CBP Issues Notice of Intent to Distribute Byrd Amendment Funds for FY 2008

June 4, 2008

U.S. Customs and Border Protection (CBP) recently issued a notice in the Federal Register of its intent to distribute assessed antidumping or countervailing duties for Fiscal Year 2008. The Continued Dumping Subsidy and Offset Act of 2000 (CDSOA), 19 U.S.C. 1675c, requires that the revenues from AD/CV duties assessed on or after October 1, 2000 be distributed on an annual basis to the affected domestic producers for specified qualifying expenditures.  Although the Byrd Amendment has been repealed, all duties on entries of goods made and filed before October 1, 2007 will still be distributed.

CBP has also posted to its Web site a list of the FY 2008 preliminary dollar amounts subject to distribution that were contained in the Special Account for each listed AD/CV order. These preliminary disbursement amounts are available as of April 30, 2008.  CBP notes that the final amounts available for disbursement may differ from the preliminary amounts. Written certifications to obtain a continued dumping and subsidy offset under a particular AD/CV order or finding must be received by CBP no later than July 28, 2008. 

The distribution process will continue until all entries made before October 1, 2007, are liquidated and the duties are collected. Due to the statutory nature of AD and CV administration, distributions will continue for an unknown term. However, the amount of money available for distribution will diminish over time.