China/Vietnam Utility Scale Wind Towers: Deadlines for New AD/CV Investigations
The International Trade Administration has issued Federal Register notices on its recently initiated antidumping and countervailing duty investigations on utility scale wind towers from China and Vietnam (A-570-981, A-552-814), and C-570-982). The ITA will determine whether imports of utility scale wind towers from China and Vietnam are being, or are likely to be, sold in the U.S. at less than fair value, and whether manufacturers, producers, or exporters of utility scale wind towers in China receive countervailable subsidies.
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The AD period of investigation for China and Vietnam is April 1, 2011 through September 30, 2011; however, the petitioner has requested that the ITA consider expanding the period of investigation to include more than two fiscal quarters. The CV period of investigation is January 1, 2011 through December 31, 2011.
Alleged AD/CV Margins
An ITA fact sheet states that the alleged dumping margins for utility scale wind towers from China are 213.54% and from Vietnam are 140.54-143.29%. The ITA will calculate combination rates for certain respondents that are eligible for a separate rate in these investigations. The alleged CV margin for China is above de minimis (i.e., above more than 1% or 2%, depending on country's stage of development).
AD Respondent Selection for China and Vietnam
China. For the China investigation, the ITA will request quantity and value information from known exporters/producers identified with complete contact information in the petitions and supplements. The quantity and value data received from NME exporters/producers in China will be used as the basis to select the mandatory respondents.
The China Q&V questionnaire is available here. Responses to the Q&V questionnaire are due no later than February 8, 2012.
Vietnam. For the Vietnam investigation, the petitioner listed only two known exporters/producers in its petition and the ITA will send these two companies the ITA's Q&V questionnaire.
CV Respondent Selection for China
For the CV investigation, the ITA expects to select respondents based on U.S. Customs and Border Protection (CBP) data for U.S. imports during the period of investigation. Interested parties may submit comments regarding the CBP data and respondent selection by 5:00 p.m. EST of the seventh calendar day of the publication of the ITA's initiation notice (i.e., by approximately January 31, 2012). The ITA intends to make its decision regarding respondent selection within 20 days of January 24, 2012 (i.e., by approximately February 13, 2012)
China/Vietnam AD Separate Rate Applications
For AD investigations involving NME countries such as China and Vietnam, the ITA requires that respondents submit a response to both the Q&V questionnaire and the separate rate application by the respective deadlines in order to receive consideration for separate rate status.
In the Vietnam investigation, the ITA will request information regarding the separate rate eligibility in the Q&V questionnaire being sent to the two known exporters/producers identified in the petition. If any other Vietnamese exporters/producers wish to file a separate rate application, they must follow the instructions in the application.
Separate-rate status applications are due by March 26, 2012.
The separate rate application for China is available here and the Vietnam separate rate application available here
Targeted Dumping Allegations
Any interested party that wishes to make a targeted dumping allegation in the AD investigations may submit allegations no later than 45 days before June 6, 2012 (the scheduled date of the ITA’s preliminary determination)1.
Scope of the AD/CV Investigations
The merchandise covered by these investigations are certain wind towers, whether or not tapered, and sections thereof. Certain wind towers are designed to 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.
Merchandise covered by these investigations are currently classified in the Harmonized Tariff System of the United States (“HTSUS”) under subheadings 7308.20.00202 or 8502.31.00003. Prior to 2011, merchandise covered by these investigations was classified in the HTSUS under subheading 7308.20.0000 and may continue to be to some degree. While the HTSUS subheadings are provided for convenience and customs purposes, the written description of the scope of the investigation is dispositive.
Comments on Scope Due by Feb 7
The ITA notes that the petitioner submitted revised scope language, including a substantive provision. The ITA invites comments on the scope by 5:00 p.m. EST on February 7, 2012. Rebuttal comments must be received by February 14, 2012.
Investigations Timetable
| Event | AD Investigations | CV Investigation |
|---|---|---|
| Petitions filed | 12/29/11 | 12/29/11 |
| ITA initiation date | 01/18/12 | 01/18/12 |
| ITC prelim determination4 | 02/13/12 | 02/13/12 |
| ITA prelim determinations5 | 06/06/12 | 03/23/12 |
| ITA final determinations5 | 08/20/12 | 06/06/12 |
| ITC final determination6 | 10/04/12 | 07/23/12 |
| Issuance of orders7 | 10/11/12 | 07/30/12 |
1Note that in December 2008, the ITA issued an interim final rule for the purposes of withdrawing the regulations governing targeted dumping analysis in AD duty investigations. (See ITT's Online Archives 08121525 and 09011535 for summaries of the interim final rule and extension of the comment period.)
2 Wind towers are classified under HTSUS 7308.20.0020 when imported as a tower or tower section(s) alone.
3Wind towers may also be classified under HTSUS 8502.31.0000 when imported as part of a wind turbine (i.e., accompanying nacelles and/or rotor blades).
4If the ITC makes a negative determination of injury, the investigations are terminated.
5These deadlines may be extended under the governing statute.
6This will take place only in the event of ITA final affirmative determinations
7This will take place only in the event of ITA and ITC final affirmative determinations
China/Vietnam AD notice (FR Pub 01/24/12) available here
China CV notice (01/24/12) available here
ITA fact sheet available here