China Wind Towers; Details of AD Order; Only Effective After Feb; 13
The International Trade Administration issued an antidumping duty order on utility scale wind towers from China (A-570-981). Because the International Trade Commission did not find that injury to U.S. industry would have occurred if not for suspension of liquidation after the preliminary determination, the ITA will not assess AD duties on subject merchandise entered between the Aug. 2 preliminary determination and the Feb. 13 ITC injury determination, and will refund cash deposits collected during that period.
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(The ITA also issued an order for the companion countervailing duty determination. See ITT's Online Archives 13021421 for summary of the CV duty order.)
No AD Suspension of Liq or AD Duties for Aug. 2 - Feb. 12; Cash Deposits Refunded
The ITA may only assess antidumping duties on entries made before the effective date of the order if the ITC finds that suspension of liquidation before the order spared domestic industry from injury. In this case, although the ITC found that domestic industry is injured or threatened with injury by imports of subject merchandise, it did not find that pre-order suspension of liquidation prevented injury to domestic industry. As such, the ITA cannot assess antidumping duties on entries made before the Feb. 13 ITC final injury determination.
The ITA will instruct CBP to terminate suspension of liquidation for entries of subject merchandise entered, or withdrawn from consumption, before Feb. 13. Such entries will be liquidated without regard to AD duties. Cash deposits collected as a result of the ITA’s Aug. 2 preliminary determination will be refunded.
AD Suspension of Liq Instructions
The ITA will instruct CBP to suspend liquidation for all entries of subject merchandise from China entered on or after Feb. 13, the date that the final ITC affirmative injury determination was published.
AD Cash Deposit Instructions
An AD cash deposit requirement is also in effect for subject merchandise from China with entered on or after Feb. 13.
The ITA will instruct CBP to require, at the same time as importers deposit estimated duties, a cash deposit equal to the following AD duty rates for all entries of subject merchandise from China entered on or after Feb. 13, as adjusted for export subsidies found in the companion CV investigation:
| Exporter | AD Rate* |
|---|---|
| Chengxi Shipyard Co., Ltd. | 47.59% |
| Titan Wind Energy (Suzhou) Co., Ltd. | 44.99% |
| Titan Wind Energy (Suzhou) Co., Ltd. | 44.99% |
| CS Wind Corporation | 46.38% |
| Guodian United Power Technology Baoding Co., Ltd. | 46.38% |
| Sinovel Wind Group Co., Ltd. | 46.38% |
| China-wide Entity1 | 70.63% |
*Unadjusted for export subsidies.
1Includes AVIC International Renewable Energy Co., Ltd.
(See notice for additional details, including the full scope description, the assessment instructions, etc. See ITT's Online Archives 13012223 for summary of ITC’s final affirmative injury determination. See ITT's Online Archives 12122130 for summary of the ITA’s AD final determination.)
ITC final injury determination published (FR Pub 02/13/13) available here.
ITA contact -- Lilit Astvatsatrian (202) 482-6412
(FR Pub 02/15/13)