CIT: No Byrd Amendment Funds to Co. that Opposed China Wood Furniture AD Order

Furniture Brands International, Inc. filed questionnaire responses for the International Trade Commission in 2005 opposing the issuance of an AD duty order on wooden bedroom furniture from China, but later sought a share of AD duties resulting from the order, under the Byrd Amendment (aka the Continued Dumping and Subsidy Offset Act of 2000 (CDSOA).

The company challenged the denial by the International Trade Commission to grant it “affected domestic producer” or ADP status and the refusal by U.S. Customs and Border Protection to pay it a share of duties collected, but the Court of International Trade upheld the denials, and reaffirmed the constitutionality of the CDSOA stipulation limiting distributions to companies that actively supported AD petitions, citing precedent from the Court of Appeals for the Federal Circuit.

(Slip Op. 11-132, dated 10/20/11)