Hyundai to Appeal CIT Ruling Sustaining CVD Case on Korean Govt's Provision of Port Usage Rights

South Korean exporter Hyundai Steel Co. will appeal an August Court of International Trade decision sustaining the Commerce Department's finding the South Korean government's free provision of port usage rights at the Port of Incheon provided Hyundai with a countervailable benefit. According to the notice of appeal, Hyudai will take the case to the U.S. Court of Appeals for the Federal Circuit. In the opinion, the trade court said the agency reasonably found it should conduct a revenue forgone analysis instead of a less than adequate remuneration analysis since Hyundai's non-payment of port usage fees involved a type of financial contribution via forgone revenue instead of the provision of services (see 2308220031) (Hyundai Steel v. United States, CIT # 21-00536).