Current through October 31, 2024
Section 190.53 - Restructuring of claims(a)General. CBP may require claimants to restructure their drawback claims in such a manner as to foster administrative efficiency. In making this determination, CBP will consider the following factors: (1) The number of transactions of the claimant (imports and exports);(2) The value of the claims;(3) The frequency of claims;(4) The product or products being claimed; and(5) For 19 U.S.C. 1313(a) and 1313(b) claims, the provisions, as applicable, of the general manufacturing drawback ruling or the specific manufacturing drawback ruling.(b)Exemption from restructuring; criteria. In order to be exempt from a restructuring, a claimant must demonstrate an inability or impracticability in restructuring its claims as required by CBP and must provide a mutually acceptable alternative. Criteria used in such determination will include a demonstration by the claimant of one or more of the following:(1) Complexities caused by multiple commodities or the applicable general manufacturing drawback ruling or the specific manufacturing drawback ruling;(2) Variable and conflicting manufacturing and inventory periods (for example, financial, accounting and manufacturing records maintained are significantly different);(3) Complexities caused by multiple manufacturing locations;(4) Complexities caused by difficulty in adjusting accounting and inventory records (for example, records maintained-financial or accounting-are significantly different); and/or(5) Complexities caused by significantly different methods of operation.