CBP Posts FY2013 Byrd Collections and Payouts, Withholding $11.1 Million in Special Account

This report contains three sections:

• FY 2013 Annual Disbursement Report. This report contains information on the disbursements for FY 2013 and includes case number, case name, the number CBP assigned to each certification, claimant name, dollar amount certified, allocation percentage, and dollar amount paid. Cases that show a negative disbursement amount are the result of refunds to importers from reliquidations or court cases. The disbursement report is (here).
• Uncollected Duties for FY 2013. This report lists the amount of uncollected duties on each case as of Sept. 30. Only uncollected duties on entries filed prior to October 1, 2007 which liquidated during Fiscal Year 2013 appear on this report. These amounts were subtracted from the liquidated duties on each case, as CBP cannot disburse funds that have not yet been collected. CBP said all collections on these bills that take place in the future will be disbursed in the year in which they are received. The total listed for AD duties is $45,616,367.46. This section is (here).
• FY 2013 Clearing Account Balances as of Oct. 1, 2013. This report lists the amounts contained in the Clearing Account for each CDSOA eligible case. These amounts represent estimated antidumping and countervailing duties filed with the entry prior to October 1, 2007. These are preliminary numbers and may be refunded at liquidation to the importer of record based upon Commerce’s final determination on the case, which may not occur during the current year. Funds do not transfer from the Clearing Account to the Special Account for CDSOA distribution until liquidation occurs. The Clearing Account does not include additional duty assessed at liquidation or reliquidation. The total listed for AD duties is $110,151,649.50 and the total listed for CV duties is $6,627,977.36. This section is (here).

CBP Withholding Up From FY2012

CBP will withhold $11.1 million in funds from the Special Account related to ongoing litigation involving questions the Byrd Amendment, up from the $7.4 million it withheld for the same purpose in FY2012, said CBP (here). The withholding of funds is due to several court cases reviewing CDSOA provisions. CBP said it will no longer withhold funds related to U.S. crawfish producer PS Chez Sidney litigation, in which the Appeals for the Federal Circuit reversed the International Trade Commission’s denial of eligibility for benefits under the CDSOA. (see 12071604). CBP received a court order to disburse funds to PS Chez Sidney.

CBP Still Withholding Funds from Special Litigation Accounts

CBP said it "will continue to withhold funds from the Special Account associated with any cases involved in ongoing litigation until the amounts at issue in the pending litigation have been withheld." This "will continue until a final decision is reached in the pending litigation," it said. "To the extent that plaintiffs in these or any additional cases are determined to be entitled to receive amounts exceeding those withheld as set out in this paragraph and/or are otherwise later determined to be recoverable, CBP reminds prior recipients of these funds that they may be required to return some or all of the funds previously received in accordance with applicable law and regulations."

(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, all duties on entries of goods made and filed before October 1, 2007 will still be distributed.)

CBP contact- Melissa Edwards (317) 614-4462 or CDSOA@dhs.gov