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Initiation of Antidumping Duty and Countervailing Duty Investigations of Utility Scale Wind Towers from India, Malaysia, and Spain

Decision to Initiate Antidumping 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.