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[Federal Register Volume 89, Number 227 (Monday, November 25, 2024)]
[Notices]
[Pages 92895-92901]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-27495]

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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-186, A-533-936]

Overhead Door Counterbalance Torsion Springs From the People's 
Republic of China and India: Initiation of Less-Than-Fair-Value 
Investigations

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

DATES: Applicable November 18, 2024.

FOR FURTHER INFORMATION CONTACT: Joshua Weiner (the People's Republic 
of China (China)) and Ajay Menon (India), AD/CVD Operations, 
Enforcement and Compliance, International Trade Administration, U.S. 
Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 
20230; telephone: (202) 482-3902 and (202) 482-0208, respectively.

SUPPLEMENTARY INFORMATION:

The Petitions

    On October 29, 2024, the U.S. Department of Commerce (Commerce) 
received antidumping duty (AD) 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 AD 
Petitions were accompanied by countervailing duty (CVD) petitions 
concerning imports of overhead door springs from China and India.\2\
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    \1\ See Petitioners' Letter, ``Petitions for the Imposition of 
Antidumping and Countervailing Duties,'' dated October 29, 2024 
(Petitions).
    \2\ Id.
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    Between November 1 and 15, 2024, Commerce requested supplemental 
information pertaining to certain aspects of the Petitions in 
supplemental questionnaires.\3\ The petitioners responded to Commerce's 
supplemental questionnaires on November 7 and 15, 2024.\4\
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    \3\ See Commerce's Letters, ``Supplemental Questions,'' dated 
November 1, 2024 (General Issues Questionnaire); see also Country-
Specific AD Supplemental Questionnaires: China Supplemental and 
India Supplemental, dated November 1 and 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 AD Supplemental Responses: China AD Supplement and India AD 
Supplement, dated 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).

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[[Page 92896]]

    In accordance with section 732(b) of the Tariff Act of 1930, as 
amended (the Act), the petitioners allege that imports of overhead door 
springs from China and India are being, or are likely to be, sold in 
the United States at less than fair value (LTFV) within the meaning of 
section 731 of the Act, and that imports of such products are 
materially injuring, or threatening material injury to, the overhead 
door springs industry in the United States. Consistent with section 
732(b)(1) of the Act, 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 for 
the initiation of the requested LTFV investigations.\5\
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    \5\ See section on ``Determination of Industry Support for the 
Petitions,'' infra.
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Periods of Investigation

    Because the Petitions were filed on October 29, 2024, pursuant to 
19 CFR 351.204(b)(1), the period of investigation (POI) for the India 
LTFV investigation is October 1, 2023, through September 30, 2024. 
Because China is a non-market economy (NME) country, pursuant to 19 CFR 
351.204(b)(1), the POI for the China LTFV investigation is April 1, 
2024, through September 30, 2024.

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 petitioners 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.\6\ On November 7 and 15, 2024, the petitioners provided 
clarifications and revised the scope.\7\ The description of merchandise 
covered by these investigations, as described in the appendix to this 
notice, reflects these clarifications.
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    \6\ See General Issues Questionnaire; see also November 15, 
2024, Memorandum.
    \7\ See General Issues Supplement at 3-18; see also Scope 
Supplement at 2 and Attachment.
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    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).\8\ Commerce will consider all scope 
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,\9\ all such factual information should be limited to 
public information. 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.\10\ Any rebuttal 
comments, which may include factual information, and should also be 
limited to public information, must be filed by 5:00 p.m. ET on 
December 19, 2024, which is 10 calendar days from the initial comment 
deadline.
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    \8\ See Antidumping Duties; Countervailing Duties, Final Rule, 
62 FR 27296, 27323 (May 19, 1997) (Preamble); see also 19 CFR 
351.312.
    \9\ See 19 CFR 351.102(b)(21) (defining ``factual 
information'').
    \10\ 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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    Commerce requests that any factual information that parties 
consider relevant to the scope of these investigations be submitted 
during that 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 
LTFV 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.\11\ An electronically filed document must be received 
successfully in its entirety by the time and date it is due.
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    \11\ 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.
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Comments on Product Characteristics

