CBP Announces Intent to Distribute AD/CV Duties Under Byrd Amendment

(World Trade Interactive)

U.S. Customs and Border Protection has announced its intent to distribute assessed antidumping and countervailing duties available for distribution in fiscal year 2010 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 to file written certifications claiming a distribution, which must be done by Aug. 2.

Although the CDSOA was repealed in 2006, the effect of the repeal will be delayed for several years. First, CBP will continue to distribute AD and CV duty revenues assessed on entries filed before Oct. 1, 2007. Second, because the AD/CV duty on an entry is not available for distribution until the entry is liquidated pursuant to the direction of the Department of Commerce, the distribution process will continue until all entries made before Oct. 1, 2007, are liquidated and the AD/CV duties are collected. While the distribution process will thus be continued for an undetermined period, the amount of money available for distribution can be expected to diminish over time. Read more here.