Wind Tower Trade Group to Appeal CIT Decision Over Lack of Countervailable Benefits in CVD Case

The Wind Tower Trade Coalition will appeal a December Court of International Trade decision that sustained the Commerce Department's decision to ultimately find no countervailable subsidization in a countervailing duty investigation of utility scale wind towers from Indonesia. The plaintiff and defendant-intervenor will take the case to the U.S. Court of Appeals for the Federal Circuit, according to the Jan. 20 notice of appeal. The trade court said that Commerce properly found that PT. Krakatau POSCO -- a joint venture between a private South Korean steel company and an Indonesian government-owned firm -- wasn't an authority nor directed by an authority and thus couldn't provide countervailable benefits (see 2112280046). The judge said that while the result of the case may be "disappointing" to the Wind Tower Trade Coalition, it represents a proper application of the law (PT. Kenertec Power System v. U.S., CIT Consol. #20-03687).