CIT Sustains Commerce Flip to Negative Determination in Indonesian Wind Towers CVD Investigation

The Court of International Trade on Dec. 28 sustained the Commerce Department's flip to a final negative determination in the countervailing duty investigation of utility-scale wind towers from Indonesia. Judge Jane Restani, in her second opinion of the day, agreed with Commerce's determination on remand that Krakatau POSCO -- a joint venture between a private South Korean steel company and an Indonesian government-owned company -- is neither an authority nor directed by an authority and therefore can't provide subsidies to the CVD respondents. The court also found that Commerce properly reached a negative upstream subsidy determination for the Rediscount Loan Program. Commerce had issued the order, now slated for revocation, in 2020.