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. 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. (f) Designation by successor; 19 U.S.C. 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. Unused merchandise drawback is outlined in subsection (j) of the drawback law 19 U.S.C. Currently, for Unused Merchandise Substitution Drawback, a drawback claimant is required to prepare and file with Customs an application for this type of drawback. At the same factory, there are also duty-free motors that were manufactured in the Caribbean. 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. 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. 3. Even if you don’t do both, you may still be able to qualify as long as but importing and exporting happen along your supply chain. Unused; Manufacturing; NAFTA/USMCA; Duty drawback tracking methodologies. (ii) The claimant provides a certification, as part of the complete claim (see 190.51(a)), stating that: (A) The imported wine and the exported wine are a Class 1 grape wine (as defined in 27 CFR 4.21(a)(1)) of the same color (i.e., red, white, or rosé); (B) The imported wine and the exported wine are table wines (as defined in 27 CFR 4.21(a)(2)) and the alcoholic content does not exceed 14 percent by volume; and. (C) The price variation between the imported wine and the exported wine does not exceed 50 percent. Electronic Code of Federal Regulations (e-CFR), Chapter I. U.S. CUSTOMS AND BORDER PROTECTION, DEPARTMENT OF HOMELAND SECURITY; DEPARTMENT OF THE TREASURY. 1313(x)). As a result, significantly more products will be eligible for unused substitution drawback. (ii) The amount of duties, taxes, and fees that would apply to the exported article if the exported article were imported. ... Claims on MPF and HMF will be available for manufacturing drawback in addition to unused drawback. Description of the business relationships between the parties involved in the import and There are two options for claiming Unused Merchandise – Direct Identification under 19 U.S.C. JM Rodgers specializes in many types of duty drawback, one of which is manufacturing substitution drawback. 1313(j) (2). Substitution same condition drawback/unused merchandise drawback [19 U.S.C. Recent Court of International Trade findings have held that for drawback 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 This application is called a “Commercial Interchangeability Determination” (CID). 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. § 190.32 Substitution unused merchandise drawback. Products used in Manufacture at the part number level, Products used in Manufacture at the 8-digit HTS level. Even if you don’t do both, you may still be able to qualify as long as. 1313(j)(2). Drawback not allowed Direct Identification Substitution Determination of commercially interchangable. 4. 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. Copyright © 2020, J.M. §1313(j)(2). LAW AND ANALYSIS: Substitution, unused merchandise drawback is provided by 19 U.S.C. 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. 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.” 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. It is possible that the dishwashers contain all domestically produced motors of the same “kind and quality as the imported motors, or Umbrella cannot tell which motors were installed into dishwashers due to their manufacturing and inventory process. 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. 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. Section 1313(b)]. J1: Direct Identification J2: Substitution Lot Number, Serial Number, or Drawback Accounting Method Match like Merchandise within time frames. (a) General. In this case, import duty can be recovered when other unused material substitutes the imported goods and is exported. With the passage of the NAFTA on December 8, 1993, unused merchandise, substitution drawback was prohibited on all exports to Canada and Mexico. In both cases Drawback is permitted if exported within 3 years at the rate of 99% of the duties paid at import. Substitution Same Condition/Unused Merchandise Drawback In 1984, Congress again amended the drawback law to provide for “substitution” same condition drawback. Claimants under manufacturing drawback may, if approved, file retroactively, provided that the drawback claims are filed within three years of the date of export. 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. 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. §1313(j)(1) or Substitution under 19 U.S.C. 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. 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. § 190.32 Substitution unused merchandise drawback. (iv) Review by CBP. 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. NAFTA’S Drawback Provisions 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 … 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. (1) Alternative substitution standard. J1: Direct Identification J2: Substitution Lot Number, Serial Number, or Drawback Accounting Method Match like Merchandise within time frames. 1313 (j). 1313(j)(1) or under the substitution provision under 19 U.S.C. Formal ruling obtained Unused; Substitution; Time limits for Statute of Limitation 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. Umbrella then manufactures and assembles 1000 dishwashers with a single motor in each one and exports 500 of them to customers in foreign markets. Unused Merchandise Substitute Drawback Ruling Request. Unused Merchandise Drawback USC 1313 (j) A refund of duties on imported merchandise exported in essentially the “same condition”. (1) General rule. There are other forms of Drawbacks available under this section: Successorship 1313 (s) (c) Determination of HTSUS classification for substituted merchandise. Drawback not allowed Yes Yes Has substituted merchandise been used in the United States? 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. Umbrella Widget Corporation imports 1000 motors and pays US customs duties of $1000 (in this case, $1 per motor imported). The performing of any operation or combination of operations, not amounting to manufacture or production as provided for in 19 U.S.C. substitution under the same 8-digit subheading of the HTSUS rather than “same kind and quality” substitution for manufacturing drawback). Note: Unused substitution drawback (under 1313(j)(2)) on exports to Canada or Mexico is not available. For any drawback claim for wine (as defined in § 190.2) based on 19 U.S.C. Requests for binding rulings on the classification of imported, substituted, or exported merchandise may be submitted to CBP pursuant to the procedures set forth in part 177. 