CBP to Distribute FY 2012 Byrd Amendment Offsets

June 1, 2012

On June 1, 2012, U.S. Customs and Border Protection (CBP) published a notice of intent to distribute assessed antidumping or countervailing duties, also known as continued dumping and subsidy offsets, for fiscal year 2012 pursuant to the Continued Dumping and Subsidy Offset Act of 2000 (the Byrd Amendment). The notice provides the case name and number of each antidumping and countervailing duty order or finding for which funds may become available for distribution, as well as a list of affected domestic producers that may be eligible to receive a distribution. Domestic producers who are not listed, but believe they are eligible for a particular distribution may also submit a certification to claim a distribution under a particular order or finding. In order to be eligible to receive a distribution for fiscal year 2012, companies must file certifications to obtain a continued dumping and subsidy offset under a particular order or finding by July 31, 2012. This requirement applies to both listed domestic producers and unlisted producers intending to claim a distribution. CBP will deny certifications received after July 31, 2012, making such claimants ineligible for the distribution.

Although the Byrd Amendment was repealed in 2005, duties collected on entries filed before October 1, 2007, will continue to be distributed. In the notice of intent, CBP states that, while the distribution process will continue for an undetermined period, the amount of money available for distribution is expected to diminish over time. CBP also noted that the distributions may be subject to recovery as a result of reliquidations, court actions, administrative errors, and other reasons.

For further information or assistance filing a claim, please contact a Barnes/Richardson attorney.