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Duty-sharing Byrd Amendment Repealed
21 December 2005
Associated Press

WASHINGTON -- The Senate repealed a key manufacturing subsidy in narrowly passing a final budget bill Wednesday, but compromised to allow U.S. companies that rely on it to keep receiving tariff revenues until their foreign competitors stop illegal practices.

The 2000 law known as the Byrd amendment, after sponsor Sen. Robert Byrd, D-W.Va., had redirected about $1 billion in fees from government to corporate coffers through September. The largest chunk, $205 million, went to steel producer Timken Co. of Canton, Ohio.

Ohio Sen. Mike DeWine, who wrote an earlier version of the duty-sharing law in 1999, was one of just five Republicans to vote against the budget bill, forcing Vice President Dick Cheney to vote to break a 50-50 tie. He said he was disappointed the law would no longer be able to protect manufacturing jobs, particularly in Ohio.

"This is about helping the victims," DeWine said. "The money was plowed back into job creation in Ohio and it was working. This hurts."

The law redirects tariffs on foreign goods from the U.S. treasury to manufacturers that file illegal dumping complaints. "Dumping" is the term for imports sold in the U.S. market at prices below American production costs.

No more companies will be able to receive Byrd money after Oct. 1, 2007.

The United Steelworkers of America, which represents 850,000 employees and most of those at companies affected by the Byrd amendment, says an original House version of the bill would have been worse.

"A straight-up repeal would have been the worst possible thing, but even with the compromise, the problem is there can be no new beneficiaries," said Bill Klinefelter, the Steelworkers' chief lobbyist.

World Trade Organization members have protested the U.S. crackdown on dumping, but U.S. negotiators at WTO talks in Hong Kong last week declined to change anti-dumping laws.

Timken spokesman Jeff Dafler said the company can take solace in that.

"We trust the government will use existing trade laws in an effort to stop continued dumping, which still threatens U.S. jobs and investment," he said.

 

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