CBP on March 26 released a new version of its interim guidance on drawback claims filed under new Trade Facilitation and Trade Enforcement Act (TFTEA) procedures. Changes in this third version include a new policy that entry summary documents for imports affected by CBP’s “mixed claims” policy do not need to be included in the required document image system (DIS) upload, as was required by the original policy guidance, but may be required for verification. The latest version also clarifies that claims will not be rejected if they do not comply with the “first filed” rule, but that claims that do not comply may be liquidated with no refund, “depending on how the rule is implemented in the final regulations.” Claim amounts may require modifications if there is a violation of the first filed rule, and the modification may be reversed when the claim is perfected, if the final regulations do not implement the first filed rule, CBP said in the updated interim guidance.
Several drawback filers and importers on March 23 filed a court challenge of CBP’s new policies on drawback procedures under the Trade Facilitation and Trade Enforcement Act. They say CBP violated the Administrative Procedure Act when it changed drawback requirements via a guidance document issued in February without allowing for notice and comment on what amount to regulatory changes.
CBP issued the following release on commercial trade and related matters:
CBP issued the following release on commercial trade and related matters:
CBP issued the following release on commercial trade and related matters:
CBP may face a legal challenge of its decision not to allow accelerated payment on drawback claims filed under the Trade Facilitation and Trade Enforcement Act until it issues its TFTEA drawback regulations (see 1801260036), said a customs lawyer and a drawback consultant speaking during the International Trade Update conference on March 9 in Washington.
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CBP issued the following releases on commercial trade and related matters:
CBP updated its ACE Entry Summary business rules and processes document to reflect the changes to drawback related to the Trade Facilitation and Trade Enforcement Act (see 1802260057). The drawback section of the document was "completely revised with draft material to ensure that filers are aware of the implemented" TFTEA changes, CBP said.
CBP will now allow 30 days for drawback filers to submit supporting documentation for “mixed use” claims for Trade Facilitation and Trade Enforcement Act drawback on entries previously claimed for “core” drawback, it said in a CSMS message. “Revised language updates the interim policy document” issued by CBP in early February on TFTEA drawback (see 1802120020) “to allow filers to submit [Document Image System (DIS)] uploads for mixed-use claims within 30-days from the time the filer receives the mixed-use informational message in ACE,” CBP said.