Byrd Amendment Certification
Opportunity for AHP A Members to Receive
Duties Collected on Honey Imports
from China and Argentina
In the fall of each year, the federal
government distributes to eligible domestic producers the duties the government
has assessed and collected on certain imports that are subject to antidumping
("AD") and countervailing duty ("CVD") orders. For purposes relevant to AHPA members, the
government will again distribute this fall AD and CVD duties collected during its
fiscal year 2014 (i.e., October 2013 through September 2014) on honey from
China and Argentina that was imported into the United States between December 2001
and September 2007, the period during
which the so-called "Byrd Amendment" was in effect.
The government just announced that, as
of April 30, 2014, it had collected $4.07 million in AD and CVD duties on honey
imports from Argentina and China, and that it intends to distribute this amount
to eligible domestic honey producers later in 2014.
Each AHPA member that meets all four
of the following requirements is eligible to apply for a
"distribution" of the duties collected during FY 2014:
(1) The member was an AHPA member in good standing
(including having fully paid its dues) in 2000, when the Petition requesting
the AD/CVD honey trade investigations was filed;
(2) The member has fully paid all of its
membership dues for each year from 2000 to 2014;
(3) The member has continuously produced and sold
raw honey from 2000 to 2014; and
(4) The member is not a member of Sioux
Honey Association (“SHA”) or, if it is an SHA member, the member will not
receive any part of distributions SHA will receive for FY 2014.
AHPA will soon submit to the federal government an updated AHPA membership list
that will include only those members that meet the first three of these four
requirements. Any AHPA member that
has not paid its dues through 2014 will not be included on the list the AHPA
provides to the government and thus will not be eligible to receive a
distribution of the duties collected during FY 2014.
In order to receive a distribution
of the collected duties, qualifying AHPA members (i.e., those that meet the
four requirements above) must submit to U.S. Customs and Border Protection
(“CBP”) a certification making claims for a distribution under the three AD and
CVD trade orders on honey imports from China and Argentina.
This certification must be RECEIVED by
CBP by Friday, August 1, 2014. Any certification
received by CBP after that date will not be considered. In addition, to the extent you submit your
certification to CBP in hard copy, you need to submit three copies of the
Please note: if you are a member of
the Sioux Honey Association ("SHA"), you do not need to file - and
you should not file - any Byrd Amendment application, because SHA, as a
cooperative, is filing on behalf of all of its members.
international trade lawyers at Kelley Drye & Warren LLP have drafted the attached
memorandum and certification template to assist you in completing the application.
Forms and instructions may be downloaded
below or contact me, Cassie Cox, to send you hard copies. We recommend that you
immediately review these documents, and that you prepare and file your
certification with CBP as soon as possible.
Should you have any questions about preparing your certification that
are not answered by these materials, please contact me as follows:
PO Box 435
Mendon, UT 84325
Please contact me only after you have
fully reflected on the problem, and have attempted to resolve it by consulting
the instructions. If, after that, you still need to contact me, and I am unable
to resolve your question, I will present it to the Kelley Drye attorneys.
As a reminder, the original and two
copies of your certification must be received
by CBP no later than Friday, August
1, 2014, for eligible AHPA members to receive any portion of this
year's Byrd Amendment distribution.
Example Form 7401 PDF
Byrd Certification Form 7401 - PDF
Byrd Certification Form 7401 - Microsoft Word
Instructions - PDF
Instructions - Microsoft Word
Pay.Gov Instructions - PDF
Pay.Gov Instructions - Microsoft Word