The Byrd Amendment is also known as the Continued Dumping and Subsidy Offset Act of 2000 (CDSOA). It passed as title X of .
Substance
The act is
American
American(s) may refer to:
* American, something of, from, or related to the United States of America, commonly known as the "United States" or "America"
** Americans, citizens and nationals of the United States of America
** American ancestry, pe ...
legislation closely associated with its chief sponsor,
Democratic Senator
A senate is a deliberative assembly, often the upper house or chamber of a bicameral legislature. The name comes from the ancient Roman Senate (Latin: ''Senatus''), so-called as an assembly of the senior (Latin: ''senex'' meaning "the el ...
Robert Byrd
Robert Carlyle Byrd (born Cornelius Calvin Sale Jr.; November 20, 1917 – June 28, 2010) was an American politician and musician who served as a United States senator from West Virginia for over 51 years, from 1959 until his death in 2010. A ...
of
West Virginia
West Virginia is a state in the Appalachian, Mid-Atlantic and Southeastern regions of the United States.The Census Bureau and the Association of American Geographers classify West Virginia as part of the Southern United States while the Bur ...
. The act changed the disposition of funds raised from
duties
A duty (from "due" meaning "that which is owing"; fro, deu, did, past participle of ''devoir''; la, debere, debitum, whence "debt") is a commitment or expectation to perform some action in general or if certain circumstances arise. A duty may ...
on imports that the US government has determined to be subsidized or otherwise unfairly priced. Prior to the act, those funds were incorporated into the US budget. The Act specifies that the funds be distributed to the US companies that file pricing complaints. In short, this meant that non-US firms which sell below cost price in the US can be fined, and the
money
Money is any item or verifiable record that is generally accepted as payment for goods and services and repayment of debts, such as taxes, in a particular country or socio-economic context. The primary functions which distinguish money are as ...
given to the US companies who made the complaint in the first place.
Duration
Congress enacted the Byrd Amendment on October 28, 2000, and repealed it on December 21, 2005.
[
]
History
On July 21, 2001, the
European Commission
The European Commission (EC) is the executive of the European Union (EU). It operates as a cabinet government, with 27 members of the Commission (informally known as "Commissioners") headed by a President. It includes an administrative body o ...
and eight other countries –
Australia
Australia, officially the Commonwealth of Australia, is a Sovereign state, sovereign country comprising the mainland of the Australia (continent), Australian continent, the island of Tasmania, and numerous List of islands of Australia, sma ...
,
Brazil
Brazil ( pt, Brasil; ), officially the Federative Republic of Brazil (Portuguese: ), is the largest country in both South America and Latin America. At and with over 217 million people, Brazil is the world's fifth-largest country by area ...
,
Chile
Chile, officially the Republic of Chile, is a country in the western part of South America. It is the southernmost country in the world, and the closest to Antarctica, occupying a long and narrow strip of land between the Andes to the east a ...
,
India
India, officially the Republic of India (Hindi: ), is a country in South Asia. It is the seventh-largest country by area, the second-most populous country, and the most populous democracy in the world. Bounded by the Indian Ocean on the so ...
,
Indonesia
Indonesia, officially the Republic of Indonesia, is a country in Southeast Asia and Oceania between the Indian and Pacific oceans. It consists of over 17,000 islands, including Sumatra, Java, Sulawesi, and parts of Borneo and New Guine ...
,
Japan
Japan ( ja, 日本, or , and formally , ''Nihonkoku'') is an island country in East Asia. It is situated in the northwest Pacific Ocean, and is bordered on the west by the Sea of Japan, while extending from the Sea of Okhotsk in the north ...
,
South Korea
South Korea, officially the Republic of Korea (ROK), is a country in East Asia, constituting the southern part of the Korea, Korean Peninsula and sharing a Korean Demilitarized Zone, land border with North Korea. Its western border is formed ...
and
Thailand
Thailand ( ), historically known as Siam () and officially the Kingdom of Thailand, is a country in Southeast Asia, located at the centre of the Indochinese Peninsula, spanning , with a population of almost 70 million. The country is bo ...
— filed a formal protest with the
World Trade Organization
The World Trade Organization (WTO) is an intergovernmental organization that regulates and facilitates international trade. With effective cooperation
in the United Nations System, governments use the organization to establish, revise, and e ...
(WTO). The European Commission claimed that since 2000, US companies had received
$1 billion in anti-dumping fees redistributed to them under the Byrd Amendment. In 2002, the WTO ruled the Byrd Amendment wholly illegal. It said that the
European Union
The European Union (EU) is a supranational political and economic union of member states that are located primarily in Europe. The union has a total area of and an estimated total population of about 447million. The EU has often been des ...
(EU) and the other countries could introduce measures which penalize the US for up to 72% of the monies raised and distributed through the Byrd Amendment.
