CAFC Grants Voluntary Dismissal Bid in CVD Suit on Korean Electricity Provision

The U.S. Court of Appeals for the Federal Circuit on Jan. 5 granted a motion to dismiss an appeal of a countervailing duty suit from the U.S. and petitioner Nucor Corp. The court lifted the stay in the case and dismissed the case after also considering the "non-participation" of exporters POSCO and Hyundai Steel Co. and the South Korean government (POSCO v. U.S., Fed. Cir. # 22-1576).

At the trial court level, the Court of International Trade sustained the Commerce Department's finding that electricity was not provided below cost in South Korea as part of the CVD investigation on carbon and alloy steel cut-to-length plate from South Korea (see 2206130054).

The case was previously before the appellate court, which remanded the case so Commerce could reconsider its reliance on the preferential-rate standard and its failure to address the Korean Power Exchange's impact on the South Korean electricity market as rendering cost-recovery analysis. The trade court sustained the remand, finding that both items now comply with the appellate court's prior ruling.