CBP Intends to Distribute FY 2012 AD/CV Revenue Under Byrd Amendment

U.S. Customs and Border Protection issued a notice of its intent to distribute assessed antidumping or countervailing duties for fiscal year 2012 pursuant to the Continued Dumping and Subsidy Offset Act of 2000 (the Byrd Amendment). Certifications to obtain a continued dumping and subsidy offset under a particular order or finding must be received by July 31, 2012.

(The Byrd Amendment requires that the revenue 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 Although the Byrd Amendment has been repealed (see below), all duties on entries of goods made and filed before October 1, 2007 will still be distributed.)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 dollar amounts were not available in time for inclusion in this notice and will therefore be posted on the CBP web site.

CBP has previously said 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Byrd Amendment Repealed, but AD/CVD Collected Before 2007 Still Distributed

The Byrd Amendment (19 USC 1675c) was repealed by section 7601 of the Deficit Reduction Act of 2005.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 because Section 7601(b) said duties collected on an entry filed before October 1, 2007 shall be distributed as if 19 USC 1675c had not been repealed.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 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.)