42genno26
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42genno26
U.S. Customs and Border ProtectionGeneral NoticesDISTRIBUTION OF CONTINUED DUMPING AND SUBSIDY OFFSET TO AFFECTED DOMESTIC PRODUCERSAGENCY: U.S. Custo 42genno26 oms and Border Protection, Department of Homeland Security.ACTION: Notice of intent to distribute offset for Fiscal Year 2008.SUMMARY: Pursuant to the Continued Dumping and Subsidy Offset Act of 2000. this document is U.S. Customs and Border Protection's notice of intent to distribute assessed antid 42genno26 umping or countervailing duties (known as the continued dumping and subsidy offset) for Fiscal Year 2008 in connection with countervailing duty orders42genno26
, antidumping duty orders, or findings under the Antidumping Act of 1921. This document sets forth the case name and number of each order or finding fU.S. Customs and Border ProtectionGeneral NoticesDISTRIBUTION OF CONTINUED DUMPING AND SUBSIDY OFFSET TO AFFECTED DOMESTIC PRODUCERSAGENCY: U.S. Custo 42genno26 States International Trade Commission (USITC i associated with each order or finding, who are potentially eligible to receive a distribution. This document also provides the instructions for affected domestic producers (and anyone alleging eligibility to receive a distribution! to file certification 42genno26 s to claim a distribution in relation to the listed orders or findings.DATES: Certifications to obtain a continued dumping and subsidy offset under a42genno26
particular order or finding must be received by July 29, 2008. Any certification received after July 29, 2008 will be denied. making claimants ineligiU.S. Customs and Border ProtectionGeneral NoticesDISTRIBUTION OF CONTINUED DUMPING AND SUBSIDY OFFSET TO AFFECTED DOMESTIC PRODUCERSAGENCY: U.S. Custo 42genno26 U.S. Customs and Border Protection, Revenue Division, Attention: Leigh Redelman, 6650 Tblecom Drive Suite 100, Indianapolis, IN 46278. Any delivery by an express or courier service requiring a street address may be addressed to 6650 Telecom Drive, Suite 100, Indianapolis, IN 46278.12CUSTOMS BULLETIN 42genno26 AND DECISIONS. VOL 42. NO. 26. JUNE 18. 2008FOR FURTHER INFORMATION CONTACT: For general questions regarding preparation of certifications, contact L42genno26
eigh Redel-man, Revenue Division. (317) 614-4462. For questions regarding legal aspects, contact William G. Rosoff, Office of International Trade. RegU.S. Customs and Border ProtectionGeneral NoticesDISTRIBUTION OF CONTINUED DUMPING AND SUBSIDY OFFSET TO AFFECTED DOMESTIC PRODUCERSAGENCY: U.S. Custo 42genno26 ctober 28, 2000, as part of the Agriculture, Rural Development. Food and Drug Administration, and Related Agencies Appropriations Act. 2001 (the “Act”). The provisions of the CDSOA are contained in title X (§§ 1001-1003) of the Act.The CDSOA, in § 1003 of the Act, amended title VII of the Tariff Act 42genno26 of 1930. as amended, by adding a new § 754 (codified at 19 Ư.S.C. 1675c) in order to provide that assessed duties received pursuant to a countervaili42genno26
ng duty order, an antidumping duty order, or a finding under the Antidumping Act of 1921 will be distributed to affected domestic producers for certaiU.S. Customs and Border ProtectionGeneral NoticesDISTRIBUTION OF CONTINUED DUMPING AND SUBSIDY OFFSET TO AFFECTED DOMESTIC PRODUCERSAGENCY: U.S. Custo 42genno26 anufacturer, producer, farmer, rancher or worker representative 1 including associations of such persons) who:(A)was a petitioner or interested party in support of a petition with respect to which an antidumping order, a finding under the Antidumping Act of 1921, or a countervailing dutyorder that h 42genno26 as been entered.(B)remains in operation continuing to produce the product covered by a countervailing duty order, an antidumping duty order, or a find42genno26
ing under the Antidumping Act of 1921. and(C)if a company, has not been acquired by another company or business that is related to a company that oppoU.S. Customs and Border ProtectionGeneral NoticesDISTRIBUTION OF CONTINUED DUMPING AND SUBSIDY OFFSET TO AFFECTED DOMESTIC PRODUCERSAGENCY: U.S. Custo 42genno26 in opposition to the petition.The distribution that these parties may receive is known as the continued dumping and subsidy offset.Section 7601(a) of the Deficit Reduction Act of 2005 repealed 19 Ư.S.C. 1675c. According to § 7701 of the Deficit Reduction Act, the repeal takes effect as if enacted on 42genno26 October 1, 2005. However, § 7601(b) provides that all duties collected on an entry filed before October 1. 2007. shall be distributed as if 19 U.s.c.42genno26
