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Duty drawback program Form: What You Should Know

You qualify for a drawback, as determined by the U. S. Customs and Border Protection (CBP), under the Trade Incentives Program. Customs Duty Quota: Duties subject to drawback are set by statute (28 C.F.R. Section 1.711 (a)(19)) as a percentage of that tax under 28 C.F.R Section 32(a)(8) and 31 U.S.C. Section 1324b(i)(2) ... ... ... .... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1.2 General Requirements: (a) Qualification for a drawback, as per 26 CFR 1.711 (a)(19), should be a matter of record and/or should be a matter of public record. (b) The claimant (in this case, exporter/importer) must have received at least 10 days “goods and merchandise” from the importer. If the product was not “goods and merchandise”, then the duty rate is either 20% of actual duty, or the rate at which the product was first imported into the U.S. (d) The claim must be filed with the United States Department of Commerce, Taxpayer Advocate Services, and should contain the following information: (i) The name and address of the owner and/or receiver of the product(s); (ii) The date and place of origin of the product(s); and (iii) A statement of the nature of the goods or merchandise and the nature and quantity of the duties that would have been paid under an appropriate classification under §101.11 (d)(3) if the product had been “goods and merchandise”. (e) The drawback will be issued in the same form used to file for a duty drawback. (f) The claimant will receive a statement that details the number of gallons of distilled spirits or wine in the product(s) that were imported on goods and merchandise. (g) The drawback will be credited and paid on a quarterly basis as of 60 days from the date on which the last of the goods and merchandise were received by the claimant or the importer.

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