The mission of CDSOA.com is to establish a neutral touchpoint for information and resources
related to the U.S. Continued Dumping and Subsidy Offset Act of 2000, Title X of Public Law 106-387
19 U.S.C. 1675c, often referred to as the Byrd Amendment.
The CDSOA applies to all antidumping and countervailing duty assessments made on or after October 1,
2000, in connection with all antidumping or countervailing duty
orders in effect as of January 1, 1999, or thereafter.
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The Wall Street Journal editorial from September 11, 2008:
http://online.wsj.com/article/SB122108828944121241.html
The editorial, entitled "An Expensive Byrd" :
Senators Robert Byrd and Sherrod Brown, please take a bow.
The West Virginia and Ohio Democrats have succeeded
in getting Japan to slap another year of punitive duties on some U.S. products because of their attempts
to rig trade rules for their business buddies .... (continued ) ...
The editorial goes on to point out that Japan's cabinet decided late last month
to add a 10% duty to ball bearings and tapered roller bearings from the U.S., in WTO-authorized
retaliation for the U.S. continuing to disburse funds under the now-repealed CDSOA. The EU also
has retaliatory duties in place in response to the CDSOA.
A key concern, the editorial notes, is that the CDSOA-inspired retaliatory tariffs
kick in just as the U.S. has come to rely on exports as a key source of economic growth.
Unfortunately, the editorial is factually wrong in that it continues
to note tariffs accumulated under the CDSOA are paid out only to companies filing trade complaints.
Last year, the Court of International Trade ruled that payout scheme unconstitutional, ordering
Commerce and CBP to rejigger CDSOA payouts so they are made to all affected U.S. manufacturers.
•
Letter to the Editor, The Wall Street Journal: August 23, 2008:
http://online.wsj.com/article/SB121945761696265899.html
In their Aug. 15 letter, Sens. Robert Byrd (D., W.Va.) and Sherrod
brown (D., Ohio) argue that the Continued Dumping and Subsidy Offset Act "simply allows for
the distribution of trade duties paid by foreign producers who continue to sell products
at unfair prices in the U.S. market." In reality, CDSOA makes the U.S. less competitive.
While the Bush administration defended the Byrd Amendment at the WTO, Sens. Byrd
and Brown failed to mention that the CDSOA was ruled illegal by the World Trade Organization anyway,
and our trading partners were authorized to retaliate against U.S. exports -- which is exactly what
they did and would continue to do if CDSOA were reborn.
U.S. exports provide one of the few bright spots in our economy. CDSOA
would hurt U.S. exporters and most U.S. manufacturers while benefiting only a few. It is hard to
understand why it makes sense to invite more retaliatory tariffs against U.S. exporters.
Stephen Alexander
Executive Director
Consuming Industries Trade Action Coalition
Washington
•
Letter to the Editor, The Wall Street Journal: August 15, 2008:
http://online.wsj.com/article/SB121945761696265899.html
You know it's silly season in Washington when the Journal finds
space to attack a draft letter sent to a handful of Senate
offices. The draft letter, which was criticized in an editorial
("Byrd's Bad Idea is Back," Review & Outlook, Aug. 11), expresses
support for a program that has allowed domestic manufacturers
and farmers to combat unfair trade practices around the globe.
The program, the Continued Dumping and Subsidy Offset Act simply
allows for the distribution of trade duties paid by foreign
producers who continue to sell products at unfair prices in the
U.S. market. Emphasis on the word "continue."
When unfair trade ceases, so too do the distributions. That's
why CDSOA has bipartisan support and has been defended by the
Bush administration at the World Trade Organization.
Sen. Sherrod Brown (D., Ohio)
Sen. Robert C. Byrd (D., W.Va.)
Washington
•
The Wall Street Journal editorial from August 11, 2008:
http://online.wsj.com/article/SB121841227101628383.html
The editorial, entitled "Byrd's Bad Idea Is Back," suggests
Sen. Byrd and Ohio Senator Sherrod Brown are, "once again poised
to sneak the provision into law."
Although the editorial is not up to date on the latest trade court rulings
in terms of who is set to receive CDSOA payouts in the future,
it does shed light on the possible CDSOA resurrection.
•
A critical development occurred in July 2007
As anticipated, the Court of International Trade has
eliminated the CDSOA claims restrictions on who can apply
to collect, ruling the former restrictions unconstitutional.
The court instructed the ITC to reopen CDSOA claims and now
include any U.S. business involved in a duty or tariff product.
The CDSOA previously limited payouts only to companies
directly involved specific trade suits. Now every business in
each affected industry will be eligible to collect CDSOA payouts.
•
U.S. Treasury's OIG audit report on the CDSOA
From the Office of the Inspector General, U.S. Treasury,
comes this crucial CDSOA audit publication.
Office of the Inspector General, U.S. Treasury
FINANCIAL MANAGEMENT: Bureau of customs and Border Protection
Needs to Improve Compliance With the Continued Dumping and
Subsidy Offset Act of 2000 (CDSOA)
[OIG-03-085; 31 pages; PDF format]
click here to read or download OIG-03-085
•
World Trade Organization : Dispute Settlement DS217
Dispute Settlement 217 is the World Trade Organization's record of the
proceedings surrounding the Continued Dumping and Subsidy Offset Act of 2000.
WTO section DS217
• What is the CDSOA, its history, and how does it work
• Industries involved - manufacturers, producers, distributors
• How the CDSOA potentially affects you and your business
• How to determine if your business qualifies for CDSOA distributions
• Claims filing requirements and deadlines
• Resources for legal representation and filing help
• U.S. Government, ITC and Customs documents and records
• World Trade Organization DSB rulings and records
• Recent news
