Deadline for Repayment of Byrd Funds Extended to March 28, 2009

January 14, 2009

U.S. Customs and Border Protection (CBP) has extended the deadline by which petitioners must repay certain funds received under the Continued Dumping and Subsidy Offset Act of 2000 (also known as the Byrd Amendment) to March 28, 2009. After that date, CBP will begin assessing interest to any outstanding amounts owed by recipients.

CBP is allowing the 90-day extension in response to pressure from the U.S. Congress and other trade remedy petitioners. As previously reported, CBP is demanding the repayment of funds distributed under the Byrd Amendment in association with imports from Canada and Mexico in light of a Court of Appeals for the Federal Circuit decision.

Many U.S. companies have objected to CBP’s demands and threatened to sue CBP over its right to demand repayment. However, with the extension it is likely that they will hold off on a lawsuit in order to see whether the incoming Obama Administration will modify CBP’s demand.