CBP Issues Notice of Intent to Distribute FY 2004 AD/CV Revenues to Affected Domestic Producers
Pursuant to the Continued Dumping and Subsidy Offset Act of 2000 (the Offset Act), the Bureau of Customs and Border Protection (CBP) has issued a notice of its intent to distribute assessed antidumping (AD) or countervailing (CV) duties for fiscal year (FY) 2004 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 2, 2004.
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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.)
Approximately 484 Antidumping and Countervailing Duty Orders Listed
This notice lists approximately 484 AD and CV duty orders, along with their International Trade Administration (ITA) and International Trade Commission (ITC) case numbers, case names, and the names of the petitioners/supporters associated with each order that is potentially eligible to receive a distribution.
(CBP's notice of intent to distribute such duties received in FY 2003 listed 470 AD/CV duty orders. See ITT's Online Archives or 07/16/03 news, (Ref:03071610), for BP summary of the FY 2003 notice and list.)
CBP to Post Preliminary Amounts of Distribution for Each Order on Web Site
CBP states that although its regulations require that this notice contain the dollar amounts subject to distribution that were contained in the Special Account for each listed order or finding, these dollar amounts were not available in time for inclusion in this notice. Instead, CBP states that the preliminary dollar amounts will be posted to the CBP Web site (www.cbp.gov).
Once posted, 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.
Notice Also Contains Instructions for Filing Certifications to Claim Distribution
This notice also provides the instructions for affected domestic producers to file written certifications to claim a distribution in relation to the listed AD/CV duty orders, including the content of such certifications.
CBP states that (1) a successor to a company appearing on the list of affected domestic producers in this notice, or (2) a member company of an association that appears on this list, where that member does not appear, should consult Customs' regulations (19 CFR 159.61(b)(1)(i) or 159.61(b)(1)(ii)) concerning whether that party may file a certification to claim an offset and, if so, the additional procedures under which it may do so.
The notice also contains information on qualifying expenditures that may be claimed for a distribution, the amount claimed for a distribution, eligibility to receive a distribution, the disclosure of information in certifications, etc.
-written certifications to obtain an offset under any listed order or finding are due by 08/02/04.
CBP contact - Sarah Buelo (317) 614-4462 (certification questions)
LaToya Burley (202) 572-8793 (legal questions)
CBP notice (FR Pub 06/02/04) available athttp://a257.g.akamaitech.net/7/257/2422/14mar20010800/edocket.access.gpo.gov/2004/pdf/04-12187.pdf