2020-10606
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2020-10606
https://khothuvien32104Federal Register/Vol. 85. No. 103/Thursday. May 28, 2020/iNoucesDEPARTMENT OF HOMELAND SECURITYU.S. Customs and Border Protecti 2020-10606 ionDistribution of Continued Dumping and Subsidy Offset to Affected Domestic ProducersAGENCY: U.S. Customs and Border Protection. Department of Homeland Security.ACTION: Notice of intent to distribute offset for Fiscal Year 2020.SUMMARY: Pursuant to the Continued Dumping and Subsidy offset Act of 20 2020-10606 00. this document is U.S. Customs and Border Protection's (CBP) notice of intent to distribute assessed antidumping or countervailing duties (known as2020-10606
the continued dumping and subsidy offset) for Fiscal Year 2020 in connection with countervailing duty orders, antidumping duty orders, or findings unhttps://khothuvien32104Federal Register/Vol. 85. No. 103/Thursday. May 28, 2020/iNoucesDEPARTMENT OF HOMELAND SECURITYU.S. Customs and Border Protecti 2020-10606 distribution, to file certifications to claim a distribution in relation to the listed orders or findings. DATES: Certifications to obtain a continued dumping and subsidy offset under a particular order or finding must bo received by July 27.2020. Any certification received after July 27. 2020 will 2020-10606 be summarily denied, making claimants Ineligible for the distribution. ADDRESSES: Certifications and any other correspondence (whether by mail, or an2020-10606
express or courier service) must be addressed to U.S. Customs and Border Protection. Revenue Division. Attention: CDSOA Team. 6650 Telecom Drive..Suithttps://khothuvien32104Federal Register/Vol. 85. No. 103/Thursday. May 28, 2020/iNoucesDEPARTMENT OF HOMELAND SECURITYU.S. Customs and Border Protecti 2020-10606 anapolis. IN. 46278: telephone (317) 614-4462.SUPPLEMENTARY INFORMATION:BackgroundThe Continued Dumping and Subsidy Offset Act of2000 (CDSOA) was enacted on October 28, 2000, as part of the Agriculture. Dural Development, Food and Drug Administration, and Delated Agencies Appropriations Act. 2001 (t 2020-10606 he "Act"). The provisions of the CDSOA are contained in title X (sections 1001-1003) of the Appendix of the Act (H.R. 5426).Tho CDSOA amended title VI2020-10606
I of the Tariff Act of 1930 by adding a new section 754 (codified at 19 u.s.c. 1675c) in order to provide that assessed duties received pursuant to a https://khothuvien32104Federal Register/Vol. 85. No. 103/Thursday. May 28, 2020/iNoucesDEPARTMENT OF HOMELAND SECURITYU.S. Customs and Border Protecti 2020-10606 for certain qualifying expenditures that these producers incur after the issuance of such an order or finding. The term "affected domestic producer" means any manufacturer, producer, farmer, rancher or worker representative (including associations of such persons) who:(A)Was a petitioner or Interes 2020-10606 ted party in support of a petition with respect to which an antidumping duty order, a finding under the Antidumping Act of 1921, ora countervailing du2020-10606
ty order has boon entered;(B)Remains in operation continuing to produce the product covered by the countervailing duty order, the antidumping duty ordhttps://khothuvien32104Federal Register/Vol. 85. No. 103/Thursday. May 28, 2020/iNoucesDEPARTMENT OF HOMELAND SECURITYU.S. Customs and Border Protecti 2020-10606 osed the antidumping or countervailing duty investigation that led to the order or finding (e.g., opposed the petition or otherwise presented evidence In opposition to the petition). The distribution that these parties may receive is known as thó continued dumping and subsidy offset.Section 7601(a) 2020-10606 of the Deficit Deduction Act of2005 repealed 19 u.s.c. 1675c. According to section 7701 of the Deficit Deduction Act. the repeal takes effect as If en2020-10606
acted on October 1, 2005. However, section 7601(b) provides that all duties collected on an entry filed before October 1, 2007. must bo distributed ashttps://khothuvien32104Federal Register/Vol. 85. No. 103/Thursday. May 28, 2020/iNoucesDEPARTMENT OF HOMELAND SECURITYU.S. Customs and Border Protecti 2020-10606 olution Act of 2010 and section 504 of the Tax Relief. Unemployment Insurance Reautnorization. and fob Creation Act of 2010.Historically, the antidumping and countervailing duties assessed and received by CBP on CDSOA-subject entries, along with the interest assessed and received on those duties pur 2020-10606 suant to 19 u.s.c. 1677g. wore transferred to the CDSOA Special Account for distribution. 66 FR 48546. Sept. 21. 2001: see also 19 CFR 159.64(e). othe2020-10606
