The Customs Rulings Online Search System (CROSS) was updated Dec. 23. The following headquarters rulings were modified recently, according to CBP:
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 National Association of Foreign-Trade Zones has long argued that barring goods produced in FTZs from qualifying for USMCA tariff benefits makes no sense, if the goods would otherwise meet rules of origin, and that the restriction puts FTZ production at a disadvantage compared to Mexican and Canadian production.
CBP issued the following releases on commercial trade and related matters:
The Customs Modernization Act draft bill in the Senate is largely a customs enforcement bill, not a customs modernization bill, Sidley Austin attorney Barbara Broussard said in an interview, but she's hopeful that some carrots can be added to the sticks in the current approach. She said traders would really like to be able to file entry summaries monthly or quarterly, similar to the way Customs reconciliation is allowed, rather than having to do entry summaries within 10 days of goods' entrance into commerce. Sen. Bill Cassidy, R-La, recently requested stakeholder input on the draft bill.
International Trade Today is providing readers with the top stories from Oct. 25-29 in case they were missed. All articles can be found by searching on the titles or by clicking on the hyperlinked reference number.
The social spending and climate response bill known as Build Back Better has been scaled back to satisfy concerns of two Senate moderate Democrats, and as a result, many of the original pay-fors are gone, including a limitation on tobacco drawback and a plan to tax the nicotine in vaping cartridges.
CBP issued the following releases on commercial trade and related matters:
House Ways and Means Committee Chairman Richard Neal, D-Mass., told International Trade Today that a carbon border adjustment tax is still "in the mix" as Democrats try to figure out how to pay for a broad array of social and environmental spending. A carbon border adjustment tax could add tariffs to certain imports that are carbon-intensive, if the U.S. determines their manufacture was less clean than the domestic manufacturing processes. But when pressed during a Sept. 23 hallway interview with reporters for more details on where things are on the tax, Neal acknowledged that the discussion of this tax is more conceptual than practical. "Did it come up as a talking point? Yes. Did it come up as a solution point? No." Neal said that all the pay-fors that passed out of Ways and Means are on the menu of options for how to pay for the Build Back Better bill. That includes restricting the use of drawback by tobacco importers and exporters (see 2109130038).
International Trade Today is providing readers with the top stories from Sept. 13-17 in case they were missed. All articles can be found by searching on the titles or by clicking on the hyperlinked reference number.
The legislative language for a proposed change to the treatment of excise tax drawback claims on exported tobacco would make such claims ineligible not just going forward (see 2109130038), but also would disallow claims filed since Dec. 18, 2018. That is the date that CBP issued a final rule saying that such claims were not allowed. However, the prohibition did not take effect until Feb. 19, 2019, because of the 60-day waiting period after the rule's publication (see 1908300032). The final rule was overturned in court, so some exporters have been collecting substitution drawback on these goods -- or as the government calls it, "double drawback," since the case was won.