CBP Announces Intent to Make CDSOA Distributions in FY2023

This morning, the Federal Register published the U.S. Customs and Border Protection’s (“CBP”) “Notice of Intent to Distribute Offset for Fiscal Year 2023.” Per the notice, for fiscal year 2023 distributions of Continued Dumping and Subsidy Offset Act (“CDSOA”) funds, certifications must be received by CBP no later than July 31, 2023.

CBP has made CDSOA disbursements to the shrimp industry each of the last seventeen years in varying amounts. Last year, the agency made $339,684.11 in collected antidumping duties on shrimp imports available for distribution under the CDSOA program, substantially more than the $57,768.45 made available in fiscal year 2021 but less than the $409,298.83 made available in fiscal year 2020.

Since 2006, a total of $272,114,868.67 in collected antidumping duties on shrimp imports have been made available for distribution to the shrimp industry through CDSOA.

Inconsistent with previous years, the publication of the agency’s Federal Register notice was not also accompanied by the issuance of CBP’s preliminary report regarding CDSOA funds that may be available for distribution in fiscal year 2023. In the past, CBP has traditionally issued a report identifying a preliminary amount available to disburse in duties collected on shrimp imports that entered the United States prior to October 1, 2007. However, CBP has become far less transparent in its reporting regarding anything related to antidumping or countervailing duties over the last couple of years and the failure to issue a preliminary report may be another indication of a new agency approach. Nevertheless, on November 30, 2022, CBP reported that there were no longer any funds that have remained deposited in clearing accounts related to the shrimp antidumping duty orders at the end of fiscal year 2022. This is the first year in which no deposits have been reported in those clearing accounts.

An electronic version of the CDSOA certification for FY2023 can be found here:

Review CBP’s “Notice of Intent to Distribute Offset for Fiscal Year 2023” here:

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