U.S. Customs and Border Protection has updated its interim guidance on filing drawback claims under the Trade Facilitation and Trade Enforcement Act. Click here for ST&R’s summary of the initial guidance.

As of Feb. 24 the Automated Commercial Environment became the sole authorized electronic data interchange system for processing claims filed under the current drawback law (19 CFR parts 181 and 191) as well as the more advantageous provisions created by TFTEA, even though TFTEA regulations have not been implemented. CBP’s guidance answers policy and procedural questions that claimants have had about this transition and may be further revised during the interim period if further clarification or additional instructions are needed.

According to CBP, changes made in the most recent version of the guidance include the following.

Claim Acceptance

- guidance regarding resources available to ensure claims are accepted even though they may be ultimately liquidated with no refund if they do not comply with the final regulations once issued

Mixed Claims Policy

- entry summary documents for imports need not be included in the required Document Imaging System upload but may be required for verification

- whether mixed claims will be permitted after the transition year (which expires Feb. 23, 2019) depends on the final regulations

First-Filed Rule Policy

- the error is not fatal in ACE and claims will not be rejected if they do not comply with the first-filed rule (this does not reflect a substantive change to CBP policy or systems but is a clarification of prior guidance)

- claim amounts may require modification if there is a violation of the first-filed rule and such modification can be reversed when the claim is perfected if the final regulations do not implement the first-filed rule

- claims that do not comply with the first-filed rule may be liquidated with no refund depending on how the rule is implemented in the final regulations

For more information on TFTEA drawback claims, please contact ST&R’s Michael Cerny at (212) 549-0160.

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