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Drawback

Coins being inspected by import specialist

Drawback is the refund of certain duties, internal revenue taxes and certain fees collected upon the importation of goods and refunded when the merchandise is exported or destroyed. Please refer to 19 CFR 190.

Drawback Information and Updates

 

Latest Drawback Updates

Important Drawback CSMS

CSMS #43227909: Drawback: USMCA Interim Guidance

Drawback Webinar Posted

ACE Entry Summary Business Rules and Process Document

What's New in Drawback?

New Component Part Ruling Posted, CBP Dec. 20-07

 

Important Policy Updates

Regulatory Changes to Drawback

CBP regulations changes were made to 19 CFR 190 (including Appendices), revising 19 CFR Part 181 and 191 in accordance with TFTEA requirements 19 U.S.C. 1313, as amended) and with prior statutory changes (where regulations had not been updated already). These changes streamline procedures and requirements/minor technical updates.

Updates

  • Drawback section of the ACE Business Rules and Process Document recently updated and posted to CBP.gov
  • Drawback CATAIR recently updated and posted to CBP.gov
  • The newly revised CBP Form 7553 has been posted to CBP.gov
  • March 2020 Drawback Webinar posted in the "Drawback in ACE References" tab
  • "CBP Form 7553 Instructions" tab added to this page for guidance.
  • The new component part ruling posted, CBP Dec. 20-07 (HQ H305255) to the "Hot Topics" tab

Important CSMS Messages

Technical Updates

Certain Cargo Systems Messaging Service correspondence (e.g., 12-00546 and 13-000476)  may be of some assistance to those participating in drawback.

Cargo Systems Messaging Service Webpage Update

Cargo Systems Messaging Service - Discontinued webpage

New Cargo Systems Messaging Service Webpage

First Time Filer

The final rule implementing TFTEA Modernized Drawback was published on December 18, 2018.

February 24, 2019 and onward, all drawback claims must be filed electronically in ACE and pursuant to TFTEA legislation (19 CFR 190).

First Time Drawback Filer Reminders

After February 22, 2019, paper drawback claims are no longer accepted.  All drawback claims must be filed electronically in ACE and in accordance with the Trade Facilitation Trade Enforcement Act of 2015 (TFTEA) (Pub. L. 114–125, 130 Stat. 122).  

Companies that are not automated have several options for filing electronic drawback claims: 

  1. Hire a licensed customs broker to file a claim on your behalf:  Find a Broker by Port  
  2. Self-file your claims through a service bureau, which provides both the software and the communications connection to the CBP Data Center.  See this link for a list of service bureaus and other certified ABI software vendors: ABI Software Vendors List
  3. Establish your own communications connection to the CBP Data Center in order to self-file your claims. There is more information about this process at the following link:  Transmitting Data CBP Electronic Data Interchange. Note that this process will take 3-6 months to complete.  

Please reach out to your assigned CBP client representative for more information.  If you do not have an assigned client representative, send an email to clientrepoutreach@cbp.dhs.gov

For guidance related to drawback claim transmission, please reference the following links:

Direct questions regarding this update to OTDRAWBACK@cbp.dhs.gov.

Drawback in ACE References 

Publications and Forms

CBP Form 7553

CBP Form 7553

Please note that this form must be submitted to the CBP Officers at the port of examination, which for exported merchandise is usually the port of export, and for destructions, usually the port where the merchandise is located.

 

Instructions

This form must be presented to CBP prior to any action taken by the company regarding exportation or destruction. The form will be returned to the company, indicating CBP's decisions on examination, destruction or waiver (indicating that CBP has made a determination not to examine the merchandise prior to export or witness the destruction). After this form is returned by CBP, it should be uploaded as an attachment to the company's drawback claim in Digital Image System (DIS), along with proof of exportation or destruction, and submitted for acceptance in Automated Commercial Environment (ACE). This form is a required document that must be provided to CBP within 24 hours of the filing of the drawback claim in order to fulfill the complete claim requirements (if the claimant does not have one-time waiver (OTW) or waiver of prior notice (WPN) privileges).


