Eligible domestic shrimp producers who have been affected by foreign dumping of shrimp have until July 31, 2006 to file written certifications with the Bureau of Customs and Border Protection (BCBP) for an offset of qualifying expenditures under the Continued Dumping and Subsidy Offset Act of 2000 commonly known as the "Byrd Amendment."
According to the June 1, 2006 Federal Register notice issued by the BCBP, qualifying expenditures are those beginning Feb. 1, 2005 through June 30, 2006. To obtain a distribution of the offset under a given order or finding, an affected domestic producer must submit a certification to the BCBP indicating that the producer desires to receive a distribution.
In consideration of the approaching certification deadline and in an effort to assist those who may not have obtained applications, LDWF has posted a "standard certification form" developed by the BCBP along with instructions copied from the federal register notice to its Web site at http://www.wlf.louisiana.gov/pdfs/fishing/programs/FederalRegister.pdf.
Additionally, forms may be obtained by contacting LDWF offices in Baton Rouge, Bourg, New Iberia and Lake Charles as well as Sea Grant Extension offices at LSU AgCenter locations in Cut Off, Thibodaux, Houma, Belle Chasse, Chalmette, Lake Charles, Metairie, Franklin, Hammond, Abbeville and Jeanerette. A list of addresses and telephone numbers for the LDWF and LSU AgCenter offices where forms and instructions are available is also posted to the LDWF Web site at http://www.wlf.louisiana.gov/fishing/programs/research/LSUAgcontact.cfm. It is important to note that the sample form and instructions posted to the LDWF Web site and available for distribution at LDWF and LSU AgCenter offices should be considered as an advisory only and should not be taken as legal advice.
Written certifications for fiscal year 2006 distributions must be received by the BCBP before July 31, 2006. All claims should be addressed to the Assistant Commissioner, Office of Finance, Bureau of Customs and Border Protection, Revenue Division, Attention: Leigh Redelman, P.O. Box 68940, Indianapolis, IN 46268 or if using the street address; 6650 Telecom Drive, Suite 100, Indianapolis, IN 46278.
The June 1, 2006, Federal Register notice also identified the affected domestic producers associated with each order or finding who are potentially eligible to receive a distribution. A producer is potentially eligible to receive distributions if the producer publicly supported the shrimp antidumping petition by submitting written support of the petition or belonged to an organization that submitted written evidence of support for the petition to the U.S. International Trade Commission (USITC) before Dec. 8, 2004. The Federal Register notice contains a standard certification form which can be used in filing claims along with detailed instructions for filing written certifications. The document at this link is extremely large and may be difficult to open and download without a high-speed Internet connection.
The BCBP requires that in order to receive distributions from the six countries named in the antidumping duty orders, separate applications must be submitted for each country-claim. The following lists the Commerce Case Number and Case Name for each country-claim.
Commerce Case Number Producer-Country
Applicants are advised that certification requires the following information: Federal Register publication date, Commerce case number, case name (producer/country), name of domestic producer and mailing address, IRS number or employer identification number or social security number of domestic producer, business organization of domestic producer (i.e. corporation, partnership, sole proprietorship), total dollar amount claimed, dollar amount claimed by category, and statement of eligibility. Certification also requires the producer to certify that it remains in operation and continues to produce shrimp; has not been acquired by a company or business that is related to a company which opposed the antidumping investigations; has records to support each qualifying expenditure listed in the certification, and how these qualifying expenditures are determined to be related to the production of shrimp. Applicants should make six copies of the entire application and complete and submit a separate application for each of the six different countries. Place the proper case numbers and names in the space provided on the second page of the application and list the remaining five case numbers and names on the third page of the application. Due to the level of detail required in listing qualified expenditures required, it is recommended that applicants seek accounting advice from professionals.
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