CIT Remands Decision Not to Investigate Off-Peak Sale of Electricity for LTAR

The Court of International Trade in an April 19 decision made public April 29 remanded the Commerce Department's second remand results in a case on the 2018 review of the countervailing duty order on carbon and alloy steel cut-to-length plate from South Korea. Judge Mark Barnett for the third time sent back Commerce's decision not to start an investigation into the countervailability of the off-peak sale of electricity. The court said Commerce must address an allegation made by petitioner Nucor Cop. and explain why evidence the company submitted is "insufficient" for the agency to investigate the "off-peak pricing" under the existing "low standard" to open an investigation. Barnett also sustained Commerce's finding that exporter POSCO and input supplier Plantec aren't "cross-owned" due to Nucor's failure to raise the issue administratively.