VAT Refunding for Exporter

[Sergiy]

Metall and steell company exports its output to US market and get VAT refunding from domestic government ( 20% of export value ) May refunding be considered as a subsidy under US laws and court practise and if the answer is positive will be a company subject for counterveiling measures ?

[Mr. Knowitall]

A refund of VAT shouldn't be considered a subsidy, but as we know nothing beyond what you've posted and nothing about the tax laws of your (undisclosed) nation it's a question for your business lawyer.

[Sergiy]

Nation - Ukraine.
No problem with ukrainian legislation, just interested in US laws and court practise in this ambit.
According to "On VAT" law of Ukraine supply of products within territory of Ukraine is taxed at the rate of 20% but export is taxed at the rate of 0% without any preferences and exeptions. So in accordance with ukrainian legislation VAT for exporters is not a subsidy (in WTO agreements - too).
Thereby, as a result of export operations, we have a tax credit in tax accounting and VAT refund must follow.