International Trade Law News

The AP has reported that U.S. Customs and Border Protection (CBP) plans to conduct an audit of Byrd Amendment funds paid to U.S. shrimpers and seafood processing houses following reports of overpayments resulting from the antidumping case on frozen and canned warmwater shrimp from China and Vietnam.

The article reports that at two businesses received more than $3 million in overpayments. In one case, a shrimp boat owner received a $2.1 million check from CBP, due to a misplaced decimal point. The proper amount of the payment should have been $210,000.

In September 2005, the Government Accountability Office issued a report critical of Byrd Amendment payments made by CBP. The report entitled "Issues and Effects of Implementing the Continued Dumping and Subsidy Offset Act" discussed the numerous problems faced by CBP in implementing Byrd Amendment payments.

The Byrd Amendment was repealed by Congress in February 2006 after it was found to be in violation of the World Trade Organization's Antidumping and Subsidies Agreements. However, the bill did not provide for immediate repeal, but provided that disbursements from the U.S. government to U.S. companies will continue on good subject to antidumping and countervailing duties that are entered before October 1, 2007.

Labels: Antidumping, Customs