CBP’s final regulations on new procedures for drawback under the Trade Facilitation and Trade Enforcement Act are now at the Office of Information and Regulatory Affairs for review, according to the Office of Management and Budget website. CBP is required to issue the final rule by Dec. 17 as a result of a Court of International Trade decision on the regulations (see 1810120055). A CBP lawyer earlier this week said CBP and the Treasury Department recently finished a review of the comments (see 1810310030). A proposed rule on copyright protections for imported goods to be implemented under TFTEA is also under OIRA review, according to another notice.
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 issued the following releases on commercial trade and related matters:
Final regulations on drawback under the Trade Facilitation and Trade Enforcement Act are now being developed to meet the court-ordered Dec. 18 deadline for those rules (see 1810120055), said Emily Simon, a lawyer with CBP who spoke during an Oct. 31 conference call about drawback. CBP received comments on its proposed rules in September (see 1809190005). "We have indeed reviewed those in depth as part of the adjudication process" and CBP and Treasury have been "working extensively to prepare that final rule, which is in process right now," Simon said.
CBP issued the following releases on commercial trade and related matters:
CBP issued the following releases on commercial trade and related matters:
The Treasury Department published its fall 2018 regulatory agenda for CBP. The agenda includes one new rulemaking involving the Craft Beverage Modernization Act. The agency will try to issue an interim final rule by December this year that "eliminates a restriction pertaining to CBP’s authority to refund excessive duties, taxes, fees, or interest imposed on distilled spirits, wine, and beer," it said.
CBP's proposed restrictions on claiming substitution drawback under the Trade Facilitation and Trade Enforcement Act on claims made under the old law is expected to face litigation if the rules are finalized, said Dawn Olesky, vice president of drawback operations at STTAS. Olesky spoke on an Oct. 11 webinar hosted by UPS, which owns STTAS. The proposed rules (see 1808020049) don't allow for TFTEA substitution drawback on goods associated with an entry summary that was designated as filed under the previous law.
The Court of International Trade said in an Oct. 12 ruling that CBP must file a final rule for drawback under the Trade Facilitation and Trade Enforcement Act with the Office of the Federal Register by Dec. 17. The final rule, except for provisions involving drawback for excise taxes, will be effective when filed, ruled CIT Judge Jane Restani. The excise tax provisions may take effect 60 days after publication.
CBP must issue final regulations on drawback under the Trade Facilitation and Trade Enforcement Act by Dec. 17, 2018, the Court of International Trade said in an Oct. 12 decision. Capping a contentious case brought by a set of customs brokers and importers (see 1803260048), CIT Judge Jane Restani ordered that the final regulations must take effect immediately on Dec. 17, except for certain excise tax drawback provisions that may take effect 60 days later.
CBP issued the following releases on commercial trade and related matters: