The Department of Commerce published its Final Determination in the antidumping (“AD”) and countervailing duty (“CVD”) investigation of Utility Scale Wind Towers from India on October 13, 2021, which investigation was initiated in November 2020. The AD/CVD petition was filed by Wind Tower Trade Coalition (“Petitioner”) and a complete summary of the original petition can be found here.  The mandatory respondent selected by Commerce in both the antidumping and countervailing duty investigation was Vestas Wind Technology India Private Limited (“Vestas”). Continue Reading Commerce Issues Final Determination in AD/CVD Investigation on Utility Scale Wind Towers from India

On November 10, 2020, the U.S. Department of Commerce (“Commerce”) announced the initiation of antidumping (“AD”) and countervailing duty (“CVD”) investigations on Utility Scale Wind Towers from India, Malaysia, and Spain (Spain is AD only). The petitioners in this case are the Wind Tower Trade Coalition. See our previous post summarizing the petition for details on the scope of the investigations and for lists of the importers and exporters named in the petition.

The International Trade Commission (“ITC”) is currently scheduled to make its preliminary determinations on or before December 4, 2020. If the ITC determines that there is reasonable indication that imports of utility scale wind towers materially injure or threaten the U.S. domestic industry, the investigation will continue and Commerce will be scheduled to announce its preliminary CVD determination on January 13, 2021 and its preliminary AD determination on March 29, 2021.  If the ITC’s determinations are negative—finding that imports of utility scale wind towers do not pose a risk of injury to the domestic industry—the investigations will be terminated.

If you have any questions or concerns regarding the AD or CVD investigations on imports of utility scale wind towers, please contact our International Trade and Supply Chain team.

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.

On July 9, 2019, Petitioner Wind Tower Trade Coalition filed a petition for the imposition of antidumping and countervailing duties on imports of Utility Scale Wind Towers from Canada, Indonesia, Korea, and Vietnam. Continue Reading Petition Summary: Utility Scale Wind Towers from Canada, Indonesia, Korea, and Vietnam

On November 5, 2021, the U.S. Department of Commerce published a notice initiating new administrative reviews for antidumping duty (AD) and countervailing duty (CVD) orders with September anniversary dates. Listed below are the countries and products named in the notice: Continue Reading Commerce Initiates New Administrative Reviews on AD/CVD Orders

On October 7, 2021, the U.S. Department of Commerce published a notice initiating new administrative reviews for antidumping duty (AD) and countervailing duty (CVD) orders with August anniversary dates. Listed below are the countries and products named in the notice: Continue Reading Commerce Initiates New Administrative Reviews on AD/CVD Orders

On August 2, 2021, the Department of Commerce (“Commerce”) announced in the Federal Register the opportunity to request an annual administrative review for products that are currently subject to antidumping and countervailing duties. The products and countries that have been listed in the Federal Register notice are the following:

AD

  • Canada: Utility Scale Wind Towers
  • Germany: Sodium Nitrite and Seamless Line and Pressure Pipe
  • India: Finished Carbon Steel Flanges
  • Indonesia: Utility Scale Wind Towers
  • Italy: Finished Carbon Steel Flanges
  • Japan: Brass Sheet & Strip and Tin Mill Products
  • Malaysia: Polyethylene Retail Carrier Bags
  • Mexico: Light-Walled Rectangular Pipe and Tube
  • Republic of Korea: Dioctyl Terephthalate, Large Power Transformers, Light-Walled Rectangular Pipe and Tube, Low Melt Polyester Staple Fiber, and Utility Scale Wind Towers
  • Romania: Carbon and Alloy Seamless Standard, Line, and Pressure Pipe (Under 41⁄2 Inches)
  • Spain: Ripe Olives
  • Socialist Republic of Vietnam: Frozen Fish Fillets and Utility Scale Wind Towers
  • Taiwan: Low Melt Polyester Staple Fiber
  • Thailand: Polyethylene Retail Carrier Bags and Steel Propane Cylinders
  • The People’s Republic of China: Cast Iron Soil Pipe Fittings, Certain Steel Nails, Floor-Standing, Metal-Top Ironing Tables and Parts Thereof, Hydrofluorocarbon Blends and Components Thereof, Laminated Woven Sacks, Light-Walled Rectangular Pipe and Tube, Passenger Vehicle and Light Truck Tires, Petroleum Wax Candles, Polyethylene Retail Carrier Bags, Sodium Nitrite, Stainless Steel Flanges, Steel Propane Cylinders, Sulfanilic Acid, Tetrahydrofurfuryl Alcohol, and Tow-Behind Lawn Groomers and Parts Thereof
  • Ukraine: Silicomanganese

CVD

  • Turkey: Certain Pasta and Steel Concrete Reinforcing Bar
  • Canada: Utility Scale Wind Towers
  • India: Finished Carbon Steel Flanges
  • Indonesia: Utility Scale Wind Towers
  • Republic of Korea: Stainless Steel Sheet and Strip in Coils
  • Spain: Ripe Olives
  • Socialist Republic of Vietnam: Utility Scale Wind Towers
  • The People’s Republic of China: Cast Iron Soil Pipe Fittings, Laminated Woven Sacks, Light-Walled Rectangular Pipe and Tube, Passenger Vehicle and Light Truck Tires, Sodium Nitrite, and Steel Propane Cylinders

As part of this annual review process, Commerce intends to select respondents based on an analysis of U.S. Customs and Border Protection (CBP) data for U.S. imports during the period of review which is released only to legal counsel for interested parties.  Any party wishing to participate in the antidumping and countervailing duty review process, or who may be affected by duties on the products identified in the Federal Register notice, should file a request for review no later than August 31, 2021.  In order to be eligible to participate in the review, a party must either be an exporter or importer of the specific products during the specific time periods identified in the Federal Register notice.

