CBP to Disburse Withheld Funds from Fiscal Years 2006-2010

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May 2, 2011

On April 25, 2011, U.S. Customs and Border Protection (CBP) posted a notice on its website regarding the disbursement of funds that had been withheld from distribution as a result of litigation challenging various provisions of the Continued Dumping and Subsidy Offset Act (CDSOA). CBP had withheld from distribution an amount corresponding to the pro-rata share of all domestic producers who filed complete and timely certifications starting in 2006. Following two decisions in which the Court of Appeals for the Federal Circuit upheld the constitutionality of the support requirement contained in the CDSOA, CBP announced that it will distribute a portion of the withheld funds to affected domestic producers. Distributions began after March 31, 2011, and will continue until each fiscal year from 2006 through 2010 has been completed. According to CBP, distributions will be processed separately for each fiscal year and CDSOA statements for each fiscal year will be sent to the most recent address on file when applicable. Annual reports will only be updated on the CBP website after the distributions for all fiscal years have been completed.

 

There are still multiple unresolved court cases challenging various CDSOA provisions. For any pending litigation, CBP will continue to withhold the plaintiff(s)’s alleged pro rata share of the funds for fiscal years 2006 through 2010.

For further information, contact a Barnes/Richardson attorney.