On April 4, 2005, now with the permission of the WTO, the EU announced plans to implement limited
sanctions on a selection of US goods, charging a 15%
levy
Levy, Lévy or Levies may refer to:
People
* Levy (surname), people with the surname Levy or Lévy
* Levy Adcock (born 1988), American football player
* Levy Barent Cohen (1747–1808), Dutch-born British financier and community worker
* Levy ...
on U.S.
paper
Paper is a thin sheet material produced by mechanically or chemically processing cellulose fibres derived from wood, rags, grasses or other vegetable sources in water, draining the water through fine mesh leaving the fibre evenly distributed ...
,
farm goods,
textiles
Textile is an umbrella term that includes various fiber-based materials, including fibers, yarns, filaments, threads, different fabric types, etc. At first, the word "textiles" only referred to woven fabrics. However, weaving is not the ...
and
machinery
A machine is a physical system using power to apply forces and control movement to perform an action. The term is commonly applied to artificial devices, such as those employing engines or motors, but also to natural biological macromolecule ...
from May 1, 2005. This was in light of the continuing failure of the United States to bring its legislation in conformity with its international obligations. Also, on May 1, Canada imposed a 15% surtax sanction on US imports of
cigarette
A cigarette is a narrow cylinder containing a combustible material, typically tobacco, that is rolled into thin paper for smoking. The cigarette is ignited at one end, causing it to smolder; the resulting smoke is orally inhaled via the opp ...
s,
oyster
Oyster is the common name for a number of different families of salt-water bivalve molluscs that live in marine or brackish habitats. In some species, the valves are highly calcified, and many are somewhat irregular in shape. Many, but not al ...
s and live
swine. On September 1, 2005, the
Japanese government
The Government of Japan consists of legislative, executive and judiciary branches and is based on popular sovereignty. The Government runs under the framework established by the Constitution of Japan, adopted in 1947. It is a unitary state, c ...
introduced 15% retaliatory duties on U.S.
steel
Steel is an alloy made up of iron with added carbon to improve its strength and fracture resistance compared to other forms of iron. Many other elements may be present or added. Stainless steels that are corrosion- and oxidation-resistant ty ...
imports.
For years, President
George W. Bush
George Walker Bush (born July 6, 1946) is an American politician who served as the 43rd president of the United States from 2001 to 2009. A member of the Republican Party, Bush family, and son of the 41st president George H. W. Bush, he ...
called for the Act's repeal, however with little progress. Eventually, after growing pressure on multiple fronts, the
109th United States Congress
The 109th United States Congress was a meeting of the legislative branch of the United States federal government, composed of the United States Senate and the United States House of Representatives, from January 3, 2005 to January 3, 2007, dur ...
in December 2005 and January 2006 repealed the amendment. The act's provisions stayed in place until October 1, 2007, and money continued to be redirected to companies during this time. For example,
American Italian Pasta Company
American Italian Pasta Company (AIPC) was a pasta manufacturing company with corporate offices in Kansas City, Missouri, and plants in Excelsior Springs, Missouri; Columbia, South Carolina; Tolleson, Arizona; and Verolanuova, Italy. APIC was acq ...
, in a
Form 10-Q
Form 10-Q, (also known as a 10-Q or 10Q) is a quarterly report mandated by the United States federal Securities and Exchange Commission, to be filed by publicly traded corporations.
Pursuant to Section 13 or 15(d) of the Securities Exchange A ...
dated August 6, 2008, recognized "
dumping and subsidy offset payments" attributed to the Act of $2.959 million for its
fiscal year
A fiscal year (or financial year, or sometimes budget year) is used in government accounting, which varies between countries, and for budget purposes. It is also used for financial reporting by businesses and other organizations. Laws in many ...
2007 and $4.64 million for fiscal year 2008.
References
External links
*
BBC News
BBC News is an operational business division of the British Broadcasting Corporation (BBC) responsible for the gathering and broadcasting of news and current affairs in the UK and around the world. The department is the world's largest broadca ...
:
*
EU may fight against the bill*
WTO ruling*
Proposed European sanctions on US goodsCanada authorized to sanction the United States for Byrd Amendmentfrom
Foreign Affairs and International Trade Canada
Global Affairs Canada (GAC; french: Affaires mondiales Canada; AMC)''Global Affairs Canada'' is the applied title under the Federal Identity Program; the legal title is Department of Foreign Affairs, Trade and Development (). is the department o ...
Dispute page for DS217, the CDSOAfrom
World Trade Organization
The World Trade Organization (WTO) is an intergovernmental organization that regulates and facilitates international trade. With effective cooperation
in the United Nations System, governments use the organization to establish, revise, and e ...
A brief history of the billfrom eBearing.com
{{Authority control
United States federal trade legislation
Acts of the 106th United States Congress
Robert Byrd
Anti-competitive practices
Anti-dumping authorities