CBP Issues Notice of Intent to Distribute FY 2005 AD/CV Revenues to Affected Domestic Producers, Etc
Pursuant to the Continued Dumping and Subsidy Offset Act of 2000 (the Offset Act), U.S. Customs and Border Protection (CBP) has issued a notice in the Federal Register of its intent to distribute assessed antidumping (AD) or countervailing (CV) duties for fiscal year (FY) 2005 to affected domestic producers for certain qualifying expenditures they incur after the issuance of an AD or CV order. Written certifications to obtain a continued AD or CV offset under a particular order must be received by August 1, 2005.
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(The Offset Act (also known as the Byrd Amendment) provides that the assessed duties received pursuant to a CV duty order or an AD duty order will be distributed by CBP to affected domestic producers as an offset for certain qualifying expenditures. The Offset Act only covers AD and CV duty assessments made on or after October 1, 2000 in connection with AD and CV duty orders in effect as of January 1, 1999 or issued thereafter.)
CBP's Notice Lists Antidumping and Countervailing Duty Orders
This notice lists the applicable AD and CV duty orders, along with their International Trade Administration (ITA) and International Trade Commission (ITC) case numbers, subject product and country, and the names of the petitioners/supporters associated with each order that are potentially eligible to receive a distribution.
CBP Also Posts Preliminary Amounts of Distribution for Each Order on Web Site
CBP has also posted to its Web site a list of the FY 2005 preliminary dollar amounts subject to distribution that were contained in the Special Account for each listed AD/CV order. According to the notice posted to CBP's Web site, these preliminary dollar amounts are available as of April 30, 2005.
CBP states that affected domestic producers may view these preliminary dollar amounts in order to determine whether it would be worthwhile to file a certification in a given case. CBP also notes that the final amounts available for disbursement may differ from the preliminary amounts.
(See CBP's Federal Register notice for instructions for filing certifications to claim distributions. This notice also contains information on qualifying expenditures that may be claimed for distribution, the amount claimed for distribution, eligibility to receive distribution, the disclosure of information in certifications, etc.)
(See ITT's Online Archives or 06/04/04 news, 04060420, for BP summary of the FY 2004 notice and list of AD/CV orders.)
-written certifications to obtain an offset under any listed order or finding are due by 08/01/05.
CBP Contacts - Leigh Redelman (317) 614-4462 (certification questions)
LaToya Burley (202) 572-8793 (legal questions)
CBP Notice (FR Pub 06/01/05) available athttp://a257.g.akamaitech.net/7/257/2422/01jan20051800/edocket.access.gpo.gov/2005/pdf/05-10497.pdf
CBP FY 2005 Preliminary Amounts (dated 06/01/05) available at http://www.cbp.gov/linkhandler/cgov/import/add_cvd/cont_dump/cdsoa_05/fy05_prelim_cdsoa.ctt/fy05_prelim_cdsoa.pdf
BP Note - EU & Canada Have Imposed Byrd Amendment Sanctions, Etc.
On May 1, 2005, both the European Union (EU) and Canada began imposing 15% additional duties on various U.S.-origin products in light of the U.S.' failure to repeal the Byrd Amendment, which the World Trade Organization (WTO) has ruled is inconsistent with the U.S.' international obligations.
The Canadian government has previously explained that, in addition to Canada and the EU, the WTO has granted retaliation authorization to Brazil, Chile, India, Japan, Korea, and Mexico. The Canadian government has also stated that although Thailand and Indonesia participated in the WTO Byrd Amendment dispute, these two countries did not request retaliation rights.
(See ITT's Online Archives or 05/02/05 news, 05050205, for BP summary of the EU and Canada's imposition of Byrd Amendment sanctions, as well as the EU's list of affected 8-digit CN codes for affected U.S.-origin products. See ITT's Online Archives or 05/05/05 news, 05050510, for BP summary of Canada's list of U.S.-origin products and tariff numbers subject to Byrd Amendment Sanctions.)