19 C.F.R. § 181.41

Applicability

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This subpart sets forth the provisions regarding drawback claims and duty-deferral programs under Article 303 of the NAFTA and applies to any good that is a “good subject to NAFTA drawback” within the meaning of 19 U.S.C. 3333. Except in the case of § 181.42(d), the provisions of this subpart apply to goods which are imported into the United States and then subsequently exported from the United States to Canada on or after January 1, 1996, or to Mexico on or after January 1, 2001. The requirements and procedures set forth in this subpart for NAFTA drawback are in addition to the general definitions, requirements and procedures for all drawback claims set forth in part 191 of this chapter, unless otherwise specifically provided in this subpart. Also, the requirements and procedures set forth in this subpart for NAFTA duty-deferral programs are in addition to the requirements and procedures for manipulation, manufacturing and smelting and refining warehouses contained in part 19 and part 144 of this chapter, for foreign trade zones under part 146 of this chapter, and for temporary importations under bond contained in part 10 of this chapter.

Notes of Decisions

Cited in 2 cases, 2006–2007 · leading case: Merck & Co., Inc. v. United States, 435 F. Supp. 2d 1253 (Ct. Intl. Trade 2006).

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Merck & Co., Inc. v. United States, 435 F. Supp. 2d 1253 (Ct. Intl. Trade 2006). · cites it 2× “19 C.F.R. § 181.41 establishes the framework for the agency’s application of the duty drawback laws modified by the NAFTAIA.”

Merck & Co., Inc. v. United States, 499 F.3d 1348 (Fed. Cir. 2007). “For example, 19 C.F.R. § 181.41 provides as follows: Subpart E.”

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