substitution under the same 8-digit subheading of the HTSUS rather than “same kind and quality” substitution for manufacturing drawback). 1313(j)(2)), provides for drawback of duties, taxes, and fees paid on imported merchandise based on the export or destruction under CBP supervision of substituted merchandise (as defined in § 190.2, pursuant to 19 U.S.C. Substitution unused merchandise drawback (1313(j)(2)) Substitution is allowed if both the imported and substituted merchandise are classified under the same 8-digit HTS, provided the imported merchandise 8-digit HTS is not described as “other.” Substitution Unused Merchandise Drawback (19 U.S.C. Brown DHL Drawback Services Attorney in Fact 22210 Highland Knolls Drive Katy Texas, 77450 RE: Unused Merchandise Substitute Drawback Ruling Request Dear Mr. Brown, We are … Unused; Substitution; Time limits for Statute of Limitation Formal ruling obtained Unused Duty Drawback No Operations may be performed on imported or substituted merchandise not amounting to manufacture or production. § 190.32 Substitution unused merchandise drawback. For substitution unused merchandise drawback: (1) The claimant must have had possession of the exported or destroyed merchandise at some time during the 3-year period following the date of importation of the imported designated merchandise; and. Additional information required for drawback compliance program: 20. 1313 (j). A “drawback successor” is an entity to which another entity (predecessor) has transferred, by written agreement, merger, or corporate resolution: (i) All or substantially all of the rights, privileges, immunities, powers, duties, and liabilities of the predecessor; or. Unused Merchandise Drawback USC 1313 (j) A refund of duties on imported merchandise exported in essentially the “same condition”. 1313 (j) (2) ), provides for drawback of duties, taxes, and fees paid on imported merchandise based on the export or destruction under CBP supervision of substituted merchandise (as defined in § 190.2, pursuant to 19 U. NAFTA’S Drawback Provisions open/close. 190.32 Substitution unused merchandise drawback. NAFTA’S Drawback Provisions Section 313(j)(2) of the Act, as amended (19 U.S.C. MANUFACTURING DRAWBACK. The three-year time limit for the merchandise to be exported or destroyed under CBP supervision begins on the date of importation of the imported merchandise. (a) General. 3. Substitution same condition drawback/unused merchandise drawback [19 U.S.C. Section 313(j)(2) of the Act, as amended (19 U.S.C. A claimant may file a claim for drawback on imported material that is subsequently exported in an unused condition. Umbrella then manufactures and assembles 1000 dishwashers with a single motor in each one and exports 500 of them to customers in foreign markets. For many companies, this initial recovery of duty can be quite substantial. (iii) Value of transferred property. drawback claims • 1313(j)(2) substitution unused merchandise • 1313(b) manufacturing substitution • §190.51(a)(2)(ix) • The 10-digit HTSUS classification for the imported merchandise and would be applicable for the substitute merchandise along with the unit of measure must be reported 1313(j)(1) or under the substitution provision under 19 U.S.C. The new rules ease the requirement for unused substitution drawbackby allowing a match to the 8-digit tariff classification (of the 10-digit classification) to the imported article. (2) Destruction. Substitution Manufacturing Drawback: U.S. import duty may be recovered when imported duty-paid, duty-free or domestic material of the same kind and quality as the imported duty-paid designated material is used to produce the exported product. Substitution same condition drawback/unused merchandise drawback [19 U.S.C. LAW AND ANALYSIS: Substitution, unused merchandise drawback is provided by 19 U.S.C. Drawback claims will be matched based on 8-digit HTS substitution rather than commercial interchangeability. Drawback not allowed Yes Yes Has substituted merchandise been used in the United States? 1313(j)(2) is the alternative substitution standard rule set forth in (d)(1), claims under this subpart may be paid and liquidated if: (i) The claimant specifies on the drawback entry that the basis for substitution is the alternative substitution standard for wine; and. standards established by industry wide organizations. As a result, significantly more products will be eligible for unused substitution drawback. Substitution Same Condition/Unused Merchandise Drawback: NAFTA will affect each of these types of drawback in different ways. As a result, significantly more products will be eligible for unused substitution drawback. ... Claims on MPF and HMF will be available for manufacturing drawback in addition to unused drawback. Additional information required for drawback compliance program: 20. Operations performed on substituted merchandise. Therefore, this provision may only be used where there are exports to non-NAFTA countries. If you or your business imports and export goods to and from the United States, it’s possible that  you may qualify for duty drawback, which is a 99% refund on goods imported into the United States that are subsequently exported . In the case of an article that is destroyed, subject to paragraph (b)(3) of this section, the total amount of drawback allowable will not exceed 99 percent of the lesser of: (i) The amount of