Sec. 402. Drawback simplification

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Section 313 of the Tariff Act of 1930 ( 19 U.S.C. 1313 ) is amended to read as follows: In this section: The terms bill of materials and formula mean records kept in the ordinary course of business that identify each component incorporated into merchandise or that identify the quantity of each element, material, chemical, mixture, or other substance incorporated into merchandise. The term Commissioner means the Commissioner of U.S. Customs and Border Protection. The term destroyed merchandise means merchandise that has undergone destruction.

The term destruction means a process by which merchandise loses all commercial value, other than the value of any material that may be recovered when the merchandise is destroyed. The term direct identification means the identification of merchandise that is exported or destroyed to claim drawback with respect to imported merchandise as the imported merchandise or merchandise into which the imported merchandise is incorporated using— the serial number or other unique identifier of the exported merchandise or destroyed merchandise and the imported merchandise; or such accounting methods as are provided for by regulation by the Commissioner.

The term directly means a transfer of merchandise from one person to another person without any intermediate transfer. The term fungible means, with respect to merchandise, merchandise that is interchangeable for commercial purposes with other merchandise and has properties that are essentially identical to the properties of the other merchandise. The term good subject to Chile FTA drawback has the meaning given that term in section 203(a) of the United States-Chile Free Trade Agreement Implementation Act (19 U.S.C. 3805 note).

The term good subject to NAFTA drawback has the meaning given that term in section 203(a) of the North American Free Trade Agreement Implementation Act ( 19 U.S.C. 3333(a) ). The term HTS means the Harmonized Tariff Schedule of the United States. The term incorporated means any operation by which merchandise becomes classifiable in a different 8-digit HTS subheading number. The term indirectly means a transfer of merchandise from one person to another person with one or more intermediate transfers.

The term line item , with respect to imported merchandise, means the identification, in an entry filed pursuant to section 484, of merchandise imported from one country by net quantity, entered value, 8-digit HTS subheading number, and applicable duties, taxes, and fees. The term line item , with respect to exported merchandise, means the identification of the merchandise by 8-digit HTS subheading number or Schedule B number, declared value, and quantity. The term NAFTA country has the meaning given that term in section 2 of the North American Free Trade Agreement Implementation Act ( 19 U.S.C. 3301 ).

The term Schedule B means the Department of Commerce Schedule B, Statistical Classification of Domestic and Foreign Commodities Exported from the United States. The term substitute merchandise means merchandise that is substituted for other merchandise for drawback purposes pursuant to subsection (g). The term vessel includes vessels, parts of vessels, aircraft, and parts of aircraft. A person described in subsection

(c)is eligible for drawback of duties, taxes, and fees imposed under Federal law paid on imported merchandise in an amount determined under subsection

(h)if— the imported merchandise meets the requirements of subsection (d); merchandise that meets the requirements of subsection

(e)is exported; or merchandise that meets the requirements of subsection

(f)is destroyed; and the person files a claim for drawback with respect to the imported merchandise in accordance with subsection (i). If a person claims drawback under paragraph

(1)with respect to imported merchandise based on exported merchandise or destroyed merchandise, the exported merchandise or destroyed merchandise (as the case may be) may not be the basis of any other claim for drawback, except that appropriate credit and deductions for claims covering components or ingredients of exported merchandise or destroyed merchandise shall be made in determining the amount of drawback under subsection (h). A person may claim drawback under this section if the person— imports the merchandise on which the claim is based; or obtains the authorization of the importer to claim the drawback; and exports or destroys the merchandise that was exported or destroyed to claim drawback with respect to the imported merchandise; or obtains the authorization of the exporter or the person that destroyed the merchandise (as the case may be) to claim drawback. Any person making a claim for drawback with respect to imported merchandise shall be liable for the full amount of the drawback claimed against the imported merchandise. An importer shall be liable for any drawback claim made by another person with respect to imported merchandise in an amount equal to the lesser of— the amount of duties, taxes, and fees that the person claimed with respect to the imported merchandise; or the amount of duties, taxes, and fees that the importer authorized the other person to claim with respect to the imported merchandise. Persons described in subparagraph

(A)and

(B)shall be jointly and severally liable for the amount described in subparagraph (B). The Secretary of the Treasury shall seek to recover the amount of the drawback from a person described in subparagraph

(A)before seeking recovery from an importer described in subparagraph (B). Imported merchandise meets the requirements of this subsection if— all applicable duties, taxes, and fees have been paid on the imported merchandise; and the imported merchandise is entered or withdrawn from warehouse for consumption. Exported merchandise meets the requirements of this subsection if the exported merchandise is— the imported merchandise; merchandise that is substituted for the imported merchandise pursuant to subsection (g); merchandise into which the imported merchandise or substitute merchandise is incorporated; or merchandise that is substituted, pursuant to subsection (g), for merchandise into which the imported merchandise or substitute merchandise is incorporated. For purposes of subparagraphs

