International Trade Today is providing readers with some of the top stories for Dec. 31 - Jan. 4 in case they were missed.
Drawback
A duty drawback is a refund by CBP of the duties, taxes, or fees paid on imported goods, which were imposed upon importation. More broadly, a drawback also includes the refund or remission of other excise taxes pursuant to other provisions of law. CBP's duty drawback scheme under the Customs Act of 1962 allows exporters to receive a refund on customs duties they paid on imported products that are then used or incorporated into other products for export or remain unused until importation.
CBP is not processing any refunds during the government shutdown, said John Leonard, CBP executive director-trade policy and programs, during a Jan. 7 conference call with industry. The agency is "not processing refunds of any kind on any type of normal entry or drawback transaction," Leonard said. The liquidation process is functioning, but "the backend refunding process and issuing of checks is not happening," he said. Interest may apply to those delayed refunds, Leonard said.
Further litigation over the final drawback rules under the Trade Facilitation and Trade Enforcement Act is widely expected, with the most likely target being the provisions on drawback for excise taxes, according to multiple lawyers watching the issue closely. One lawyer mentioned ongoing discussions with tobacco firms to file a lawsuit over the excise tax issue, while the wine industry, which could see an end to more than $50 million in annual refunds, would be another likely litigant. The so-called "double drawback" for excise taxes is the most obvious piece to be challenged, but there are some other issues that could face legal scrutiny.
Customs brokers may still be sued under state laws despite a 1995 law that barred state claims against companies engaged in ground transportation, the U.S. District Court for Massachusetts said in a Dec. 20 decision. The federal law only pre-empts claims against motor carriers, freight brokers and forwarders engaged in ground transportation, and customs brokers don’t fall under any of those categories, the court said, allowing portions of an importer’s case against C.H. Robinson to go forward.
International Trade Today is providing readers with some of the top stories for Dec. 17-21 in case they were missed.
Lawmakers were unable to reach a federal government funding deal on Dec. 21, resulting in a shutdown that began at 12:01 a.m. on Dec. 22 and has no clear end in sight. CBP held a conference call on Dec. 21 with members of the trade to discuss the agency's operations during a shutdown, according to the National Customs Brokers & Forwarders Association of America. CBP will have conference calls during the shutdown and is preparing a CSMS message to detail its plans, the NCBFAA said.
CBP issued the following releases on commercial trade and related matters:
CBP issued the following releases on commercial trade and related matters:
CBP's final rule for drawback regulations includes some changes from the proposed rule, but keeps in place much of the proposal, including the controversial provisions on drawback for excise taxes. The biggest change from the proposed rule is the elimination of limits on "mixed" claims. The final rule is a result of the Trade Facilitation and Trade Enforcement Act and a Court of International Trade decision that found CBP to be taking too long to issue the final regulations (see 1810120055).
CBP released a final rule for drawback regulations under the Trade Facilitation and Trade Enforcement Act. Most of the regulations will take effect upon publication in the Federal Register on Dec. 18, though the new rules for drawback of excise taxes will take effect on Feb. 19, it said.