CIT Denies Stay in CVD Case on Provision of Electricity for LTAR in South Korea
The Court of International Trade denied countervailing duty petitioner Nucor Corp.'s motion for a stay in a case involving the 2019 administrative review of the CVD order on carbon and alloy steel cut-to-length plate from South Korea. Judge Mark Barnett said the court ruled on a similar stay request in a different case also brought by Nucor, finding in both instances that "Nucor's desire to avoid duplicative efforts is not the type of 'pressing need' meriting an indefinite stay" (Nucor Corp. v. United States, CIT # 23-00003).
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Nucor wanted the case stayed pending resolution of litigation on the 2018 review, claiming that both cases concerned whether electricity was provided for less-than-adequate remuneration in South Korea. Barnett added that Nucor's stay request was "even less persuasive" due to "the presence of an additional claim concerning Commerce’s decision not to conduct verification."