CIT Upholds Parts, Sends Back Parts of CTL Plate CVD Review
The Court of International Trade in an Oct. 5 opinion made public Oct. 12 upheld parts and sent back parts of the Commerce Department's final results in the 2018 administrative review of the countervailing duty order on carbon and alloy steel cut-to-length plate from South Korea. Judge Mark Barnett held that Commerce must reconsider or further explain its decision not to investigate off-peak electricity sold for less than adequate remuneration and its decision not to treat respondent POSCO's affiliate POSCO Plantec as a cross-owned input supplier for the supply of scrap.
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Barnett upheld in part and remanded in part Commerce's determination that Plantec's services and raw materials or fixed assets supplied to POSCO are not tied specifically to the production of any steel products. The judge sustained Commerce's decision not to find Plantec to be a cross-owned input supplier of services and raw materials or fixed assets to POSCO, except for one unnamed fixed asset, remanding that item to Commerce for further explanation.