Key Facts

- On October 27, 2026, the U.S. Court of International Trade issued its final judgment in POSCO v. United States, sustaining the Department of Commerce’s second remand results for the 2021 countervailing duty review of Korean steel plate. [1]

- The judgment pertained to the administrative review of the countervailing duty order on certain carbon and alloy steel cut‑to‑length plate from the Republic of Korea covering the period January 1 through December 31, 2021. [1]

- Commerce noted that the CIT’s final judgment is not in harmony with its own final results and therefore will amend the countervailable subsidy rate assigned to POSCO Co., Ltd. [1]

- The amendment concerns only the subsidy rate for POSCO and does not affect other Korean exporters covered by the same CVD order. [1]

- The notice of the amendment was published in the Federal Register on November 6, 2026. [1]

Court Decision Triggers Commerce Amendment

The Federal Register notice dated November 6, 2026 records that the Court of International Trade’s final judgment on October 27, 2026 upheld the Department of Commerce’s second‑remand findings for the 2021 administrative review of the countervailing duty order on Korean carbon and alloy steel cut‑to‑length plate. The judgment explicitly affirmed the second‑remand results, which had been the subject of an earlier administrative review covering the calendar year 2021. By sustaining those results, the court effectively confirmed the subsidy calculations that Commerce had previously applied to POSCO Co., Ltd., but it also highlighted a discrepancy between the court’s findings and Commerce’s published final results. Commerce therefore announced that the court’s decision “is not in harmony” with its own final results and that it will issue an amendment to the subsidy rate specifically for POSCO. This procedural step reflects the statutory requirement that the Department align its final determinations with judicial rulings when inconsistencies arise.

The background to this action lies in the statutory framework governing countervailing duties, which authorizes Commerce to investigate and assign subsidy rates to foreign producers whose governments provide countervailable subsidies. The original CVD order on Korean steel plate was instituted to offset such subsidies and protect U.S. producers. The administrative review for 2021, which is the focus of the court case, re‑examined the subsidy rates applied during that year. The second remand referenced in the notice indicates that Commerce had previously revised its calculations after an earlier review, and the court’s latest judgment now confirms those revisions. The notice therefore serves to formally reconcile the Department’s record with the court’s affirmed findings, ensuring legal consistency across the administrative and judicial processes.

By issuing an amendment, Commerce is exercising its authority under the Countervailing Duty Act to correct the official record when a judicial decision reveals a divergence. The amendment will adjust only the subsidy rate assigned to POSCO, leaving the rates for other Korean exporters untouched. This selective amendment underscores the narrow scope of the court’s impact: it does not overturn the entire CVD order, but it does require a precise correction to the rate applied to a single entity. The notice makes clear that the amendment is a direct response to the court’s finding that the Department’s published results were not fully aligned with the judicial decision, thereby preserving the integrity of the CVD enforcement mechanism.

Legal Mechanics of the Amendment

The amendment process described in the notice is grounded in the statutory authority granted to the Department of Commerce to issue final results of countervailing duty administrative reviews, as well as to amend those results when necessary. The notice references the CIT’s final judgment as the trigger for the amendment, indicating that the Department must reconcile its published subsidy rates with the court’s affirmed findings. The specific language that the judgment “is not in harmony with Commerce’s final results” creates a legal basis for the Department to modify the subsidy rate for POSCO without reopening the entire review. This demonstrates how the administrative framework allows for targeted adjustments rather than wholesale reconsideration of the order.

The amendment will affect the countervailable subsidy rate assigned to POSCO Co., Ltd., which is the sole Korean exporter named in the notice. By altering this rate, Commerce changes the amount of duty that importers of POSCO’s steel plate must pay when bringing the product into the United States. The notice does not provide a new numeric rate, but the amendment itself constitutes a binding adjustment under the Countervailing Duty Act. Importers, customs brokers, and financial institutions that process transactions involving POSCO’s steel will need to update their duty calculations to reflect the revised rate once the amendment is officially incorporated into the tariff schedule.

From a compliance perspective, the amendment illustrates the interplay between judicial review and administrative enforcement. The CIT’s affirmation of the second‑remand results validates Commerce’s investigative work, yet the Department still bears responsibility for ensuring that its published figures precisely match the court’s conclusions. The notice therefore highlights the procedural safeguards embedded in U.S. trade law: courts can review and affirm agency actions, but agencies retain the duty to correct any residual inconsistencies. This dynamic ensures that the countervailing duty regime remains both legally sound and operationally accurate.

Practical Effects on Stakeholders

The immediate practical effect of the amendment is that importers of POSCO’s carbon and alloy steel cut‑to‑length plate will face a revised countervailing duty assessment for shipments covering the 2021 period. Because the amendment pertains solely to POSCO’s subsidy rate, other Korean producers covered by the same CVD order will continue to be assessed at the rates previously published. Importers must therefore adjust their customs entries, duty payments, and potentially their pricing strategies to accommodate the new rate once it is formally entered into the Harmonized Tariff Schedule. The notice does not specify an effective date for the amendment, indicating that the revised rate will become operative upon publication of the final amended results in the Federal Register.

Banks and financial institutions that provide trade financing for transactions involving POSCO’s steel will also need to update their risk assessments and loan terms to reflect the altered duty liability. Customs brokers and trade compliance officers must ensure that the amended rate is incorporated into their software systems and that any ongoing shipments are re‑valuated against the new duty figure. The amendment does not alter the broader CVD order, so U.S. steel producers continue to benefit from the protective duty framework, while foreign exporters other than POSCO remain subject to the existing rates.

The notice makes clear that the Department’s amendment is a procedural correction rather than a policy shift; it does not introduce new regulatory requirements beyond the revised subsidy rate. Consequently, there are no additional filing obligations or reporting deadlines imposed on importers beyond the standard customs filing process. However, stakeholders should monitor subsequent Federal Register publications for the exact numeric amendment and any accompanying guidance on implementation timelines. The record does not provide a specific date for when the amended rate will take effect, leaving that detail to be announced in a future notice.

What to Watch

- Publication of the exact amended subsidy rate for POSCO in a subsequent Federal Register notice (date not specified in the current record).

- Effective date of the amended rate once it is entered into the Harmonized Tariff Schedule (not indicated in the current notice).

- Updates to customs entry procedures by importers and brokers to reflect the revised duty calculation for POSCO steel plate.

- Any further judicial or administrative actions that might affect the broader CVD order on Korean steel, though none are mentioned in the present document.