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Department of Homeland Security Vol. 81 Tuesday, No. 104 May 31, 2016 Part IV Department of Homeland Security U.S. Customs and Border Protection Distribution of Continued Dumping and Subsidy Offset to Affected Domestic Producers; Notice VerDate Sep<11>2014 00:07 May 28, 2016 Jkt 238001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\31MYN2.SGM 31MYN2 srobinson on DSK5SPTVN1PROD with NOTICES2 34624 Federal Register / Vol. 81, No. 104 / Tuesday, May 31, 2016 / Notices DEPARTMENT OF HOMELAND received pursuant to a countervailing (TFTEA) (Pub. L. 114–125, February 24, SECURITY duty order, an antidumping duty order, 2016), provides new authority for CBP or a finding under the Antidumping Act to deposit into the CDSOA Special U.S. Customs and Border Protection of 1921 will be distributed to affected Account for distribution delinquency domestic producers for certain interest that accrued pursuant to 19 Distribution of Continued Dumping qualifying expenditures that these U.S.C. 1505(d), equitable interest under and Subsidy Offset to Affected producers incur after the issuance of common law, and interest under 19 Domestic Producers such an order or finding. The term U.S.C. 580 for payments received on or AGENCY: U.S. Customs and Border ‘‘affected domestic producer’’ means after October 1, 2014, on CDSOA subject Protection, Department of Homeland any manufacturer, producer, farmer, entries if the payment was made by a Security. rancher or worker representative surety in connection with a customs (including associations of such persons) bond pursuant to a court order or ACTION: Notice of intent to distribute who: judgment, or a litigation settlement with offset for Fiscal Year 2016. (A) Was a petitioner or interested the surety, including any payments SUMMARY: Pursuant to the Continued party in support of a petition with made during the litigation by the surety Dumping and Subsidy Offset Act of respect to which an antidumping order, with respect to the bond. 2000, this document is U.S. Customs a finding under the Antidumping Act of Surety payments received from and Border Protection’s (CBP) notice of 1921, or a countervailing duty order has October 1, 2014, through September 30, intent to distribute assessed been entered; 2016, for which delinquency, equitable, antidumping or countervailing duties (B) Remains in operation continuing and 19 U.S.C. 580 interest are subject to (known as the continued dumping and to produce the product covered by the distribution under Section 605 of the subsidy offset) for Fiscal Year 2016 in countervailing duty order, the TFTEA will be deposited into the connection with countervailing duty antidumping duty order, or the finding Special Account during Fiscal Year orders, antidumping duty orders, or under the Antidumping Act of 1921; and 2016 for inclusion in the Fiscal Year findings under the Antidumping Act of (C) Has not been acquired by another 2016 distribution. Any domestic 1921. This document provides the company or business that is related to producer seeking distribution of interest a company that opposed the instructions for affected domestic as provided under Section 605 of the antidumping or countervailing duty producers, or anyone alleging eligibility TFTEA for payments received from investigation that led to the order or to receive a distribution, to file October 1, 2014, through September 30, finding (e.g., opposed the petition or certifications to claim a distribution in 2016, must file a timely Fiscal Year otherwise presented evidence in relation to the listed orders or findings. 2016 certification. CBP will utilize the opposition to the petition). Fiscal Year 2016 certifications to DATES: Certifications to obtain a The distribution that these parties may determine each domestic producer’s continued dumping and subsidy offset receive is known as the continued pro-rata share of the assessed duties under a particular order or finding must dumping and subsidy offset. received during Fiscal Year 2016, the be received by August 1, 2016. Any Section 7601(a) of the Deficit assessed 19 U.S.C. 1677g interest certification received after August 1, Reduction Act of 2005 repealed 19 received during Fiscal Year 2016, as 2016 will be denied, making claimants U.S.C. 1675c. According to section 7701 well as the interest provided for under ineligible for the distribution. of the Deficit Reduction Act, the repeal Section 605 of the TFTEA for payments ADDRESSES: Certifications and any other takes effect as if enacted on October 1, received from October 1, 2014, through correspondence (whether by mail, or an 2005. However, section 7601(b) September 30, 2016. express or courier service) must be provides that all duties collected on an On February 2, 2015, President addressed to the Acting Executive entry filed before October 1, 2007, must Obama ordered the sequester of non- Assistant Commissioner, Enterprise be distributed as if 19 U.S.C. 1675c had exempt budgetary resources for Fiscal Services, U.S. Customs and Border not been