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New AD/CV Duties Possible on PET Sheet, Wind Towers

Tuesday, July 09, 2019

Separate petitions filed July 9 allege that polyethylene terephthalate sheet from Korea, Mexico, and Oman is being sold at less than fair value in the U.S. market and that utility scale wind towers from Canada, Indonesia, Korea, and Vietnam are being sold at less than fair value and/or benefitting from countervailable subsidies. The alleged average dumping margins are as follows.

- PET sheet: 44.45 to 52.39 percent for Korea, 120.79 percent for Mexico, and 119.23 percent for Oman

- wind towers: 46.32 to 57.7 percent for Canada, 27.23 to 38.58 percent for Indonesia, 350.62 to 422.87 percent for Korea, and 79.96 to 109.86 percent for Vietnam

The PET sheet petition covers raw, pretreated, or primed PET sheet, whether extruded or coextruded, in thicknesses of equal to or greater than 7 mil (0.007 inches) and not exceeding 45 mil (0.045 inches). The scope includes all PET sheet whether made from prime (virgin) inputs or recycled inputs, as well as any blends thereof, and regardless of color, surface treatment, coating, lamination, or other surface finish. Subject goods are currently classified under HTSUS 3920.62.0090.

The wind tower petition covers wind towers, whether or not tapered, and sections thereof. These towers are designed to support the nacelle and rotor blades in a wind turbine with a minimum rated electrical power generation capacity in excess of 100 kilowatts and with a minimum height of 50 meters when fully assembled. Wind towers and sections thereof are included within the scope whether or not they are joined with non-subject goods such as nacelles or rotor blades and whether or not they have internal or external components attached. Subject goods are currently classified under HTSUS 7308.20.0020 or 8502.31.0000. Specifically excluded are nacelles and rotor blades, regardless of whether they are attached to the wind tower, as well as any internal or external components not attached to the wind towers or sections thereof unless shipped with the sections.

The Department of Commerce and the International Trade Commission will next determine whether to launch AD and/or CV duty and injury investigations, respectively, on these products. There are strict statutory deadlines associated with these proceedings, so affected companies that wish to protect their interests should contact Sandler, Travis & Rosenberg as soon as possible.

For more information please contact Kristen Smith at (202) 730-4965.

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