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 email@example.com.
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 firstname.lastname@example.org.