President Bush Signs Miscellaneous Trade Bill into Law (Part X)
On December 3, 2004, President Bush signed into law the conference version of H.R. 1047, the Miscellaneous Trade and Technical Corrections Act of 2004.
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This is Part X of a multi-part series of summaries on the conference version of H.R. 1047 and highlights some of the amendments to the drawback statute (19 USC 1313). See future issues for additional summaries on the remaining amendments to the drawback statute and other provisions of the conference version of H.R. 1047.
Amendments to the Drawback Statute (19 USC 1313)
Drawback for Merchandise Not Conforming to Sample or Specifications
The conference version would amend the drawback provisions for merchandise not conforming to sample or specifications by revising 19 USC 1313(c) so that it reads as follows:
| When drawback certificates not required - For purposes of this subsection, drawback certificates are not required if the drawback claimant and the importer are the same party, or if the drawback claimant is a drawback successor to the importer as defined in subsection (s)(3). |
Drawback Time Limitation on Exportation or Destruction
The conference version would amend 19 USC 1313(i) to read as follows (plusses indicate new text, carrots < > indicate stricken text):
Unless otherwise provided for in 19 USC 1313,no drawback shall be allowed under the provisions of 19 USC 1313 unless the completed article is exported , or destroyed under the supervision of the Customs Service, within five years after the importation of the imported merchandise.
Use of Domestic Merchandise Acquired in Exchange for Imported Merchandise of Same Kind and Quality
The conference version would amend 19 USC 1313(k) by designating the existing subsection (k) as (k)(1) and adding a new (k)(2) paragraph which states that for purposes of 19 USC 1313(a) and (b), the use of any domestic merchandise acquired in exchange for a drawback product of the same kind and quality shall be treated as the use of such drawback product if no certificate of delivery or certificate of manufacture and delivery pertaining to such drawback product is issued, other than that which documents the product's manufacture and delivery.
As used in the above sentence, the term "drawback product" means any domestically produced product, manufactured with imported merchandise or any other merchandise (whether imported or domestic) of the same kind and quality, that is subject to drawback.
See ITT's Online Archives or 10/19/04, 10/20/04, 10/22/04, 11/01/04, 11/02/04, 11/30/04, 12/01/04, 12/02/04, and 12/03/04 news, 04101905, 04102005, 04102225, 04110115, 04110225, 04113020, 04120105, 04120210, and 04120310, for Parts I-IX.
Legislative text of the Conference version of H.R. 1047 available at http://waysandmeans.house.gov/media/pdf/hr1047/HR1047confreptlegtext.pdf.
Joint explanatory statement of the conference committee regarding H.R. 1047 available at
http://waysandmeans.house.gov/media/pdf/hr1047/hr1047confreptexplanstatement.pdf.