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Sanctions on U.S. Exports May Rise with Increase in AD/CV Duty Distributions

Monday, April 04, 2016
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 The CDSOA was repealed in 2005 but continues to allow the distribution to affected domestic producers of antidumping and countervailing duty revenues on entries of goods made prior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 $87.7 million in AD/CV duties was disbursed in FY 2015, up from $81.7 million in FY 2014. This allows affected trade partners to increase the amount of World Trade Organization-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 2015 that went uncollected totaled $74.8 million, down 30.5 percent from FY 2014. Fresh garlic from China again accounted for much of this amount ($38.3 million), followed by preserved mushrooms from China ($20.3 million), hot-rolled steel products from India ($10.3 million), honey from China ($3.56 million) and wooden bedroom furniture from China ($1.68 million).

Duties Remaining in Clearing Account. A total of $38.5 million in AD duties and $1.93 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, 2015, down from $81.4 million and $3.71 million, respectively. Individual cases with the highest amount include honey from China ($6.09 million in AD duties), ironing tables from China ($3.61 million in AD duties), ball bearings from Japan ($3.20 million in AD duties), wooden bedroom furniture from China ($2.57 million in AD duties), and crawfish tail meat from China ($2.42 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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