
On January 18th 2012, the Department of Commerce initiated AD and CVD investigations of imports of utility scale wind towers from China (AD/CVD) and Vietnam (AD).
For the purpose of AD investigations, dumping occurs when a foreign company sells a product in the United States at less than 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.
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, DMI Industries, Katana Summit LLC and Trinity Structural Towers Inc.
The merchandise covered by these investigations is utility scale wind towers which are the steel towers that support the nacelle (an enclosure for an engine) and rotor blades for use in wind turbines that have electrical power generation capacities in excess of 100 kilowatts.
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.
Imports of the subject merchandise are provided for under the following categories of the Harmonized Tariff Schedule of the United States: (HTSUS 7308.20.0000, 7308.20.0020, and 8502.31.0000). Some HTSUS subheadings include basket categories and may cover both subject and non subject merchandise. Note: Prior to 2011, subject merchandise was classified under HTS 7308.20.0000 and may continue to be to some degree. These HTSUS numbers are provided for convenience and Customs purposes only; the written description of the scope is dispositive.
In 2010, imports of utility scale wind towers from China and Vietnam were valued at an estimated USD 103.6 million and USD 51.9 million, respectively.
The US International Trade Commission is scheduled to make its preliminary injury determinations on or about February 13th 2012.
If the ITC determines that there is a reasonable indication that imports from China and Vietnam are materially injuring, or threatening material injury to, the domestic industry, the investigations will continue, and Commerce will be scheduled to make its CVD and AD preliminary determinations in March and June 2012, respectively.
Alleged Dumping Margins: Country Margin
| Country | Margin |
| China | 213.54% |
| Vietnam | 140.54% to 143.29% |
Estimated Subsidy Rate: Country Subsidy Rate
| Country | Subsidy rate |
| China | Above de minimis |
Case Calendar: Event AD Investigations CVD Investigation
| Event | AD Investigations | CVD Investigation |
| Petitions Filed | 29-Dec-11 | 29-Dec-11 |
| DOC Initiation Date | 18-Jan-12 | 18-Jan-12 |
| ITC Preliminary Determination | 13-Feb-12 | 13-Feb-12 |
| DOC Preliminary Determinations | 6-Jun-12 | 23-Mar-12 |
| DOC Final Determinations | 20-Aug-12 | 6-Jun-12 |
| ITC Final Determination | 4-Oct-12 | 23-Jul-12 |
| Issuance of Orders | 11-Oct-12 | 30-Jul-12 |
Import Statistics
| China | 2008 | 2009 | 2010 |
| Value (USD) | 210,417,000 | 177,732,000 | 103,572,000 |
| Vietnam | 2008 | 2009 | 2010 |
| Value (USD) | 85,607,000 | 67,741,000 | 51,852,000 |
Source: US Bureau of Census










