CIT Upholds de Minimis Rate for Port Usage Rights Program in CVD Review
The Court of International Trade in a Sept. 19 opinion upheld the Commerce Department's final results in the 2017 administrative review of the countervailing duty order on hot-rolled steel flat products from South Korea. On remand, Commerce dropped its use of facts otherwise available for a South Korean port usage rights program, resulting in a de minimis rate for respondent Hyundai Steel. Though Hyundai continued to argue against Commerce's decision to countervail the program, Judge Jennifer Choe-Groves ruled that consideration of the benefit finding "would have no practical significance and is mooted."