    Commerce is providing interested parties an opportunity to comment 
on the appropriate physical characteristics of overhead door springs to 
be reported in response to Commerce's AD questionnaires. This 
information will be used to identify the key physical characteristics 
of the subject merchandise in order to report the relevant factors of 
production (FOP) or cost of production (COP) accurately, as well as to 
develop appropriate product comparison criteria.
    Interested parties may provide any information or comments that 
they feel are relevant to the development of an accurate list of 
physical characteristics. Specifically, they may provide comments as to 
which characteristics are appropriate to use as: (1) general product 
characteristics; and (2) product comparison criteria. We note that it 
is not always appropriate to use all product characteristics as product 
comparison criteria. We base product comparison criteria on meaningful 
commercial differences among products. In other words, although there 
may be some physical product characteristics utilized by manufacturers 
to describe overhead door springs, it may be that only a select few 
product characteristics take into account commercially meaningful 
physical characteristics. In addition, interested parties may comment 
on the order in which the physical characteristics should be used in 
matching products. Generally, Commerce attempts to list the most 
important physical characteristics first and the least important 
characteristics last.
    In order to consider the suggestions of interested parties in 
developing and issuing the AD questionnaires, all product 
characteristics comments must be filed by 5:00 p.m. ET on December 9, 
2024, which is the next business day after 20 calendar days from the 
signature date of this notice.\12\ Any

[[Page 92897]]

rebuttal comments must be filed by 5:00 p.m. ET on December 19, 2024, 
which is 10 calendar days from the initial comment deadline. All 
comments and submissions to Commerce must be filed electronically using 
ACCESS, as explained above, on the record of each of the LTFV 
investigations.
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    \12\ See 19 CFR 351.303(b)(1). The deadline for comments on 
product characteristics 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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Determination of Industry Support for the Petitions

    Section 732(b)(1) of the Act requires that a petition be filed on 
behalf of the domestic industry. Section 732(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 732(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 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,\13\ 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.\14\
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    \13\ See section 771(10) of the Act.
    \14\ 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)).
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    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.\15\ 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.\16\
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    \15\ For a discussion of the domestic like product analysis as 
applied to these cases and information regarding industry support, 
see Checklists, ``Antidumping 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 AD 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.
    \16\ See Attachment II of the Country-Specific AD Initiation 
Checklists.
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    In determining whether the petitioners have standing under section 
732(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.\17\ We relied on data provided by the 
petitioners for purposes of measuring industry support.\18\
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    \17\ Id.
    \18\ For further discussion, see Attachment II of the Country-
Specific AD 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.\19\ 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).\20\ Second, the domestic producers 
(or workers) have met the statutory criteria for industry support under 
section 732(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.\21\ Finally, the 
domestic producers (or workers) have met the statutory criteria for 
industry support under section 732(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.\22\ Accordingly, Commerce determines that 
the Petitions were filed on behalf of the domestic industry within the 
meaning of section 732(b)(1) of the Act.\23\
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    \19\ Id.
    \20\ Id.; see also section 732(c)(4)(D) of the Act.
    \21\ See Attachment II of the Country-Specific AD Initiation 
Checklists.
    \22\ Id.
    \23\ Id.
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Allegations and Evidence of Material Injury and Causation

    The petitioners allege that the U.S. industry producing the 
domestic like product is being materially injured, or is threatened 
with material injury, by reason of the imports of the subject 
merchandise sold at LTFV. 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.\24\
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    \24\ For further information regarding negligibility and the 
injury allegation, see Country-Specific AD 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.\25\ We 
assessed the allegations and supporting evidence regarding material 
injury, threat of material injury, causation, cumulation, as well as 
negligibility, and we have determined

[[Page 92898]]

that these allegations are properly supported by adequate evidence and 
meet the statutory requirements for initiation.\26\
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    \25\ Id.
    \26\ Id.
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Allegations of Sales at LTFV

    The following is a description of the allegations of sales at LTFV 
upon which Commerce based its decision to initiate LTFV investigations 
of imports of overhead door springs from China and India. The sources 
of data for the deductions and adjustments relating to U.S. price and 
normal value (NV) are discussed in greater detail in the Country-
Specific AD Initiation Checklists.

