CBP mistakenly included "an exemption for drawback claims for wine which included an imprecise reference" within the agency's proposed rules for drawback under the Trade Facilitation and Trade Enforcement Act (see 1808020049), CBP said in a notice. CBP said it inadvertently referenced a section that "implements the statutory prohibition on double drawback." As "evident from the entirety of the proposed rule," that paragraph, "applies to all drawback claims for wine," the agency said.
CBP will accept comments on its proposed rules for drawback under the Trade Facilitation and Trade Enforcement Act until Sept. 17, the agency said in its notice published in the Aug. 2 Federal Register. The text of the noticed was released on July 27 (see 1807270024) and the drawback industry is looking closely at the proposal. "We are still in the many stages of review, we do know that there will be considerable comments that are made from all different trade groups," said Dave Corn, vice president of Comstock and Theakston, in an Aug. 2 email. "Among the big concerns is the change for excise taxes, transfers of merchandise, tracking new definitions throughout the package, etc. Now that we know comments are due September 17th, the big push will begin to complete a thorough review."
The Court of International Trade should still force the government to issue an interim final rule on drawback calculations even though CBP released its proposed drawback regulations under the Trade Facilitation and Trade Enforcement Act on July 27 (see 1807270024), drawback filers and importers said in a filing that same day. "This Court can and should compel the required agency action by directing defendants to publish the required calculation regulation, and any other portion of the regulations required to make it effective, as an interim final rule, with immediate effect. (Alternatively, the Court can simply declare all of the [notice of proposed rulemaking] to be in force as an IFR,)" the companies said in the filing.
CBP posted its proposed rulemaking on drawback regulations under the Trade Facilitation and Trade Enforcement Act. The 444 pages of proposed rules are scheduled for publication in the Federal Register on Aug. 2, with comments due 45 days after that. Among the contentious issues involved was how the rules would treat distilled spirits in terms of substitution drawback (see 1708090043).
CBP released its proposed rulemaking for updated drawback regulations under the Trade Facilitation and Trade Enforcement Act. The long-awaited rulemaking had been held up for months while the Treasury Department and Office of Management and Budget reviewed its provisions.
CBP issued the following releases on commercial trade and related matters:
The House Ways and Means chairman and the chairman of the Subcommittee on Trade have told CBP that it's unacceptable that the agency hasn't publish final rules for the Trade Facilitation and Trade Enforcement Act (TFTEA), since that legislation required the regulations be promulgated by Feb. 24 this year. "We are adamant that [you] finalize and publish the TFTEA regulations without further delay," Chairman Kevin Brady and subcommittee Chairman Dave Reichert wrote July 19. "We are particularly concerned that non-compliance has greatly complicated drawback claims, particularly given CBP’s refusal to grant accelerated payment until the regulatory package is final."
CBP issued the following release on commercial trade and related matters:
CBP issued the following releases on commercial trade and related matters:
CBP issued the following release on commercial trade and related matters: