25052 Federal Register / Vol. 82, No. 103 / Wednesday, May 31, 2017 / 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 Domestic Producers common law, and interest under 19 ‘‘affected domestic producer’’ means U.S.C. 580 for payments received on or AGENCY: U.S. Customs and Border any manufacturer, producer, farmer, after October 1, 2014, on CDSOA subject Protection, Department of Homeland rancher or worker representative entries if the payment was made by a Security. (including associations of such persons) surety in connection with a customs ACTION: Notice of intent to distribute who: bond pursuant to a court order or offset for Fiscal Year 2017. (A) Was a petitioner or interested party in support of a petition with judgment, or a litigation settlement with the surety, including any payments SUMMARY: Pursuant to the Continued respect to which an antidumping order, made during the litigation by the surety Dumping and Subsidy Offset Act of a finding under the Antidumping Act of 2000, this document is U.S. Customs 1921, or a countervailing duty order has with respect to the bond. and Border Protection’s (CBP) notice of been entered; On February 9, 2016, President intent to distribute assessed (B) Remains in operation continuing Obama ordered the sequester of non- antidumping or countervailing duties to produce the product covered by the exempt budgetary resources for Fiscal (known as the continued dumping and countervailing duty order, the Year 2017 pursuant to section 251A of subsidy offset) for Fiscal Year 2017 in antidumping duty order, or the finding the Balanced Budget and Emergency connection with countervailing duty under the Antidumping Act of 1921; and Deficit Control Act of 1985, as amended orders, antidumping duty orders, or (C) Has not been acquired by another (81 FR 7693, February 12, 2016). To findings under the Antidumping Act of company or business that is related to implement this sequester during Fiscal a company that opposed the 1921. This document provides the Year 2017, the calculation of the Office antidumping or countervailing duty instructions for affected domestic of Management and Budget (OMB) investigation that led to the order or producers, or anyone alleging eligibility requires a reduction of 6.9 percent of the to receive a distribution, to file finding (e.g., opposed the petition or otherwise presented evidence in assessed duties and interest received in certifications to claim a distribution in the CDSOA Special Account (account relation to the listed orders or findings. opposition to the petition). The distribution that these parties may number 015–12–5688). OMB has DATES: Certifications to obtain a receive is known as the continued concluded that any amounts continued dumping and subsidy offset dumping and subsidy offset. sequestered in the CDSOA Special under a particular order or finding must Section 7601(a) of the Deficit Account during Fiscal Year 2017 will be received by July 31, 2017 Any Reduction Act of 2005 repealed 19 become available in the subsequent certification received after July 31, 2017 U.S.C. 1675c. According to section 7701 fiscal year. See 2 U.S.C. 906(k)(6). As a will be summarily denied, making of the Deficit Reduction Act, the repeal result, CBP intends to include the funds claimants ineligible for the distribution. takes effect as if enacted on October 1, that are temporarily reduced via ADDRESSES: Certifications and any other 2005. However, section 7601(b) sequester during Fiscal Year 2017 in the correspondence (whether by mail, or an provides that all duties collected on an continued dumping and subsidy offset express or courier service) must be entry filed before October 1, 2007, must for Fiscal Year 2017, which will be addressed to the U.S. Customs and be distributed as if 19 U.S.C. 1675c had distributed not later than 60 days after Border Protection, Revenue Division, not been repealed by section 7601(a). the first day of Fiscal Year 2018 in Attention: CDSOA Team, 6650 Telecom The funds available for distribution accordance with 19 U.S.C. 1675c(c). In Drive, Suite 100, Indianapolis, IN, were also affected by section 822 of the other words, the continued dumping 46278. Claims Resolution Act of 2010 and and subsidy offset that affected FOR FURTHER INFORMATION CONTACT: section 504 of the Tax Relief, domestic producers receive for Fiscal CDSOA Team, Revenue Division, 6650 Unemployment Insurance Year 2017 will include the funds that Telecom Drive, Suite 100, Indianapolis, Reauthorization, and Job Creation Act were temporarily sequestered during IN, 46278; telephone (317) 614–4462. of 2010. Fiscal Year 2017. SUPPLEMENTARY INFORMATION: Historically, the antidumping and countervailing duties assessed and Because of the statutory constraints in Background received by CBP on CDSOA-subject the assessments of antidumping and The Continued Dumping and Subsidy entries, along with the interest assessed countervailing duties, as well as the Offset Act of 2000 (CDSOA) was enacted and received on those duties pursuant additional time involved when the on October 28, 2000, as part of the to 19 U.S.C. 1677g, were transferred to Government must initiate litigation to Agriculture, Rural Development, Food the CDSOA Special Account for collect delinquent antidumping and and Drug Administration, and Related distribution. 