Cargo Systems Messaging Service

CSMS # 61359432 - Drawback: Programming Deployment for 19 USC § 1313(c) Direct Identification Retail Return Claims Utilizing ACE Provision Codes 56 and 70 for Exports to Canada and Mexico

As an update to CSMS #45782283, please be advised that CBP anticipates deployment in late-August 2024 of Automated Commercial Environment (ACE) programming to permit filing of 19 U.S.C. § 1313(c)(1)(C)(ii) direct identification retail return drawback claims with exports to Canada (CA) or Mexico (MX) utilizing ACE provision codes 56 and 70. The current published CBP and Trade Automated Interface Requirements for Drawback (CATAIR) provide technical guidance on how to properly submit such claims. Filers may find the updated CATAIR at this link: https://www.cbp.gov/document/guidance/ace-drawback-catair-guidelines.

Designated claims under 19 U.S.C. § 1313(c)(2) with exports to CA or MX are not, and will not be, permitted to be filed.

Claimants approved for accelerated payment (AP) for 19 U.S.C. § 1313(c)(1)(C)(ii) direct identification retail return claims may request AP provided that all applicable requirements are met to include the requisite bonding.

Direct identification retail return claims pursuant to 19 U.S.C. § 1313(c)(1)(C)(ii) with exports to CA or MX are subject to the United States-Mexico-Canada Agreement (USMCA) Implementation Act pursuant to 19 U.S.C. § 4534(a). Such claims are subject to the relevant requirements in Part 182 of the CBP Regulations, to include the “lesser of the two duties” requirement for calculating a drawback claim appearing in 19 C.F.R. § 182.44(a). Such claims are additionally subject to the requirements in Part 190 of CBP Regulations, to include the separate filing requirement appearing in 19 C.F.R. § 190.0a. Consequently, such claims must include the ACE indicator for USMCA, and must be filed separately from non-USMCA drawback claims.

If you have any questions related to the deployment of this new functionality or this update, please send emails to the following email addresses:

POLICY QUESTIONS:

Drawback: OTDRAWBACK@cbp.dhs.gov

TECHNICAL QUESTIONS:

Entry Summary and Revenue: ESAR@cbp.dhs.gov

Related Messages: 45198584, 45195422, 43227909, 45782283