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HYUNDAI STEEL CO. v. UNITED STATES

Slip Op. 23-142 Court No. 21-00304.

658 F.Supp.3d 1331 (2023)

HYUNDAI STEEL CO., Plaintiff, v. UNITED STATES, Defendant, and Nucor Corporation, Defendant-Intervenor.

United States Court of International Trade.

September 26, 2023.

Attorney(s) appearing for the Case

Brady W. Mills, Donald B. Cameron, Julie C. Mendoza, R. Will Planert, Mary S. Hodgins, Eugene Degnan, Edward J. Thomas III, Jordan L. Fleischer, and Nicholas C. Duffey, Morris, Manning & Martin, LLP, of Washington, DC, on the briefs for Plaintiff.

Brian M. Boynton, Principal Deputy Assistant Attorney General; Patricia M. McCarthy, Director; Claudia Burke, Assistant Director; and Elizabeth Anne Speck, Senior Trial Counsel, Commercial Litigation Branch, Civil Division, U.S. Department of Justice of Washington, DC, on the brief for Defendant. Of counsel on the brief for Defendant was Ayat Mujais, Attorney, Office of the Chief Counsel for Trade Enforcement & Compliance, U.S. Department of Commerce of Washington, DC.

Alan H. Price, Christopher B. Weld, Maureen E. Thorson, Tessa V. Capeloto, and Adam M. Teslik, Wiley Rein LLP of Washington, DC, on the brief for Defendant-Intervenor.

OPINION

In this case, Hyundai Steel Company challenges the Department of Commerce's determination that the company's receipt of port-usage rights from the South Korean government was a countervailable benefit. The court remands because Commerce's decision is contrary to law.1

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