66 FR 48546, Sept. 21, countervailing duties, the CDSOA Agencies Appropriations Act, 2001 (the 2001; see also 19 CFR 159.64(e). Other distribution process will be continued ‘‘Act’’). The provisions of the CDSOA types of interest, including delinquency for an undetermined period. are contained in title X (sections 1001– interest that accrued pursuant to 19 Consequently, the full impact of the 1003) of the Appendix of the Act (H.R. U.S.C. 1505(d), equitable interest under CDSOA repeal on amounts available for 5426). common law, and interest under 19 distribution may be delayed for several The CDSOA amended title VII of the U.S.C. 580, were not subject to years. It should also be noted that Tariff Act of 1930 by adding a new distribution. Id. amounts distributed may be subject to section 754 (codified at 19 U.S.C. 1675c) Section 605 of the Trade Facilitation recovery as a result of reliquidations, in order to provide that assessed duties and Trade Enforcement Act of 2015 court actions, administrative errors, and received pursuant to a countervailing (TFTEA) (Pub. L. 114–125, February 24, other reasons. VerDate Sep<11>2014 17:10 May 30, 2017 Jkt 241001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4703 E:\FR\FM\31MYN2.SGM 31MYN2 asabaliauskas on DSKBBXCHB2PROD with NOTICES Federal Register / Vol. 82, No. 103 / Wednesday, May 31, 2017 / Notices 25053 List of Orders or Findings and Affected published. Such domestic producers listed in this document. All Domestic Producers must allege all other bases for eligibility distributions will be issued by paper It is the responsibility of the U.S. in their certification(s). CBP will check to the address provided by the International Trade Commission evaluate the merits of such claims in claimants. Section 159.62(a) of title 19, (USITC) to ascertain and timely forward accordance with the relevant statutes, Code of Federal Regulations (19 CFR to CBP a list of the affected domestic regulations, and decisions. 159.62(a)) provides that CBP will producers that are potentially eligible to Certifications that are not timely filed publish such a notice of intention to receive an offset in connection with an within the requisite 60 days and/or that distribute at least 90 calendar days order or finding. In this regard, it is fail to sufficiently establish a basis for before the end of a fiscal year. Failure noted that USITC has supplied CBP eligibility will be summarily denied. to publish the notice at least 90 calendar with the list of individual antidumping Additionally, CBP may not make a final days before the end of the fiscal year and countervailing duty cases, and the decision regarding a claimant’s will not affect an affected domestic eligibility to receive funds until certain affected domestic producers associated producer’s obligation to file a timely legal issues which may affect that with each case who are potentially certification within 60 days after the claimant’s eligibility are resolved. In eligible to receive an offset. This list notice is published. See Dixon these instances, CBP may withhold an appears at the end of this document. Ticonderoga v. United States, 468 F.3d A significant amount of litigation has amount of funds corresponding to the 1353, 1354 (Fed. Cir. 2006). claimant’s alleged pro rata share of challenged various provisions of the Certifications; Submission and Content CDSOA, including the definition of the funds from distribution pending the resolution of those legal issues. term ‘‘affected domestic producer.’’ In To obtain a distribution of the offset It should also be noted that the two decisions the U.S. Court of Appeals under a given order or finding Federal Circuit ruled in Canadian (including any distribution under 19 for the Federal Circuit (Federal Circuit) Lumber Trade Alliance v. United States, upheld the constitutionality of the U.S.C. 4401), an affected domestic 517 F.3d 1319 (Fed. Cir. 2008), cert. producer (and anyone alleging support requirement contained in the denied sub nom.