CBP's proposed restrictions on claiming substitution drawback under the Trade Facilitation and Trade Enforcement Act on claims made under the old law is expected to face litigation if the rules are finalized, said Dawn Olesky, vice president of drawback operations at STTAS. Olesky spoke on an Oct. 11 webinar hosted by UPS, which owns STTAS. The proposed rules (see 1808020049) don't allow for TFTEA substitution drawback on goods associated with an entry summary that was designated as filed under the previous law.
Drawback
A duty drawback is a refund by CBP of the duties, taxes, or fees paid on imported goods, which were imposed upon importation as prescribed in 19 U.S.C. 1313(d). More broadly, a drawback also includes the refund or remission of other excise taxes pursuant to other provisions of law.
The Court of International Trade said in an Oct. 12 ruling that CBP must file a final rule for drawback under the Trade Facilitation and Trade Enforcement Act with the Office of the Federal Register by Dec. 17. The final rule, except for provisions involving drawback for excise taxes, will be effective when filed, ruled CIT Judge Jane Restani. The excise tax provisions may take effect 60 days after publication.
CBP issued the following releases on commercial trade and related matters:
CBP issued the following release on commercial trade and related matters:
The customs chapter for the new U.S.-Mexico-Canada Agreement, or revised NAFTA, includes some provisions aimed at customs brokers. Those provisions, included in Article 7.21, stipulate that self-filing must be permitted and that customs broker licensing requirements must be transparent. Also, "no Party shall impose arbitrary limits to the number of ports or locations that a customs broker may operate," it says. "A Party shall allow a licensed customs broker to electronically submit a customs declaration and import documentation to the electronic systems" at "any port at which it is licensed to operate."
CBP issued the following releases on commercial trade and related matters:
CBP issued the following releases on commercial trade and related matters:
International Trade Today is providing readers with some of the top stories for Sept.17-21 in case they were missed.
Customs brokers this week will be lobbying congressional leaders to press the Department of the Treasury and CBP to change the proposed rule that excludes excise taxes from drawback, and will be asking members to co-sponsor the Customs Business Fairness Act (see 1712180053). The act, H.R. 4657, would change bankruptcy law so that customs brokers are not subject to clawback on duties advanced to CBP after a client declares bankruptcy.
On the first day of tariff collection for the third phase of the U.S.-China trade war, another 5,745 products became subject to 10 percent higher levies, with the threat of an additional 15 percent levy on those products following in a little more than three months.