The legislative language for a proposed change to the treatment of excise tax drawback claims on exported tobacco would make such claims ineligible not just going forward (see 2109130038), but also would disallow claims filed since Dec. 18, 2018. That is the date that CBP issued a final rule saying that such claims were not allowed. However, the prohibition did not take effect until Feb. 19, 2019, because of the 60-day waiting period after the rule's publication (see 1908300032). The final rule was overturned in court, so some exporters have been collecting substitution drawback on these goods -- or as the government calls it, "double drawback," since the case was won.
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.
Senate Finance Committee Chairman Ron Wyden, D-Ore., says that although his initial list of pay-fors did not include any taxes on tobacco, he thinks the House Ways and Means Committee proposal is worthy of being included on what he called "a menu of options" to give Democratic senators choices. "I happen to think that this is an important idea, they're talking, I gather, at e-cigarettes," he said during a Capitol hallway interview.
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Mexico and Canada emphasized how the COVID-19 pandemic has proven the need for interlinked supply chains, but U.S. Trade Representative Katherine Tai emphasized supply chains' downside as she, Mexico's economy minister and Canada's trade minister sat down to the first Free Trade Commission meeting of the USMCA. Tai said, "Not only have we discovered the fragility of our supply chains, but we have just begun to appreciate the degree to which they run counter to our collective goals of ensuring that workers within North America, and outside it, are paid a fair wage, in a safe workplace."
The government of Canada issued the following trade-related notices as of Dec. 16 (some may also be given separate headlines):
Five people are facing federal charges over allegations of illegal filing of drawback claims, the U.S. Attorney's Office for the Northern District of California said in a news release. An Aug. 12 grand jury indictment, which was unsealed Aug. 25, charged Dale Behm of Shell Knob, Missouri; Yong Heng Liang of Daly City, California; Joshua Stanka of Katy, Texas; Joshua Clark of Fair Oaks Ranch, Texas; and Michael Choy of Etobicoke, Ontario, Canada, “with conspiracy, wire fraud, and related charges related to an alleged scheme to submit fraudulent claims for refunds on import duties,” the release said.
More companies are seeking drawback payments as the economic slowdown has increased the importance of cash on hand, CBP officials and industry executives said during the American Association of Exporters and Importers virtual conference Aug. 20. “In general, I would say COVID's had a major impact on our businesses and it's also made our company even more focused on getting cash in the door,” said Kathleen Palma, senior executive for international trade compliance at GE. “One of the levers that our leadership has been looking at has been drawback.” At the same time, Palma expects that because the company is bringing in fewer shipments, that will be reflected in fewer drawback claims going forward.
The European Union will modernize trade agreements in the Pan-European-Mediterranean region to make rules of origin more flexible and “business friendly,” the European Commission said Aug. 24. The origin rules for certain products will be “easier to meet,” the EU said in a guidance, adding that the deal will now include higher thresholds for the use of non-originating goods and will lift prohibitions on duty-drawbacks. The changes will also ease logistics and customs procedures by allowing for electronic versions of “origin proofs.” The new measures will apply to trade deals with Iceland, Liechtenstein, Norway, Switzerland, Faroe Islands, Turkey, Egypt, Israel, Jordan, Lebanon, Palestinian territories, Georgia, the Republic of Moldova, Ukraine, Albania, Bosnia and Herzegovina, North Macedonia, Montenegro, Serbia and Kosovo.
Rock Trade Law absorbed consulting firm Kennard & Associates “to offer expanded duty drawback capabilities,” the law firm said in a news release. The firm will also “expand its portfolio of services to include vessel repair entry filings,” it said.
Because the Office of the U.S. Trade Representative was in such a hurry on implementation, some USMCA details needed by traders are either wrong or missing. For instance, there are tariff numbers that are invalid, because negotiators used the 2012 Harmonized Tariff Schedule numbers. On a call with trade professionals July 6, CBP staffers said importers or exporters can email CBP with a tariff number in question, and the agency can provide guidance on how to claim USMCA treatment for those goods.