Background

A wide-ranging trade facilitation and enforcement bill signed into law Feb. 24 includes significant reforms to the duty drawback program. Some of these changes will expand benefits and make it easier to file claims, while others will impose a greater burden on filers. Sandler & Travis will conduct a webinar March 7 to review these changes and how they will affect your business.

Among the key changes made by the new law are the following.

  • Drawback claimants must keep records for a longer period:   three years from the date the claim is liquidated, rather than three years   from the date the claim is paid.
  • Unused substitution and manufacturing substitution drawback   may now be claimed at the eight-digit HTSUS level, meaning there will no   longer be a need to file for a commercial interchangeability ruling.
  • Substitution drawback will be calculated as the lesser of the   duties, taxes and fees that (a) were paid on the imported article or (b)   would have been paid on the exported article had it been imported. This   could result in smaller or larger refunds depending on the situation.
  • Statutory timeframes for filing claims are simplified and   claimants will have five years from the date of import to file claims.
  • Manufacturing drawback claims may now include merchandise   processing fees and harbor maintenance fees.
  • The transfer of merchandise may be evidenced by business   records kept in the normal course of business, meaning that certificates   of delivery or certificates of manufacture and delivery are no longer   required.

These changes will not take effect until Feb. 24, 2018. Until that date drawback claims must be filed under the existing law. For the period Feb. 24, 2018 to Feb. 24, 2019, claimants may choose whether to file claims under the old or new laws. As of Feb. 24, 2019, drawback claims will have to be filed according to the new law.

For more information on the drawback reforms, please contact Dawn Olesky at (248) 474-7200 x1120, Andrea Artero-Larsen at (248) 474-7200 x1173, or John Gapske at (248) 474-7200 x1103.

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