19 C.F.R. § 181.32

Filing procedures

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(a) Place of filing. A post-importation claim for a refund under § 181.31 of this part shall be filed with CBP, either at the port of entry or electronically.

(b) Contents of claim. A post-importation claim for a refund shall be filed by presentation of the following:

(1) A written declaration stating that the good qualified as an originating good at the time of importation and setting forth the number and date of the entry covering the good;

(2) Subject to § 181.22(d) of this part, a copy of each Certificate of Origin (see § 181.11 of this part) pertaining to the good;

(3) A written statement indicating whether or not the importer of the good provided a copy of the entry summary or equivalent documentation to any other person. If such documentation was so provided, the statement shall identify each recipient by name, Customs identification number and address and shall specify the date on which the documentation was provided;

(4) A written statement indicating whether or not the importer of the good is aware of any claim for refund, waiver or reduction of duties relating to the good within the meaning of Article 303 of the NAFTA (see subpart E of this part). If the importer is aware of any such claim, the statement shall identify each claim by number and date and shall identify the person who made the claim by name, Customs identification number and address; and

(5) A written statement indicating whether or not any person has filed a protest or a petition or request for reliquidation relating to the good under any provision of law, and if any such protest or petition or request for reliquidation has been filed, the statement shall identify the protest, petition or request by number and date.

Notes of Decisions

Cited in 2 cases, 2013–2014 · leading case: Ford Motor Co. v. United States, 715 F.3d 906 (Fed. Cir. 2013).

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Ford Motor Co. v. United States, 715 F.3d 906 (Fed. Cir. 2013). · cites it 4× “19 C.F.R. § 181.32 (b). In addition to the two documents specified in the statute, these regulations require three additional written statements.”

Ford Motor Co. v. United States, 2014 CIT 53 (Ct. Intl. Trade 2014). “Ford did not seek preferential treatment at the time of entry and instead sought preferential treatment after entering the merchandise by filing a (traditional) NAFTA post-importation refund claim pursuant to 19 C.F.R. § 181.32 . One of the requirements of a post-importation…”

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