Third Party Drawback Explained
Third Party Drawback allow for the transfer of claimant rights when the importer and exporter of record are not the same company. For example, when a company purchases merchandise domestically from a vendor who imported it duty paid, or a company sells duty paid merchandise domestically to a customer who then exports it.
Here’s an Example of Third Party Drawback
Incoterms Play a Role in Duty Drawback For Companies Purchasing Domestic Duty Paid Merchandise or Selling Imported Duty Paid Merchandise to Domestic Customers Who then Export
Exporter purchases duty paid merchandise from a vendor in the United States.
Merchandise delivered duty paid to a customer in the United States. Drawback rights can be transferred to the customer who can then claim drawback on their exported merchandise.
Importer sells to a customer in the United States who then exports the merchandise.
Duty paid merchandise sold to a customer in the United States. Drawback rights can be transferred to the vendor who can then claim drawback using the customer’s exported merchandise.
The Regulatory Language of Third Party Drawback
§ 190.10 Transfer of merchandise.
(a) Ability to transfer merchandise.
(1) A party may transfer drawback eligible merchandise or articles to another party, provided that the transferring party:
(i) Imports and pays duties, taxes, and/or fees on such imported merchandise;
(ii) Receives such imported merchandise;
(iii) In the case of 19 U.S.C. 1313(j)(2), receives such imported merchandise, substituted merchandise, or any combination of such imported and substituted merchandise; or
(iv) Receives an article manufactured or produced under 19 U.S.C. 1313(a) and/or (b).
(2) The transferring party must maintain records that:
(i) Document the transfer of that merchandise or article;
(ii) Identify such merchandise or article as being that to which a potential right to drawback exists; and
(iii) Assign such right to the transferee (see § 190.82).
(b) Required records. The records that support the transfer must include the following information:
(1) The party to whom the merchandise or articles are delivered;
(2) Date of physical delivery;
(3) Import entry number and entry line item number;
(4) Quantity delivered and, for substitution claims, total quantity attributable to the relevant import entry line item number;
(5) Total duties, taxes, and fees paid on, or attributable to, the delivered merchandise, and, for substitution claims, total duties, taxes, and fees paid on, or attributable to, the relevant import entry line item number;
(6) Date of importation;
(7) Port where import entry filed;
(8) Person from whom received;
(9) Description of the merchandise delivered;
(10) The 10-digit HTSUS classification for the designated imported merchandise (such HTSUS number must be from the entry summary line item and other entry documentation for the merchandise); and
(11) If the merchandise transferred is substituted for the designated imported merchandise under 19 U.S.C. 1313(j)(2), the 10-digit HTSUS classification of the substituted merchandise (as if it had been imported).
(c) Line item designation for partial transfers of merchandise. Regardless of any agreement between the transferor and the transferee, the method used for the first filed claim relating to merchandise reported on that entry summary line item will be the exclusive basis for the calculation of refunds (either using per unit averaging or not) for any subsequent claims for any other merchandise reported on that same entry summary line item. See § 190.51(a)(3).
(d) Retention period. The records listed in paragraph (b) of this section must be retained by the issuing party for 3 years from the date of liquidation of the related claim or longer period if required by law (see 19 U.S.C. 1508(c)(3)).
(e) Submission to CBP. If the records required under paragraph (b) of this section or additional records requested by CBP are not provided by the claimant upon request by CBP, the part of the drawback claim dependent on those records will be denied.
(f) Warehouse transfer and withdrawals. The person in whose name merchandise is withdrawn from a bonded warehouse will be considered the importer for drawback purposes. No records are required to document prior transfers of merchandise while in a bonded warehouse.
19 CFR Part 190 – Modernized Drawback”https://www.ecfr.gov/current/title-19/chapter-I/part-190
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