Clarification of Policy on Amending Waiver of Prior Notice Privileges
This message is to
clarify the recent policy changes for amending waivers of prior notice (see also CSMS 13-000172). The CBP regulations under 19 CFR 191.36 provide for a claimant to request a one-time retroactive waiver (OTW) or a prospective waiver of prior notice (WPN) for drawback under 19 USC 1313(j). Approved waivers covering a specific type of 1313(j) drawback may be amended to include goods covered by another 1313(j) drawback type, as long as the exports are still within the allowable statutory timeframe. The existing approval will be updated to include the additional 1313(j) type and will apply to drawback claims that meet the statutory timeframes. The following example is to illustrate a possible scenario:
1. CBP approves Company A for a one-time retroactive waiver and waiver of prior notice (prospective waiver) on January 1, 2010, for drawback under 19 USC 1313(j)(1). The retroactive waiver applies to claims for exports prior to January 1, 2010.
2. Company A adds a new product line on which they decide to claim unused substitution drawback, 19 USC 1313(j)(2).
3. On November 1, 2012, Company A amends its existing retroactive and prospective waivers of prior notice (approved on 1/1/10) to include 1313(j)(2), and CBP approves the amendment on December 19, 2012.
4. Company A is ready to file a claim on December 27, 2012. It may now file a drawback claim for qualifying exports back to December 27, 2009 for the 1313(j)(2) claim it is ready to file.
Please note the following additional points:
• The amendment policy changes were intended to apply to both WPN and OTW. Amendments to a retroactive waiver should be accepted, as long as the claimant can show that s/he has the appropriate documentation to support the exports.
• The amendment will be deemed effective on the date of the original approval.
• Once the claimant files the amendment, filing of the notice of intent to export or destroy (CBP Form 7553) is not required for those products covered by the amendment.
• Claimants must comply with the three-year statutory time period for exports; claims cannot be filed on exports exceeding that time period.
If you have questions regarding this message, please contact, Laurie Dempsey, Chief, Entry, Summary, and Drawback at firstname.lastname@example.org.