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CIT Sends Back De Facto Specificity Finding Regarding Korean Electricity Provision

The Court of International Trade in a decision made public Dec. 17 sustained in part and remanded in part the Commerce Department's 2021 review of the countervailing duty order on cut-to-length carbon-quality steel plate from South Korea. Judge Claire Kelly…

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sent back Commerce's finding of de facto specificity regarding the Korean government's alleged provision of electricity for less than adequate remuneration, holding that the agency failed to give an explanation for its finding that the benefit received by a "group of entities and industries it identifies is disproportionate." However, the judge upheld Commerce's refusal to accept the 2021 cost information from the state electricity company, KEPCO, as being untimely filed.