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Drawback Privileges

Accelerated Payment Procedure

Duty drawback claims filed with Customs are normally paid to the claimant when a "final liquidation" occurs. This process can take upwards of one to two years (or longer) after the claim has been filed.

To assist in speeding up the recovery timeline, companies can apply to participate in the Accelerated Payment program. Once approved, duty refunds will occur in approximately three to four weeks from date of claim filing. Claimants are required to secure a drawback bond in an amount equal to or greater than the value of the drawback claim. In essence, Custom is advancing a drawback claimant their duty recovery and requires bonding to safeguard the "advance" until final liquidation occurs.

To be eligible to participate in this program, claimants must be able to demonstrate, via the application, that it maintains procedures and controls to ensure:

• Compliance with statutory and regulatory requirements
• An annual review of the program
• Notification to Customs of any changes to the program, variances from the procedures described in the application, and violations of the statutory and regulatory drawback requirements.

Waiver of Prior Notice

Companies that re-export their goods "unused" or in the "same condition" as when imported, must provide Customs with prior notice of their intent to export. Once notified, Customs may, at their discretion, physically examine the merchandise to both validate piece count and ensure the goods to be exported are the same goods that were originally imported.

Because drawback examinations often lead to delayed shipments and additional storage costs, many claimants will apply for a waiver of the prior notice requirement. Once a waiver is obtained, the claimant can export its goods at will and without notice to Customs. It then has up to three years after the date of exportation to file a drawback claim.

"One-Time" Waiver of Prior Notice

For those companies that wish to claim drawback on historical exports where prior notice was not given, Customs will allow a claimant to reach back, on a one-time basis only, and claim drawback on any eligible export that is up to three years old. An application for a "one-time waiver " must be submitted to and approved by Customs before filing on historical exports.