CIT Remands Findings on Electricity Provision, Cap and Trade Program in CVD Review
The Court of International Trade on Aug. 8 sent back the Commerce Department's 2021 review of the countervailing duty order on carbon and alloy steel cut-to-length plate from South Korea. Judge Jane Restani remanded Commerce's finding that the Korean government's…
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provision of subsidized electricity is de facto specific, faulting the agency for grouping the steel industry with two unrelated industries to assess whether the industries predominantly used electricity. The judge also warned against countervailing the provision of electricity, which is of the type of general subsidy barred from being countervailed under the CVD statute. Restani also sent back the decision to countervail the allocation of additional carbon emissions credits under the Korean cap and trade program. Restani rejected the findings that the extra credits are a "financial contribution" and are de jure specific.