CBP Continues to Aim for Speedy Publication of TFTEA Drawback Proposal, DOJ Says in Court Filing

CBP's goal "is, and has always been," to publish a regulatory proposal for drawback regulations under the Trade Facilitation and Trade Enforcement Act, the Justice Department said in a June 12 filing with the Court of International Trade. The filing was part of a lawsuit brought against CBP that said the government is improperly not processing requests for accelerated payment on TFTEA drawback claims (see 1803260048). Tobacos de Wilson, Tobacco Rag Processors, Brown-USA, Nippon America, Skate One Corporation, Alliance International, C.J. Holt and Customs Advisory Services filed the suit in late March.

The DOJ was responding to a June 6 filing from the importers that brought the suit. That filing cited International Trade Today coverage of a webinar in which Randy Mitchell, director of CBP’s Commercial Operations, Revenue and Entry Division, noted the possibility of final drawback regulations not being in place by the statutorily required dates (see 1805240048). The plaintiffs said Mitchell's remarks gave a "significantly different" time frame for the issuance of the regulations than was offered by the DOJ during a May 7 hearing. The DOJ responded that the "statements made by Mr. Mitchell were presented during an informal webinar, and plaintiffs cherry picked the statements out of a broader presentation that spanned an hour." During the same presentation, Mitchell also said CBP is working to implement the regulations as quickly as possible, the DOJ said.

The DOJ said that the "plaintiffs’ arguments are misguided" and that "the goal of the United States is, and has always been, to publish the [Notice of Proposed Rulemaking] as quickly as possible." That point was emphasized during a panel discussion on drawback at the American Association of Exporters and Importers annual conference earlier this month (see 1806080007). Emily Simon from CBP’s Office of Trade, Regulations and Rulings Directorate, whose remarks were off-the-record, explained "that CBP is 'eagerly await[ing] clearance from the Office of Management and Budget so that the Notice of Proposed Rulemaking can be published,'" the DOJ said. "Accordingly, any suggestion by plaintiffs that the Government is not working as expeditiously as possible is not accurate."

Email ITTNews@warren-news.com for copies of the filings.