[Federal Register: September 28, 2006 (Volume 71, Number 188)]
[Notices]
[Page 57000]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr28se06-81]
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DEPARTMENT OF HOMELAND SECURITY
Customs and Border Protection
Notice of Withholding of Certain Distributions on Continued
Dumping and Subsidy Offset to Affected Domestic Producers
AGENCY: Customs and Border Protection, Department of Homeland Security.
ACTION: Notice of the withholding of certain offset distributions for
Fiscal Year 2006 and subsequent years.
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SUMMARY: This document notifies the public that Customs and Border
Protection (CBP), consistent with the Court of International Trade's
recent decision in Canadian Lumber Trade Alliance et al. v. United
States, will be withholding distributions under the Continued Dumping
and Subsidy Offset Act of 2000 that derive from antidumping and
countervailing duties assessed on goods from Canada or Mexico. Fiscal
year 2006 CDSOA distributions that derive from antidumping or
countervailing duties on other than Canadian or Mexican goods are not
affected.
DATES: Effective Date: September 28, 2006.
FOR FURTHER INFORMATION CONTACT: Leigh Redelman, Revenue Division,
Programs Branch, Office of Finance, (317) 614-4462.
SUPPLEMENTARY INFORMATION:
Background
The Court of International Trade (CIT) held in Canadian Lumber
Trade Alliance et al. v. United States, Slip Op. 06-48 (April 7, 2006)
(CLTA I) and Slip Op. 06-104 (July 14, 2006) (CLTA II), that pursuant
to Section 408 of the North American Free Trade Agreement
Implementation Act (codified at 19 U.S.C. 3438), the Continued Dumping
and Subsidy Offset Act of 2000 (CDSOA) (codified at 19 U.S.C. 1675c)
does not apply to antidumping and countervailing duties assessed on
imports of goods from Canada or Mexico.
Specifically, the CIT held in CLTA I that the Commissioner of
Customs and Border Protection (CBP) ``has no authority either under an
Act of Congress or under the Constitution'' to make distributions that
derive from antidumping and countervailing duties assessed on goods
from Canada or Mexico, and that the Commissioner's actions in having
previously distributed such funds were ``ultra vires and therefore
unlawful.''
Consequently, pending the outcome of any appeal, CBP will withhold
fiscal year 2006 and subsequent years' CDSOA distributions to the
extent they derive from duties assessed pursuant to countervailing duty
orders, antidumping duty orders, or findings under the Antidumping Act
of 1921, on imports of goods from Canada or Mexico. Any funds
inadvertently distributed under these cases for fiscal year 2006 or
subsequent years will be subject to immediate recovery under applicable
statutes and regulations, including 19 CFR 159.64.
Fiscal year 2006 CDSOA distributions that derive from antidumping
or countervailing duties on other than Canadian or Mexican goods will
be made in accordance with established procedures in accordance with
the ``Notice of intent to distribute offset for Fiscal Year 2006,'' as
published in the Federal Register (71 FR 31336) on June 1, 2006.
Dated: September 22, 2006.
Deborah J. Spero,
Acting Commissioner, Customs and Border Protection.
[FR Doc. E6-15886 Filed 9-27-06; 8:45 am]
BILLING CODE 9111-14-P