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ANTIDUMPING / COUNTERVAILING REGULATIONS UPDATES FROM CBP




antidumping countervailing

A Federal Register Notice entitled "Distribution of Continued Dumping and Subsidy Offset to Affected Domestic Producers" was published by US Customs and Border Protection (CBP) last month. Since 2003, the Federal Register has served as a critical link between CBP and the global trade community, publishing notices practically weekly. Part of being an informed importer is keeping up with the many subjects of discussion and regulatory changes by visiting the register on a frequent basis. You can find it here. The Federal Register is the United States Government's daily journal and a valuable resource for learning about several federal agencies, including CBP. The US Government Publishing Office ( GPO), the Office of the Federal Register (OFR), and the National Archives and Records Administration (NARA) have partnered up to manage and operate FederalRegister.gov. The website was intended to help citizens and communities understand the regulatory process and gain insight into how decisions are made.

What exactly is CDSOA?

The CDSOA (Continued Dumping and Subsidy Offset Act of 2000) was passed as part of the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act of 2000. (Sections 1001-1003). The goal of the CDSOA was to add a clause to the Tariff Act of 1930 that would:
"allow assessed duties received pursuant to a countervailing duty order, an antidumping duty order, or a finding under the Antidumping Act of 1921 to be distributed to affected domestic producers for certain qualifying expenditures incurred after the issuing of such an order or finding."

What does it mean to be an Affected Domestic Producer?


“Any manufacturer, producer, farmer, rancher, or worker representative (including associations of such persons) is a "affected domestic producer."

  • Was a petitioner or interested party who backed a petition that resulted in an antidumping duty order, a determination under the Antidumping Act of 1921, or a countervailing duty order;
  • Continues to produce the product that is subject to the countervailing duty order, antidumping duty order, or finding under the Antidumping Act of 1921; and
  • Has not been purchased by another firm or business associated to a company that contested the antidumping or countervailing duty investigation that resulted in the order or finding (e.g., opposed the petition or otherwise presented evidence in opposition to the petition). The continuous dumping and subsidy offset is the distribution that these parties may receive.


What does the trade community need to know about Federal Notice 2021-10396, "Distribution of Continued Dumping and Subsidy Offset to Affected Domestic Producers"?


All duties collected prior to October 2007 must be disbursed as if the CDSOA had not been repealed. This notice of intent to distribute assessed antidumping or countervailing duties in 2021 in conjunction with various orders and findings is being issued in accordance with CDSOA. This document contains guidelines for receiving distribution for Affected Domestic Producers (or anyone who claims to be eligible).

By July 27, 2021, certifications for continuous dumping and subsidy offset must be submitted.

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