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Department of Homeland Security Vol. 79 Monday, No. 105 June 2, 2014 Part II Department of Homeland Security U.S. Customs and Border Protection Distribution of Continued Dumping and Subsidy Offset to Affected Domestic Producers; Notice VerDate Mar<15>2010 19:03 May 30, 2014 Jkt 232001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\02JNN2.SGM 02JNN2 emcdonald on DSK67QTVN1PROD with NOTICES2 31414 Federal Register / Vol. 79, No. 105 / Monday, June 2, 2014 / Notices DEPARTMENT OF HOMELAND in order to provide that assessed duties actions, administrative errors, and other SECURITY received pursuant to a countervailing reasons. duty order, an antidumping duty order, List of Orders or Findings and Affected U.S. Customs and Border Protection or a finding under the Antidumping Act Domestic Producers of 1921 will be distributed to affected Distribution of Continued Dumping domestic producers for certain It is the responsibility of the U.S. and Subsidy Offset to Affected qualifying expenditures that these International Trade Commission Domestic Producers producers incur after the issuance of (USITC) to ascertain and timely forward AGENCY: U.S. Customs and Border such an order or finding. The term to U.S. Customs and Border Protection Protection, Department of Homeland ‘‘affected domestic producer’’ means (CBP) a list of the affected domestic Security. any manufacturer, producer, farmer, producers that are potentially eligible to receive an offset in connection with an ACTION: Notice of intent to distribute rancher or worker representative order or finding. In this regard, it is offset for Fiscal Year 2014. (including associations of such persons) who: noted that USITC has supplied CBP SUMMARY: Pursuant to the Continued (A) Was a petitioner or interested with the list of individual antidumping Dumping and Subsidy Offset Act of party in support of a petition with and countervailing duty cases, and the 2000, this document is U.S. Customs respect to which an antidumping order, affected domestic producers associated and Border Protection’s (CBP) notice of a finding under the Antidumping Act of with each case who are potentially intent to distribute assessed 1921, or a countervailing duty order that eligible to receive an offset. This list antidumping or countervailing duties has been entered; appears at the end of this document. A significant amount of litigation has (known as the continued dumping and (B) Remains in operation continuing challenged various provisions of the subsidy offset) for Fiscal Year 2014 in to produce the product covered by a connection with countervailing duty CDSOA, most notably the definition of countervailing duty order, an the term ‘‘affected domestic producer.’’ orders, antidumping duty orders, or antidumping duty order, or a finding findings under the Antidumping Act of In two decisions, the Court of Appeals under the Antidumping Act of 1921; for the Federal Circuit (CAFC) upheld 1921. This document provides the and instructions for affected domestic the constitutionality of the support (C) Has not been acquired by another requirement contained in the CDSOA. producers, or anyone alleging eligibility company or business that is related to to receive a distribution, to file Specifically, in SKF USA Inc. v. United a company that opposed the States Customs & Border Prot., 556 F. 3d certifications to claim a distribution in antidumping or countervailing duty relation to the listed orders or findings. 1337 (Fed. Circ. 2009), the CAFC held investigation that led to the order or that the CDSOA’s support requirement DATES: Certifications to obtain a finding (e.g., opposed the petition or did not violate either the First or Fifth continued dumping and subsidy offset otherwise presented evidence in Amendments. The Supreme Court of the under a particular order or finding must opposition to the petition). United States denied plaintiff’s petition be received by August 1, 2014. Any The distribution that these parties for certiorari, SKF USA, Inc. v. United certification received after August 1, may receive is known as the continued States Customs & Border Prot., 560 U.S. 2014 will be denied, making claimants dumping and subsidy offset. 903 (S. Ct. 2010). Similarly, in PS Chez ineligible for the distribution. Section 7601(a) of the Deficit Sidney, L.L.C. v. United States, 409 Fed. ADDRESSES: Certifications and any other Reduction Act of 2005 repealed 19 Appx. 327 (Fed. Cir. 2010), the CAFC correspondence (whether by mail, or an U.S.C. 1675c. According to section 7701 summarily reversed the U.S. Court of express or courier service) must be of the Deficit Reduction Act, the repeal International Trade’s judgment that the addressed to the Assistant takes effect as if enacted on October 1, support requirement was Commissioner, Office of 2005. However, section 7601(b) unconstitutional, allowing only Administration, U.S. Customs and provides that all duties collected on an plaintiff’s non-constitutional claims to Border Protection, Revenue Division, entry filed