CBP's FY 2011 Preliminary CDSOA "Amounts Available" Report Delayed
CBP has announced that the fiscal year 2011 preliminary Continued Dumping and Subsidy Offset Act of 2000 (commonly referred to as the Byrd Amendment) “amounts available” report has been delayed.
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(Although there is no statutory requirement, CBP typically publishes a report containing the preliminary amounts as of April 30th for the current fiscal year. The report provides information on the amounts available to disburse by case.)
Report Delayed Pending Clarification of Tax Relief Act of 2010
CBP states that the FY 2011 publication of this report has been delayed pending complete clarification of the Tax Relief, Unemployment Insurance Reauthorization, and Job Creation Act of 2010 (Public Law 111-312).
(P.L. 111-321 amended Section 822 (regarding the limitation on distributions relating to the repeal of the CDSOA) of the Claims Resolution Act of 2010 to read as follows (new text bold):
Notwithstanding section 1701(b) of the Deficit Reduction Act of 2005 (Public Law 109--171; 120 Stat. 154 (19 U.S.C. 1675c note)) or any other provision of law, no payments shall be distributed under section 754 of the Tariff Act of 1930, as in effect on the day before the date of the enactment of such section 1701, with respect to the entries of any goods that are, on the date of the enactment of this Act --
(1) unliquidated; and
(2)(A) not in litigation; and [previously said or]
(B) not under an order of liquidation from the Department of Commerce.)
(See ITT’s Online Archives or 12/22/10 news, 10122228, for BP summary of P.L. 111-312.)