duties, taxes, and fees paid with respect to the imported merchandise (after the value of the imported merchandise has been reduced by the value of materials recovered during destruction as provided in 19 U.S.C. 4. This simplified timeframe replaces a variety of timeframes for Unused Merchandise, Manufacturing, and Rejected Merchandise Drawback. but importing and exporting happen along your supply chain. Unused merchandise, substitution drawback may be allowed upon the exportation or destruction under The performing of any operation or combination of operations, not amounting to manufacture or production as provided for in 19 U.S.C. JM Rodgers specializes in many types of duty drawback, one of which is manufacturing substitution drawback. In addition to the 8-digit HTSUS substitution standard in § 190.2, drawback of duties, taxes, and fees, paid on imported wine as defined in § 190.2 may be allowable under 19 U.S.C. List of Recommended Items Needed for Substitution Drawback Application . J.M. (a) General. When imported duty-paid, duty-free or domestic material of the same kind and quality (SKAQ) as the imported duty-paid designated material is used to produce the exported product, U.S. import duty may be recovered. 1313(j)(2) with respect to wine if the imported wine and the exported wine are of the same color and the price variation between the imported wine and the exported wine does not exceed 50 percent. It is important to note that, under the provision, the imported duty paid material does not have to be exported if the substituted merchandise is. HQ H174276; Jul 03, 2012 ; Type : Drawback • HTSUS : Related: 228580; H048135; H122535; H090065; H030097; H074002; H106515 OT:RR:CTF:ER H174276 PTM J.W. 1313 (j) (2)): If merchandise that is classifiable under the same 8-digit HTS subheading number as the imported merchandise, provided the HTS description of the imported merchandise is not "other," is exported or destroyed without being used in the United States, drawback of 99% of the duty, taxes and fees on the value of the imported or substituted … Under this procedure, a company may recover a 99% drawback of duties paid on imported merchandise, if, within three years, it exports “fungible” domestic or foreign merchandise. 3. In both cases Drawback is permitted if exported within 3 years at the rate of 99% of the duties paid at import. Unused Merchandise Drawback: Drawback on imported materials or finished products exported in essentially the same condition.This provision allows for an extensive list of incidental operations, such as testing, cleaning, and painting. Here is the exact language of the law: (b)Substitution for drawback purposes(1)In generalIf imported duty-paid merchandise or merchandise classifiable under the same 8-digit HTS subheading number as such imported merchandise is used in the manufacture or production of articles within a period not to exceed 5 years from the date of importation of such imported merchandise, there shall be allowed upon the exportation, or destruction under customs supervision, of any such articles, notwithstanding the fact that none of the imported merchandise may actually have been used in the manufacture or production of the exported or destroyed articles, an amount calculated pursuant to regulations prescribed by the Secretary of the Treasury under subsection (l), but only if those articles have not been used prior to such exportation or destruction. (3) Federal excise tax. Determination of HTSUS classification for substituted merchandise. 1313(j)(2)), provides for drawback of duties, taxes, and fees paid on imported merchandise based on the export or destruction under CBP supervision of substituted merchandise (as defined in § 190.2, pursuant to 19 U.S.C. Unused Merchandise Drawback USC 1313 (j) A refund of duties on imported merchandise exported in essentially the “same condition”. In 1984, the concept of substitution was added for same condition drawback and exchange, or tradeoff, of domestic merchandise for imported §1313(j)(2). Products used in Manufacture at the part number level, Products used in Manufacture at the 8-digit HTS level. drawback claims • 1313(j)(2) substitution unused merchandise • 1313(b) manufacturing substitution • §190.51(a)(2)(ix) • The 10-digit HTSUS classification for the imported merchandise and would be applicable for the substitute merchandise along with the unit of measure must be reported ever more complicated. Here’s the exact language of … Copyright © 2020, J.M. For purposes of drawback of internal revenue tax imposed under Chapters 32, 38 (with the exception of Subchapter A of Chapter 38), 51, and 52 of the Internal Revenue Code of 1986, as amended (IRC), drawback granted on the export or destruction of substituted merchandise will be limited to the amount of taxes paid (and not returned by refund, credit, or drawback) on the substituted merchandise. (f) Designation by successor; 19 U.S.C. Drawback will be allowed on imported merchandise used to manufacture or produce articles that are exported or destroyed under CBP supervision within five years of importation B) Substitution Method claimant may file a claim for drawback on imported material even if it is not physically incorporated into the exported product. In instances in which assets and other business interests of a division, plant, or other business unit of a predecessor are transferred, the predecessor or successor must specify, and maintain supporting records to establish, the value of the drawback rights and the value of all other transferred property. J.M. The new rules ease the requirement for unused substitution drawbackby allowing a match to the 8-digit tariff classification (of the 10-digit classification) to the imported article. 