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Federal Register/Vol. 85, No. 103/Thursday, May 28, 2020/Notices

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Federal Register/Vol. 85, No. 103/Thursday, May 28, 2020/Notices 32104 Federal Register / Vol. 85, No. 103 / Thursday, May 28, 2020 / Notices DEPARTMENT OF HOMELAND duty order, an antidumping duty order, 2016; codified as 19 U.S.C. 4401), SECURITY or a finding under the Antidumping Act provided new authority for CBP to of 1921 will be distributed to affected deposit into the CDSOA Special U.S. Customs and Border Protection domestic producers for certain Account for distribution delinquency qualifying expenditures that these interest that accrued pursuant to 19 Distribution of Continued Dumping producers incur after the issuance of U.S.C. 1505(d), equitable interest under and Subsidy Offset to Affected such an order or finding. The term common law, and interest under 19 Domestic Producers ‘‘affected domestic producer’’ means U.S.C. 580 for all surety payments AGENCY: U.S. Customs and Border any manufacturer, producer, farmer, received by CBP on or after October 1, Protection, Department of Homeland rancher or worker representative 2014, on CDSOA subject entries, as well Security. (including associations of such persons) as post-judgment interest received by who: CBP on those surety payments. See 28 ACTION: Notice of intent to distribute (A) Was a petitioner or interested U.S.C. 1961. offset for Fiscal Year 2020. party in support of a petition with On March 18, 2019, President Trump SUMMARY: Pursuant to the Continued respect to which an antidumping duty ordered the sequester of non-exempt Dumping and Subsidy Offset Act of order, a finding under the Antidumping budgetary resources for Fiscal Year 2020 2000, this document is U.S. Customs Act of 1921, or a countervailing duty pursuant to section 251A of the and Border Protection’s (CBP) notice of order has been entered; Balanced Budget and Emergency Deficit intent to distribute assessed (B) Remains in operation continuing Control Act of 1985, as amended (84 FR antidumping or countervailing duties to produce the product covered by the 10401, March 21, 2019). To implement (known as the continued dumping and countervailing duty order, the this sequester during Fiscal Year 2020, subsidy offset) for Fiscal Year 2020 in antidumping duty order, or the finding the calculation of the Office of connection with countervailing duty under the Antidumping Act of 1921; and Management and Budget (OMB) orders, antidumping duty orders, or (C) Has not been acquired by another requires a reduction of 5.9 percent of the findings under the Antidumping Act of company or business that is related to assessed duties and interest received in 1921. This document provides the a company that opposed the the CDSOA Special Account (account antidumping or countervailing duty instructions for affected domestic number 015–12–5688). OMB has investigation that led to the order or producers, or anyone alleging eligibility concluded that any amounts finding (e.g., opposed the petition or to receive a distribution, to file sequestered in the CDSOA Special otherwise presented evidence in certifications to claim a distribution in Account during Fiscal Year 2020 will opposition to the petition). The relation to the listed orders or findings. become available in the subsequent distribution that these parties may fiscal year. See 2 U.S.C. 906(k)(6). As a DATES: Certifications to obtain a receive is known as the continued result, CBP intends to include the funds continued dumping and subsidy offset dumping and subsidy offset. that are temporarily reduced via under a particular order or finding must Section 7601(a) of the Deficit sequester during Fiscal Year 2020 in the be received by July 27, 2020. Any Reduction Act of 2005 repealed 19 continued dumping and subsidy offset certification received after July 27, 2020 U.S.C. 1675c. According to section 7701 for Fiscal Year 2020, which will be will be summarily denied, making of the Deficit Reduction Act, the repeal distributed not later than 60 days after claimants ineligible for the distribution. takes effect as if enacted on October 1, the first day of Fiscal Year 2021 in ADDRESSES: Certifications and any other 2005. However, section 7601(b) accordance with 19 U.S.C. 1675c(c). In correspondence (whether by mail, or an provides that all duties collected on an other words, the continued dumping express or courier service) must be entry filed before October 1, 2007, must and subsidy offset that affected addressed to U.S. Customs and Border be distributed as if 19 U.S.C. 1675c had domestic producers receive for Fiscal Protection, Revenue Division, Attention: not been repealed by section 7601(a). Year 2020 will include the funds that CDSOA Team, 6650 Telecom Drive, The funds available for distribution were temporarily sequestered during Suite 100, Indianapolis, IN, 46278. were also affected by section 822 of the Fiscal Year 2020. FOR FURTHER INFORMATION CONTACT: Claims Resolution Act of 2010 and Because of the statutory constraints in Sean Wuethrich, CDSOA Team, section 