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CBP Accepting Claims for Distributions of AD/CV Duties Under Byrd Amendment

Monday, June 02, 2014
Sandler, Travis & Rosenberg Trade Report

U.S. Customs and Border Protection has announced its intent to distribute assessed antidumping and countervailing duties available for distribution in fiscal year 2014 pursuant to the Continued Dumping and Subsidy Offset Act, or Byrd Amendment. CBP has issued a notice listing the individual AD/CV duty orders and findings for which funds may become available for distribution, together with the affected domestic producers associated with each order or finding that are potentially eligible to receive a distribution. This notice also provides instructions for such producers (and anyone else alleging eligibility to receive a distribution) to file certifications claiming a distribution, which must be done by Aug. 1.

Although the CDSOA was repealed in 2005, the effect of the repeal continues to be delayed because AD and CV duties assessed on entries filed before Oct. 1, 2007, are still being collected. While the distribution process will thus be continued for an undetermined period, the amount of money available for distribution is generally diminishing over time. In addition, amounts already distributed may be subject to recovery as a result of reliquidations, court actions, administrative errors and other reasons.

Pursuant to an appeals court decision in 2008, CBP is not authorized to distribute AD/CV duties derived from goods from Canada or Mexico. CBP therefore does not list cases related to these countries on the preliminary distribution list, and no distributions will be issued on these cases.

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