U.S. Price

    For China and India, the petitioners based export price (EP) on 
pricing information for overhead door springs sold or offered for sale 
in the United States and exported from each country during the POI.\27\ 
For each country, the petitioners made certain adjustments to U.S. 
price to calculate a net ex-factory U.S. price, where applicable.\28\
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    \27\ See Country-Specific AD Initiation Checklists.
    \28\ See Country-Specific AD Initiation Checklists.
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Normal Value 29
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    \29\ In accordance with section 773(b)(2) of the Act, for the 
India investigation, Commerce will request information necessary to 
calculate the constructed value (CV) and COP to determine whether 
there are reasonable grounds to believe or suspect that sales of the 
foreign like product have been made at prices that represent less 
than the COP of the product.
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    For India, the petitioners based NV on home market pricing 
information they obtained for overhead door springs produced in and 
sold, or offered for sale, in India during the applicable time 
period.\30\ The petitioners provided information indicating that the 
prices for overhead door springs sold or offered for sale in the Indian 
market were below the COP.\31\ Therefore, for India, the petitioners 
also based NV on constructed value.\32\ For further discussion of CV 
for India, see the section ``Normal Value Based on Constructed Value,'' 
below.
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    \30\ See India AD Initiation Checklist.
    \31\ Id.
    \32\ Id.
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    Commerce considers China to be an NME country.\33\ In accordance 
with section 771(18)(C)(i) of the Act, any determination that a foreign 
country is an NME country shall remain in effect until revoked by 
Commerce. Therefore, we continue to treat China as an NME country for 
purposes of the initiation of the China LTFV investigation. 
Accordingly, we base NV on FOPs valued in a surrogate market economy 
country in accordance with section 773(c) of the Act.
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    \33\ See, e.g., Certain Freight Rail Couplers and Parts Thereof 
from the People's Republic of China: Preliminary Affirmative 
Determination of Sales at Less Than Fair Value and Preliminary 
Affirmative Determination of Critical Circumstances, 88 FR 15372 
(March 13, 2023), and accompanying Preliminary Decision Memorandum 
at 5, unchanged in Certain Freight Rail Couplers and Parts Thereof 
from the People's Republic of China: Final Affirmative Determination 
of Sales at Less-Than-Fair Value and Final Affirmative Determination 
of Critical Circumstances, 88 FR 34485 (May 30, 2023).
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    The petitioners claim that Malaysia is an appropriate surrogate 
country for China because it is a market economy that is at a level of 
economic development comparable to that of China and is a significant 
producer of comparable merchandise.\34\ The petitioners provided 
publicly available information from Malaysia to value all FOPs except 
labor.\35\ Consistent with Commerce's recent practice in cases 
involving Malaysia as a surrogate country,\36\ to value labor, the 
petitioners provided data from another surrogate country, the Republic 
of T[uuml]rkiye (T[uuml]rkiye). Based on the information provided by 
the petitioners, we believe it is appropriate to use Malaysia as a 
surrogate country for China to value all FOPs except labor and 
T[uuml]rkiye to value labor for initiation purposes.
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    \34\ See China AD Initiation Checklist.
    \35\ Id.
    \36\ See, e.g., Certain Collated Steel Staples from the People's 
Republic of China: Final Results of Antidumping Duty Administrative 
Review; and Final Determination of No Shipments; 2021-2022, 88 FR 
85242 (December 7, 2023), and accompanying Issues and Decision 
Memorandum (IDM) at Comment 2; and Light-Walled Rectangular Pipe and 
Tube from the People's Republic of China: Final Results of 
Antidumping Duty Administrative Review, 88 FR 15671 (March 14, 
2023), and accompanying IDM at Comment 2.
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    Interested parties will have the opportunity to submit comments 
regarding surrogate country selection and, pursuant to 19 CFR 
351.301(c)(3)(i), will be provided an opportunity to submit publicly 
available information to value FOPs within 30 days before the scheduled 
date of the preliminary determinations.

Factors of Production

    Because information regarding the volume of inputs consumed by 
Chinese producers/exporters was not reasonably available, the 
petitioners used the production experience and product-specific 
consumption rates of a U.S. producer of overhead door springs as a 
surrogate to value Chinese manufacturers' FOPs.\37\ Additionally, the 
petitioners calculated factory overhead, selling, general, and 
administrative (SG&A) expenses, and profit based on the experience of a 
Malaysian producer of comparable merchandise.\38\
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    \37\ See China AD Initiation Checklist.
    \38\ Id.
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Normal Value Based on Constructed Value

    As noted above for India, the petitioners provided information 
indicating that the prices for overhead door springs sold or offered 
for sale in India were below the COP.\39\ Therefore, for India, the 
petitioners also calculated NV based on CV.\40\
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    \39\ See India AD Initiation Checklist.
    \40\ Id.
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    Pursuant to section 773(e) of the Act, the petitioners calculated 
CV as the sum of the cost of manufacturing, SG&A expenses, financial 
expenses, and profit.\41\ For India, in calculating the cost of 
manufacturing, the petitioners relied on the production experience and 
product-specific consumption rates of a U.S. producer of overhead door 
springs, valued using publicly available information applicable India, 
where applicable.\42\ For India, in calculating SG&A expenses, 
financial expenses, and profit ratios, the petitioners relied on the 
fiscal year 2023 financial statements of an Indian producer of 
comparable merchandise.\43\
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    \41\ Id.
    \42\ Id.
    \43\ Id.
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Fair Value Comparisons

