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Vol. 77 Friday, No. 106 June 1, 2012 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 Mar<15>2010 17:18 May 31, 2012 Jkt 226001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\01JNN2.SGM 01JNN2 srobinson on DSK4SPTVN1PROD with NOTICES2 32718 Federal Register / Vol. 77, No. 106 / Friday, June 1, 2012 / Notices DEPARTMENT OF HOMELAND on October 28, 2000, as part of the constraints in the assessments of SECURITY Agriculture, Rural Development, Food antidumping and countervailing duties, and Drug Administration, and Related the distribution process will be U.S. Customs and Border Protection Agencies Appropriations Act, 2001 (the continued for an undetermined period; ‘‘Act’’). The provisions of the CDSOA however, the amount of money available Distribution of Continued Dumping are contained in title X (§§ 1001–1003) for distribution can be expected to and Subsidy Offset to Affected of the Act. diminish over time. It should also be Domestic Producers The CDSOA, in § 1003 of the Act, noted that amounts distributed may be AGENCY: U.S. Customs and Border amended title VII of the Tariff Act of subject to recovery as a result of Protection, Department of Homeland 1930, as amended, by adding a new reliquidations, court actions, Security. § 754 (codified at 19 U.S.C. 1675c) in administrative errors, and other reasons. ACTION: Notice of intent to distribute order to provide that assessed duties With the diminishing of the amounts offset for Fiscal Year 2012. received pursuant to a countervailing available over time, the likelihood that duty order, an antidumping duty order, these events will require the recovery of SUMMARY: Pursuant to the Continued or a finding under the Antidumping Act funds previously distributed will Dumping and Subsidy Offset Act of of 1921 will be distributed to affected increase. CBP considers the submission 2000, this document is U.S. Customs domestic producers for certain of a certification and the negotiation of and Border Protection’s notice of intent qualifying expenditures that these any distribution checks received as to distribute assessed antidumping or producers incur after the issuance of acknowledgements and acceptance of countervailing duties (known as the such an order or finding. The term the claimant’s obligation to return those continued dumping and subsidy offset) ‘‘affected domestic producer’’ means funds upon demand. for Fiscal Year 2012 in connection with any manufacturer, producer, farmer, List of Orders or Findings and Affected countervailing duty orders, rancher or worker representative Domestic Producers antidumping duty orders, or findings (including associations of such persons) under the Antidumping Act of 1921. who: It is the responsibility of the U.S. This document sets forth the case name (A) Was a petitioner or interested International Trade Commission and number of each order or finding for party in support of a petition with (USITC) to ascertain and timely forward which funds may become available for respect to which an antidumping order, to U.S. Customs and Border Protection distribution, together with the list of a finding under the Antidumping Act of (CBP) a list of the affected domestic affected domestic producers, based on 1921, or a countervailing duty order that producers that are potentially eligible to the list supplied by the United States has been entered, receive an offset in connection with an International Trade Commission (B) Remains in operation continuing order or finding. In this regard, it is (USITC) associated with each order or to produce the product covered by a noted that USITC has supplied CBP finding, who are potentially eligible to countervailing duty order, an with the list of individual antidumping receive a distribution. This document antidumping duty order, or a finding and countervailing duty cases, and the also provides the instructions for under the Antidumping Act of 1921, affected domestic producers associated with each case who are potentially affected domestic producers (and and eligible to receive an offset. This list anyone alleging eligibility to receive a (C) If a company, has not been acquired by another company or appears at the end of this document. distribution) to file certifications to A significant amount of litigation has business that is related to a company claim a distribution in relation to the challenged various provisions of the that opposed the antidumping or listed orders or findings. CDSOA, most notably the definition of countervailing duty investigation that DATES: Certifications to obtain a the term ‘‘affected domestic producer.’’ continued dumping and subsidy offset led to the order or finding, e.g., opposed In two decisions, the Court of Appeals under a particular order or finding must the petition or otherwise presented for the Federal Circuit (CAFC) upheld be received by July 31, 2012. Any evidence in opposition to the petition. the constitutionality of the support certification received after July 31, 2012 The distribution that these parties may requirement contained in the CDSOA. will be denied, making claimants receive is known as the continued In SKF USA, Inc. v. United States, 556 ineligible for the distribution. dumping and subsidy offset. F. 3d 1337 (Fed. Circ. 2009), the CAFC ADDRESSES: Certifications and any other Section 7601(a) of the Deficit held that the CDSOA’s support correspondence (whether by mail, or an Reduction Act of 2005 repealed 19 requirement did not violate either the express or courier service) should be U.S.C. 1675c. According to § 7701 of the First Amendment or the Fifth addressed to the Assistant Deficit Reduction Act, the repeal takes Amendment. The Supreme Court of the Commissioner, Office of effect as if enacted on October 1, 2005. United States denied plaintiff’s petition Administration, U.S. Customs and However, § 7601(b) provided that all for certiorari, 2010 U.S. Lexis 3940 (May Border Protection, Revenue Division, duties collected on an entry filed before 17, 2010). In PS Chez Sidney, L.L.C. v. Attention: Melissa Edwards, 6650 October 1, 2007, shall be distributed as United States, 2010 U.S. App. Lexis Telecom Drive, Suite 100, Indianapolis, if 19 U.S.C. 1675c had not been repealed 22584 (Fed. Circ. 2010), the CAFC IN, 46278. by § 7601(a). The funds available for summarily reversed the U.S. Court of FOR FURTHER INFORMATION CONTACT: distribution were also affected by International Trade’s judgment that the Melissa Edwards, Revenue Division, Section 822 of the Claims Resolution support requirement was 6650 Telecom Drive, Suite 100, Act of 2010 and Section 504 of the Tax unconstitutional, allowing only Indianapolis, IN, 46278; telephone (317) Relief, Unemployment Insurance plaintiff’s non-constitutional claims to 614–4462. Reauthorization, and Job Creation Act of go forward. SUPPLEMENTARY INFORMATION: 2010. As a result, domestic producers who Consequently, the full impact of the are not on the USITC list but believe Background CDSOA repeal on amounts available for they nonetheless are eligible for a The Continued Dumping and Subsidy distribution may be delayed for several CDSOA distribution under one or more Offset Act of 2000 (CDSOA) was enacted years. Because of the statutory antidumping and/or countervailing duty VerDate Mar<15>2010 17:18 May 31, 2012 Jkt 226001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4703 E:\FR\FM\01JNN2.SGM 01JNN2 srobinson on DSK4SPTVN1PROD with NOTICES2 Federal Register / Vol. 77, No. 106 / Friday, June 1, 2012 / Notices 32719 cases are required, as are all potential to file a timely certification within 60 The certification must enumerate the claimants that expressly appear on the days after the notice is published. See, qualifying expenditures incurred by the list, to properly file their certification(s) Dixon Ticonderoga v. United States, 468 domestic producer since the issuance of within 60 days after this notice is F.3d 1353, 1354 (Fed. Cir. 2006). an order or finding and it must published. CBP will evaluate the merits demonstrate that the domestic producer Certifications; Submission and Content of such claims in accordance with the is eligible to receive a distribution as an relevant statutes, regulations, and To obtain a distribution of the offset affected domestic producer or allege decisions. Certifications that are not under a given order or finding, an another basis for eligibility. timely filed within the requisite 60 days affected domestic producer (and anyone A successor to a company that was an will be summarily denied. alleging eligibility to receive a affected domestic producer at the time It should also be noted that the CAFC distribution) must submit a certification of acquisition should consult 19 CFR ruled in Canadian Lumber Trade for each order or finding under which 159.61(b)(1)(i). We note that the Alliance v. United States, 517 F.3d 1319 a distribution is sought, to CBP, successor company may assume joint (Fed. Cir. 2008), cert. denied sub nom. indicating their desire to receive a and several liability for the return of any United States Steel v. Canadian Lumber distribution. To be eligible to obtain a overpayments arising under Trade Alliance, 129 S. Ct. 344 (2008), distribution, certifications must be § 159.64(c)(3) that were previously paid that CBP was not authorized to received by CBP no later than 60 to the predecessor. CBP may require the distribute such antidumping and calendar days after the date of successor company to provide countervailing duties to the extent they publication of this notice of intent to documents to support its eligibility to were derived from goods from countries distribute in the Federal Register. All receive a distribution as set out in that are parties to the North American certifications not received by the 60th § 159.63(d). Free Trade Agreement (NAFTA). Due to day will not be eligible to receive a A member company (or its successor) this decision, CBP will no longer list distribution.