CIT Again Remands Decision Not to Investigate Off-Peak Sale of Electricity in Korean CVD Case
The Court of International Trade in a confidential Aug. 21 opinion again sent back the Commerce Department's decision not to investigate the alleged off-peak sale of electricity below cost as part of the 2018 review of the countervailing duty order on carbon and alloy steel cut-to-length plate from South Korea. Judge Mark Barnett also remanded for a second time the agency's decision not to treat POSCO Plantec, an affiliate of respondent POSCO, as a cross-owned input supplier of POSCO regarding the supply of scrap (Nucor Corp. v. United States, CIT # 21-00182).
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Barnett gave Commerce until Nov. 20 to file its remand, unless it decides to investigate whether off-peak electricity is provided for less than adequate remuneration, in which case the parties can file a status report addressing any further time needed. In a letter to the litigants, the judge gave the parties until Aug. 28 to review the confidential information in the opinion.
The court previously held that Commerce didn't address whether the off-peak supply of electricity within South Korea's electricity provision system can constitute a distinct subsidy program (see 2210130077).