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Vietnam 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 Vietnam (A-570-981). The ITA revised its calculations of AD rates, causing them to increase slightly. 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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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The ITA will instruct CBP to terminate suspension of liquidation for entries of subject merchandise entered, or withdrawn from consumption, before Feb. 13.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 Vietnam entered on or after Feb. 13, the date that the final ITC affirmative injury determination was published.

AD Cash Deposit Rates Revised

An AD cash deposit requirement is also in effect for subject merchandise from Vietnam with entered on or after Feb. 13. The ITA revised the rates it calculated in the final determination, resulting in a slight increase.

The ITA will instruct CBP to require, at the same time as importers deposit estimated duties, a cash deposit equal to the following revised AD duty rates for all entries of subject merchandise from Vietnam entered on or after Feb. 13:

ExporterAD Rate
CS Wind Vietnam Co., Ltd. / CS Wind Corporation51.54%
Vietnam-wide Entity158.54%

1Includes Vina-Halla Heavy Industries 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 12122131 for summary of the ITA’s AD final determination.)

ITC final injury determination published (FR Pub 02/13/13) available here.

ITA contact -- Magd Zalok (202) 482-4162

(FR Pub 02/15/13)