Will the Byrd Fly the Coop?

March 18, 2004


At a time when Congress is struggling with huge budget deficits and competing national goals to reduce taxes and support our troops overseas hundreds of millions of tax dollars are being funneled out of the general treasury and into the bank accounts of a few wealthy corporations. Early last week, however, two Congressmen introduced a bill that might reverse this corporate welfare. Read more…

Congressmen Jim Ramstad and Phil Crane recently introduced a bill that would repeal the Continued Dumping and Subsidy Offset Act of 2000, also known as the Byrd Amendment. The Byrd Amendment is a law that channels antidumping and countervailing duty revenue from the general treasury into the pockets of U.S. companies that bring and win unfair trade cases. The Treasury Department recently reported that it disbursed $330 million in Byrd funds during fiscal 2002, and $230 million in 2001. The 2003 payout is $293 million. For those of you counting, that adds up to almost a billion dollars over three years. Just imagine how these revenues might have been used for important national priorities. Instead they were handed out to industry with virtually no strings attached.

One would think that, given the budget crunch and the need to support the nation building effort in Iraq and the hunt for Bin Laden, handing out general treasury funds to corporate America might raise a few eyebrows on Capitol Hill. Apparently not.

In a letter to the President last year, seventy senators-that's more than two-thirds and easily enough to break any filibuster--told the Bush Administration that they had no intention of repealing the Byrd Amendment, even though the World Trade Organization (WTO) has ruled that the Amendment violates U.S. international trade obligations.

Quite frankly, Consumers for World Trade is flabbergasted by this viewpoint. We believe it represents a clear misunderstanding of the Byrd provision on the part of many lawmakers and suggests that people have confused the issue of supporting trade laws with supporting the Byrd provision. We believe the two issues are entirely separate.

U.S. dumping duty laws are designed to make products more expensive by applying a border tax to imported products to give U.S. industry the ability to compete. Any U.S. industry that gets dumping duties imposed gets a huge benefit paid for by consumers. Those dumping duties have always gone back into the general treasury to be used for the general good. And well they should have, too, because consumers pay these duties and consumers ought to get some benefit out of them. Byrd changed that, by taking these duties and giving them directly to the industries who asked for the taxes to be imposed in the first place. That has two very negative consequences: first, it encourages the filing of these cases and second it hits average Americans twice - once as consumers and a second time as taxpayers. There is nothing in the Byrd Amendment that stipulates that the revenues must be used for improving productivity. Indeed, companies could use Byrd revenues to provide bonuses for their top management.

The Administration has called twice now for the repeal of the Byrd Amendment. CWT thanks Congressmen Ramstad and Crane for the introduction of their bill, H.R. 3933. We hope the House of Representatives will behave more responsibly towards the American taxpayer than has the Senate on this issue.
Click here to read a copy of H.R. 3933.

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