The Court of International Trade may force CBP to issue proposed drawback regulations if the agency doesn't do so on its own soon, CIT Judge Jane Restani said in a June 29 ruling. The decision is part of a lawsuit brought against CBP that said the government is improperly not processing requests for accelerated payment on Trade Facilitation and Trade Enforcement Act drawback claims (see 1803260048). While the court declined to issue a preliminary injunction that would have forced CBP to allow for accelerated payment under TFTEA drawback, CIT said it may set its own deadline for the TFTEA drawback rules. "It should soon be apparent whether regulations are forthcoming," the court said.
CBP issued the following releases on commercial trade and related matters:
International Trade Today is providing readers with some of the top stories for June 18-22 in case they were missed.
CBP issued the following release on commercial trade and related matters:
CBP issued the following releases on commercial trade and related matters:
CBP's goal "is, and has always been," to publish a regulatory proposal for drawback regulations under the Trade Facilitation and Trade Enforcement Act, the Justice Department said in a June 12 filing with the Court of International Trade. The filing was part of a lawsuit brought against CBP that said the government is improperly not processing requests for accelerated payment on TFTEA drawback claims (see 1803260048). Tobacos de Wilson, Tobacco Rag Processors, Brown-USA, Nippon America, Skate One Corporation, Alliance International, C.J. Holt and Customs Advisory Services filed the suit in late March.
International Trade Today is providing readers with some of the top stories for June 4-8 in case they were missed.
CBP issued the following releases on commercial trade and related matters:
BALTIMORE -- There has been a long wait for details on how drawback will work under the Trade Facilitation and Trade Enforcement Act, but Dave Corn, vice president of Comstock and Theakston, said things are going to be moving in the next month. The Office of Management and Budget is required to send the proposed rule back to CBP by July 5, and Corn said he expects CBP to release a proposed rule notification a week or two after OMB acts. A lawsuit on whether CBP's action to change accelerated payment practices was outside its authority for interim guidance should also be resolved within a few weeks, he said while speaking at the American Association of Exporters and Importers annual conference on June 8.
It's not clear that the president's authorities under Section 232 allow for the elimination of drawback, law firm Neville Peterson said in a blog post. President Donald Trump said in April that drawback would not be allowed for entries subject to the Section 232 tariffs (see 1804300064). "While this is a close question, the President’s power under Section 232 is limited to 'adjust[ing] imports,'” the law firm said. "It seems unlikely that the President can take action respecting exports, the activity which generally triggers claims for duty drawback."