Every year, U.S. Customs and Border Protection (CBP) is required by law to provide a report to Congress regarding enforcement of antidumping and countervailing duty orders over the prior fiscal year (FY). CBP’s report for FY2016 was presented to Congress on November 17, 2017, but was made available to the public for the first time this week.
The United States operates a “retrospective” system of assessing antidumping and countervailing duties. This means that in response to unfair trade that has materially injured a domestic industry, the U.S. government requires importers to deposit with CBP estimated antidumping and/or countervailing duties at the time imports are entered into the country for consumption. Following importation, foreign exporters, U.S. importers, and U.S. domestic producers have the option of asking the U.S. Department of Commerce (Commerce) to review an exporter’s sales over a prior period of time to determine a final liquidation (assessment) antidumping and/or countervailing duty rate. If the final liquidation rate is less than the estimated amount that had been deposited with the imports, CBP issues refunds to the importer. If the final liquidation rate is higher than the estimated amount deposited, CBP issues a bill to the importer to collect the additional amounts owed.
CBP’s report to Congress indicates that the agency collected $49.1 million in antidumping duty cash deposits on imported shrimp in FY2016. Based on the data in previous CBP reports to Congress, the agency has collected over $200 million in antidumping duty cash deposits on shrimp imports over the five year period between FY2012 and FY2016, as shown in the table below.