1313(x)); or. (1) Exportation. L. 114–125, § 906(j)(1), substituted “A drawback entry shall be filed or applied for, as applicable, not later than 5 years after the date on which merchandise on which drawback is claimed was imported.” for “A drawback entry and all documents necessary to complete a drawback claim, including those issued by the Customs Service, shall be filed or applied for, as applicable, within 3 years after the date of … Rodgers Co., Inc is a 3rd generation, family owned corporation that has redefined the role of a service provider for companies that demand more than “formula” service that others provide. Under this procedure, a company may recover a 99% drawback of duties paid on imported merchandise, if, within three years, it exports “fungible” domestic or foreign merchandise. To simplify the drawback process for this article, I will be using a pen as my claimable merchandise to walk through the different types of drawback. (c) Determination of HTSUS classification for substituted merchandise. Unused Merchandise Substitute Drawback Ruling Request. In particular, byzantine timeframes establishing dates of receipt and consumption of raw materials and production of finished articles for Manufacturing Substitution drawback are eliminated, finished, and done. Bills of Material must contain the HTS numbers for ALL components used in manufacture, 99% of the lesser of the amount of duties, taxes and fees paid with respect to the imported components and the amount of duties, taxes and fees paid that would apply to the components if the components were imported, Claim attachments identify part number and quantity used in manufacture, Claim attachments identify merchandise used in manufacture by 8 digit HTS number. 1313(j)(3)(B), on the substituted merchandise is not a use of that merchandise for purposes of this section. However, if the 8-digit classification starts with “other”, then the matching will be based on 10-digit HTS classification. Substitution Same Condition/Unused Merchandise Drawback: Additionally, the exported and imported merchandise must be commercially interchangeable in the case of unused substitution drawback and of the same kind and quality in the case of manufacturing drawback. If imported merchandise is exported or destroyed under customs supervision within 5 years of import without being used inside the United States, then drawback is available. 1313(j)(2)), before the close of the 5-year period beginning on the date of importation of the imported merchandise and before the drawback claim is filed, and before such exportation or destruction the substituted merchandise is not used in the United States (see paragraph (e) of this section) and is in the possession of the party claiming drawback. (3) Required certification. NAFTA will affect each of these types of drawback in different ways. (iv) Review by CBP. For purposes of drawback of internal revenue tax imposed under Chapters 32, 38 (with the exception of Subchapter A of Chapter 38), 51, and 52 of the Internal Revenue Code of 1986, as amended (IRC), drawback granted on the export or destruction of substituted merchandise will be limited to the amount of taxes paid (and not returned by refund, credit, or drawback) on the substituted merchandise. In substitution manufacturing drawback, any other merchandise, whether imported or domestic, of the same kind and quality as the imported merchandise, may be substituted for the imported merchandise. Drawback is granted when a company exports or destroys the goods made from the imported merchandise, the substituted goods or articles, or some combination of the two. It then ships the motors to an assembly factory in Greenville, SC where it also maintains an inventory of domestically produced motors of “same kind and quality” as the imported motors. Recent Court of International Trade findings have held that for drawback 1313(j)(2). The predecessor or successor must certify that the predecessor has not designated and will not designate, nor enable any other person to designate, the imported and/or substituted merchandise as the basis for drawback. There are two options for claiming Unused Merchandise – Direct Identification under 19 U.S.C. (a) General. In 1980, drawback was permitted on the exportation of imported merchandise if the condition of the merchandise was unchanged and it was not used in the U.S. 1313(j)(2), the total amount of drawback allowable will not exceed 99 percent of the duties, taxes, and fees paid with respect to the imported merchandise, without regard to the limitations in paragraph (b)(1) or (b)(2) of this section. The amount of duties, taxes, and fees eligible for drawback is determined by per unit averaging, as defined in 19 CFR 190.2, for any drawback claim based on 19 U.S.C. The designated import must fall within the three-year period prior to the export date. For purposes of substitution unused merchandise drawback, 19 U.S.C. 1313(s), a drawback successor as defined in paragraph (f)(2) of this section may designate either of the following