CBP reaches milestone in providing relief to American businesses injured by unfair trade

U.S. Customs and Border Protection announced today that it has processed all outstanding imports subject to the Continuing Dumping and Subsidy Offset Act of 2000, otherwise known as the Byrd Amendment. 

“Under the Continuing Dumping and Subsidy Offset Act, CBP has distributed billions of dollars of support to thousands of U.S. manufacturers, small businesses, and individuals harmed by anti-competitive behavior and unfair trade practices,” said CBP Executive Assistant Commissioner AnnMarie R. Highsmith. “The funds have provided much needed relief to affected industries and have helped level the playing field for American businesses.” 

Both dumping and subsidization occur when a foreign producer or exporter sells a product in the United States at a price that is below “normal value,” or is subsidized by a foreign government and injures U.S. manufacturers. The purpose of antidumping and countervailing duties assessed on dumped and subsidized imports is to provide fair competition for U.S. manufacturers.  

During the period of its implementation of the act, CBP disbursed $3.6 billion of antidumping and countervailing duties to affected domestic producers injured by foreign dumping and subsidies. The recipients included steel manufacturers, shrimp farmers, and honey producers, among others.  

In Fiscal Year 2023, CBP processed or “liquidated” the final 4,900 imports subject to the Continuing Dumping and Subsidy Offset Act after receiving the final instructions on the relevant antidumping and countervailing duties cases from the U.S. Department of Commerce. The distribution process for the duties collected from these final imports, as well as amounts held pending litigation and duties subject to ongoing collection efforts, will continue for an undetermined period, after which CBP’s implementation of the act will conclude and no further funds will be available for disbursement.  

The Continuing Dumping and Subsidy Offset Act was originally enacted Oct. 28, 2000, and provided that assessed duties received pursuant to an antidumping duty order, a countervailing duty order, or a finding under the Antidumping Act of 1921 would be distributed to affected domestic producers that file annual certifications. Congress repealed the act in 2005 but allowed that antidumping and countervailing duties collected on imports under the act filed before Oct. 1, 2007, would continue to be distributed to affected domestic producers. 

CBP’s antidumping and countervailing duties enforcement aims to mitigate harm by anti-competitive behavior and supports a level playing field for U.S. companies injured by unfair trade practices.