U.S. Customs and Border Protection is providing its preliminary calculations of the impact of the Claims Resolution Act on the Continued Dumping and Subsidy Offset Act distributions for fiscal year 2011.
The agency anticipates that approximately $7.95 million of duties may be withheld from distribution for fiscal year 2011. This estimate is made on the basis of identifying entries that were not liquidated, were not in litigation, and for which no liquidation instructions had been issued by the U.S. Department of Commerce as of Dec. 8, 2010.
CBP 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 NAFTA bi-national panel.
Congress enacted the CDSOA to provide distributions of antidumping and countervailing duties to the domestic industry that supported the petition in that antidumping and countervailing duties investigation. Congress subsequently repealed the CDSOA in the Deficit Reduction Act of 2005 by directing that any antidumping and countervailing duties for entries that occurred on or after Oct. 1, 2007, would not be distributed to domestic parties under the CDSOA. However, the repeal provided that antidumping and countervailing duties for entries made prior to Oct. 1, 2007, would continue to be distributed.
On Dec.8, 2010, Congress enacted the Claims Resolution Act of 2010 which reduced the amount of 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 Dec. 8, 2010, were un-liquidated, not in litigation, and not under an order of liquidation from the U.S. Department of Commerce. Thus, all three criteria must be satisfied for the duties on an entry made prior to Oct. 1, 2007, to be withheld from distribution under the CDSOA.
Distributions will be processed by Nov. 29, 2011. Inquiries on this matter should be directed to the CDSOA Helpdesk at (317) 614-4462.