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CBP Publishes FY 2003 Annual Disbursements on Byrd Amendment Claims

U.S. Customs and Border Protection (CBP) has issued its Continued Dumping and Subsidy Offset Act of 2000 (Offset Act) annual report of disbursements for fiscal year (FY) 2003.

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(Under the Offset Act, also known as the Byrd Amendment, CBP is required to annually disburse antidumping (AD) and countervailing (CV) duties to domestic producers injured by foreign dumping and subsidies. )

According to CBP, as of March 1, 2004, approximately $190 million has been disbursed. An additional $50 million will be disbursed pending the resolution of a court case. CBP states that once the case has been resolved, it will disburse the remaining $50 million and will post an updated disbursement report.

CBP is providing the results of the FY 2003 disbursements in three tables (each available at http://www.cbp.gov/xp/cgov/import/add_cvd/cdsoa03/):

Table 1 contains information on disbursements for FY 2003 for each AD and CV duty case (e.g. the claimant's name, the amount of their claim, and the amount disbursed).

Table 2 contains information on the AD and CV duty dollar amounts remaining uncollected from CBP bills issued during FY 2003 as of October 1, 2003. (CBP states that all collections on these bills that take place during FY 2004 will be included in the FY 2004 disbursements.)

Table 3 contains information on the amount of AD and CV duty cash deposits and bonds on all unliquidated AD and CV entries, as of October 1, 2003.

CBP states that it is currently reviewing this report with the Department of Commerce to ensure that all liquidation instructions have been timely issued and properly executed by CBP at the ports of entry.

CBP Press Release on Annual Report (dated 03/19/04) available at http://www.cbp.gov/xp/cgov/newsroom/press_releases/03192004.xml

BP Note

The European Union and other countries have sought World Trade Organization (WTO) authorization to apply retaliatory sanctions against the U.S. for its failure to bring the Byrd Amendment into conformity with WTO rules by the December 27, 2003 deadline set by the WTO Appellate Body.

Other trading partners have given the U.S. until December 27, 2004 to bring the Byrd Amendment into conformity. (See ITT's Online Archives or 01/21/04 news, (Ref: 04012110), for BP summary of EU's request for authorization.)