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ARTICLE · 09 MARCH 2006

International Client Alert, March 2006

Powell Goldstein LLP
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On February 16, 2006, the Commission issued a final rule granting additional due process rights to those companies who are the subject of an operational audit.1 (Docket No. RM06-2-000.) Currently, if the Commission conducts an operational audit, and the audited person disagrees with the Commission’s decision, that person may seek a rehearing of the Commission’s order.

United StatesInternational Law

Congress Repeals Byrd Amendment, Ending Billion Dollar Subsidy

A provision eventually repealing the Continued Dumping and Subsidy Offset Act ("CDSOA") was included in the Budget Reconciliation Act. While the status of that Act is currently uncertain due to a clerical error in another provision, this revocation is expected to continue. Better known as the Byrd Amendment, CDSOA requires the payment of antidumping and countervailing duties collected from U.S. importers by the U.S. government to those U.S. producers that supported the original petitions requesting that such duties be imposed on the imports.

Because CDSOA distributes to certain U.S. companies the antidumping and countervailing duties collected, rather than the government retaining the duties, CDSOA has been controversial from its inception. Indeed, the controversy began before the law was enacted. Previous attempts to enact such a bill had been defeated in committee several times. In October 2000, Senator Byrd

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