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Ending Duty Clawbacks: Prohibition on Recouping Antidumping Duties

This act prohibits the Secretary of Homeland Security and other persons from requiring repayment or offsetting certain antidumping and countervailing duty payments made under the Tariff Act of 1930. The provisions apply to payments assessed on imports from any country and distributed on or after January 1, 2001. Additionally, the act mandates the refund of any already recouped funds and the distribution of withheld funds within 90 days of enactment.
Key points
Prohibition on requiring repayment or offsetting of previously distributed antidumping and countervailing duties.
Mandate to refund any funds already recouped from recipients within 90 days of the act's enactment.
Requirement to fully distribute duties currently withheld by U.S. Customs and Border Protection as an offset.
Protection does not apply in cases of false statements, misconduct, or insufficient verification of certifications.
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Additional Information
Print number: 117_HR_9041
Sponsor: Rep. Clyburn, James E. [D-SC-6]
Process start date: 2022-09-29