The Court of International Trade should still force the government to issue an interim final rule on drawback calculations even though CBP released its proposed drawback regulations under the Trade Facilitation and Trade Enforcement Act on July 27 (see 1807270024), drawback filers and importers said in a filing that same day. "This Court can and should compel the required agency action by directing defendants to publish the required calculation regulation, and any other portion of the regulations required to make it effective, as an interim final rule, with immediate effect. (Alternatively, the Court can simply declare all of the [notice of proposed rulemaking] to be in force as an IFR,)" the companies said in the filing.
CBP posted its proposed rulemaking on drawback regulations under the Trade Facilitation and Trade Enforcement Act. The 444 pages of proposed rules are scheduled for publication in the Federal Register on Aug. 2, with comments due 45 days after that. Among the contentious issues involved was how the rules would treat distilled spirits in terms of substitution drawback (see 1708090043).
CBP released its proposed rulemaking for updated drawback regulations under the Trade Facilitation and Trade Enforcement Act. The long-awaited rulemaking had been held up for months while the Treasury Department and Office of Management and Budget reviewed its provisions.
CBP issued the following releases on commercial trade and related matters:
The House Ways and Means chairman and the chairman of the Subcommittee on Trade have told CBP that it's unacceptable that the agency hasn't publish final rules for the Trade Facilitation and Trade Enforcement Act (TFTEA), since that legislation required the regulations be promulgated by Feb. 24 this year. "We are adamant that [you] finalize and publish the TFTEA regulations without further delay," Chairman Kevin Brady and subcommittee Chairman Dave Reichert wrote July 19. "We are particularly concerned that non-compliance has greatly complicated drawback claims, particularly given CBP’s refusal to grant accelerated payment until the regulatory package is final."
CBP issued the following release on commercial trade and related matters:
CBP issued the following releases on commercial trade and related matters:
CBP issued the following release on commercial trade and related matters:
Correction: Section 301 duties on products from China that are set to begin July 6 will be eligible for drawback (see 1807030033), CBP said in a CSMS message.
Drawback will be available on entries subject to 25 percent Section 301 tariffs set to take effect July 6 on products from China, CBP said in updated guidance on the new tariffs. CBP also said that, when submitting an entry in which a heading or subheading in Chapter 98 is claimed on merchandise covered by the Section 301 tariffs, filers must first report subheading 9903.88.01 (the Chapter 99 subheading for the duties), followed by the applicable Chapter 98 subheading and the normal Chapter 1-97 classification. USTR released its final list of tariff subheadings covered by the tariffs on June 15 (see 1806150003).