(C)and

(D)of paragraph (1), imported merchandise or substitute merchandise is incorporated into other merchandise— if the bill of materials or formula for such other merchandise submitted with the claim for drawback under subsection

(i)includes the imported merchandise or substitute merchandise; and without regard to the number of times the imported merchandise or substitute merchandise is incorporated into such other merchandise. Destroyed merchandise meets the requirements of this subsection if— the merchandise is— the imported merchandise; merchandise that is substituted for the imported merchandise pursuant to subsection (g); merchandise into which the imported merchandise or substitute merchandise is incorporated; or merchandise that is substituted, pursuant to subsection (g), for merchandise into which the imported merchandise or substitute merchandise is incorporated; and the merchandise— is not exported because of its destruction; and was not used in the United States before its destruction. For purposes of paragraph (1)(B)(ii), merchandise is not used in the United States solely because the merchandise is— sold at retail by the importer or another person that received the merchandise from the importer under a certificate of delivery; and subsequently returned to and accepted by the importer or other person described in subparagraph (A). Except as provided in this subsection, merchandise may be substituted for other merchandise if it can be demonstrated that the merchandise was classifiable under the same 8-digit HTS subheading number as such other merchandise at some point during the 5-year period beginning on the date on which the merchandise was imported. The Schedule B number for merchandise may be used for purposes of determining under paragraph

(1)if the merchandise is or has been classified under the same 8-digit HTS subheading number as other merchandise, without regard to whether the Schedule B number encompasses more than one 8-digit HTS subheading number. Merchandise that is classifiable under any heading or subheading of the HTS specified in clause

(ii)may be substituted for other merchandise if the merchandise is classifiable under the same 8-digit HTS subheading number as the other merchandise under the HTS as in effect on January 1, 2000. A heading or subheading of the HTS specified in this clause is— any of headings 2707 through 2715, 2901, or 2902; any of headings 3901 through 3914 (as such headings apply to the primary forms provided under Note 6 to chapter 39 of the HTS); or subheading 2903.21.00, 2909.19.14, 2917.36, 2917.39.04, 2917.39.15, 2926.10.00, 3811.21.00, or 3811.90.00. Merchandise that is classifiable under subheading 2204.21.50, 2204.29.20, or 2204.29.60 of the HTS may be substituted for other merchandise that is classifiable under any such subheading. Merchandise that is classifiable under subheading 2204.21.80, 2204.29.40, or 2204.29.80 of the HTS may be substituted for other merchandise that is classifiable under any such subheading. Notwithstanding any other provision of law, in the case of any duty paid under subheading 9901.00.50 of the HTS on imports of ethyl alcohol or a mixture of ethyl alcohol, such duty may not be refunded if the exported merchandise upon which a drawback claim is based does not contain ethyl alcohol or a mixture of ethyl alcohol. If a person claims drawback with respect to imported merchandise based on the exportation of the imported merchandise or substitute merchandise, the amount of drawback paid pursuant to this section shall be equal to 99 percent of the product of— the number of units of the imported merchandise or substitute merchandise exported to claim drawback with respect to the imported merchandise, and the lesser of— the amount of duties, taxes, and fees paid with respect to the line item for the imported merchandise divided by the total number of units of the imported merchandise included in the line item, or the amount of duties, taxes, and fees that would apply to the exported merchandise if the exported merchandise were imported divided by the number of units of the exported merchandise. If a person claims drawback with respect to imported merchandise based on the destruction of the imported merchandise, merchandise into which the imported merchandise is incorporated, or merchandise substituted for merchandise into which the imported merchandise is incorporated, the amount of drawback paid pursuant to this section shall be equal to 99 percent of— the product of— the number of units of the imported merchandise destroyed to claim drawback with respect to the imported merchandise or incorporated into merchandise for which the destroyed merchandise is substituted, and the amount of duties, taxes, and fees paid with respect to the line item for the imported merchandise divided by the total number of units of the imported merchandise included in the line item, minus the value of any materials recovered during the destruction of the destroyed merchandise (including the value of any tax benefit or royalty payment with respect to such materials). If a person claims drawback with respect to imported merchandise based on the exportation of merchandise into which the imported merchandise or substitute merchandise is incorporated, or merchandise substituted for merchandise into which the imported merchandise or substitute merchandise is incorporated, the amount of drawback paid pursuant to this section shall be equal to 99 percent of the product of— the number of units of the imported merchandise or substitute merchandise incorporated into the exported merchandise or the merchandise for which the exported merchandise is substituted, and in the case of exported merchandise into which the imported merchandise is incorporated or exported merchandise substituted for merchandise into which the imported merchandise is incorporated, the amount of duties, taxes, and fees paid with respect to the line item for the imported merchandise divided by the number of units of the imported merchandise included in the line item, or in the case of exported merchandise into which substitute merchandise is incorporated or exported merchandise substituted for merchandise into which substitute merchandise is incorporated, the lesser of— the amount of duties, taxes, and fees paid with respect to the line item for the imported merchandise divided by the total number of units of the imported merchandise included in the line item, or the amount of duties, taxes, and fees that would apply to the substitute merchandise, if the substitute merchandise were imported, divided by the number of units of the substitute merchandise incorporated into the exported merchandise or the merchandise for which the exported merchandise is substituted. If a person claims drawback with respect to imported merchandise based on the destruction of substitute merchandise, merchandise into which substitute merchandise is incorporated, or merchandise substituted for merchandise into which substitute merchandise is incorporated, the amount of drawback paid pursuant to this section shall be equal to 99 percent of the lesser of— the amount of— duties, taxes, and fees that would apply to the substitute merchandise destroyed, incorporated into destroyed merchandise, or incorporated into merchandise for which the destroyed merchandise is substituted, if the substitute merchandise were imported, minus the value of any materials recovered during the destruction of the destroyed merchandise (including the value of any tax benefit or royalty payment with respect to such materials), or the amount of drawback the person could have claimed under paragraph

