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CBP Seeks Info on Effect of Sequestration on Future Byrd Amendment Disbursements

The governmental sequestration that continues to require widespread budget cuts reduced the amount payable to affected domestic producers under the Byrd Amendment by 7.2 percent, said CBP (here). There's still some uncertainty as to whether the cuts are considered temporary or permanent, the agency said. The Byrd Amendment, which was repealed in 2007, still allows for some anti-dumping and countervailing (AD/CV) duties collected by CBP to be disbursed to domestic producers injured by foreign dumping and subsidies.

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CBP, through the Treasury Department, has asked the Office of Management and Budget whether the sequester to the Byrd Amendment account should be considered to be permanent or temporary, said CBP. If OMB says that the cuts are permanent, "then the sequestered funds will be permanently canceled in accordance with the federal laws governing sequestration," said CBP. If OMB says the reductions are temporary, "then the sequestered funds will become available for obligation and CBP will issue a supplemental disbursement to the affected domestic producers who received payments in November 2014 for their pro-rata share of the sequestered funds." CBP also posted a list of sequestered amounts by case number for Fiscal Year 2014 (here).