On July 1, 2020, CBP issued CSMS #43227909 – Drawback: USMCA Interim Guidance, reproduced below:
Drawback USMCA Update:
The purpose of this message is to provide the trade community with guidance on claim submission and the reporting requirements for USMCA drawback claims. USMCA regulations, which are pending, will be housed in 19 CFR 182. Further guidance will be issued in a CSMS once regulations are final.
The drawback trade community should not file any USMCA drawback claims at this time. An additional CSMS message will be issued once the technical changes to ACE have deployed allowing claim acceptance.
Please continue to file NAFTA drawback claims, if applicable, under the NAFTA requirements.
- Important note: Filers will not be allowed to comingle NAFTA and USMCA imports on the same drawback claim. The date of entry determines which agreement controls, not the date of claim.
Summary of Anticipated Technical Changes:
- New USMCA indicator will be created
- New provision code for the sugar exception will be created
- New provision code for USMCA 1313j2 exception will be created
- Updated certification in CATAIR
- New DIS document labels for NAFTA/USMCA claims being created for supporting documentation in DIS
ACE Business Rules and CATAIR will be updated to reflect the USMCA drawback changes.
Guidance on USMCA Requirements:
- In general, USMCA retains the drawback restrictions that exist under NAFTA. However, there are changes in USCMA noted in the Interim Implementation Instructions. For more information regarding drawback changes in the Interim Implementation Instructions, please refer to CSMS #43062320 – US-MEXICO-CANADA AGREEMENT (USMCA) Updated Interim Implementation Instructions – June 16, 2020.
- For more information on USMCA please go to the following link: https://www.cbp.gov/trade/priority-issues/trade-agreements/free-trade-agreements/USMCA
Questions regarding this update may be directed to [email protected].