CBP Says FY 2011 Byrd Amendment Distributions to be Processed by Nov 29, $8M in Withholdings
U.S. Customs and Border Protection states that FY 2011 distributions under the Continued Dumping and Subsidy Offset Act (CDSOA, commonly referred to as the Byrd Amendment) are expected to be processed by November 29, 2011. In addition, it preliminary calculates that the withholding required by the Claims Resolution Act on the CDSOA for FY 2011 will be $7.95 million.
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(On December 8, 2010, Congress enacted the Claims Resolution Act of 2010 which reduced the amount of antidumping (AD) and countervailing (CV) duty distributions that could be made under the CDSOA. Under the CRA there will be no CDSOA distributions of duties collected from entries that, as of December 8, 2010, were (1) un-liquidated, (2) not in litigation, and (3) not under an order of liquidation from the Commerce Department. Thus, all three criteria must be satisfied for the duties on an entry made prior to October 1, 2007, to be withheld from distribution under the CDSOA.
CBP states it is applying a plain meaning interpretation of the phrase “in litigation” as covering entries that are the subject of litigation in U.S. courts or litigation before a North American Free Trade Agreement (NAFTA) bi-national panel.)
Inquiries on this matter should be directed to the CDSOA Helpdesk at (317) 614-4462.