before October 1, 2007, must go forward. See PS Chez Sidney, L.L.C., Attention: CDSOA Team, 6650 Telecom be distributed as if 19 U.S.C. 1675c had v. United States, 684 F.3d 1374 (Fed. Drive, Suite 100, Indianapolis, IN, not been repealed by section 7601(a). Cir. 2012). Furthermore, in two cases 46278. The funds available for distribution interpreting the CDSOA’s language, the FOR FURTHER INFORMATION CONTACT: were also affected by section 822 of the CAFC concluded that a producer who CDSOA Team, Revenue Division, 6650 Claims Resolution Act of 2010 and never indicates support for a dumping Telecom Drive, Suite 100, Indianapolis, section 504 of the Tax Relief, petition by letter or through IN, 46278; telephone (317) 614–4462. Unemployment Insurance questionnaire response, despite the act SUPPLEMENTARY INFORMATION: Reauthorization, and Job Creation Act of otherwise filling out a questionnaire, of 2010. cannot be an affected domestic Background Consequently, the full impact of the producer. Ashley Furniture Indus. v. The Continued Dumping and Subsidy CDSOA repeal on amounts available for United States; Ethan Allen Global, Inc. Offset Act of 2000 (CDSOA) was enacted distribution may be delayed for several v. United States, 734 F.3d 1306 (Fed. on October 28, 2000, as part of the years. Because of the statutory Cir. 2013). Agriculture, Rural Development, Food constraints in the assessments of Domestic producers who are not on and Drug Administration, and Related antidumping and countervailing duties, the USITC list but believe they Agencies Appropriations Act, 2001 (the the distribution process will be nonetheless are eligible for a CDSOA ‘‘Act’’). The provisions of the CDSOA continued for an undetermined period; distribution under one or more are contained in title X (sections 1001– however, the amount of money available antidumping and/or countervailing duty 1003) of the Act. for distribution can be expected to cases are required, as are all potential The CDSOA, in section 1003 of the continue to diminish over time. It claimants that expressly appear on the Act, further amended title VII of the should also be noted that amounts list, to properly file their certification(s) Tariff Act of 1930 by adding a new distributed may be subject to recovery within 60 days after this notice is section 754 (codified at 19 U.S.C. 1675c) as a result of reliquidations, court published. Such domestic producers VerDate Mar<15>2010 19:03 May 30, 2014 Jkt 232001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4703 E:\FR\FM\02JNN2.SGM 02JNN2 emcdonald on DSK67QTVN1PROD with NOTICES2 Federal Register / Vol. 79, No. 105 / Monday, June 2, 2014 / Notices 31415 must allege all other bases for eligibility claimants. Section 159.62(a) of title 19 as to the eligibility of the domestic in their certification(s). CBP will (19 CFR 159.62(a)) provides that CBP producer (or anyone alleging eligibility) evaluate the merits of such claims in will publish such a notice of intention to receive the requested distribution and accordance with the relevant statutes, to distribute assessed duties at least 90 the total amount of the distribution that regulations, and decisions. calendar days before the end of a fiscal the domestic producer is claiming. Certifications that are not timely filed year. Failure to publish the notice at Certifications should be submitted to within the requisite 60 days and/or that least 90 calendar days before the end of the Assistant Commissioner, Office of fail to sufficiently establish a basis for the fiscal year will not impact an Administration, U.S. Customs and eligibility will be summarily denied. affected domestic producer’s obligation Border Protection, Revenue Division, Additionally, CBP may not make a final to file a timely certification within 60 Attention: CDSOA Team, 6650 Telecom decision regarding a claimant’s days after the notice is published. See Drive, Suite 100, Indianapolis, IN eligibility to receive funds until certain Dixon Ticonderoga v. United States, 468 46278. The certification must enumerate legal issues which may affect that F.3d 1353, 1354 (Fed. Cir. 2006). the qualifying expenditures incurred by claimant’s eligibility are resolved. In the domestic producer since the Certifications; Submission and Content these instances, CBP may withhold an issuance of an order or finding and it amount of funds corresponding to the To obtain a distribution of the offset must demonstrate that the domestic claimant’s alleged pro rata share of under a given order or finding, an producer is eligible to receive a funds from distribution pending the affected domestic producer (and anyone distribution as an affected domestic resolution of those legal issues. alleging eligibility to receive a producer or allege another basis for It should also be noted that the CAFC distribution) must submit a certification eligibility. Any false statements made in ruled in Canadian Lumber Trade for each order or finding under which connection with certifications submitted Alliance v.
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