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Sanctions on U.S. Exports Likely to Fall with Decrease in AD/CV Duty Distributions

Friday, January 20, 2017
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 The CDSOA was repealed in 2005 but continues to allow the distribution to affected domestic producers of antidumping and countervailing duty revenues on entries of goods made prior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. 

Duties Disbursed. A total of $46.3 million in AD/CV duties was disbursed in FY 2016, down from $87.7 in FY 2015. As a result, the amount of World Trade Organization-authorized retaliatory sanctions imposed by U.S. trading partners on U.S. exports should decrease further; 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 2016 that went uncollected totaled $7.49 million, down 90 percent from FY 2015. Tapered roller bearings from China accounted for the majority of this amount ($6.3 million), followed by fresh garlic from China ($649,072), forged stainless steel flanges from India ($279,873) and preserved mushrooms from China ($135,929).

Duties Remaining in Clearing Account. A total of $29.4 million in AD duties and $1.66 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, 2016, down from $38.5 million and $1.93 million, respectively, from the previous year. Individual cases with the highest amounts included honey from China ($5.97 million), ironing tables and parts thereof from China ($3.61 million), crawfish tail meat from China ($2.42 million), fresh garlic from China ($1.82 million),

petroleum wax candles from China ($1.48 million), and wooden bedroom furniture from China ($1.39 million).

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

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