CBP is requesting comments by Nov. 20 for an existing information collection concerning CBP protest forms. CBP proposes to extend the expiration date of this information collection with no change to the burden hours or to the information collected. The notice ran in the Federal Register Sept. 21.
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.
Korea’s strong rebound since the financial crisis was largely achieved without recourse to protectionist measures, said the World Trade Organization in its Trade Policy Review of Korea. The country has instead opened up its markets through bilateral trade agreements, including with the U.S. However, burdensome regulations, a complex and unpredictable tariff schedule, and high walls around certain industries pose challenges for Korea, the WTO said
Movement on legislation reauthorizing CBP before the Presidential election remains largely uncertain, as the window for introduction gets smaller and smaller, said the lobbyist representing the National Customs Brokers and Forwarders Association of America (NCBFAA). With most legislation likely drafted, there's still a possibility of a bill's introduction this week, said Jon Kent, of Kent and O'Connor, who represents the NCBFAA on the Hill. The House is in session through Sept. 21, after which it's on recess through Nov. 13.
International Trade Today is providing readers with some of the top stories for Sept. 4-7 in case they were missed.
Monsanto may substitute one type of chemical for the export of another type, said CBP's Entry Process and Duty Refunds Branch in an Aug. 17 ruling recently added to CBP's CROSS database. CBP said it considered the two products commercially interchangeable and eligible for unused merchandise drawback despite different levels of the active ingredient and different tariff classifications. Specifically, CBP found the chemicals met the criteria for being interchangeable under the drawback statute, 19 U.S.C. Section 1313(j)(2).
While international tariff and non-tariff barriers remain, along with the need for heightened security to deal with issues such as terrorism and money laundering, the U.S. foreign trade zone system is “likely to continue and even, possibly, expand,” said the Congressional Research Service in a report on U.S. FTZs. The Sept. 5 report, entitled “U.S. Foreign-Trade Zones: Background and Issues for Congress,” gives background on free trade zones in general, outlines the U.S. FTZ program, and discusses current FTZ and worldwide zone-related issues for Congress.
Indian producer Essar Steel appealed the Court of International Trade’s June ruling in U.S. Steel Corporation v. U.S. (Slip Op. 12-91), according to a Court of Appeals for the Federal Circuit docketing notice. Essar’s antidumping rate grew from 5.22% to 9.01% as a result of CIT’s ruling, which arose from U.S. Steel and Nucor’s challenge of the final results of the 2005-06 administrative review of the antidumping duty order on certain hot-rolled carbon steel flat products (A-533-820). At issue in the ruling were adjustments to cost of production for Essar’s duty drawback and corrections of ministerial errors made by the International Trade Administration. The appealed decision sustained the ITA’s second remand redetermination.
CBP posted an updated version of its notice announcing that the next customs broker license exam will be on Wednesday, Oct. 3.
CBP issued a notice providing information regarding its four drawback center locations (Chicago, Houston, New York/Newark, and San Francisco). CBP's notice lists each center and provides contact information for each one.
The Court of Appeals for the Federal Circuit affirmed the Court of International Trade’s 2011 ruling against Shell’s duty drawback claims for Harbor Maintenance Tax and Environmental Tax payments. In June 2011, CIT said the claims were time barred because duty drawback claims may only be filed within the three years after exporting the substitute merchandise. Shell had filed duty drawback claims in 1995 and 1996, within the three-year window, but its claims only requested drawback on import duties, and not on the HMT and ET payments. Shell didn’t file new duty drawback claims for HMT and ET payments during the six-month grace period for untimely drawback claims offered by Congress’ 1999 amendments to the drawback statute, either.