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Final Determination in Antidumping Duty and Countervailing Duty Investigations of Utility Scale Wind Towers from India and Malaysia

Final Determinations in the Antidumping and Countervailing Duty Investigations of Utility Scale Wind Towers from India and Malaysia

On October 7, 2021, the Department of Commerce (Commerce) announced its affirmative final determinations in the antidumping duty (AD) investigations of utility scale wind towers from India and Malaysia; and countervailing duty (CVD) investigation of utility scale wind towers from India.

Final Dumping Rates

Country Producer/Exporter Dumping Rates Adjusted Dumping Rate[1]
India Vestas Wind Technology India Private Limited [2],[3] 54.03% 51.87%
Acciona Wind Power India Pvt. Ltd. [3] 54.03% 51.87%
Nordex India Pvt. Ltd [3] 54.03% 51.87%
Prommada Hindustan Private Ltd. [3] 54.03% 51.87%
Vinayaka Energy Tek [3] 54.03% 51.87%
Zeeco India Pvt. Ltd. [3] 54.03% 51.87%
All Others 54.03% 51.87%

 

Country Producer/Exporter Dumping Rate Adjusted Dumping Rate[1]
Malaysia CS Wind Corporation and CS Wind Malaysia Sdn. Bhd. 3.20% 0.00%
All Others 3.20% 0.00%

Final Subsidy Rates

Country Exporter/Producer Subsidy Rate
India Vestas Wind Technology India Private Limited [2] 2.25%
Naiks Brass & Iron Works [3] 397.70%
Nordex India Pvt. [3] 397.70%
Prommada Hindustan [3] 397.70%
Suzlon Energy [3] 397.70%
Vinayaka Energy Tek [3] 397.70%
Wish Energy Solutions Pvt Ltd [3] 397.70%
Zeeco India Pvt. Ltd.[3] 397.70%
All Others 2.25%

[1] Dumping margin adjusted for export subsidy offsets
[2] Mandatory Respondent
[3] Rate was assigned based on facts available of adverse inference.

Event AD Investigation(s) India CVD Investigation[2]
Petitions Filed September 30, 2020 September 30, 2020
DOC Initiation Date November 9, 2020 November 9, 2020
ITC Preliminary Determinations December 4, 2020 December 4, 2020
DOC Preliminary Determinations May 18, 2021 March 19, 2021
DOC Final Determinations October 6, 2021 October 6, 2021
ITC Final Determinations November 22, 2021[3] November 22, 2021
Issuance of Orders [1] November 29, 2021 November 29, 2021

[1] This will take place only in the event of affirmative final determinations from Commerce and the International Trade Commission (ITC).
[2] The CVD final determination for Malaysia was announced on June 3, 2021.
[3]Because the preliminary determination in the AD investigation of wind towers from Malaysia was negative but the final determination is affirmative, the ITC’s final determination shall be made within 75 days after the date of Commerce’s final determination, in accordance with section 735(b)(3) of the Act, which is December 20, 2021.
Note: Commerce preliminary and final determination deadlines are governed by statute. For AD investigations, the deadlines are set forth in section 733(b) and 735(a)(1) of the Tariff Act of 1930, as amended (the Act). For CVD investigations, the deadlines are set forth in sections 703(b) and 705(a) of the Act.

Country Volume/Value 2018 2019 2020
India Volume (MT) 9 18,460 103,856
Value (USD) $18,554 $29,002,167 $136,987,429
Malaysia Volume (MT) 0 14,875 67,232
Value (USD) $0 $26,970,472 $114,733,847

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 FAQs for the final determination.

Additional case information including the scope of the investigations 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 and C-533-822 for India AD and CVD, respectively; and A-557-821 for Malaysia

Commerce currently maintains 634 AD and CVD orders which provide relief to American companies and industries impacted by unfair trade.