25342 Federal Register / Vol. 84, No. 105 / Friday, May 31, 2019 / 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 on or after October 1, 2014, on Protection, Department of Homeland rancher or worker representative CDSOA subject entries. Security. (including associations of such persons) On February 12, 2018, President who: Trump ordered the sequester of non- ACTION: Notice of intent to distribute (A) Was a petitioner or interested exempt budgetary resources for Fiscal offset for Fiscal Year 2019. party in support of a petition with Year 2019 pursuant to section 251A of SUMMARY: Pursuant to the Continued respect to which an antidumping duty the Balanced Budget and Emergency Dumping and Subsidy Offset Act of order, a finding under the Antidumping Deficit Control Act of 1985, as amended 2000, this document is U.S. Customs Act of 1921, or a countervailing duty (83 FR 6789, February 15, 2018). To and Border Protection’s (CBP) notice of order has been entered; implement this sequester during Fiscal intent to distribute assessed (B) Remains in operation continuing Year 2019, the calculation of the Office antidumping or countervailing duties to produce the product covered by the of Management and Budget (OMB) (known as the continued dumping and countervailing duty order, the requires a reduction of 6.2 percent of the subsidy offset) for Fiscal Year 2019 in antidumping duty order, or the finding assessed duties and interest received in connection with countervailing duty under the Antidumping Act of 1921; and the CDSOA Special Account (account orders, antidumping duty orders, or (C) Has not been acquired by another number 015–12–5688). OMB has findings under the Antidumping Act of company or business that is related to concluded that any amounts 1921. This document provides the a company that opposed the sequestered in the CDSOA Special antidumping or countervailing duty instructions for affected domestic Account during Fiscal Year 2019 will investigation that led to the order or producers, or anyone alleging eligibility become available in the subsequent finding (e.g., opposed the petition or to receive a distribution, to file fiscal year. See 2 U.S.C. 906(k)(6). As a otherwise presented evidence in certifications to claim a distribution in result, CBP intends to include the funds opposition to the petition). The relation to the listed orders or findings. that are temporarily reduced via distribution that these parties may sequester during Fiscal Year 2019 in the DATES: Certifications to obtain a receive is known as the continued continued dumping and subsidy offset continued dumping and subsidy offset dumping and subsidy offset. for Fiscal Year 2019, which will be under a particular order or finding must Section 7601(a) of the Deficit distributed not later than 60 days after be received by July 30, 2019. Any Reduction Act of 2005 repealed 19 the first day of Fiscal Year 2020 in certification received after July 30, 2019 U.S.C. 1675c. According to section 7701 accordance with 19 U.S.C. 1675c(c). In will be summarily denied, making of the Deficit Reduction Act, the repeal other words, the continued dumping claimants ineligible for the distribution. takes effect as if enacted on October 1, and subsidy offset that affected ADDRESSES: Certifications and any other 2005. However, section 7601(b) domestic producers receive for Fiscal correspondence (whether by mail, or an provides that all duties collected on an Year 2019 will include the funds that express or courier service) must be entry filed before October 1, 2007, must were temporarily sequestered during addressed to U.S. Customs and Border be distributed as if 19 U.S.C. 1675c had Fiscal Year 2019. Protection, Revenue Division, Attention: not been repealed by section 7601(a). Because of the statutory constraints in CDSOA Team, 6650 Telecom Drive, The funds available for distribution the assessments of antidumping and Suite 100, Indianapolis, IN 46278. were also affected by section 822 of the countervailing duties, as well as the FOR FURTHER INFORMATION CONTACT: Claims Resolution Act of 2010 and additional time involved when the Sean Wuethrich, CDSOA Team, section 504 of the Tax Relief, Government must initiate litigation to Revenue Division, 6650 Telecom Drive, Unemployment Insurance collect delinquent antidumping and Suite 100, Indianapolis, IN 46278; Reauthorization, and Job Creation Act countervailing duties, the CDSOA telephone (317) 614–4462. of 2010. distribution process will be continued SUPPLEMENTARY INFORMATION: Historically, the antidumping and for an undetermined period. countervailing duties assessed and Consequently, the full impact of the Background received by CBP on CDSOA-subject CDSOA repeal on amounts available for The Continued Dumping and Subsidy entries, along with the interest assessed distribution may be delayed for several Offset Act of 2000 (CDSOA) was enacted and received on those duties pursuant years. It should also be noted that on October 28, 2000, as part of the to 19 U.S.C. 1677g, were transferred to amounts distributed may be subject to Agriculture, Rural Development, Food the CDSOA Special Account for recovery as a result of reliquidations, and Drug Administration, and Related distribution. 66 FR 48546, Sept. 21, court actions, administrative errors, and Agencies Appropriations Act, 2001 (the 2001; see also 19 CFR 159.64(e). Other other reasons. ‘‘Act’’). The provisions of the CDSOA types of interest, including delinquency are contained in title X (sections 1001– interest that accrued pursuant to 19 List of Orders or Findings and Affected 1003) of the Appendix of the Act (H.R. U.S.C. 1505(d), equitable interest under Domestic Producers 5426). common law, and interest under 19 It is the responsibility of the U.S. The CDSOA amended title VII of the U.S.C. 580, were not subject to International Trade Commission Tariff Act of 1930 by adding a new distribution. Id. (USITC) to ascertain and timely forward section 754 (codified at 19 U.S.C. 1675c) Section 605 of the Trade Facilitation to CBP a list of the affected domestic in order to provide that assessed duties and Trade Enforcement Act of 2015 producers that are potentially eligible to received pursuant to a countervailing (TFTEA) (Pub. L. 114–125, February 24, receive an offset in connection with an VerDate Sep<11>2014 16:54 May 30, 2019 Jkt 247001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4703 E:\FR\FM\31MYN2.SGM 31MYN2 khammond on DSKBBV9HB2PROD with NOTICES2 Federal Register / Vol. 84, No. 105 / Friday, May 31, 2019 / Notices 25343 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. the North American Free Trade calendar days after the date of The Supreme Court of the United States Agreement (NAFTA). Due to this publication of this notice of intent to denied plaintiff’s petition for certiorari, decision, CBP does not list cases related distribute in the Federal Register.