CBP Issues Notice of Intent to Distribute FY 2008 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 Although the Byrd Amendment has been repealed (see below), all duties on entries of goods made and filed before October 1, 2007 will still be distributed.)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.

Preliminary Amounts Available to Disburse Also Posted on CBP Web Site

CBP has also posted to its Web site a list of the FY 2008 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 states 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. 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Byrd Amendment Repealed, but AD/CV Duties Collected Before October 1, 2007 Still to Be Distributed

The Byrd Amendment (19 USC 1675c) was repealed by section 7601 of the Deficit Reduction Act of 2005.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 is delayed for several years as 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that duties collected on an entry filed before October 1, 2007 shall be distributed as if 19 USC 1675c had not been repealed.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 Commerce Department, 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 over time.

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

(See ITT's Online Archives or 06/05/07 news, 07060520, for BP summary of CBP's notice of intent to distribute FY 2007 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 02/25/08 news, 08022515, for BP summary of the Office of Textile and Apparel's notice that the European Union and Japan will continue to apply retaliatory duties on certain U.S. exports until all Byrd Amendment disbursements cease.

See ITT's Online Archives or 03/06/08 news, 08030642, for BP summary of the Court of Appeals for the Federal Circuit's (CAFC's) ruling that the CDSOA does not apply to imports from Canada and Mexico.)

-certifications to obtain an offset under a particular order or finding are due by July 29, 2008.

CBP Notice (FR Pub 05/30/08) available at http://edocket.access.gpo.gov/2008/pdf/E8-12169.pdf

CBP FY 2008 Preliminary CDSOA Dollar Amounts available at http://www.cbp.gov/linkhandler/cgov/trade/priority_trade/add_cvd/cont_dump/prelim_report08.ctt/prelim_report08.pdf