Final Determination in Antidumping Duty 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.