19 C.F.R. § 191.35

Notice of intent to export; examination of merchandise

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(a) Notice. A notice of intent to export merchandise which may be the subject of an unused merchandise drawback claim (19 U.S.C. 1313(j)) must be provided to the Customs Service to give Customs the opportunity to examine the merchandise. The claimant, or the exporter, must file at the port of intended examination a Notice of Intent to Export, Destroy, or Return Merchandise for Purposes of Drawback on Customs Form 7553 at least 2 working days prior to the date of intended exportation unless Customs approves another filing period or the claimant has been granted a waiver of prior notice (see § 191.91 of this part).

(b) Required Information. The notice shall certify that the merchandise has not been used in the United States before exportation. In addition, the notice shall provide the bill of lading number, if known, the name and telephone number, mailing address, and, if available, fax number and e-mail address of a contact person, and the location of the merchandise.

(c) Decision to examine or to waive examination. Within two (2) working days after receipt of the Notice of Intent to Export, Destroy, or Return Merchandise for Purposes of Drawback (see paragraph (a) of this section), Customs will notify the party designated on the Notice in writing of Customs decision to either examine the merchandise to be exported, or to waive examination. If Customs timely notifies the designated party, in writing, of its decision to examine the merchandise (see paragraph (d) of this section), but the merchandise is exported without having been presented to Customs for examination, any drawback claim, or part thereof, based on the Notice of Intent to Export, Destroy, or Return Merchandise for Purposes of Drawback shall be denied. If Customs notifies the designated party, in writing, of its decision to waive examination of the merchandise, or, if timely notification of a decision by Customs to examine or to waive examination is absent, the merchandise may be exported without delay.

(d) Time and place of examination. If Customs gives timely notice of its decision to examine the export merchandise, the merchandise to be examined shall be promptly presented to Customs. Customs shall examine the merchandise within five (5) working days after presentation of the merchandise. The merchandise may be exported without examination if Customs fails to timely examine the merchandise after presentation to Customs. If the examination is completed at a port other than the port of actual exportation, the merchandise shall be transported in-bond to the port of exportation.

(e) Extent of examination. The appropriate Customs office may permit release of merchandise without examination, or may examine routinely (to the extent determined to be necessary) the items exported.

Notes of Decisions

Cited in 4 cases (1 in the last 5 years), 2006–2021 · leading case: Graham Eng'g Corp. v. United States, 465 F. Supp. 2d 1353 (Ct. Intl. Trade 2006).

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Graham Eng'g Corp. v. United States, 465 F. Supp. 2d 1353 (Ct. Intl. Trade 2006). · cites it 11× “Customs denied the claim because Graham failed to file a notice of intent to export pursuant to 19 C.F.R. § 191.35 (a)(2006). Graham challenges Customs’ denial on the basis that 19 C.”

Graham Eng'g Corp. v. United States, 510 F.3d 1385 (Fed. Cir. 2007). · cites it 3× “See 19 C.F.R. § 191.35 . Subsequently, Graham filed a drawback entry requesting a refund of 99 percent of the duty previously paid pursuant to section 1313(j)(l).”

Jana Brands, Inc. v. C.H. Robinson Int'l, Inc. (D. Mass. 2021). “19 C.F.R. § 191.35 ; see also Doc. No. 73 at 4.”

Toyota Motor Sales, U.S.A., Inc. v. United States, 2011 CIT 113 (Ct. Intl. Trade 2011). “In its application, Toyota proposed to use a “days of 9 Pursuant to 19 C.F.R. § 191.35 , a party seeking to export merchandise that will be the subject of a drawback claim must provide Customs with notice of the intent to export, and an opportunity to inspect the merchandise…”

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