CBP provided some instructions for transmitting manual entry summaries. While manual entry summaries are not transmitted through the Automated Broker Interface, they are accepted into ACE, it said. The document and timeliness requirements are the same for non-ABI entry summaries as for other entry summaries. CBP will give the invoice, which serves as the release notification, to the non-ABI filer after a CBP review, it said. CBP will also allow lineless non-ABI entry summary input for "the following entry types: 01, 04, 05, 08, and 11 (consolidated) transactions only, 21, 22, 24, 25, and 31," CBP said. "U.S. Virgin Island ports only may use lineless Non-ABI Entry Summary input for the following entry types; excluding only Quota, AD/CVD, Reconciliation, Drawback and Vessel Repair: 01, 06, 08, 11, 21, 22, 23, 24, 25, 31, 51, and 52."
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.
The government is opposing a bid by a group of importers to have CBP issue interim drawback regulations that would allow the agency to begin processing claims under the Trade Facilitation and Trade Enforcement Act, according to recent court filings. Though those importers hope interim calculation procedures can be issued as soon as October (see 1808280037), the government said the drawback calculation provisions are “not easily divorced” from the rest of a recent proposed rule, and urged the Court of International Trade to let the rulemaking process proceed normally.
The Court of International Trade on Sept. 6 ruled against several petroleum importers seeking drawback on taxes and fees, finding CBP correctly denied the claims because the importers did not include amounts for merchandise processing fee, harbor maintenance tax and excise taxes. Following precedent set by the Federal Circuit over the past 20 years, CIT said the importers were required to file a complete claim within the three years after export, and that the complete claim must include the full amount of drawback requested.
CBP issued the following releases on commercial trade and related matters:
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CBP could begin processing drawback claims as soon as October if all goes according to the plans of a group of customs brokers and importers challenging CBP’s failure to meet a February deadline, said John Peterson of Neville Peterson, who represents those brokers and importers in the case at the Court of International Trade.
The House could pass the Miscellaneous Tariff Bill in the first week or so following a return from recess after Labor Day "if they think that they can get it passed and get it through the president to sign," said Jon Kent, a lobbyist for the National Customs Brokers & Forwarders Association of America with Kent & O'Connor. One potential issue could be inconsistency concerns within the administration over tariff cuts on many goods that come from China as other tariffs are being added under Section 301 and other trade remedies, Kent said.
CBP issued the following releases on commercial trade and related matters:
CBP will hold monthly calls about drawback filing under the Trade Facilitation and Trade Enforcement Act, the agency said in a CSMS message. "The calls will take place on the last Wednesday of each month, August 29th to February 27th from 1:00 pm -- 2:00 pm Eastern Time," CBP said. The call-in number is 1-877-873-8017 and the code is 6215791. Drawback questions can go to Randy.mitchell@cbp.dhs.gov.