(2)if the person had destroyed the imported merchandise. The amount of duties, taxes, and fees that may be refunded as drawback with respect to imported merchandise pursuant to this subsection shall be reduced by the amount of any duties, taxes, and fees previously refunded to a person with respect to such merchandise. The requirements for filing a claim for drawback under this subsection are the following: The claim shall be filed electronically. The claim shall be filed not later than 5 years after the date— on which the merchandise with respect to which drawback is claimed is imported; or if the claim is based on merchandise imported on more than one date, the earliest date on which any such merchandise was imported. The claim shall include an identification of the merchandise with respect to which the claim is filed as follows: If drawback is claimed with respect to imported merchandise based on the exportation of merchandise, a demonstration that the exported merchandise meets the requirements of subsection

(e)using— the information contained in the line item for the imported merchandise and information contained in the line item for the exported merchandise; and in the case of imported merchandise or substitute merchandise incorporated into the exported merchandise or merchandise that is substituted for merchandise into which imported merchandise or substitute merchandise is incorporated, a bill of materials or formula identifying the imported merchandise or substitute merchandise and the exported merchandise by the 8-digit HTS subheading number and the quantity of the imported merchandise or substitute merchandise and the exported merchandise; or direct identification. If drawback is claimed with respect to imported merchandise based on the destruction of merchandise, an identification of the imported merchandise and the destroyed merchandise using— the information contained in the line item for the imported merchandise and information identifying the destroyed merchandise by 8-digit HTS subheading number and quantity; and in the case of imported merchandise or substitute merchandise incorporated into the destroyed merchandise or merchandise that is substituted for merchandise into which imported merchandise or substitute merchandise is incorporated, a bill of materials or formula identifying the imported merchandise or substitute merchandise and the destroyed merchandise by the 8-digit HTS subheading number and the quantity of the imported merchandise or substitute merchandise and the destroyed merchandise; or using direct identification. If drawback is claimed with respect to imported merchandise based on the exportation of merchandise, the claim shall include, as proof of exportation, one of the following: The record of exportation entered in the automated export system of the United States Government or, if the exporter is unable to use that system, information similar to the information contained in such a record that is kept by the exporter in the ordinary course of business. In the case of a deemed export, any record that establishes the deemed export, or a copy of such a record, that is kept by the exporter in the ordinary course of business. The claim shall include, as proof of the authorization under subsection (c)(1) of the importer, exporter, or person who destroyed merchandise, as appropriate, for another person to claim drawback, records kept in the ordinary course of business demonstrating the authorization. Drawback under this section may be claimed for materials imported and used in the construction and equipment of vessels built for foreign account and ownership, or for the government of any foreign country, notwithstanding that such vessels may not within the strict meaning of the term be exported. No drawback may be claimed under this section for an agricultural product with respect to which an over-quota rate of duty has been paid, unless the product is identified as the imported agricultural product using direct identification. Except as provided in subparagraph (B), upon the exportation of flavoring extracts, flavors, medicines, medicinal preparations, or perfumes manufactured or produced in the United States in part from domestic alcohol on which an internal revenue tax has been paid, there shall be allowed a drawback in an amount equal to the tax found to have been paid on the alcohol so used. If drawback has been claimed under section 5114 of the Internal Revenue Code of 1986 with respect to flavoring extracts, flavors, medicines, medicinal preparations, or perfumes manufactured or produced in the United States, the amount of drawback under this paragraph shall be limited to $1 per proof gallon. A claim for drawback under this paragraph shall be submitted in such form, at such times, and under such conditions as the Secretary of the Treasury shall prescribe by regulation. A drawback under this section for merchandise shall be paid from the customs receipts of Puerto Rico if the duties for such merchandise were originally paid into the Treasury of Puerto Rico. Subject to section 508(b)(2)(B) of the Tariff Act of 1930 ( 19 U.S.C. 1508(b)(2)(B) ), and for purposes of this section, if merchandise that is exported to a NAFTA country is a good subject to NAFTA drawback, no customs duties on the good may be refunded, waived, or reduced in an amount that exceeds the lesser of— the total amount of customs duties paid or owed on the good on importation into the United States; or the total amount of customs duties paid on the good on importation into the NAFTA country. If Canada ceases to be a NAFTA country and the suspension of the operation of the United States-Canada Free-Trade Agreement thereafter terminates, then for purposes of this section, the shipment to Canada during the period such Agreement is in operation of merchandise made from or substituted for a good eligible for drawback under section 204(a) of the United States-Canada Free-Trade Agreement Implementation Act of 1988 ( Public Law 100–449 ; 19 U.S.C. 2112 note) does not constitute an exportation. The exportation to a NAFTA country of merchandise that is fungible with and substituted for imported merchandise, other than merchandise described in paragraphs