repealed by section 7601(a). Year 2016 pursuant to section 251A of Protection, Revenue Division, Attention: The funds available for distribution the Balanced Budget and Emergency CDSOA Team, 6650 Telecom Drive, were also affected by section 822 of the Deficit Control Act of 1985, as amended Suite 100, Indianapolis, IN, 46278. Claims Resolution Act of 2010 and (80 FR 6645, February 6, 2015). To FOR FURTHER INFORMATION CONTACT: section 504 of the Tax Relief, implement this sequester during Fiscal CDSOA Team, Revenue Division, 6650 Unemployment Insurance Year 2016, the calculation of the Office Telecom Drive, Suite 100, Indianapolis, Reauthorization, and Job Creation Act of Management and Budget (OMB) IN, 46278; telephone (317) 614–4462. of 2010. requires a reduction of 6.8 percent of the SUPPLEMENTARY INFORMATION: Historically, the antidumping and assessed duties and interest received in countervailing duties assessed and the CDSOA Special Account (account Background received by CBP on CDSOA-subject number 015–12–5688). OMB has The Continued Dumping and Subsidy entries, along with the interest assessed concluded that any amounts Offset Act of 2000 (CDSOA) was enacted and received on those duties pursuant sequestered in the CDSOA Special on October 28, 2000, as part of the to 19 U.S.C. 1677g, were transferred to Account during Fiscal Year 2016 will Agriculture, Rural Development, Food the CDSOA Special Account for become available in the subsequent and Drug Administration, and Related distribution (66 FR 48546, Sept. 21, fiscal year. See 2 U.S.C. 906(k)(6). As a Agencies Appropriations Act, 2001 (the 2001) see also 19 CFR 159.64(e). Other result, CBP intends to include the funds ‘‘Act’’). The provisions of the CDSOA types of interest, including delinquency that are temporarily reduced via are contained in title X (sections 1001– interest that accrued pursuant to 19 sequester during Fiscal Year 2016 in the 1003) of the Appendix of the Act (H.R. U.S.C. 1505(d), equitable interest under continued dumping and subsidy offset 5426). common law, and interest under 19 for Fiscal Year 2016, which will be The CDSOA amended title VII of the U.S.C. 580, were not subject to distributed not later than 60 days after Tariff Act of 1930 by adding a new distribution. Id. the first day of Fiscal Year 2017 in section 754 (codified at 19 U.S.C. 1675c) Section 605 of the Trade Facilitation accordance with 19 U.S.C. 1675c(c). In in order to provide that assessed duties and Trade Enforcement Act of 2015 other words, the continued dumping VerDate Sep<11>2014 00:07 May 28, 2016 Jkt 238001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4703 E:\FR\FM\31MYN2.SGM 31MYN2 srobinson on DSK5SPTVN1PROD with NOTICES2 Federal Register / Vol. 81, No. 104 / Tuesday, May 31, 2016 / Notices 34625 and subsidy offset that affected Federal Circuit concluded that a final rule added a new subpart F to part domestic producers receive for Fiscal producer who never indicates support 159 of title 19, Code of Federal Year 2016 will include the funds that for a dumping petition by letter or Regulations (19 CFR part 159, subpart F were temporarily sequestered during through questionnaire response, despite (§§ 159.61–159.64)). More specific Fiscal Year 2016. the act of otherwise filling out a guidance regarding the filing of Because of the statutory constraints in questionnaire, cannot be an affected certifications is provided in this notice the assessments of antidumping and domestic producer. Ashley Furniture in order to aid affected domestic countervailing duties, as well as the Indus. v. United States; Ethan Allen producers and other domestic producers additional time involved when the Global, Inc. v. United States, 734 F.3d alleging eligibility (‘‘claimants’’ or Government must initiate litigation to 1306 (Fed. Cir. 2013), cert. denied, 135 ‘‘domestic producers’’). collect delinquent antidumping and S. Ct. 72 (2014); Giorgio Foods, Inc. v. Notice of Intent To Distribute Offset countervailing duties, the CDSOA United States et al., 785 F.3d 595 (Fed. distribution process will be continued Cir. 2015). This document announces that CBP for an undetermined period. Domestic producers who are not on intends to distribute to affected Consequently, the full impact of the the USITC list but believe they domestic producers the assessed CDSOA repeal on amounts available for nonetheless are eligible for a CDSOA antidumping or countervailing duties distribution may be delayed for several distribution under one or more that are available for distribution in years. It should also be noted that antidumping and/or countervailing duty Fiscal Year 2016 in connection with amounts distributed may be subject to cases are required, as are all potential those antidumping duty orders or recovery as a result of reliquidations, claimants that expressly appear on the findings or countervailing duty orders court actions, administrative errors, and list, to properly file their certification(s) that are listed in this document.
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