S3543-119

What This Bill Does

This bill amends the Trade Facilitation and Trade Enforcement Act of 2015 to expand the distribution of interest earned on antidumping and countervailing duties. Currently, interest distributions cover duties collected since October 1, 2014; this bill extends that back to October 1, 2000, capturing over a decade of additional interest. It also creates a special one-time distribution of all previously unreleased interest to domestic producers who received distributions under the Continued Dumping and Subsidy Offset Act (also known as the Byrd Amendment).

Who Benefits and How

U.S. domestic manufacturers and producers who were harmed by dumped or subsidized imports benefit directly by receiving retroactive interest payments on antidumping and countervailing duties collected on their behalf. These are companies that previously filed petitions and received distributions under the Byrd Amendment. The distributions are made pro rata within each trade remedy order, so larger affected producers receive proportionally more.

Who Bears the Burden and How

The U.S. Treasury bears the cost through the Refund of Moneys Erroneously Received and Covered account, which funds the distributions. Foreign exporters who paid the original antidumping and countervailing duties are indirectly affected, as the interest on those duties is now distributed to their domestic competitors rather than remaining in government accounts. U.S. Customs and Border Protection bears the administrative burden of processing the special distribution.

Key Provisions

• Extends the interest distribution period from October 1, 2014 back to October 1, 2000
• Creates a special one-time distribution for all previously unreleased interest
• Requires distributions within 210 days of enactment for post-2010 interest, and 210 days after that for 2000-2010 interest
• Limits eligibility to entities that previously received Byrd Amendment distributions and file timely certifications