(1)through

(8)of section 203(a) of the North American Free Trade Agreement Implementation Act ( 19 U.S.C. 3333(a) ), shall not be treated as an exportation of substitute merchandise for purposes of drawback under this section. Notwithstanding subsection (i)(4), a person filing a claim under this paragraph shall submit, as proof of exportation, the entry records from Canada or Mexico. For purposes of this section, if merchandise that is exported to Chile is a good subject to Chile FTA drawback, no customs duties on the good may be refunded, waived, or reduced, except as provided in subparagraph (B). The customs duties referred to in subparagraph

(A)may be refunded, waived, or reduced by— 100 percent during the 8-year period beginning on January 1, 2004; 75 percent during the 1-year period beginning on January 1, 2012; 50 percent during the 1-year period beginning on January 1, 2013; and 25 percent during the 1-year period beginning on January 1, 2014. Beginning on January 1, 2015, the exportation to Chile of merchandise that is fungible with and substituted for imported merchandise, other than merchandise described in paragraphs

(1)through

(5)of section 203(a) of the United States-Chile Free Trade Agreement Implementation Act ( 19 U.S.C. 3805 note), shall not be treated as an exportation of substitute merchandise for purposes of drawback under this section. The preceding sentence shall not be construed to permit the substitution of merchandise under this section with respect to merchandise described in paragraph

(2)of section 203(a) of the United States-Chile Free Trade Agreement Implementation Act. . Section 505(b) of the Tariff Act of 1930 ( 19 U.S.C. 1505(b) ) is amended by adding at the end the following: Refunds of excess moneys deposited, as determined on a liquidation or reliquidation, shall be reduced by any amount paid, on an accelerated basis or otherwise, to a person claiming drawback pursuant to section 313. The second sentence of section 515(a) of the Tariff Act of 1930 ( 19 U.S.C. 1515(a) ) is amended by striking the period at the end and inserting in accordance with section 505. . Section 508(b)(2)(B)(i)(III) of the Tariff Act of 1930 (19 U.S.C. 1508(b)(2)(B)(i)(III)) is amended by striking section 313(n)(2) or (o)(1) and inserting section 313(k)(1) . Except as provided in paragraph (2), the amendments made by this section shall apply to drawback claims filed with respect to merchandise that enters the United States on or after the date that is 2 years after the date of the enactment of this Act. During the 1-year period beginning on the date specified in paragraph (1), a person may elect to file a claim for drawback under— section 313 of the Tariff Act of 1930, as amended by this section; or section 313 of the Tariff Act of 1930, as in effect on the day before the date specified in paragraph (1). Not later than the date that is 4 years after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives a report that contains— an evaluation of the costs and benefits to the Federal Government, and the benefits to the private sector, resulting from the implementation of section 313 of the Tariff Act of 1930, as amended by this section; and an assessment of the extent to which the implementation of that section may permit a person claiming drawback with respect to imported merchandise to receive drawback in excess of the duties, taxes, or fees paid on the imported merchandise.

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