Byrd Amendment

Frequently Asked Questions

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My firm indicated support of the petition in a questionnaire response in an old investigation that resulted in an AD or CVD order that is still in effect, but my firm's name is not on the list of potentially eligible producers published in the Federal Register by Customs. How do I get on the list?

First, photocopy the front page of your producers' questionnaire from the original investigation that your firm submitted to the Commission during that investigation and the page indicating your support of the petition (generally the second page). Include the copied pages as an attachment to a letter addressed to: Marilyn Abbott, Secretary , U.S. International Trade Commission, 500 E Street, SW, Washington , DC 20436 . Your letter should include a request that your firm be included in the list of affected domestic producers for the Continued Dumping and Subsidy Offset Act of 2000 for the investigation in question (identify ITC investigation number(s) and product), and state that you are waiving confidential treatment of your questionnaire response with respect to support for the petition.

A sample form request letter can be accessed by clicking here.

In order to find previous request letters submitted by firms, you may browse our electronic document information system (EDIS) at https://edis.usitc.gov/hvweb//; click on public access and then on search/retrieval; under area of interest select Byrd Amendment and under document type select request letters; click search to view listing of request letters.

My firm filled out a questionnaire in a recent investigation and indicated support of the petition but kept that support confidential. My firm's name is not on the list published by Customs for the investigation in question. What can I do to add my firm to the list?

Same answer as above.

My firm supported the petition in principal but did not receive a questionnaire during the investigation in question. We would have completed the questionnaire if it had been sent to us. Can we submit a letter in support of the petition after the investigation has been completed and be placed on the list of affected domestic producers?

Support for the petition during the original investigation can be documented by either a response to the ITC questionnaire that you submitted during the original investigation or by a letter of support that you submitted to the ITC in the original investigation. If you submitted neither during the original investigation, the CDSOA /Byrd Amendment does not allow you to be included on the list. Please note that questionnaire responses must be submitted by the return date specified in the questionnaire and letters of support for the petition must be submitted by the date specified in the scheduling notice for the final phase of the original investigation (this date coincides with the deadline for posthearing briefs).

My firm's name appeared on the list published by Customs in the Federal Register. How do I apply for my money?

The ITC is not involved in the distribution of assessed duties. Customs will be happy to help you with the certification process. They can be contacted at cdsoa@dhs.gov.

My firm supported continuation of the antidumping duty order in the most recent sunset review but did not complete a questionnaire response or submit a letter of support during the original investigation. Does this support make my firm eligible to be placed on the list of affected domestic producers?

The CDSOA /Byrd Amendment does not allow firms to be included on the list of affected domestic producers unless they expressed support for the petition during the original investigation.

My firm's name has changed from the time of the original investigation, and therefore does not appear on the recently published list of potentially eligible producers published by Customs for the investigation in question. Can the ITC change my firm's name on the list?

The ITC may only list a firm's name as it appeared in the original investigation. Customs administers the CDSOA /Byrd Amendment law and may recognize name changes and successor firms in some cases. Customs may be contacted at cdsoa@dhs.gov.

My firm is a member of an association that filed a petition in a current investigation. Is my firm nonetheless required to separately indicate its support for the petition through a questionnaire response or letter?

If the petition was filed on behalf of the association "and its members" and those members supporting the petition were identified therein, they will be included on any list of affected domestic producers that is forwarded to Customs. However, if the petition was filed on behalf of the association only, individual members will not be included on any list that the ITC sends to Customs unless those firms separately indicate their support for the petition by letter or questionnaire response. Members of an association that are not identified in the petition as supporters of the petition may also petition Customs for inclusion on Customs' list of potentially eligible domestic producers pursuant to their regulations. For further information, contact Customs at cdsoa@dhs.gov.

The Continued Dumping and Subsidy Offset Act of 2000 ("CDSOA"), commonly referred to as the "Byrd Amendment," provides for the annual distribution of antidumping and countervailing duties assessed on or after October 1, 2000 pursuant to AD and CVD orders in effect on or after January 1, 1999. The distribution is available to "affected domestic producers for qualifying expenditures." An "affected domestic producer" is defined as a manufacturer, producer, farmer, rancher, or worker representative (including associations of such persons) that (1) was a petitioner or interested party in support of a petition with respect to which an AD or CVD order was in effect and (2) remains in operation. Producers that have ceased production of the product covered by the order or that have been acquired by a firm that opposed the petition will not be considered an affected domestic producer.

The ITC does not award funds or determine what funds an eligible firm or entity may receive under the CDSOA /Byrd Amendment. That task is given by statute to the Commissioner of U.S. Customs and Border Protection ("Customs"). The ITC's sole responsibility under the Act is to forward to Customs within 60 days after issuance of an antidumping or countervailing duty order an initial list of potentially eligible "affected domestic producers" that publicly indicated support for the petition through a response to an ITC questionnaire during the investigation or by letter submitted to the ITC during that investigation. Questions related to ITC's responsibilities under the Act may be directed by e-mail to ITC at cdsoa@usitc.gov.

Customs is responsible under the Act for the annual distribution of antidumping and countervailing duties assessed during the preceding fiscal year. Prior to the annual distribution, Customs publishes in the Federal Register a notice of intent to distribute and the list of affected domestic producers potentially eligible for the distribution based largely on the list forwarded by the ITC. Potentially eligible affected domestic producers submit to Customs certifications indicating that they desire to receive a distribution and are eligible to receive a distribution, and identifying "qualifying expenditures" incurred since the issuance of the order for which distribution has not previously been made. Customs distributes funds from assessed duties in proportion to qualifying expenditures identified in certifications received. Customs' fiscal year CDSOA annual reports are available at http://www.cbp.gov/. Questions related to Customs' responsibilities under the Act may be directed by e-mail to Customs at cdsoa@dhs.gov.