
subject merchandise would enter (7320.20.5020, 7320.20.5045, and
7320.20.5060) are not limited to subject merchandise and therefore may
also cover non-subject merchandise. Therefore, we cannot rely on CBP
entry data in selecting respondents. Notwithstanding the decision to
rely on quantity and value (Q&V) questionnaires for respondent
selection, due to the number of Chinese producers and/or exporters
identified in the Petitions, Commerce has determined to limit the
number of Q&V questionnaires that it will issue to Chinese producers
and/or exporters based on CBP data for overhead door springs from China
during the POI under the appropriate HTSUS subheadings listed in the
``Scope of the Investigations,'' in the appendix.\29\ Accordingly, for
China, Commerce will issue Q&V questionnaires to the largest producers
and/or exporters that are identified in the CBP entry data for which
there is complete address information on the record. For India, because
there are eight companies identified, Commerce will issue Q&V
questionnaires to each producer and/or exporter in India for which
there is complete address information on the record.
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\28\ See Petitions at Volume I (page 30 and Exhibit I-46); see
also General Issues Supplement at 1 and Exhibit I-46 (Revised).
\29\ See Memorandum, ``Release of U.S. Customs and Border
Protection Entry Data,'' dated November 15, 2024.
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Commerce will also post the Q&V questionnaire along with filing
instructions on Commerce's website at https://www.trade.gov/ec-adcvd-case-announcements. Producers/exporters of overhead door springs from
China and India that do not receive Q&V questionnaires may still submit
a response to the Q&V questionnaire and can obtain a copy of the Q&V
questionnaire from Commerce's website. Responses to the Q&V
questionnaire must be submitted by the relevant Chinese and Indian
producers/exporters no later than 5:00 p.m. ET on December 2, 2024,
which is two weeks from the signature date of this notice.\30\ All Q&V
questionnaire responses must be filed electronically via ACCESS. An
electronically filed document must be received successfully, in its
entirety, by ACCESS no later than 5:00 p.m. ET on the deadline noted
above.
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\30\ See 19 CFR 351.303(b)(1).
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Interested parties must submit applications for disclosure under
administrative protective order (APO) in accordance with 19 CFR
351.305(b). Instructions for filing such applications may be found on
Commerce's website at https://www.trade.gov/administrative-protective-orders.
Distribution of Copies of the Petitions
In accordance with section 702(b)(4)(A) of the Act and 19 CFR
351.202(f), a copy of the public version of the Petitions has been
provided to the GOC and GOI via ACCESS. To the extent practicable, we
will attempt to provide a copy of the public version of the Petitions
to each exporter named in the Petitions, as provided under 19 CFR
351.203(c)(2).
ITC Notification
Commerce will notify the ITC of its initiation, as required by
section 702(d) of the Act.
Preliminary Determinations by the ITC
The ITC will preliminarily determine, within 45 days after the date
on which the Petitions were filed, whether there is a reasonable
indication that imports of overhead door springs from China and/or
India are materially injuring, or threatening material injury to, a
U.S. industry.\31\ A negative ITC determination for any country will
result in the investigation being terminated with respect to that
country.\32\ Otherwise, these CVD investigations will proceed according
to statutory and regulatory time limits.
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\31\ See section 703(a)(1) of the Act.
\32\ Id.
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Submission of Factual Information
Factual information is defined in 19 CFR 351.102(b)(21) as: (i)
evidence submitted in response to questionnaires; (ii) evidence
submitted in support of allegations; (iii) publicly available
information to value factors of production under 19 CFR 351.408(c) or
to measure the adequacy of remuneration under 19 CFR 351.511(a)(2);
(iv) evidence placed on the record by Commerce; and (v) evidence other
than factual information described in (i)-(iv). Section 351.301(b) of
Commerce's regulations requires any party, when submitting factual
information, to specify under which subsection of 19 CFR 351.102(b)(21)
the information is being submitted \33\ and, if the information is
submitted to rebut, clarify, or correct factual information already on
the record, to provide an explanation identifying the information
already on the record that the factual information seeks to rebut,
clarify, or correct.\34\ Time limits for the submission of factual
information are addressed in 19 CFR 351.301, which provides specific
time limits based on the type of factual information being submitted.
