CBP Intends to Distribute FY 2011 AD/CV Revenues Under Byrd Amendment
U.S. Customs and Border Protection has issued a notice of its intent to distribute assessed antidumping or countervailing duties for fiscal year 2011 pursuant to the Continued Dumping and Subsidy Offset Act of 2000 (the Byrd Amendment).
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Certifications to obtain a continued dumping and subsidy offset under a particular order or finding must be received by July 26, 2011.
(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 Although the Byrd Amendment has been repealed (see below), all duties on entries of goods made and filed before October 1, 2007 will still be distributed.)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 to be Posted on CBP's Web Site
The dollar amounts subject to distribution that are contained in the Special Account for each listed order or finding are required to appear in this notice. However, these dollars amounts were not available in time for inclusion in this notice and will therefore be posted on the CBP website.
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. Note that the final amounts available for disbursements may differ from the preliminary amounts.
Byrd Amendment Repealed, but AD/CVD Collected Before 2007 Still Distributed
The Byrd Amendment (19 USC 1675c) was repealed by section 7601 of the Deficit Reduction Act of 2005.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that duties collected on an entry filed before October 1, 2007 shall be distributed as if 19 USC 1675c had not been repealed.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. CBP states that this distribution process will continue for an undetermined period, but the amount of money available for distribution is expected to diminish over time. (See BP Note)
(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 04/27/11 news, 11042709, for BP summary of CBP unblocking some Byrd Amendment funds after two Federal Court of Appeals rulings.)
BP Note
Effective May 1, 2010, the European Commission expanded its list of U.S. products subject to an additional 15% import duty due to what it described as a significant increase in U.S. Byrd Amendment disbursements in Fiscal Year 2009. (Most of the affected products, 28 out of 33, are apparel products.)
(See ITT’s Online Archives or 04/23/10 and 04/21/10 news, 10042331 and 10042130, for BP summaries of the EC’s announcement.
See ITT's Online Archives or 04/08/11 news, 11040817, for BP summary of the EC ending Byrd Amendment duties on the 28 apparel products, effective May 1, 2011.)