504 of the Tax Relief, the assessments of antidumping and Revenue Division, 6650 Telecom Drive, Unemployment Insurance countervailing duties, as well as the Suite 100, Indianapolis, IN, 46278; Reauthorization, and Job Creation Act additional time involved when the telephone (317) 614–4462. of 2010. Government must initiate litigation to SUPPLEMENTARY INFORMATION: Historically, the antidumping and collect delinquent antidumping and countervailing duties assessed and countervailing duties, the CDSOA Background received by CBP on CDSOA-subject distribution process will be continued The Continued Dumping and Subsidy entries, along with the interest assessed for an undetermined period. Offset Act of 2000 (CDSOA) was enacted and received on those duties pursuant Consequently, the full impact of the on October 28, 2000, as part of the to 19 U.S.C. 1677g, were transferred to CDSOA repeal on amounts available for Agriculture, Rural Development, Food the CDSOA Special Account for distribution may be delayed for several and Drug Administration, and Related distribution. 66 FR 48546, Sept. 21, years. It should also be noted that Agencies Appropriations Act, 2001 (the 2001; see also 19 CFR 159.64(e). Other amounts distributed may be subject to ‘‘Act’’). The provisions of the CDSOA types of interest, including delinquency recovery as a result of reliquidations, are contained in title X (sections 1001– interest that accrued pursuant to 19 court actions, administrative errors, and 1003) of the Appendix of the Act (H.R. U.S.C. 1505(d), equitable interest under other reasons. 5426). common law, and interest under 19 The CDSOA amended title VII of the U.S.C. 580, were not subject to List of Orders or Findings and Affected Tariff Act of 1930 by adding a new distribution. Id. Domestic Producers section 754 (codified at 19 U.S.C. 1675c) Section 605 of the Trade Facilitation It is the responsibility of the U.S. in order to provide that assessed duties and Trade Enforcement Act of 2015 International Trade Commission received pursuant to a countervailing (TFTEA) (Pub. L. 114–125, February 24, (USITC) to ascertain and timely forward VerDate Sep<11>2014 17:28 May 27, 2020 Jkt 250001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4703 E:\FR\FM\28MYN2.SGM 28MYN2 jbell on DSKJLSW7X2PROD with NOTICES2 Federal Register / Vol. 85, No. 103 / Thursday, May 28, 2020 / Notices 32105 to CBP a list of the affected domestic within the requisite 60 days and/or that distribute at least 90 calendar days producers that are potentially eligible to fail to sufficiently establish a basis for before the end of a fiscal year. Failure receive an offset in connection with an eligibility will be summarily denied. to publish the notice at least 90 calendar order or finding. In this regard, it is Additionally, CBP may not make a final days before the end of the fiscal year noted that the USITC has supplied CBP decision regarding a claimant’s will not affect an affected domestic with the list of individual antidumping eligibility to receive funds until certain producer’s obligation to file a timely and countervailing duty cases, and the legal issues which may affect that certification within 60 days after the affected domestic producers associated claimant’s eligibility are resolved. In notice is published. See Dixon with each case who are potentially these instances, CBP may withhold an Ticonderoga v. United States, 468 F.3d eligible to receive an offset. This list amount of funds corresponding to the 1353, 1354 (Fed. Cir. 2006). appears at the end of this document. claimant’s alleged pro rata share of Certifications; Submission and Content A significant amount of litigation has funds from distribution pending the challenged various provisions of the resolution of those legal issues. To obtain a distribution of the offset CDSOA, including the definition of the It should also be noted that the under a given order or finding term ‘‘affected domestic producer.’’ In Federal Circuit ruled in Canadian (including any distribution under 19 two decisions, the U.S. Court of Appeals Lumber Trade Alliance v. United States, U.S.C. 4401), an affected domestic for the Federal Circuit (Federal Circuit) 517 F.3d 1319 (Fed. Cir. 2008), cert. producer (and anyone alleging upheld the constitutionality of the denied sub nom. United States Steel v. eligibility to receive a distribution) must support requirement contained in the Canadian Lumber Trade Alliance, 129 submit a certification for each order or CDSOA. Specifically, in SKF USA Inc. S. Ct. 344 (2008), that CBP was not finding under which a distribution is v. United States Customs & Border Prot., authorized to distribute such sought, to CBP, indicating its desire to 556 F.3d 1337 (Fed. Cir. 2009), the antidumping and countervailing duties receive a distribution. To be eligible to Federal Circuit held that the CDSOA’s to the extent they were derived from obtain a distribution, certifications must support requirement did not violate goods from countries that are parties to be received by CBP no later than 60 either the First or Fifth Amendment.
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