House appropriators adopted an amendment that would require CBP to explain its drawback policies in the face of concerns that the agency might be wrongly denying unused merchandise drawback claims, as well as drawback claims where taxes are collected by federal agencies other than CBP. The amendment is part of a Department of Homeland Security funding bill for fiscal year 2017 approved by the House Appropriations Committee on June 22. That amendment would also require CBP to provide lawmakers with a report detailing “why drawback claims are not treated consistently” across all categories of imported goods, as well as the reasons for rejection of drawback claims for “certain imported products,” whether paid to CBP or a partner government agency. The bill now goes to the House floor for consideration. Senate appropriators sent their version of fiscal 2017 Department of Homeland Security funding legislation to that chamber’s floor in May (see 1605260037).
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.
International Trade Today is providing readers with some of the top stories for June 6-10 in case they were missed.
The House Appropriations Committee pointed to CBP hiring issues among the reasons behind its recommendation for $112.7 million less than the White House requested in overall CBP operations and support personnel funding as part of its fiscal 2017 Department of Homeland Security spending bill, the committee's draft report on the legislation said (here). The committee pointed to CBP’s past hiring difficulties and lack of Congressional oversight on unbound CBP finances as reasons for the decreased level, which is part of a $395.6 million proposed reduction in CBP operations and support from the Obama administration’s request. The bill would fund CBP operations and support personnel at $443.9 million, or 4 percent of the $11.2 billion level the bill would give CBP in total. The bill's overall CBP funding amount comes in at $458.1 million below the White House’s requested level, but at $158 million more than total fiscal 2016 funding (see 1606080053).
Only drawback claims not liquidated as of Aug. 7, 2015, don't require original or certified documentary evidence as proof of export, CBP said in a CSMS message (here). The message is meant to clarify the drawback rule changes from last year (see 1508060015) and "the timeframes during which the eased proof of export requirements apply," CBP said. The new rules don't apply "to claims that were liquidated prior to August 7, 2015, but protested," the agency said. "Those claims are considered 'liquidated' for purposes of application of the effective date. The Drawback offices have been informed of this guidance to ensure uniformity."
ARLINGTON, Va. -- Upcoming CBP regulations are needed to address several areas left unclear by major changes to drawback in recently enacted customs reauthorization legislation, a government official and industry executives said during a June 7 panel discussion at the American Association of Exporters and Importers annual conference. CBP still needs to decide how to handle changes in classification that occur between entry and the filing of the drawback claim and changes to “lesser of” limitations on drawback. The overhaul, the biggest for drawback since 1930, presents opportunities but also poses challenges for both industry and the government, and more changes are on the way as drawback is automated in ACE, they said.
Rejected and recalled apparel imported into the U.S. for recycling and fiber reclamation should be valued for customs purposes at the fee paid to the U.S. recycler, CBP said in ruling HQ H262963 (here), issued March 3. With other methods of valuation unavailable, CBP cited previous rulings that found recycled goods should be valued at the fee charged to take possession of the goods. The agency chose the fee paid by the importer to the recycler, rather than the original owner to the importer, to serve as the basis for appraisement.
PHOENIX -- Plans for a rulemaking to eliminate hybrid filing as part of the ACE transition remain unsettled, said Brenda Smith, executive assistant commissioner of CBP’s Office of Trade in an interview at the West Coast Trade Symposium on May 25. The agency is being "very careful because that would be a significant change in policy," she said. "Right now we're trying to decide, does it make sense," she said. CBP is "still having that internal discussion," but will "need to communicate" a decision in "the fairly near future," Smith said. CBP previously sought input on prohibiting filings that are a combination of electronic and paper filings (see 1510090017), which drew some concerns within industry (see 1511100030).
Despite a wide range of open questions about new antidumping and countervailing duty evasion enforcement proceedings, CBP fully expects to meet the required deadlines of the customs reauthorization law, said Carrie Owens, chief of CBP’s entry process and duty refund branch. Owens spoke during a panel discussion hosted by the American Bar Association on May 19. The agency is in the process of "furiously drafting" regulations and standard operating procedures related to the implementation of new AD/CVD enforcement measures, required to be implemented by Aug. 23, she said. The agency will also issue an interim final rule that will give some guidance as CBP seeks comments on proposed regulations, Owen said.
On July 23, CBP will begin requiring filing in ACE of entries and entry summaries for most remaining entry types, including entry types with quota merchandise, it said in a notice set for publication in the Federal Register (here). As of that date, ACE cargo release and entry summary will be mandatory for entry types 02, 07, 12, 21, 22, 31, 32, 34, 38, 61, 62, 63, 69 and 70, said CBP. The legacy Automated Commercial System (ACS) will no longer be available. Entry types 01, 03, 06, 11, 23, 51 and 52 are already set to become mandatory (and in some cases, already have) by that date.
CBP released the May 18 Customs Bulletin (Vol. 50, No. 18), which contains the following ruling actions (here):