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Uncollected AD/CV Duties for Distribution Under CDSOA Jump More than 100 Percent

Tuesday, May 05, 2015
Sandler, Travis & Rosenberg Trade Report

U.S. Customs and Border Protection has posted to its website its annual report on activities pursuant to the Continued Dumping and Subsidy Offset Act, also known as the Byrd Amendment. The CDSOA was repealed in 2005 but continues to allow the distribution to affected domestic producers of antidumping and countervailing duty revenues on entries of goods made prior to Oct. 1, 2007. Highlights of the statistics from this year’s report include the following.

Duties Disbursed. A total of $81.7 million in AD/CV duties was disbursed in FY 2014, up from $68.2 million in FY 2013. This allows affected trade partners to increase the amount of WTO-authorized retaliatory sanctions they impose on U.S. exports; click here for more information.

Uncollected Duties. The amount of AD/CV duties on CDSOA eligible entries filed prior to Oct. 1, 2007, and liquidated during FY 2014 that went uncollected totaled $107.6 million, more than double the $45.6 million total from FY 2013. Fresh garlic from China accounted for the bulk of this amount ($60.2 million, up from $54,065), followed by honey from China ($22.6 million, up from $29,911), hot-rolled steel products from India (combined $11.8 million in AD/CV duties, not listed in FY 2013) and bars and wedges from China ($6.1 million, up from $97,287).

Duties Remaining in Clearing Account. A total of $81.4 million in AD duties and $3.71 million in CV duties filed with the entry prior to Oct. 1, 2007, on CDSOA eligible cases remained in the CDSOA clearing account as of Oct. 1, 2014, down from $110.2 million and $6.63 million, respectively. Individual cases with the highest amount included ball bearings from Japan ($28.5 million in AD duties), fresh garlic from China ($7.1 million in AD duties), honey from China ($6.8 million in AD duties), and lined paper school supplies from China ($3.4 million in AD duties).

CBP notes that funds do not transfer from the clearing account to the special account for distribution until liquidation occurs.

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