CBP Considering Whether Accelerated Drawback Must Be Repaid Before Filing Suit, Motion Says

Parkdale and the government filed a joint motion April 11 requesting more time to consider whether the company could file its case challenging CBP’s denial of its mixed-use drawback claims before repaying the accelerated drawback it received (see 2205180046). The motion says Parkdale recently sent CBP a letter with the company’s position on “whether the re-payment of accelerated drawback constitutes a liquidated duty under 28 U.S.C. § 2637, and therefore required to be paid to the government before this action was commenced,” as planned in a previous extension motion in December (Parkdale America v. U.S., CIT # 22-00019).

The government has said that jurisdictional issues could lead it to file a motion to dismiss the case. The issues also affect discussions on a proposed settlement agreement “which may lead to the resolution of this case without any further litigation,” the motion to extend said.