Fed. Circ. Slams Commerce's Outdated Subsidy Analysis

Law360 (October 16, 2020, 8:46 PM EDT) -- The Federal Circuit has dinged the U.S. Department of Commerce for once again relying on an outdated standard to determine that South Korea had not subsidized steel producers by supplying them with low-cost electricity.

A three-judge panel vacated Commerce's decision against countervailing duties on Korean cold-rolled steel producers, finding that the department had fallen short in its investigation by looking only at the rates charged by the national energy provider, Korea Electric Power Corp., without examining whether those prices reflected the costs KEPCO paid to purchase electricity on the Korea Power Exchange, the country's wholesale energy market.

"Commerce failed to investigate...

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