CIT Again Grants Redo of CVD Review Over Korean Sewerage Fees Program

The Court of International Trade granted the Commerce Department's voluntary bid to reconsider its decision to countervail the reduction for sewerage fees program in South Korea due to its "new understanding of Korean law," the trade court said in a Jan. 11 order. Commerce requested the do-over in a remand motion in which the plaintiff, Hyundai Steel, consented to the voluntary bid while the defendant-intervenor, Nucor Tubular, took no position on the matter (Hyundai Steel Company v. U.S., CIT #21-00304).

The voluntary remand motion is the second of its kind after Commerce requested, and was granted, a redo of its consideration of the sewerage fees program in another case over a countervailing duty review (see 2111090034). Remand results are still outstanding in that case, also brought by Hyundai Steel.

The remand motion at issue here comes in a dispute over the 2018 administrative review of the countervailing duty order on corrosion-resistant steel products (CORE) from South Korea. Hyundai Steel challenged Commerce's finding that it received a financial contribution from the South Korean government with respect to sewerage fees and a countervailable benefit from the government with respect to sewerage fees payments.

"On remand, Commerce will re-evaluate whether -- based on its new understanding of Korean law -- Hyundai Steel qualifies for a reduction," the brief said. "In light of its increased understanding of the Reduction for Sewerage Fees program and Korean law, Commerce requested and was granted a voluntary remand to reconsider the countervailability of the program in the 2018 administrative review of CTL Plate from Korea. ... Commerce now requests a voluntary remand in this case to reconsider the countervailability of this program in the 2018 administrative review of CORE from Korea to ensure consistency in the treatment of this program across cases."