On September 30, 2020, the Wind Tower Trade Coalition (“Petitioner”), filed a petition for the imposition of antidumping duties on utility scale wind towers from India, Malaysia, and Spain. Additionally, the petition alleges that imports of utility scale wind towers from India and Malaysia are unfairly subsidized and requests the imposition of countervailing duties.
SCOPE OF THE INVESTIGATION
The merchandise covered by these petitions consists of certain wind towers, whether or not tapered, and sections thereof. Certain wind towers support the nacelle and rotor blades in a wind turbine with a minimum rated electrical power generation capacity in excess of 100 kilowatts and with a minimum height of 50 meters measured from the base of the tower to the bottom of the nacelle (i.e., where the top of the tower and nacelle are joined) when fully assembled.
A wind tower section consists of, at a minimum, multiple steel plates rolled into cylindrical or conical shapes and welded together (or otherwise attached) to form a steel shell, regardless of coating, end-finish, painting, treatment, or method of manufacture, and with or without flanges, doors, or internal or external components (e.g., flooring/decking, ladders, lifts, electrical buss boxes, electrical cabling, conduit, cable harness for nacelle generator, interior lighting, tool and storage lockers) attached to the wind tower section. Several wind tower sections are normally required to form a completed wind tower.
Wind towers and sections thereof are included within the scope whether or not they are joined with nonsubject merchandise, such as nacelles or rotor blades, and whether or not they have internal or external components attached to the subject merchandise.
Specifically excluded from the scope are nacelles and rotor blades, regardless of whether they are attached to the wind tower. Also excluded are any internal or. external components which are not attached to the wind towers or sections thereof, unless those components are shipped with the tower sections.
Merchandise covered by these orders is currently classified in the Harmonized Tariff Schedule of the United States (HTSUS) under subheading 7308.20.0020 or 8502.31.0000. Wind towers of iron or steel are classified under HTSUS 7308.20.0020 when imported separately as a tower or tower section(s). Wind towers may be classified under HTSUS 8502.31.0000 when imported as combination goods with a wind turbine (i.e., accompanying nacelles and/or rotor blades). While the HTSUS subheadings are provided for convenience and customs purposes, the written description of the scope of these orders is dispositive.
PETITIONERS
Arcosa Wind Towers Inc.
500 N. Akard Street, Suite 400
Dallas, TX 75201
Phone: 972.942.6582
Contact Person: Kerry S. Cole, President
Email: kerry.cole@arcosa.com
Broadwind Towers, Inc.
Broadwind Towers
101 S 16th Street
Manitowoc, WI 54220
Phone: 920-482-3515
Contact Person: Eric B. Blashford, President
Email: eric.blashford@bwen.com
COUNSEL FOR PETITIONERS
Alan H. Price
WILEY REIN LLP
1776 K Street N.W.
Washington, DC 20006
(202) 719-7000
NAMED PRODUCERS/EXPORTERS
For a list of foreign producers/exporters alleged by Petitioner, please see Attachment I .
NAMED IMPORTERS
For a list of importers alleged by Petitioner, please see Attachment II .
ESTIMATED SCHEDULE
Event | Earliest Date |
Petition Filed | September 30, 2020 |
DOC Initiation | October 20, 2020 |
ITC Preliminary Investigation: | |
Questionnaires Due | October 14, 2020 |
Request to appear at hearing | October 19, 2020 |
Hearing | October 21, 2020 |
Briefs | October 26, 2020 |
ITC Vote | November 16, 2020 |
DOC Investigation Schedule: | |
DOC Preliminary Antidumping Determination | March 9, 2021 |
DOC Preliminary Countervailing Determination | December 24, 2020 |
DOC Final Antidumping Determination | May 24, 2021 |
DOC Final Countervailing Determination | March 9, 2021 |
ITC Final Investigation: | |
ITC Final AD Determination | July 7, 2021 |
ITC Final CVD Determination | April 23, 2021 |
ALLEGED DUMPING MARGINS
India: 71.80%
Malaysia: 55.88%
Spain: 83.66%
ALLEGED SUBSIDIES
For a list of alleged countervailing duty programs, please see Attachment III .
IMPORTS OF SUBJECT MERCHANDISE
2017 | 2018 | 2019 | Jan – Jun 2019 | Jan – Jun 2020 | |
India | |||||
Quantity(KG) | 20,104 | 8,799 | 18,459,553 | 265,044 | 44,178,286 |
Value ($) | 186,169 | 21,054 | 34,045,257 | 867,497 | 80,289,547 |
AUV ($/KG) | 9.26 | 2.39 | 1.84 | 3.27 | 1.82 |
Malaysia | |||||
Quantity(KG) | 0 | 0 | 14,874,800 | 2,570,000 | 20,077,699 |
Value ($) | 0 | 0 | 28,485,736 | 4,162,880 | 38,479,532 |
AUV ($/KG) | – | – | 1.92 | 1.62 | 1.92 |
Spain | |||||
Quantity(KG) | 44,552,197 | 12,650,900 | 8,858,890 | 4,301,080 | 28,070,325 |
Value ($) | 91,498,492 | 29,268,356 | 23,966,967 | 13,667,660 | 72,027,512 |
AUV ($/KG) | 2.05 | 2.31 | 2.71 | 3.18 | 2.57 |
CONTACT US
For more information concerning this petition and how it may affect your business, please contact Jeffrey Neeley, Nithya Nagarajan, or Stephen Brophy.