Wind Towers: Details of AD/CV Duty Orders for India and Malaysia
The Commerce Department on Dec. 3 released antidumping duty orders on utility scale wind towers from India and Malaysia (A-533-897, A-557-821), and a countervailing duty order on utility scale wind towers from India (C-533-898). The orders set permanent antidumping and countervailing duties, which will remain in place unless revoked by Commerce in a sunset or changed circumstances review. Commerce will now begin conducting annual administrative reviews, if requested, to determine final assessments of AD/CV duties on importers and make changes to cash deposit rates.
Sign up for a free preview to unlock the rest of this article
Communications Daily is required reading for senior executives at top telecom corporations, law firms, lobbying organizations, associations and government agencies (including the FCC). Join them today!
The order details a “gap period” of no CV duty liability for subject merchandise from India entered July 23, 2021, through Dec. 2, 2021, and of no AD duty liability for subject merchandise from India and Malaysia entered Nov. 20, 2021 through Dec. 2, 2021. Commerce may only suspend liquidation for a four-month period after its preliminary CV duty determination, issued March 25, 2021, and for six months after its preliminary AD duty determinations, issued May 24, 2021, without an International Trade Commission final affirmative injury determination in place. Commerce will order CBP to liquidate, without regard to AD or CV duties, any entries during these respective gap periods.
Subject merchandise from India entered during the CV duty gap period but outside the AD duty gap period (i.e., July 23, 2021, through Nov. 19, 2021) will only be assessed AD duties.
Commerce issued a CV duty order on wind towers from Malaysia in August and resumed CV duty suspension of liquidation as of July 30 (see 2108110026). As a result, subject merchandise from Malaysia entered during the AD duty gap period will only be assessed CV duties.
Commerce also recently issued an AD duty order on wind towers from Spain (see 2108180040).
AD/CV Suspension of Liq Instructions
Suspension of liquidation resumes for all entries of subject merchandise entered on or after Dec. 3 (as noted above, CV duty suspension of liquidation for Malaysia was already in effect as of that date), the date that the final ITC affirmative injury determination was published.
CV Cash Deposit Instructions
Beginning Dec. 3, Commerce will require importers to pay CV duty cash deposits for all entries at the following rates:
India
| Company | CV Rate |
|---|---|
| Vestas Wind Technology India Private Limited | 2.25% |
| Naiks Brass & Iron Works | 397.7% |
| Nordex India Pvt. | 397.7% |
| Prommada Hindustan | 397.7% |
| Suzlon Energy | 397.7% |
| Vinayaka Energy Tek | 397.7% |
| Wish Energy Solutions Pvt Ltd | 397.7% |
| Zeeco India Pvt. Ltd. | 397.7% |
| All Others | 2.25% |
AD Cash Deposit Instructions
An AD cash deposit requirement is also in effect for subject merchandise entered on or after Dec. 3 equal to the rates listed below:
India
| Exporter/Producer | AD Rate | Adjusted* |
|---|---|---|
| Vestas Wind Technology India Private Limited | 54.03% | 51.87% |
| Acciona Wind Power India Pvt. Ltd. | 54.03% | 51.87% |
| Nordex India Pvt. Ltd. | 54.03% | 51.87% |
| Prommada Hindustan Private Ltd. | 54.03% | 51.87% |
| Vinayaka Energy Tek | 54.03% | 51.87% |
| Zeeco India Pvt. Ltd. | 54.03% | 51.87% |
| All Others | 54.03% | 51.87% |
Malaysia
| Exporter/Producer | AD Rate | Adjusted* |
|---|---|---|
| CS Wind Corporation/CS Wind Malaysia Sdn Bhd | 3.2% | zero |
| All Others | 3.2% | zero |
*As adjusted for export subsidies found in concurrent countervailing duty proceedings. This rate is the cash deposit rate for AD duty purposes.
(See the notices for additional details, including the full scope description, etc. See 2110120025 and 2110120029 for a summary of the final AD and CV duty determinations.)