Interested parties should review the regulations prior to submitting
factual information in these investigations.
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\33\ See 19 CFR 351.301(b).
\34\ See 19 CFR 351.301(b)(2).
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Extensions of Time Limits
Parties may request an extension of time limits before the
expiration of a time limit established under 19 CFR 351.301, or as
otherwise specified by Commerce. In general, an extension request will
be considered untimely if it is filed after the expiration of the time
limit established under 19 CFR 351.301, or as otherwise specified by
Commerce.\35\ For submissions that are due from multiple parties
simultaneously, an extension request will be considered untimely if it
is filed after 10:00 a.m. ET on the due date. Under certain
circumstances, Commerce
[[Page 92905]]
may elect to specify a different time limit by which extension requests
will be considered untimely for submissions which are due from multiple
parties simultaneously. In such a case, we will inform parties in a
letter or memorandum of the deadline (including a specified time) by
which extension requests must be filed to be considered timely. An
extension request must be made in a separate, standalone submission;
under limited circumstances we will grant untimely filed requests for
the extension of time limits, where we determine, based on 19 CFR
351.302, that extraordinary circumstances exist. Parties should review
Commerce's regulations concerning the extension of time limits and the
Time Limits Final Rule prior to submitting factual information in these
investigations.\36\
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\35\ See 19 CFR 351.302.
\36\ See 19 CFR 351.301; see also Extension of Time Limits;
Final Rule, 78 FR 57790 (September 20, 2013) (Time Limits Final
Rule), available at https://www.gpo.gov/fdsys/pkg/FR-2013-09-20/html/2013-22853.htm.
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Certification Requirements
Any party submitting factual information in an AD or CVD proceeding
must certify to the accuracy and completeness of that information.\37\
Parties must use the certification formats provided in 19 CFR
351.303(g).\38\ Commerce intends to reject factual submissions if the
submitting party does not comply with the applicable certification
requirements.
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\37\ See section 782(b) of the Act.
\38\ See Certification of Factual Information to Import
Administration During Antidumping and Countervailing Duty
Proceedings, 78 FR 42678 (July 17, 2013) (Final Rule); see also
frequently asked questions regarding the Final Rule, available at
https://enforcement.trade.gov/tlei/notices/factual_info_final_rule_FAQ_07172013.pdf.
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Notification to Interested Parties
Interested parties must submit applications for disclosure under
APO in accordance with 19 CFR 351.305. Parties wishing to participate
in these investigations should ensure that they meet the requirements
of 19 CFR 351.103(d) (e.g., by filing the required letters of
appearance). Note that Commerce has amended certain of its requirements
pertaining to the service of documents in 19 CFR 351.303(f).\39\
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\39\ See Administrative Protective Order, Service, and Other
Procedures in Antidumping and Countervailing Duty Proceedings, 88 FR
67069 (September 29, 2023).
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This notice is issued and published pursuant to sections 702 and
777(i) of the Act, and 19 CFR 351.203(c).
Dated: November 18, 2024.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.
Appendix
Scope of the Investigations
The merchandise covered by these investigations 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 these
investigations 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:
wire type (including, but not limited to, oil-tempered
wire, hard-drawn wire, music wire, galvanized or other coated wire);
wire cross-sectional shape (e.g., round, square, or
other shapes);
coating (e.g., uncoated, oil- or water-based coatings,
lubricant coatings, zinc, aluminum, zinc-aluminum, paint or plastic
coating, etc.);
winding orientation (left-hand or right-hand wind
direction);
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
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 these
investigations 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 these
investigations 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 these investigations unless specifically
excluded. The following products are specifically excluded from the
scope of these investigations:
leaf springs (slender arc-shaped length of spring steel
of a rectangular cross-section);
disc springs (conical springs consisting of a convex
disc with the outer edge working against the center of the disc);
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);
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
spiral springs (torsion springs wound as concentric
spirals such as a clock spring or mainspring).
The products subject to these investigations 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
[[Page 92906]]
purposes, the written description of the scope of these
investigations is dispositive.
[FR Doc. 2024-27494 Filed 11-22-24; 8:45 am]
BILLING CODE 3510-DS-P
