The U.S. Court of International Trade ruled in favor of longtime MMM client Hyundai Steel in a case challenging the U.S. Department of Commerce’s imposition of countervailing duty tariffs. In the challenged decision, the U.S. Department of Commerce found that Hyundai Steel was given the right to collect certain fees from third parties for use of a port that Hyundai Steel had build.
Led by MMM’s Brady Mills, Hyundai Steel argued that its port rights were provided to permit Hyundai Steel to recover its port construction costs, and was not a “gift-life transfer of funds.” Ultimately, the U.S. Court of International Trade ruled in favor of Hyundai, stating that Hyundai received no countervailable benefit from the port rights provided by the Korean Government.
"The court really understood and considered our arguments regarding the benefit determination," Mills told Law360.
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