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On August 2, 2012, the U.S. Department of Commerce (DOC)
published in the Federal Register its preliminary
determinations in the antidumping (AD) investigations of Wind
Towers from China and Vietnam. DOC calculated preliminary AD
margins for the Chinese mandatory and cooperative respondents
ranging from 20.85 to 30.93 percent, while non-participating
producers will face a margin of 72.69 percent. Pursuant to
its non-market economy (NME) AD calculation methodology, in which
DOC estimates the costs of producing subject merchandise in China
based on costs in a comparable "surrogate" market
economy, DOC preliminarily selected the country recommended by the
foreign producers—Ukraine—as the surrogate,
finding that it provides the most specific information to value
steel plate, the most significant input in the manufacture of wind
towers. For Vietnamese producers, DOC calculated preliminary
AD margins ranging from 52.67 to 59.91 percent; India was selected
as the surrogate country.
Importers of wind towers from China and Vietnam will be required
to post cash deposits at the applicable rate calculated by DOC
starting August 2, 2012. DOC has postponed the deadline for
the final determination in both cases, as well as in the companion
countervailing duty case affecting imports from China only, for the
maximum allowable statutory amount, i.e., until 135 days
after publication of the preliminary determination notices, or
December 17, 2012.
Meanwhile, legislative incentives may also have a great impact
on the industry. The wind industry has urged U.S. Congress to
pass an extension of the production tax credit (PTC), which will
expire at the end of this year. There have been several
proposals in Congress to extend the PTC to wind facilities that are
placed in service after December 31, 2012. Even though in
years past the PTC and other provisions needing extensions to
preserve the current tax treatment have often been extended in the
waning moments of the Congress, it is more difficult than ever to
predict whether such extensions will become law because of the
impending election, the national debt debate and the current
political environment.
For questions on the trade actions, contact David Levine
or Raymond Paretzky.
For questions on the PTC, contact Martha Pugh.
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