CIT Upholds de Facto Specificity Finding for Korea's Cap and Trade Program in Confidential Decision
The Court of International Trade sustained the Commerce Department's second remand results in a case on the 2019 administrative review of the countervailing duty order on hot-rolled steel flat products from South Korea, in a confidential decision. Judge Mark Barnett…
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gave the parties until Sept. 29 to review the confidential information in the decision. In the remand results, Commerce said the Korean government's full allotment of emissions permits under the Korean Emissions Trading System was de facto specific, switching its previous determination that the full allotment was de jure specific following a remand order from Barnett (see 2407310039). Opening the record on remand, the agency added new data to the record and, with this data, said 504 companies got the full 100% allotment of the permits and that over 787,000 companies operated in Korea in 2019, meaning the program can't be considered "widely used" throughout the economy (Hyundai Steel Co. v. United States, CIT # 22-00170).