19 Cfr 159.61

§ 159.61

19 CFR Ch. I (4–1–12 Edition)

indicate the relevant ascertained and
determined or estimated antidumping
duty.
(b) Countervailing matters. Upon receipt of notification from the Commissioner, each port director shall suspend
liquidation on merchandise entered, or
withdrawn from warehouse, for consumption, on or after the date of publication of the ‘‘Notice of Preliminary
Affirmative Countervailing Duty Determination,’’ ‘‘Notice of Final Affirmative Countervailing Duty Determination’’ or ‘‘Notice of Violation of Agreement,’’ as provided by part 355, Chapter
III, of this title. Each port director
shall immediately notify the importer,
consignee, or agent of each entry of
merchandise in question with respect
to which liquidation is suspended. The
notice shall indicate the relevant
ascertained and determined or estimated countervailing duty.
[T.D. 80–271, 45 FR 75642, Nov. 17, 1980]

Subpart F—Continued Dumping
and Subsidy Offset

Emcdonald on DSK29S0YB1PROD with CFR

SOURCE: T.D. 01–68, 66 FR 48552, Sept. 21,
2001, unless otherwise noted.

§ 159.61 General.
(a) Continued dumping and subsidy offset. Under section 754 of the Tariff Act
of 1930, as amended by Public Law 106–
387, 114 Stat. 1549 (19 U.S.C. 1675c),
known as the Continued Dumping and
Subsidy Offset Act of 2000, assessed duties received on or after October 1, 2000
under a countervailing duty order, an
antidumping duty order, or a finding
under the Antidumping Act of 1921, will
be distributed, as provided under this
subpart, to affected domestic producers
for certain qualifying expenditures
that these affected domestic producers
incur after the issuance of such an
antidumping duty order or finding, or
countervailing duty order. This distribution is called the continued dumping and subsidy offset.
(b) Affected domestic producer—(1) General rule. Except as provided in paragraph (b)(2) of this section, an ‘‘affected domestic producer’’ under paragraph (a) of this section means any
manufacturer, producer, farmer, rancher or worker representative (including

any association of such persons) that
remains in operation continuing to
produce the product covered by the
antidumping duty order or finding or
countervailing duty order, and that
was a petitioner or an interested party
that supported a petition concerning
an antidumping duty order, a finding
under the Antidumping Act of 1921, or
a countervailing duty order that was
entered. It is the responsibility of the
U.S. International Trade Commission
(USITC) to ascertain and timely forward to Customs a list of the domestic
producers potentially considered ‘‘affected domestic producers’’ eligible to
receive a distribution in connection
with each order or finding. In addition
to the potential ‘‘affected domestic
producers’’ set forth on the USITC list,
the following parties also are potential
‘‘affected domestic producers’’:
(i) Successor company. In the case of a
company that has succeeded to the operations of a predecessor company that
appeared on the USITC list, the successor company may file a certification
to claim an offset as an affected domestic producer on behalf of the predecessor company. In its certification,
the company must name the predecessor company to which it has succeeded and it must describe in detail
the duly authorized succession by
which it is entitled to file the certification.
(ii) A member company of an association. A member company of an association appearing on the USITC list for an
order or finding may file a certification
to claim an offset as an affected domestic producer, even though the member
company does not itself appear on the
USITC list, provided that the company
also meets the other requirements of
the statute. In its certification, the
company must name the association of
which it is a member and the company
must specifically establish that it was
a member of the association at the
time the association filed the petition
with the USITC.
(2) Exceptions. A party who is named
on the USITC list is not an ‘‘affected
domestic producer’’ under the following circumstances:
(i) Product no longer produced. A company, business or person that has

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Emcdonald on DSK29S0YB1PROD with CFR

U.S. Customs and Border Protection, DHS; Treasury
ceased production of the product covered by the antidumping duty order or
finding, or countervailing duty order,
i.e., did not manufacture that product
at all during the fiscal year that is the
subject of the disbursement, is not an
affected domestic producer under this
section.
(ii) Acquisition by related company—
(A) Related company defined. A company, business or person is not an affected domestic producer if that company, business, or person has been acquired by another company or business
that is related to a company that opposed the antidumping or countervailing duty investigation that led to
the order or finding. For purposes of
this paragraph, a company, business or
person is related to another company,
business or person if:
(1) The company, business or person
directly or indirectly controls or is
controlled by the other company, business or person;
(2) A third party directly or indirectly controls both companies, businesses or persons; or
(3) Both companies, businesses or
persons directly or indirectly control a
third party and there is reason to believe that the relationship causes the
first company, business or person to
act differently than a nonrelated party.
(B) Control of one party by another.
For
purposes
of
paragraphs
(b)(2)(ii)(A)(1) through (b)(2)(ii)(A)(3) of
this section, one party would be considered to directly or indirectly control
another party if the party was legally
or operationally in a position to exercise restraint or direction over the
other party.
(c) Qualifying expenditures. Qualifying
expenditures which may be offset by a
distribution of assessed antidumping
and countervailing duties must fall
within the categories described in paragraphs (c)(1) through (c)(10) of this section. These expenditures must be incurred after the issuance, and prior to
the termination, of the antidumping
duty order or finding or countervailing
duty order under which the distribution is sought. Further, these expenditures must be related to the production
of the same product that is the subject
of the related order or finding, with the
exception of expenses incurred by asso-

§ 159.63

ciations which must relate to a specific
case.
(1) Manufacturing facilities;
(2) Equipment;
(3) Research and development;
(4) Personnel training;
(5) Acquisition of technology;
(6) Health care benefits for employees
paid for by the employer;
(7) Pension benefits for employees
paid for by the employer;
(8) Environmental equipment, training, or technology;
(9) Acquisition of raw materials and
other inputs; and
(10) Working capital or other funds
needed to maintain production.
§ 159.62

Notice of distribution.

(a) Publication of notice. At least 90
days before the end of a fiscal year,
Customs will publish in the FEDERAL
REGISTER a notice of intention to distribute assessed duties received as the
continued dumping and subsidy offset
for that fiscal year. The notice will include the list of domestic producers,
based upon the list supplied by the
USITC (see § 159.61(b)(1)), that would be
potentially eligible to receive the distribution.
(b) Content of notice. The notice of intention to distribute the offset will
also contain the following:
(1) The case name and number of the
particular order or finding concerned,
together with the dollar amount contained in the special account for that
order or finding as of June 1 of the subject fiscal year (see § 159.64(a)(1)); and
(2) The instructions for filing the certification under § 159.63 in order to
claim a distribution.
§ 159.63

Certifications.

(a) Requirement and purpose for certification. In order to obtain a distribution
of the offset, each affected domestic
producer must submit a certification,
in triplicate, or electronically as authorized by CBP, to the Assistant Commissioner, Office of Finance, Headquarters, or designee, that must be received within 60 days after the date of
publication of the notice in the FEDERAL REGISTER, indicating that the affected domestic producer desires to receive a distribution. The certification

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