CBP Issues Notice of Intent to Distribute FY 2007 AD/CV Revenues to Affected Domestic Producers

(The Byrd Amendment requires that the revenues from AD/CV duties assessed on or after October 1, 2000 be distributed on an annual basis to the affected domestic producers for specified qualifying expenditures. Although the Byrd Amendment has been repealed (see below), all duties on entries of goods made and filed before October 1, 2007 will still be distributed.)

CBP Lists AD/CV Duty Orders and Affected Producers Eligible for Distribution

CBP lists the applicable AD and CV case names and numbers, subject product and country, and the names of the affected domestic producers associated with each order that are potentially eligible to receive a distribution. The document also provides instructions for affected domestic producers to file certifications to claim a distribution in relation to the listed orders.

Preliminary Amounts Available to Disburse Also Posted on CBP Web Site

CBP has also posted to its Web site a list of the FY 2007 preliminary dollar amounts subject to distribution that were contained in the Special Account for each listed AD/CV order. These preliminary disbursement amounts are available as of April 30, 2007.

CBP has previously stated that affected domestic producers may view these preliminary dollar amounts in order to determine whether it would be worthwhile to file a certification in a given case. CBP notes that the final amounts available for disbursement may differ from the preliminary amounts.

Byrd Amendment Repealed, but AD/CV Duties Collected Before October 1, 2007 Still to Be Distributed

The Byrd Amendment (19 USC 1675c) was repealed by section 7601 of the Deficit Reduction Act of 2005. However, the effect of the repeal will be delayed for several years. Section 7601(b) states that duties collected on an entry filed before October 1, 2007 shall be distributed as if 19 USC 1675c had not been repealed.

Since the duty on an entry is not available for distribution until the entry is liquidated and collected pursuant to the direction of the Department of Commerce, the distribution process will continue until all entries made before October 1, 2007, are liquidated and the duties are collected. Because of the statutory constraints in the assessments of AD and CV duties, the distribution process will be continued for an undetermined period; however, the amount of money available for distribution can be expected to diminish after October 1, 2007.

¹ The full name is the Continued Dumping and Subsidy Offset Act of 2000 (CDSOA).

(See ITT's Online Archives or 06/12/06 news, 06061240, for BP summary of the FY 2006 notice of intent to distribute FY 2006 AD/CV revenues. See ITT's Online Archives or 02/10/06 news, 06021005, for BP summary of the bill which repealed the Byrd Amendment.)

(See ITT's Online Archives or 04/20/07 and 11/15/06 news, 07042005 and 06111520, for BP summary of extension of the Byrd Amendment sanctions to 32 additional U.S. products by the European Commission (EC), effective May 1, 2007, and the expectation that the EC will to maintain sanctions on U.S. products until Byrd Amendment disbursements cease, respectively.)

(See ITT's Online Archives or 10/12/06 news, 06101225, for BP summary of CBP's withholding of FY 2006 and subsequent Byrd Amendment distributions on Canadian and Mexican goods in light of a Court of International Trade finding.)

-certifications to obtain an offset under a particular order or finding are due by July 30, 2007.

CBP Notice (FR Pub 05/29/07) available at: http://a257.g.akamaitech.net/7/257/2422/01jan20071800/edocket.access.gpo.gov/2007/pdf/07-2635.pdf

CBP Preliminary Disbursement Amount Frequently Asked Questions (dated 03/09/06), available at http://www.cbp.gov/xp/cgov/import/add_cvd/cont_dump/cont_dump_faq.xml

CBP FY 2007 Preliminary CDSOA Dollar Amounts available at http://www.cbp.gov/linkhandler/cgov/import/add_cvd/cont_dump/2007_final_prlim_rpt.ctt/2007_final_prlim_rpt.pdf