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Friday, May 30, 2008 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 Aug<31>2005 15:35 May 29, 2008 Jkt 214001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\30MYN2.SGM 30MYN2 ebenthall on PRODPC68 with NOTICES2 31196 Federal Register / Vol. 73, No. 105 / Friday, May 30, 2008 / Notices DEPARTMENT OF HOMELAND SUPPLEMENTARY INFORMATION: procedures under former § 1675c. Second, the duty on an entry is not SECURITY Background available for distribution until the entry U.S. Customs and Border Protection The Continued Dumping and Subsidy is liquidated pursuant to the direction of Offset Act of 2000 (CDSOA) was enacted the Department of Commerce and the Distribution of Continued Dumping on October 28, 2000, as part of the duty is collected and deposited into the and Subsidy Offset to Affected Agriculture, Rural Development, Food special account; therefore, the Domestic Producers and Drug Administration, and Related distribution process will continue until AGENCY: U.S. Customs and Border Agencies Appropriations Act, 2001 (the all entries made before October 1, 2007, Protection, Department of Homeland ‘‘Act’’). The provisions of the CDSOA are liquidated and the duties are Security. are contained in title X (§§ 1001–1003) collected. Because of the statutory of the Act. ACTION: constraints in the assessments of Notice of intent to distribute The CDSOA, in § 1003 of the Act, offset for Fiscal Year 2008. antidumping and countervailing duties, amended title VII of the Tariff Act of the distribution process will be SUMMARY: Pursuant to the Continued 1930, as amended, by adding a new continued for an undetermined period; Dumping and Subsidy Offset Act of § 754 (codified at 19 U.S.C. 1675c) in however, the amount of money available 2000, this document is U.S. Customs order to provide that assessed duties for distribution can be expected to and Border Protection’s notice of intent received pursuant to a countervailing diminish over time. It should also be to distribute assessed antidumping or duty order, an antidumping duty order, noted that amounts distributed may be countervailing duties (known as the or a finding under the Antidumping Act subject to recovery as a result of continued dumping and subsidy offset) of 1921 will be distributed to affected reliquidations, court actions, for Fiscal Year 2008 in connection with domestic producers for certain administrative errors, and other reasons. countervailing duty orders, qualifying expenditures that these producers incur after the issuance of List of Orders or Findings and Affected antidumping duty orders, or findings Domestic Producers under the Antidumping Act of 1921. such an order or finding. The term This document sets forth the case name ‘‘affected domestic producer’’ means It is the responsibility of the U.S. and number of each order or finding for any manufacturer, producer, farmer, International Trade Commission which funds may become available for rancher or worker representative (USITC) to ascertain and timely forward distribution, together with the list of (including associations of such persons) to U.S. Customs and Border Protection affected domestic producers, based on who: (CBP) a list of the affected domestic the list supplied by the United States (A) Was a petitioner or interested producers that are potentially eligible to International Trade Commission party in support of a petition with receive an offset in connection with an (USITC) associated with each order or respect to which an antidumping order, order or finding. In this regard, it is finding, who are potentially eligible to a finding under the Antidumping Act of noted that the USITC has supplied CBP receive a distribution. This document 1921, or a countervailing duty order that with the list of individual antidumping also provides the instructions for has been entered, and countervailing duty cases, and the affected domestic producers (and (B) Remains in operation continuing affected domestic producers associated anyone alleging eligibility to receive a to produce the product covered by a with each case who are potentially distribution) to file certifications to countervailing duty order, an eligible to receive an offset. This list claim a distribution in relation to the antidumping duty order, or a finding appears at the end of this document. Recent decisions by the Court of listed orders or findings. under the Antidumping Act of 1921, and International Trade (CIT) have DATES: Certifications to obtain a (C) If a company, has not been interpreted various provisions of the continued dumping and subsidy offset acquired by another company or CDSOA, particularly those related to the under a particular order or finding must business that is related to a company definition of the term ‘‘affected be received by July 29, 2008. Any that opposed the antidumping or domestic producer.’’ In Pat Huval certification received after July 29, 2008 countervailing duty investigation that Restaurant & Oyster Bar, Inc. v. United will be denied, making claimants led to the order or finding, e.g., opposed States, 2008 Ct. Int’l Trade LEXIS 23, ineligible for the distribution. the petition or otherwise presented Slip Op. 08–26 (Ct. Int’l Trade Mar. 3, ADDRESSES: Certifications and any other evidence in opposition to the petition. 2008), the CIT held that a domestic correspondence should be addressed to The distribution that these parties producer’s failure to file timely the Assistant Commissioner, Office of may receive is known as the continued certifications in certain fiscal years was Finance, U.S. Customs and Border dumping and subsidy offset. not necessarily a bar to seeking judicial Protection, Revenue Division, Attention: Section 7601(a) of the Deficit review for disbursements made within Leigh Redelman, 6650 Telecom Drive Reduction Act of 2005 repealed 19 two years of filing suit because Suite 100, Indianapolis, IN 46278. Any U.S.C. 1675c. According to § 7701 of the ‘‘Customs could have done nothing but delivery by an express or courier service Deficit Reduction Act, the repeal takes reject them.’’ In both SKF USA Inc. v. requiring a street address may be effect as if enacted on October 1, 2005. United States, 451 F. Supp. 2d 1355, addressed to 6650 Telecom Drive, Suite However, § 7601(b) provides that all 1366 (Ct. Int’l Trade 2006), and PS Chez 100, Indianapolis, IN 46278. duties collected on an entry filed before Sidney, L.L.C. v. United States ITC, 502 FOR FURTHER INFORMATION CONTACT: For October 1, 2007, shall be distributed as F. Supp. 2d 1318, 1325 (Ct. Int’l Trade general questions regarding preparation if 19 U.S.C. 1675c had not been repealed 2007), the CIT held that the CDSOA’s of certifications, contact Leigh by § 7601(a). support requirement was Redelman, Revenue Division, (317) 614– Consequently, the full impact of the unconstitutional and severed this 4462. For questions regarding legal CDSOA repeal on amounts available for requirement for eligibility. As a result of aspects, contact William G. Rosoff, distribution may be delayed for several these decisions and a number of other Office of International Trade, years. First, money collected on an entry pending cases, CBP has calculated and Regulations and Rulings, (202) 572– filed before October 1, 2007, will withheld from distribution an amount 8807. continue to be subject to the distribution corresponding to the pro-rata share of VerDate Aug<31>2005 15:35 May 29, 2008 Jkt 214001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4703 E:\FR\FM\30MYN2.SGM 30MYN2 ebenthall on PRODPC68 with NOTICES2 Federal Register / Vol. 73, No. 105 / Friday, May 30, 2008 / Notices 31197 all domestic producers who have filed Certifications; Submission and Content expenditures incurred by the domestic timely and facially accurate To obtain a distribution of the offset producer since the issuance of an order certifications starting in 2006, despite under a given order or finding, an or finding and it must demonstrate that the fact that some claimants may not affected domestic producer (and anyone the domestic producer is eligible to have appeared on the ITC list. alleging eligibility to receive a receive a distribution as an affected Therefore, at a minimum, even under distribution) must submit a certification domestic producer or allege another the relevant court decisions, it would for each order or finding under which basis of eligibility. A successor to a company that was an not have been futile for domestic a distribution is sought, to CBP, affected domestic producer at the time producers not appearing on the ITC list indicating their desire to receive a of acquisition should consult 19 CFR to file certifications starting in fiscal distribution. To be eligible to obtain a 159.61(b)(1)(i). We note that the year 2006. CBP will determine the distribution, certifications must be successor company may assume joint proper recipients of these funds once received by CBP no later than 60 certain legal issues are resolved. As a and several liability for the return of any calendar days after the date of overpayments arising under result, domestic producers who are not publication of this notice of intent to on the USITC list but believe they § 159.64(c)(3) that were previously paid distribute in the Federal Register. All to the predecessor. CBP may require the nonetheless are eligible for a CDSOA certifications not received by the 60th distribution under one or more successor company to provide day will not be eligible to receive a documents to support its eligibility to antidumping and/or countervailing duty distribution. cases are required, as are all potential receive a distribution as set out in As required by 19 CFR 159.62(b), this § 159.63(d). claimants that expressly appear on the notice provides the case name and A member company (or its successor) list, to file their certification(s) within number of the order or finding of an association that appears on the list 60 days after this notice is published.