as the basis for drawback on merchandise possessed by the successor after the date of succession: (i) Imported merchandise which the predecessor, before the date of succession, imported; or. As such, Umbrella can claim drawback equal to 99% of the original duties paid to US customs on the imported motors, calculated as 0.99 x $500 = $495.00. Drawback is granted when a company exports or destroys the goods made from the imported merchandise, the substituted goods or articles, or some combination of the two. Umbrella Widget Corporation imports 1000 motors and pays US customs duties of $1000 (in this case, $1 per motor imported). Substitution Same Condition/Unused Merchandise Drawback: This drawback is also another amendment, from 1984, that allows “fungible” goods (items considered mutually interchangeable) to be exported to recoup taxes and duties. Unused Merchandise Drawback . Section 1313(b)]. Claimants under manufacturing drawback may, if approved, file retroactively, provided that the drawback claims are filed within three years of the date of export. Regardless, Umbrella is still entitled to 99% of the duties pain on the imported motors just the same as if the motors had been used to manufacture the 500 dishwashers that were exported to foreign markets. Essentially any value-added process short of a manufacturer, as defined above, is allowable under unused merchandise drawback. J1: Direct Identification J2: Substitution Lot Number, Serial Number, or Drawback Accounting Method Match like Merchandise within time frames. (2) Allowable refund. In this case, import duty can be recovered when other unused material substitutes the imported goods and is exported. For unused merchandise substitution drawback, proof the merchandise was commercially interchangeable • Product specifications, engineering reports, quality oriented standards, e.g. Unused merchandise drawback can be claimed under the direct identification provision of 19 U.S.C. Prior to exportation Customs must be advised of an export shipment in order to afford them the opportunity to examine the export shipment. Rodgers Co. Inc specializes in customs brokerage, duty drawback, freight forwarding and freight management with a focus on high-tech and high-touch solutions. Drawback not allowed Direct Identification Substitution Determination of commercially interchangable. Substitution Same Condition/Unused Merchandise Drawback In 1984, Congress again amended the drawback law to provide for “substitution” same condition drawback. Description of the business relationships between the parties involved in the import and Substitution Same Condition/Unused Merchandise Drawback In 1984, Congress again amended the drawback law to provide for “substitution” same condition drawback. The predecessor or successor must certify that the successor is in possession of the predecessor's records which are necessary to establish the right to drawback under the law and regulations with respect to the imported and/or substituted merchandise. Description of the business relationships between the parties involved in the import and Figure 5: Example of Substitution Unused Merchandise Drawback upon Exportation 9 Figure 6: Example of Rejected Merchandise Drawback 10 Figure 7: Timeline of Selected Changes to the Drawback Program 12 Figure 8: Example of Change in Drawback Eligibility for Substituted Underwear 19 Figure 9: Example of Basket Provision in Harmonized Tariff 1313(j) (2). For purposes of drawback of internal revenue tax imposed under Chapters 32, 38, 51, and 52 of the Internal Revenue Code of 1986, as amended (IRC), drawback granted on the export or destruction of substituted merchandise will be limited to the amount of taxes paid (and not returned by refund, credit, or drawback) on the substituted merchandise. Unused Merchandise Substitution Drawback When unused material, which is commercially interchangeable with the imported duty-paid material, is exported, U.S. import duty may be recovered. •USMCA adopts TFTEA substitution standards when drawback is permitted (e.g. Unused; Manufacturing; NAFTA/USMCA; Duty drawback tracking methodologies. (i) Records of predecessor. This application is called a “Commercial Interchangeability Determination” (CID). (ii) Imported and/or substituted merchandise that was transferred to the predecessor from the person who imported and paid duty on the imported merchandise. Substitution Manufacturing Drawback: U.S. import duty may be recovered when imported duty-paid, duty-free or domestic material of the same kind and quality as the imported duty-paid designated material is used to produce the exported product. For any drawback claim for wine (as defined in § 190.2) based on 19 U.S.C. When the basis for substitution for wine drawback claims under 19 U.S.C. Claimants under manufacturing drawback may, if approved, file retroactively, provided that the drawback claims are filed within three years of the date of export. Section 190.32. Duty drawback – Introduction to duty drawback and the importance of the program; 301 Tariffs – 301 tariffs on goods from China, Europe, and possibly Vietnam; Types of duty drawback programs. In substitution manufacturing drawback, any other merchandise, whether imported or domestic, of the same kind and quality as the imported merchandise, may be substituted for the imported merchandise. 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