Bipartisan Bill Introduced to Require CBP to Pay Interest on CDSOA Distributions From 2000-14 Period

Rep. Jimmy Panetta, D-Calif., and Rep. David Valadao, R-Calif., introduced a bill that would require CBP to pay interest on distributions of antidumping duties and countervailing duties to injured parties under the Continued Dumping and Subsidy Offset Act (CDSOA), for entries that were made before Sept. 30, 2007. According to a press release from Panetta, garlic growers are owed $10.5 million for distributions that were too low between 2000 and 2014. Under the Trade Facilitation and Trade Enforcement Act (TFTEA), interest was paid on distributions of payments made after Oct. 1, 2014, in connection with "a customs bond pursuant to a court order or judgment; or a settlement with respect to a customs bond, including any payment made to U.S. Customs and Border Protection with respect to that bond by a surety."

They say it would also give interest payments to honey and crawfish producers, and say this money "was wrongly kept from them by CBP."

The bill, which the two men call the China Trade Cheating Restitution Act, would amend TFTEA's language to cover distributions of payments made since 2000.

For imports that entered since FY 2008 began, injured parties have not been allowed to receive money collected on antidumping or countervailing duties.

“The U.S. Customs and Border Protection has a legal responsibility to distribute all antidumping duties and interest to those facing unfair foreign competition, and it is unacceptable for the agency to withhold more than a decade’s worth of collected interest from these producers,” Valadao said in the press release. “I am happy to work across the aisle with Rep. Panetta to support our domestic industries and address this truly bipartisan issue. It is critical Congress works together to ensure these producers receive the payments they are due.”