Initiation of Antidumping Duty and Countervailing Duty Investigations of Utility Scale Wind Towers from India, Malaysia, and Spain
On November 10, 2020, the Department of Commerce (Commerce) announced the initiation of antidumping duty (AD) and countervailing duty (CVD) investigations of utility scale wind towers from India, Malaysia, and Spain (AD only).
Alleged Dumping Rates
| Country | Dumping Rate |
|---|---|
| India | 54.03 Percent |
| Malaysia | 93.83 Percent |
| Spain | 73.00 Percent |
Alleged Subsidy Rates
| Country | Subsidy Rates |
|---|---|
| India | Above de minimis [1] |
| Malaysia | Above de minimis [1] |
[1] de minimis = less than 1% for developed countries, less than 2% for developing countries.
| Event | AD Investigation(s) | CVD Investigation(s) |
|---|---|---|
| Petition(s) Filed | September 30, 2020 | September 30, 2020 |
| DOC Initiation Date | November 9, 2020 | November 9, 2020 |
| ITC Preliminary Determinations [1] | December 4, 2020 [4] | December 4, 2020 [4] |
| DOC Preliminary Determinations | March 29, 2021 | January 13, 2021 |
| DOC Final Determinations | June 14, 2021 | March 29, 2021 |
| ITC Final Determinations [2] | July 29, 2021 | May 13,2021 |
| Issuance of Orders [3] | August 5, 2021 | May 20, 2021 |
Note: Commerce’s preliminary and final determination deadlines are governed by statute. For CVD investigations, the deadlines are set forth in sections 703(b) and 705(a)(1) of the Tariff Act of 1930, as amended (the Act). For AD investigations, the deadlines are set forth in sections 733(b) and 735(a) of the Act. These deadlines may be extended under certain circumstances.
^Under the Act, in any case in which Commerce is required to poll the industry or otherwise determine industry support for a petition, Commerce may extend the deadline for deciding whether to initiate an AD or CVD investigation for a period not to exceed 40 days after a petition is officially filed. Commerce extended the initiation deadline by 20 days and polled the industry in order to determine industry support for the utility scale wind towers petitions.
[1]If the ITC makes negative preliminary determinations of injury, the investigations are terminated.
[2]This will take place only in the event of final affirmative determinations from Commerce.
[3]This will take place only in the event of final affirmative determinations from Commerce and the ITC.
[4]When Commerce extends the initiation deadline, the ITC preliminary determination will be within 25 days after the date on which the ITC receives notification from Commerce of the initiation of the investigation, in accordance with section 773(a)(2)(A)(ii) of the Act. The ITC has indicated that its preliminary determinations will now take place on or about December 4, 2020.
| Country | Volume/Value | 2017 | 2018 | 2019 |
|---|---|---|---|---|
| India | Volume (MT) | 20 | 9 | 18,460 |
| Value (USD) | $181,174 | $18,554 | $29,002,167 | |
| Malaysia | Volume (MT) | 0 | 0 | 14,875 |
| Value (USD) | $0 | $0 | $26,970,472 | |
| Spain | Volume (MT) | 44,552 | 12,651 | 8,859 |
| Value (USD) | $70,031,671 | $21,558,599 | $21,734,224 |
Source: U.S. Census Bureau, accessed through Global Trade Atlas. (HTSUS subheading 7308.20.0020)
The petitioner is the Wind Tower Trade Coalition, whose members are Arcosa Wind Towers, Inc. (Dallas, TX) and Broadwind Towers, Inc. (Manitowoc, WI).
For general information and next steps, please refer to a list of initiation FAQs.
Additional case information including the scope of the investigation are on file electronically via Enforcement and Compliance’s Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). Once you log in, please refer to case numbers:
- A-533-897 & C-533-898 for India AD and CVD, respectively,
- A-557-821 & C-557-822 for Malaysia AD and CVD, respectively, and
- A-469-823 for Spain.
Commerce currently maintains 539 AD and CVD orders which provide relief to American companies and industries impacted by unfair trade.
Since the beginning of the Trump Administration, Commerce has initiated 302 new AD and CVD investigations - this is a 278 percent increase from the comparable period in the previous administration.