Nucor Corp. v. United States

In 2016, the U.S. Department of Commerce issued its final determination in its investigation into whether the Korean government had provided, to Korean producers and exporters of certain corrosion-resistant steel products (CORE), subsidies warranting the imposition of countervailing duties on the products when imported into the United States. Nucor and other U.S. CORE producers, which had requested the investigation, alleged that the Korean government had provided subsidies through its sale of electricity to Korean CORE producers. Korea Electric Power Corporation (KEPCO) as the seller of electricity to users in Korea, including the CORE producers at issue. The Korean government owns and controls KEPCO, including regulating KEPCO’s prices. Only a minimal amount of electricity is supplied directly to consumers on a localized basis by independent power producers. Commerce found no such electricity-sale subsidy while finding some other subsidies. The Court of International Trade affirmed as to electricity sales. The Federal Circuit affirmed. Commerce’s decision is with the statute because Commerce found not only that KEPCO’s pricing was non-discriminatory but also that the pricing ensured cost recovery. View "Nucor Corp. v. United States" on Justia Law