1675c had not been repealed by § 7601(a).U.S. Cl ĨST0MS AND BORDER PROTECTION3Consequently, the full impact of the CDSOA repeal on amounts available U.S. Customs and Border ProtectionGeneral NoticesDISTRIBUTION OF CONTINUED DUMPING AND SUBSIDY OFFSET TO AFFECTED DOMESTIC PRODUCERSAGENCY: U.S. Custo 42genno26 e distribution procedures under former § 1075c. Second, the duty on an entry is not available for distribution until the entry is liquidated pursuant to the direction of the Department of Commerce and the duty is collected and deposited into the special account; therefore, the distribution process w 42genno26 ill continue until all entries made before October 1, 2007, are liquidated and the duties are collected. Because of the statutory constraints in the a42genno26
ssessments of antidumping and countervailing duties, the distribution process will 1» continued for an undetermined period; however, the amount of monU.S. Customs and Border ProtectionGeneral NoticesDISTRIBUTION OF CONTINUED DUMPING AND SUBSIDY OFFSET TO AFFECTED DOMESTIC PRODUCERSAGENCY: U.S. Custo 42genno26 result of roliquidations. court actions, administrative errors, and other reasons.List of Orders or Findings and Affected Domestic ProducersIt is the responsibility of the U.S. International Trade (Commission (USITC.I to ascertain and timely forward to U.S. Customs and Border Protection (CBP) a list 42genno26 of the affected domestic producers that are potentially eligible to receive an offset in connection with an order or finding. In this regard, it is n42genno26
oted that the I'SITC has supplied CBP with the list of individual antidumping and countervailing duty cases, and the affected domestic producers assocU.S. Customs and Border ProtectionGeneral NoticesDISTRIBUTION OF CONTINUED DUMPING AND SUBSIDY OFFSET TO AFFECTED DOMESTIC PRODUCERSAGENCY: U.S. Custo 42genno26 International Trade tCIT) have interpreted various provisions of the CDSOA, particularly those related to the definition of the term "affected domestic producer.” In Pat Huval Restaurant & Oyster Bar. Inc. V. United States. 2008 Ct. Inti Trade LEXIS 2.3. Slip Op. 08-26 (Ct. Inti Trade Mar. 3, 2008) 42genno26 , the err held that a domestic producer’s failure to file timely certifications in certain fiscal years was not necessarily a bar to seeking judicial42genno26
review for disbursements made within two years of filing suit because “Customs could have done nothing but reject them." In both SKF USA ĩnc. V. UniteU.S. Customs and Border ProtectionGeneral NoticesDISTRIBUTION OF CONTINUED DUMPING AND SUBSIDY OFFSET TO AFFECTED DOMESTIC PRODUCERSAGENCY: U.S. Custo 42genno26 Trade 2007). the CTT held that the CliSOA’s supjKirl requirement was unconstitutional and severed this requirement for eligibility. As a result of these decisions and a number of other pending cases. CB1’ has calculated and withheld from distribution an amount corresponding to the pro-rata share of 42genno26 all domestic producers who have filed timely and facially accurate certifications starling in 2006, despite the fact that some claimants may not have42genno26
appeared on the TTC list. Therefore, at a minimum, even under the relevant court decisions, it would not have been futile tor domestic producers not U.S. Customs and Border ProtectionGeneral NoticesDISTRIBUTION OF CONTINUED DUMPING AND SUBSIDY OFFSET TO AFFECTED DOMESTIC PRODUCERSAGENCY: U.S. Custo 42genno26 gal issues are resolved. As a4CUSTOMS BULLCTIN AND DECISIONS. VOL 42. NO. 26. JUNE 18. 2008result, domestic producers who are not on the ƯSITC list but believe they nonetheless are eligible for a CDSOA distribution under one or more antidumping and/or countervailing duty cases are required, as are a 42genno26 ll potential claimants that expressly appear on the list, to file their certification s) within 60 days after this notice is published. Certifications42genno26
that are not timely filed within the requisite 60 days will be summarily denied.Regulations Implementing the CDSOAIt is noted that CBP published TreaU.S. Customs and Border ProtectionGeneral NoticesDISTRIBUTION OF CONTINUED DUMPING AND SUBSIDY OFFSET TO AFFECTED DOMESTIC PRODUCERSAGENCY: U.S. Custo 42genno26 ) on September 21. 2001, which was effective as of that date, in order to implement the CDSOA. The final rule added a new subpart F to part 159 of title 19, Code of Federal Regulations 119 CFR part 159, subpart F (§§ 159.61-159.64)). More specific guidance regarding the filing of certifications is p 42genno26 rovided in this notice in order to aid affected domestic producers and other domestic producers alleging eligibility (‘•claimants” or "domestic produc42genno26
ers”).Notice of Intent To Distribute OffsetThis document announces that CBP intends to distribute to affected domestic producers the assessed antidumpGọi ngay
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