On May 31, CBP announced it will be giving away money! There is an application process, and only certain companies are qualified to request it. Read on to see if it’s YOU!

HAVE YOU Been Affected by The Continuance of Anti-Dumping and Subsidy Offset?

The list of domestic producers that have been personally affected were sent to the U.S International Trade Commission (USITC) and can be found on the federal register as well. The list indicates who is potentially eligible to receive an offset.

However, although your name may not be on the list, it does not necessarily mean that your company has not been affected. Any individual or company who may have purchased any portion of the operating assets of an affected domestic producer, a successor to an affected domestic producer, or an entity that otherwise previously received distribution may be jointly and severally liable for the return of any over payments. Therefore, for domestic producers who are not on the USITC list but believe they are eligible for a CDSOA distribution under one or more anti-dumping and/or countervailing duty cases are required, as are all potential claimants that expressly appear on the list, to properly file their certifications within 60 days after May 31, 2018. Certifications that are not filed within 60 days and/or fail to sufficiently establish a basis for eligibility will be summarily denied.

When Must Certifications Be Sent?

For companies who are interested in applying, the CBP must receive your certifications by July 30th. Any certification received after the 30th will be summarily denied, making claimants ineligible for the distribution. Due to the statutory constraints in the assessments of anti-dumping and countervailing duties, the Continued Dumping and Subsidy Offset Act (CDSOA) distribution process will continue for an undetermined period. As a result, the CDSOA repeal on amounts available for distribution may be deferred for several years.

How Do I Prepare a Certification?

The CBP provides general information to claimants regarding the preparation of the certification, but it remains the sole responsibility of the domestic producer to ensure that the certification is correct, complete, and accurate so as to demonstrate the eligibility of the domestic producer for the distribution requested.  Failure to ensure that the certification is correct, complete, and accurate will result in the domestic producer not receiving a distribution and or a demand for the return of funds. Furthermore, a certification that is submitted within 60 days after May 31st may be subject to review to confirm that all the required steps have been complied with. Any materials that is found incorrect or incomplete will be returned to domestic producers after the 60-day calendar day filing period.  Lastly, if an affected producer submits false statements, documents, or records in connection with the certifications may be subject to liability under the False Claims Act.

For more information regarding the filing or preparation of the certification, contact us today at 305-456-3830 or via email at info@diaztradelaw.com.