Petition Summary: Utility Scale Wind Towers From India, Malaysia, And Spain

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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

--> Scroll to see full table data
  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
--> Scroll to see full table data

[View source.]

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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