PS Chez Sidney,L.L.P. v. United States Int'l Trade Comm'n, No. 08-1526 (Fed. Cir. 2012)
Annotate this CaseThe now-repealed Continued Dumping and Subsidy Offset Act of 2000 (Byrd Amendment) allowed affected domestic producers (ADPs) to receive distributions of antidumping duties collected by the U.S., 19 U.S.C. 1675c. In order to be included on the list of ADPS, a domestic producer must have been either a petitioner or an “interested party in support of the petition” for an antidumping order. Domestic producers could show support either “by letter or through questionnaire response.” The U.S. International Trade Commission found that plaintiff did not qualify as an ADP because its final questionnaire response indicated that it took no position regarding the underlying petition, concerning dumping of crawfish tail meat from China. On remand, the ITC determined that plaintiff qualified, but U.S. Customs found that plaintiff was eligible for distributions for fiscal years 2002 and 2003, but that eligibility applied only to the extent that funds are either recoverable from the affected domestic producers who initially received them or are available in the Special Account. The Federal Circuit reversed, holding that plaintiff is an ADP under the Byrd Amendment and should not be treated as a “second class” ADP.
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