CBP Publishes Notice for AD/CVD Payouts

Posted

Customs and Border Patrol announces their intent to distribute to affected domestic producers the assessed antidumping or countervailing duties and interest that are available for distribution in Fiscal Year 2023 in connection with those antidumping duty orders or findings or countervailing duty orders listed in the announcement.

To obtain a distribution of the offset under a given order or finding, each potential claimant must timely submit a certification containing the required information as to the eligibility of the domestic producer (or anyone alleging eligibility) to receive the requested distribution and the total amount of the distribution that the domestic producer is claiming.

For the convenience and ease of the domestic producers, CBP is providing guidance on what the agency takes into consideration when making a calculation for each of the following categories:

  • Manufacturing facilities (Any facility used for the transformation of raw material into a finished product that is the subject of the related order or finding);
  • Equipment (Goods that are used in a business environment to aid in the manufacturing of a product that is the subject of the related order or finding);
  • Research and development (Seeking knowledge and determining the best techniques for production of the product that is the subject of the related order or finding);
  • Personnel training (Teaching of specific useful skills to personnel, that will improve performance in the production process of the product that is the subject of the related order or finding);
  • Acquisition of technology (Acquisition of applied scientific knowledge and materials to achieve an objective in the production process of the product that is the subject of the related order or finding);
  • Health care benefits for employees paid for by the employer (Health care benefits paid to employees who are producing the specific product that is the subject of the related order or finding);
  • Pension benefits for employees paid for by the employer (Pension benefits paid to employees who are producing the specific product that is the subject of the related order or finding);
  • Environmental equipment, training, or technology (Equipment, training, or technology used in the production of the product that is the subject of the related order or finding, that will assist in preventing potentially harmful factors from affecting the environment);
  • Acquisition of raw materials and other inputs (Purchase of unprocessed materials or other inputs needed for the production of the product that is the subject of the related order or finding); and
  • Working capital or other funds needed to maintain production (Assets of a business that can be applied to its production of the product that is the subject of the related order or finding)

Domestic producers who are not on the USITC list but believe they nonetheless are eligible for a CDSOA distribution under one or more antidumping and/or countervailing duty cases are required, as are all potential claimants that expressly appear on the list, to properly file their certification(s) within 60 days after this notice is published. 

FR Notice: 

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