CIT Upholds CVD Case Over Provision of Electricity in South Korea
The Commerce Department properly found that electricity in South Korea wasn't provided to two countervailing duty respondents for less than adequate remuneration, the Court of International Trade said in a June 13 opinion. Judge Jennifer Choe-Groves said that the position…
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is backed by substantial evidence and in line with the Court of Appeals for the Federal Circuit's prior ruling in the case. The Federal Circuit previously said that Commerce's reliance on a preferential-rate standard was illegal and that the agency failed to address the Korean Power Exchange's impact on the South Korean electricity market. Both issues were addressed, leading to Choe-Groves to sustain the remand.