CIT Sends Back Countervailability Finding on Korean Emissions Trading Program

The Court of International Trade in a Sept. 29 opinion sent back the Commerce Department's 2019 review of the countervailing duty order on hot-rolled steel flat products from South Korea. Judge Mark Barnett said that Commerce must consider its legal basis for finding that South Korea's emissions trading program is countervailable. While the agency said the South Korean government forewent revenue it was otherwise due by fully allocating emissions permits, Barnett noted a standard allocation of the permits may lead to extra government revenue but will not certainly lead to it. The judge added that Commerce failed to support its position that the program is sufficiently limited to an industry.