    Based on the data provided by the petitioners, there is reason to 
believe that imports of overhead door springs from China and India are 
being, or are likely to be, sold in the United States at LTFV. Based on 
comparisons of EP to NV in accordance with sections 772 and 773 of the 
Act, the estimated dumping margins for overhead door springs for each 
of the countries covered by this initiation are as follows: (1) China--
669.36 to 778.31 percent; and (2) India--46.75 to 126.14 percent.\44\
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    \44\ See Country-Specific AD Initiation Checklists.
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Initiation of LTFV Investigations

    Based upon the examination of the Petitions and supplemental 
responses, we find that they meet the requirements of section 732 of 
the Act. Therefore, we are initiating LTFV investigations to determine 
whether imports of overhead door springs from China and India are 
being, or are likely to be, sold in the United States at LTFV. In 
accordance with section 733(b)(1)(A) of the Act and 19 CFR 
351.205(b)(1), unless postponed, we will make our preliminary 
determinations no later than 140 days after the date of these 
initiations.

[[Page 92899]]

Respondent Selection

India

    In the Petitions, the petitioners identified eight companies in 
India as producers/exporters of overhead door springs.\45\ In the event 
that Commerce determines that the number of companies is large, and it 
cannot individually examine each company based upon Commerce's 
resources, where appropriate, Commerce intends to select mandatory 
respondents based on quantity and value (Q&V) questionnaires issued to 
potential respondents. Following standard practice in LTFV 
investigations involving market economy countries, Commerce would 
normally select respondents based on U.S. Customs and Border Protection 
(CBP) entry data for 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. Accordingly, for India, Commerce will send Q&V 
questionnaires to each producer and/or exporter for which there is 
complete address information on the record.
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    \45\ See Petitions at Volume I (page 15 and Exhibit GEN-4); see 
General Issues Supplement at 2-3 and Exhibit SUPP-GEN-1.
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    Commerce will 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 
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 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. 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/administrative-protective-orders.

China

    In the Petitions, the petitioners identified 80 companies in China 
as producers and/or exporters of overhead door springs.\46\ Our 
standard practice for respondent selection in AD investigations 
involving NME countries is to select respondents based on Q&V 
questionnaires in cases where Commerce has determined that the number 
of companies is large, and it cannot individually examine each company 
based upon its resources. Therefore, considering the number of 
producers and/or exporters identified in the Petitions, Commerce will 
solicit Q&V information that can serve as a basis for selecting 
exporters for individual examination in the event that Commerce 
determines that the number is large and decides to limit the number of 
respondents individually examined pursuant to section 777A(c)(2) of the 
Act. Because there are 80 Chinese producers and/or exporters identified 
in the Petitions, Commerce has determined that it will issue Q&V 
questionnaires to the largest producers and/or exporters in China that 
are identified in the U.S. Customs and Border Protection POI entry data 
for which there is complete address information on the record.\47\
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    \46\ Petitions at Volume I (page 15 and Exhibit GEN-4); see 
General Issues Supplement at 2-3 and Exhibit SUPP-GEN-1.
    \47\ See Memorandum, ``Release of U.S. Customs and Border 
Protection Entry Data,'' dated November 15, 2024.
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    Commerce will post the Q&V questionnaires 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 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 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. 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 
APO in accordance with 19 CFR 351.305(b). As stated above, instructions 
for filing such applications may be found on Commerce's website at 
https://www.trade.gov/administrative-protective-orders.

Separate Rates

    In order to obtain separate rate status in an NME investigation, 
exporters and producers must submit a separate rate application. The 
specific requirements for submitting a separate rate application in an 
NME investigation are outlined in detail in the application itself, 
which is available on Commerce's website at https://access.trade.gov/Resources/nme/nme-sep-rate.html. The separate rate application will be 
due 30 days after publication of this initiation notice. Exporters and 
producers must file a timely separate rate application if they want to 
be considered for individual examination. Exporters and producers who 
submit a separate rate application and have been selected as mandatory 
respondents will be eligible for consideration for separate rate status 
only if they respond to all parts of Commerce's AD questionnaire as 
mandatory respondents. Commerce requires that companies from China 
submit a response both to the Q&V questionnaire and to the separate 
rate application by the respective deadlines to receive consideration 
for separate rate status. Companies not filing a timely Q&V 
questionnaire response will not receive separate rate consideration.

