(a) Rejecting the claim. Upon review of a drawback claim, if the claim is determined to be incomplete (see § 191.51(a)(1)), the claim will be rejected and Customs will notify the filer in writing. The filer shall then have the opportunity to complete the claim subject to the requirement for filing a complete claim within 3 years.
(b) Perfecting the claim; additional evidence required. If Customs determines that the claim is complete according to the requirements of § 191.51(a)(1), but that additional evidence or information is required, Customs will notify the filer in writing. The claimant shall furnish, or have the appropriate party furnish, the evidence or information requested within 30 days of the date of notification by Customs. Customs may extend this 30 day period for good cause if the claimant files a written request for such extension within the 30 day period. The evidence or information required under this paragraph may be filed more than 3 years after the date of exportation or destruction of the articles which are the subject of the claim. Such additional evidence or information may include, but is not limited to:
(1) The export bill of lading or other actual evidence of exportation, as provided for in § 191.72(a) of this part, which shall show that the articles were shipped by the person filing the drawback entry, or a letter of endorsement from the party in whose name the articles were shipped which shall be attached to such bill of lading, showing that the party filing the entry is authorized to claim drawback and receive payment (the claimant shall have on file and make available to Customs upon request, the endorsement from the exporter assigning the right to claim drawback);
(2) A copy of the import entry and invoice annotated for the merchandise identified or designated;
(3) A copy of the export invoice annotated to indicate the items on which drawback is being claimed; and
(4) Certificate(s) of delivery upon which the claim is based (see § 191.10(e) of this part).
(c) Amending the claim; supplemental filing. Amendments to claims for which the drawback entries have not been liquidated must be made within three (3) years after the date of exportation or destruction of the articles which are the subject of the original drawback claim. Liquidated drawback entries may not be amended; however, they may be protested as provided for in § 191.84 of this part and part 174 of this chapter.
Notes of Decisions
Aectra Refining & Mktg. Inc. v. United States, 533 F. Supp. 2d 1318 (Ct. Intl. Trade 2007).
· cites it 6× “Customs however contends that Aectra could not have perfected or amended its drawback claims by changing the scope of its original claim pursuant to 19 C.F.R. § 191.52 (b). See id. at 16-17 .”
Delphi Petroleum, Inc. v. United States, 662 F. Supp. 2d 1348 (Ct. Intl. Trade 2009).
· cites it 5× “) Delphi argues that its claim was timely, however, because its protest supplemented its earlier claims under 19 C.F.R. § 191.52 (c), or otherwise perfected it under 19 C.”
Toyota Motor Sales, U.S.A., Inc. v. United States, 2011 CIT 113 (Ct. Intl. Trade 2011).
· cites it 7× “§ 1313 (r)(1); see also 19 C.F.R. § 191.52 (c) (“Amendments to claims for which the drawback entries have not been liquidated must be made within three (3) years after the date of exportation or destruction of the articles which are the subject of the original Court No.”
Echostar Techs., L. L.C. v. United States, 2019 CIT 74 (Ct. Intl. Trade 2019).
· cites it 3× “" 19 C.F.R. § 191.52 (a). Claims that are not completed within the three-year period are "considered abandoned.”
Cargill Citro-Am., Inc. v. United States, 395 F. Supp. 2d 1222 (Ct. Intl. Trade 2005).
“34 did apply to its drawback claim, then Cargill satisfied Customs’ regulations, by submitting an application for “perfection” in accordance with 19 C.F.R. § 191.52 (b)(4) (2002). See Cargill’s Mem.”
— 19 C.F.R. § 191.52(a) — 1 case
— 19 C.F.R. § 191.52(b) — 2 cases
Delphi Petroleum, Inc. v. United States, 662 F. Supp. 2d 1348 (Ct. Intl. Trade 2009).
“) Delphi argues that its claim was timely, however, because its protest supplemented its earlier claims under 19 C.F.R. § 191.52 (c), or otherwise perfected it under 19 C.”
Toyota Motor Sales, U.S.A., Inc. v. United States, 2011 CIT 113 (Ct. Intl. Trade 2011).
“§ 1313 (r)(1); see also 19 C.F.R. § 191.52 (c) (“Amendments to claims for which the drawback entries have not been liquidated must be made within three (3) years after the date of exportation or destruction of the articles which are the subject of the original Court No.”
— 19 C.F.R. § 191.52(c) — 1 case
Delphi Petroleum, Inc. v. United States, 662 F. Supp. 2d 1348 (Ct. Intl. Trade 2009).
“) Delphi argues that its claim was timely, however, because its protest supplemented its earlier claims under 19 C.F.R. § 191.52 (c), or otherwise perfected it under 19 C.”
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