If your company or your suppliers are affected by these reviews, please contact Husch Blackwell’s International Trade and Supply Chain group for assistance.

On February 2, 2021, Commerce announced in the Federal Register the opportunity to request an annual administrative review for products that are currently subject to antidumping and countervailing duties. The products and countries that have been listed in the Federal Register notice are the following:

AD

  • Brazil: Carbon and Alloy Steel Cut-to-Length Plate
  • India: Certain Cut-to-Length Carbon-Quality Steel Plate, Certain Preserved Mushrooms, Certain Frozen Warmwater Shrimp, Stainless Steel Bar
  • Indonesia: Certain Cut-to-Length Carbon-Quality Steel Plate and Certain Preserved Mushrooms
  • Italy: Stainless Steel Butt-Weld Pipe Fittings
  • Japan: Carbon Steel Butt-Weld Pipe Fittings
  • Malaysia: Stainless Steel Butt-Weld Pipe Fittings
  • Mexico: Large Residential Washers
  • Philippines: Stainless Steel Butt-Weld Pipe Fittings
  • Republic of Korea: Certain Cut-to-Length Carbon-Quality Steel Plate
  • Socialist Republic of Vietnam: Certain Frozen Warmwater Shrimp, Steel Wire Garment Hangers, and Utility Scale Wind Towers
  • South Africa: Certain Carbon and Alloy Steel Cut-to-Length Plate
  • Taiwan: Crystalline Silicon Photovoltaic Products and Carbon and Alloy Steel Threaded Rod
  • Thailand: Certain Frozen Warmwater Shrimp
  • People’s Republic of China: Certain Preserved Mushrooms, Common Alloy Aluminum Sheet, Crystalline Silicon Photovoltaic Products, Certain Frozen Warmwater Shrimp, Heavy Forged Hand Tools (With or Without Handles), Large Residential Washers, Rubber Bands, Small Diameter Graphite Electrodes, Truck and Bus Tires, Uncovered Innerspring Units, Utility Scale Wind Towers
  • Turkey: Certain Carbon and Alloy Steel Cut-To-Length Plate

CVD

  • India: Certain Cut-To-Length Carbon-Quality Steel Plate, Prestressed Concrete Steel Wire Strand, Certain Cold-Drawn Mechanical Tubing of Carbon and Alloy Steel
  • Indonesia: Certain Cut-To-Length Carbon-Quality Steel Plate
  • Republic of Korea: Certain Cut-To-Length Carbon-Quality Steel Plate
  • Socialist Republic of Vietnam: Steel Wire Garment Hangers
  • People’s Republic of China: Cold-Drawn Mechanical Tubing, Common Alloy Aluminum Sheets, Crystalline Silicon Photovoltaic Products, Rubber Bands, Truck and Bus Tires, Utility Scale Wind Towers

As part of this annual review process, Commerce intends to select respondents based on an analysis of U.S. Customs and Border Protection (CBP) data for U.S. imports during the period of review which is released only to legal counsel for interested parties.  Any party wishing to participate in the antidumping and countervailing duty review process, or who may be affected by duties on the products identified in the Federal Register notice, should file a request for review no later than February 28, 2021.  In order to be eligible to participate in the review, a party must either be an exporter or importer of the specific products during the specific time periods identified in the Federal Register notice.

If your company or your suppliers are affected by these reviews, please contact Husch Blackwell’s International Trade and Supply Chain group for assistance.

U.S. International Trade Commission

Section 701/731 Proceedings

Investigations
  • Steel Trailer Wheels from the People’s Republic of China: On May 2, 2019, the ITC released the schedule of the final phase of Countervailing Duty and Antidumping Duty Investigations.
  • Fresh Tomatoes from Mexico: On May 14, 2019, the ITC announced that it would terminate its review of the subject merchandise since there is no longer a suspension agreement in place.
  • Steel Wheels from the People’s Republic of China: On May 17, 2019, the ITC announced its final determinations in the Antidumping Duty and Countervailing Duty investigations and found that the importation of steel wheels has caused material injury to a U.S. industry.
  • Laminated Woven Sacks from Vietnam: On May 30, 2019, the ITC announced its final determinations in the Antidumping Duty and Countervailing Duty investigations and found that the importation of the subject merchandise has caused material injury to a U.S. industry.

Continue Reading May Trade Law Update: U.S. International Trade Commission and U.S. Customs & Border Protection