On December 18th,2012,the Department of Commerce announced its affirmative final determinations in the antidumping duty and countervailing duty investigations of imports of utility scale wind towers from China and Vietnam.
The AD and CVD laws provide US businesses,workers,and farmers with a transparent and internationally approved mechanism to seek relief from the market distorting effects caused by injurious dumping and subsidization of imports into the United States,and thus to have an opportunity to compete on a level playing field.
For the purpose of AD investigations,dumping occurs when a foreign company sells a product in the United States at less than its fair value.For the purpose of CVD investigations,countervailable subsidies are financial assistance from foreign governments that benefit the production of goods from foreign companies and are limited to specific enterprises or industries,or are contingent either upon export performance or upon the use of domestic goods over imported goods.
Commerce determined that producers/exporters from China and Vietnam have sold utility scale wind towers in the United States at dumping margins of 44.99%to 70.63%and 51.50%to 58.49%respectively.
Commerce also determined that producers/exporters from China have received countervailable subsidies of 21.86%to 34.81%
In the China AD investigation,mandatory respondents Chengxi Shipyard Co,Ltd and Titan Wind Energy(Suzhou)Co Ltd were determined to have final dumping margins of 47.59%and 44.90%respectively.Three other exporters qualified for a separate rate of 46.38%.All other producers/exporters from China received a final dumping margin of 70.63%
In the China CVD investigation,mandatory respondent CS Wind China Co Ltd,CS Wind Tech(Shanghai)Co Ltd and CS Wind Corporation(collectively,CS Wind)was determined to have a final net subsidy rate of 21.86%.Mandatory respondent Titan Wind Energy(Suzhou)Co,Ltd(Titan Wind),Titan Lianyungang Metal Product Co Ltd(Titan Lianyungang),Baotou Titan Wind Power Equipment Co Ltd(Titan Baotou)and Shenyang Titan Metal Co Ltd(Titan Shenyang)(collectively,Titan Companies)was determined to have a final net subsidy rate of 34.81%.All other producers/exporters from China received a final net subsidy rate of 28.34%
In the Vietnam AD investigation,mandatory respondent,CS Wind Corporation and CS Wind Vietnam Co Ltd was determined to have a final dumping margin of 51.50%.All other producers/exporters from Vietnam received a final dumping margin of 58.49%
As a result of the final AD determinations,Commerce will instruct US Customs and Border Protection to collect cash deposits equal to the applicable weighted-average dumping margins.As a result of the affirmative final CVD determination,Commerce will order the resumption of the suspension of liquidation and require a cash deposit equal to the final net subsidy rates if the US International Trade Commission issues a final affirmative injury determination.
In the CVD investigation,Commerce concluded that all producers and exporters benefited from an export subsidy.Commerce,in accordance with the statute,is required to adjust the China AD rates to account for such export subsidies.In keeping with Commerce's practice in investigations,if Commerce orders the resumption of the suspension of liquidation and requires a cash deposit equal to the final subsidy rates,Commerce will require cash deposits in the China AD proceeding equal to the calculated dumping margins reduced by the appropriate export subsidy rates.
The petitioner for these investigations is the Wind Tower Trade Coalition.The Wind Tower Trade Coalition is comprised of the following member companies:Broadwind Towers,Inc(Manitowoc,WI);DMI Industries(Fargo,ND);Katana Summit LLC(Columbus,NE)and Trinity Structural Towers,Inc(Dallas,TX).