r types of interest, including delinquency interest that accrued pursuant to 19 u.s.c. 1505(d). equitable interest under common law. and interest undehttps://khothuvien32104Federal Register/Vol. 85. No. 103/Thursday. May 28, 2020/iNoucesDEPARTMENT OF HOMELAND SECURITYU.S. Customs and Border Protecti 2020-10606 , February 24.2016: codified as 19 u.s.c. 4401). provided new authority for GBP to deposit into the CDSOÁ Special Account for distribution delinquency interest that accrued pursuant to 19 u.s.c. 1505(d). equitable interest under common law. and interest under 19 u.s.c. 580 for all surety payments re 2020-10606 ceived by CBP on or after October 1. 20)4. on CDSOA subject entries, as well as post-judgment interest received by CBP on those surety payments. See 22020-10606
8 u.s.c. 1961.(111 March 18,2019. President Trump ordered the sequester of non-exempt budgetary resources for Fiscal Year 2020 pursuant to section 251https://khothuvien32104Federal Register/Vol. 85. No. 103/Thursday. May 28, 2020/iNoucesDEPARTMENT OF HOMELAND SECURITYU.S. Customs and Border Protecti 2020-10606 l Year 2020, the calculation of the Office of Management and Budget (OMB) requires a reduction of 5.9 percent of the assessed duties and interest received in the CDSOA Special Account (account number 015-12-5688). OMB has concluded that any amounts sequestered in the CDSOA Special Account during Fis 2020-10606 cal Year 2020 will becomo available in the subsequent fiscal year. See 2 u.s.c. 906(k)(6). As a result. CBP Intends to include the funds that are temp2020-10606
orarily reduced via sequester during Fiscal Year 2020 In the continued dumping and subsidy offset for Fiscal Year 2020. which will be distributed not https://khothuvien32104Federal Register/Vol. 85. No. 103/Thursday. May 28, 2020/iNoucesDEPARTMENT OF HOMELAND SECURITYU.S. Customs and Border Protecti 2020-10606 fset that affected domestic producers receive for Fiscal Year 2020 will include the funds that were temporarily sequestered during Fiscal Year 2020.Because of the statutory constraints In the assessments of antidumping and countervailing duties, as well as the additional time Involved when the Gover 2020-10606 nment must Initiate litigation to collect delinquent antidumping and countervailing duties, the CDSOA distribution process will be continued for an un2020-10606
determined period. Consequently, the full impact of the CDSOÂ repeal on amounts available for distribution may be delayed for several years. It shouldhttps://khothuvien32104Federal Register/Vol. 85. No. 103/Thursday. May 28, 2020/iNoucesDEPARTMENT OF HOMELAND SECURITYU.S. Customs and Border Protecti 2020-10606 ons.List of Orders or Findings and Affected Domestic Producersft Is the responsibility of the U.S. International Trade Commission (USITC) to ascertain and timely forwardhttps://khokhothuvienederal Register/Vol. 85, No. 103/Thursday, May 28. 2020/jxoticesJ41UOto CBP a list of the affected domestic prod 2020-10606 ucers that are potentially eligible to receive an offset in connection with an order or finding. In this regard, it is noted that the usrrc has suppli2020-10606
ed CBP with the list of individual antidumping and countervailing duty cases, and the affected domestic producers associated with each case who are pohttps://khothuvien32104Federal Register/Vol. 85. No. 103/Thursday. May 28, 2020/iNoucesDEPARTMENT OF HOMELAND SECURITYU.S. Customs and Border Protecti 2020-10606 sions of the CDSOA. Including the definition of the term "affected domestic producer." In two decisions, the U.S. Court of Appeals for the Federal Circuit (Federal Circuit) upheld the constitutionality of the support requirement contained In the CDSOA. Specifically, In SKF USA Inc. V. United States 2020-10606 Customs &■ Border Prot., 556 F.3d 1337 (Fed. Clr. 2009), the Federal Circuit held that the CDSOA’s support requirement did not violate either the Firs2020-10606
t or Fifth Amendment. The Supreme Court of the United States denied plaintiffs petition for certiorari. SKF USA. Inc. V. United States Customs &■ Bordhttps://khothuvien32104Federal Register/Vol. 85. No. 103/Thursday. May 28, 2020/iNoucesDEPARTMENT OF HOMELAND SECURITYU.S. Customs and Border Protecti 2020-10606 reversed the U.S. Court of International Trade’s judgment that the support requirement was unconstitutional, allowing only plaintiffs non constitutional claims to go forward. See PS Chez Sidney. LLC. V. United States. 684 F.3d 1374 (Fed. Clr. 2012). Furthermore, In two cases interpreting the CDSOA’s 2020-10606 language, the Federal Circuit concluded that a producer who never indicates support for a dumping petition by letter or through questionnaire respons2020-10606
e, despite the act of otherwise filling out a auestionnaire. cannot be an affected omestic producer. Ashley Furniture Indus.. Inc. et al. V. United StGọi ngay
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