CIT remands Commerce's de facto specificity finding in Hyundai Steel CVD review

The U.S. Court of International Trade, in Slip Op. 26-52, Court No. 23-00211, remanded Commerce's second redetermination in the 2021 administrative review of the countervailing duty order on certain cut-to-length carbon-quality steel plate from the Republic of Korea, holding that Commerce's finding that the electricity subsidy Hyundai Steel received was de facto specific under 19 U.S.C. § 1677(5A)(D)(iii)(III) is unsupported by substantial evidence. Commerce had found the Electricity Program specific because Hyundai's share of industrial-class electricity consumption exceeded its contribution to Korea's 2021 GDP. The court ordered further consideration on remand.