Time requirements for the different types of drawback are provided below:

Unused merchandise drawback (1313(j)(1)) - Imported merchandise that has not been used in the U.S., or has undergone an operation(s) or combination of operations that does not amount to a manufactured or produced article, as provided under the provisions of the manufacturing drawback law. Export/destroyed merchandise must be the same article that was imported into the U.S. The CBP Form 7553 must be submitted to CBP 5 working days prior to exportation, or 7 working days prior to destruction.


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.” If the imported merchandise 8-digit HTS is described as “other,” substitution is allowed if both the import and substituted merchandise 10-digit classification is the same and not described as “other.” The exported/destroyed merchandise may be substituted merchandise that is classified under the same 8-digit HTS as the imported merchandise and has not been used in the U.S. No exports to Canada or Mexico allowed. (The CBP Form 7553 must be submitted to CBP 5 working days prior to exportation, or 7 working days prior to destruction). Please note that petroleum under 19 U.S.C. 1313(p) and wine under the alternate rule (19 U.S.C. 190.32(d)) are exceptions to the general 1313(j)(2) unused substitution standards.


Same condition drawback under NAFTA

Exported merchandise to Canada or Mexico must be in the same condition as defined in 19 CFR 181.45(b)(1). (The CBP Form 7553 must be submitted to CBP 5 working days prior to export, or 7 working days prior to destruction).


Manufacturing drawback

The manufactured article that is to be destroyed must contain imported or substituted merchandise under the drawback provisions and was not used in the U.S. (The CBP Form 7553 must be submitted to CBP 7 working days prior to destruction).


Rejected merchandise drawback

Check the box that accurately reflects why the imported article(s) are rejected. (The CBP Form 7553 must be submitted 5 working days prior to exportation or 7 working days prior to destruction).


Distilled spirits, wine or beer

Check this box if imported distilled spirits, wine or beer, are to be exported or destroyed under CBP supervision. They must be un-merchantable or not conform to sample/specifications (26 U.S.C. 5062(c)). This provision provides a 100% refund of Internal Revenue taxes only. (The CBP Form 7553 must be submitted 5 working days prior to exportation or 7 working days prior to destruction).

Please note the continuation sheet shall be used when additional space is needed for fields 15 through 19 on the form.

Drawback: A Refund of Certain Exports

Chilean Free Trade Agreement

Drawback Claims Filed on Goods Subject to Chile Free Trade Agreement

Chile Drawback and Duty Deferral Program

Purpose

The purpose of the Chile FTA Drawback and Duty Deferral Program is to limit the refund of duties due on materials used to produce goods that are subsequently exported to Chile. The Chile FTA Drawback and Duty Deferral Program reduce the amount of duties that can be refunded as follows:

 YearRefundable %
12004 - 2011100%
2201275%
3201350%
4201425%
52015 and thereafter0%

References

Chile drawback is patterned after NAFTA drawback. Information on NAFTA drawback is available on the NAFTA Drawback and Duty Deferral Page.

Electronic Drawback Submissions

According to Title 19 of the Code of Federal Regulations at section 111.2(b)(2)(D)(ii) “[a] broker granted a permit for one district may file drawback claims manually or electronically at the drawback office that has been designated by Customs for the purpose of filing those claims, and may represent his client before that office in matters concerning those claims, even though the broker does not have a permit for the district in which that drawback office is located.”

A licensed Customs broker in possession of a valid national permit may file drawback claims at any of the (4) drawback offices (Chicago, Houston, New York, and San Francisco) regardless of the district in which the filer (e.g., Customs broker) is permitted. The drawback claim is submitted directly to the drawback office and not through the port of entry.

​​​​​​​Merchandise Processing Fee

Section 301/201 Trade Remedies

Special Privilege Application Template

New Class Codes

  • New Class Codes: there are two new class codes for Drawback, 674 (oil spills tax) and 675 (domestic paid tax).

Questions related to drawback? Please contact the following:

Technical drawback questions: Client Representative. If you do not have an assigned client representative, send an email to: clientrepoutreach@cbp.dhs.gov

Policy drawback questions: OTDRAWBACK@cbp.dhs.gov

Specific drawback claim and/or privilege application questions: Contact Drawback Specialist and/or one of the four Drawback Offices

Specific HQ Rulings: hqdrawback@cbp.dhs.gov