Use of Combination Rates

    Commerce will calculate combination rates for certain respondents 
that are eligible for a separate rate in an NME investigation. The 
Separate Rates and Combination Rates Bulletin states:

{w{time} hile continuing the practice of assigning separate rates 
only to exporters, all separate rates that {Commerce{time}  will now 
assign in its NME investigation will be specific to those producers 
that supplied the exporter during the period of investigation. Note, 
however, that one rate is calculated for the exporter and all of the 
producers which supplied subject merchandise to it during the period 
of investigation. This practice applies both to mandatory 
respondents receiving an individually calculated separate rate as 
well as the pool of non-investigated firms receiving the {weighted 
average{time}  of the individually calculated rates. This practice 
is referred to as the application of ``combination rates'' because 
such rates apply to specific combinations of exporters and one or 
more producers. The cash-deposit rate assigned to an exporter will 
apply only to merchandise both exported by the firm in question and

[[Page 92900]]

produced by a firm that supplied the exporter during the period of 
investigation.\48\
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    \48\ See Enforcement and Compliance's Policy Bulletin No. 05.1, 
regarding, ``Separate-Rates Practice and Application of Combination 
Rates in Antidumping Investigation involving NME Countries,'' (April 
5, 2005) at 6 (emphasis added), available on Commerce's website at 
https://access.trade.gov/Resources/policy/bull05-1.pdf.
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Distribution of Copies of the Petitions

    In accordance with section 732(b)(3)(A) of the Act and 19 CFR 
351.202(f), copies of the public version of the Petitions have been 
provided to the governments of China and India 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 our initiation, as required by 
section 732(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.\49\ A negative ITC determination for any country will 
result in the investigation being terminated with respect to that 
country.\50\ Otherwise, these LTFV investigations will proceed 
according to statutory and regulatory time limits.
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    \49\ See section 733(a) of the Act.
    \50\ 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 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 \51\ 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.\52\ 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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    \51\ See 19 CFR 351.301(b).
    \52\ See 19 CFR 351.301(b)(2).
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Particular Market Situation Allegation

    Section 773(e) of the Act addresses the concept of particular 
market situation (PMS) for purposes of CV, stating that ``if a 
particular market situation exists such that the cost of materials and 
fabrication or other processing of any kind does not accurately reflect 
the cost of production in the ordinary course of trade, the 
administering authority may use another calculation methodology under 
this subtitle or any other calculation methodology.'' When an 
interested party submits a PMS allegation pursuant to section 773(e) of 
the Act (i.e., a cost-based PMS allegation), the submission must be 
filed in accordance with the requirements of 19 CFR 351.416(b), and 
Commerce will respond to such a submission consistent with 19 CFR 
351.301(c)(2)(v). If Commerce finds that a cost-based PMS exists under 
section 773(e) of the Act, then it will modify its dumping calculations 
appropriately.
    Neither section 773(e) of the Act, nor 19 CFR 351.301(c)(2)(v), 
sets a deadline for the submission of cost-based PMS allegations and 
supporting factual information. However, in order to administer section 
773(e) of the Act, Commerce must receive PMS allegations and supporting 
factual information with enough time to consider the submission. Thus, 
should an interested party wish to submit a cost-based PMS allegation 
and supporting new factual information pursuant to section 773(e) of 
the Act, it must do so no later than 20 days after submission of a 
respondent's initial section D questionnaire response.
    We note that a PMS allegation filed pursuant to sections 
773(a)(1)(B)(ii)(III) or 773(a)(1)(C)(iii) of the Act (i.e., a sales-
based PMS allegation) must be filed within 10 days of submission of a 
respondent's initial section B questionnaire response, in accordance 
with 19 CFR 351.301(c)(2)(i) and 19 CFR 351.404(c)(2).

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.\53\ 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 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.\54\
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    \53\ 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.
    \54\ See 19 CFR 351.302; see also, e.g., Time Limits Final Rule.
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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.\55\ 
Parties must use the certification formats provided in 19 CFR 
351.303(g).\56\ Commerce intends to reject factual submissions if the 
submitting party does not comply with the applicable certification 
requirements.
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    \55\ See section 782(b) of the Act.
    \56\ See Certification of Factual Information to Import 
Administration During Antidumping and Countervailing Duty 
Proceedings, 78 FR 42678 (July 17, 2013) (Final Rule). Additional 
information regarding the Final Rule is available at https://access.trade.gov/Resources/filing/index.html.
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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 letter of 
appearance). Note that Commerce has amended certain of its

[[Page 92901]]

requirements pertaining to the service of documents in 19 CFR 
351.303(f).\57\
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    \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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    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.

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 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
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