4. NAFTA will affect each of these types of drawback in different ways. prev | next. (ii) The assets and other business interests of a division, plant, or other business unit of such predecessor, but only if in such transfer the value of the transferred realty, personalty, and intangibles (other than drawback rights, inchoate or otherwise) exceeds the value of all transferred drawback rights, inchoate or otherwise. Section 190.32. open/close. J.M. Unused merchandise, substitution drawback may be allowed upon the exportation or destruction under 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) Federal excise tax. ever more complicated. Others goods enter and go unused, are rejected, or are transformed through a manufacturing process--these goods, or substitute goods, are then often exported. Unused merchandise drawback can be claimed under the direct identification provision of 19 U.S.C. Additional information required for drawback compliance program: 20. Rodgers Co, Inc. | Site By, 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 . Upon compliance with the requirements of this section and under 19 U.S.C. •USMCA adopts TFTEA substitution standards when drawback is permitted (e.g. Description of the business relationships between the parties involved in the import and (1) Exportation. This is true even when none of the designated merchandise may have been used to produce the exported articles. 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. 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. 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. (ii) Imported and/or substituted merchandise that was transferred to the predecessor from the person who imported and paid duty on the imported merchandise. 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. Operations performed on substituted merchandise. (a) General. This simplified timeframe replaces a variety of timeframes for Unused Merchandise, Manufacturing, and Rejected Merchandise Drawback. standards established by industry wide organizations. In the case of an article that is exported, 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; or. 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. Here’s the exact language of … (2) Drawback successor. 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. Note: Unused substitution drawback (under 1313(j)(2)) on exports to Canada or Mexico is not available. Unused Merchandise Drawback. Therefore, this provision may only be used where there are exports to non-NAFTA countries. For unused merchandise substitution drawback, proof the merchandise was commercially interchangeable • Product specifications, engineering reports, quality oriented standards, e.g. Substitution Same Condition/Unused Merchandise Drawback: NAFTA will affect each of these types of drawback in different ways. 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. (a) General. (3) Certifications and required evidence -. 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. 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. 190.32 Substitution unused merchandise drawback. 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. Substitution unused merchandise drawback. 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. As a result, significantly more products will be eligible for unused substitution drawback. Rodgers Co. Inc specializes in customs brokerage, duty drawback, freight forwarding and freight management with a focus on high-tech and high-touch solutions. 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. 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. (ii) The amount of duties, taxes, and fees that would apply to the destroyed article if the destroyed article had been imported (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. Section 313 (j) (2) of the Act, as amended ( 19 U.S.C. List of Recommended Items Needed for Substitution Drawback Application . Unused Merchandise Drawback USC 1313 (j) A refund of duties on imported merchandise exported in essentially the “same condition”. but importing and exporting happen along your supply chain. 1313(j)(2) are still ineligible for drawback under NAFTA and USMCA. NAFTA’S Drawback Provisions 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. J.M. HQ H174276; Jul 03, 2012 ; Type : Drawback • HTSUS : Related: 228580; H048135; H122535; H090065; H030097; H074002; H106515 OT:RR:CTF:ER H174276 PTM J.W. For purposes of substitution unused merchandise drawback, 19 U.S.C. Drawback claims will be matched based on 8-digit HTS substitution rather than commercial interchangeability. Unused Duty Drawback No Operations may be performed on imported or substituted merchandise not amounting to manufacture or production. 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. 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. 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 … (2) Destruction. 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. Substitution same condition drawback/unused merchandise drawback [19 U.S.C. 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 (3) Required certification. Substitution Unused Merchandise Drawback (19 U.S.C. Essentially any value-added process short of a manufacturer, as defined above, is allowable under unused merchandise drawback. Unused Merchandise Drawback . Note: Claims under unused substitution drawback, 19 U.S.C. Section 1313(j)(2)] is a 99% refund of duties paid on imported goods when other “commercially interchangeable” domestic or foreign goods are exported. Prior to exportation Customs must be advised of an export shipment in order to afford them the opportunity to examine the export shipment. 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. 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. 1313(s) -. When the basis for substitution for wine drawback claims under 19 U.S.C. 1313(j)(3)(B), on the substituted merchandise is not a use of that merchandise for purposes of this section. 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 . 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. One set of import and export documents … Additionally, the total drawback may not be greater than the 99% paid on the original imported motors, even if they produced more than 500 dishwashers. 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. 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. The written agreement, merger, or corporate resolution, provided for in paragraph (f)(2) of this section, and the records and evidence provided for in paragraph (f)(3)(i) through (iii) of this section, must be retained by the appropriate party(s) for 3 years from the date of liquidation of the related claim and are subject to review by CBP upon request. 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