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From: Guy from VAR
Date: 10 Aug 2001
Time: 10:40:32
Remote Name: 141.154.9.201
FYI......... Subject: NEW CUSTOMS DRAWBACK "EDICT"
I just heard from local Customs of a new Wash. RULE that has not been published to the general public (It doesn't even have any legality....but as with drawback, it doesn't matter, they interpret and make up their own rules):
As most of you know many drawback claims are have a cursory audit performed by the liquidator (as required by GAO) before an entry is liquidated OR closed. They will ask the IMPORT BROKER for a percentage of the actual import entry documents contained in the drawback claim. IF the import broker DOES NOT provide those within 5 days the drawback liquidator is suppose to deny the claim OR deduct the drawback amount attributed to the entry copies that they did not get from the Import Broker. They will NOT ask the importer OR the drawback filer for those entries BECAUSE it is the Import Broker's responsibility to maintain and produce those entry documents for five years. Part of an import brokers compliance under ABI/Paperless etc. is to have to provide copies of the entry documents to Customs; However if they do not they "MAY" be penalized by Customs BUT the drawback filer will immediately be penalized by not getting Paid. Better yet...........Drawback Filers under Accelerated Payment (which my customers are all under) will get Bills from Customs to refund the funds already paid. THERE IS NOTHING IN THE DRAWBACK LAWS THAT ALLOW THAT. If Customs wants to actually audit a drawback filer and asks for documents from them and they can't produce them, then drawback payments (and even penalties) will have to be paid back; However now they want to penalize Customers because some brokers aren't complying with their responsibilities; It will be a BOOM for lawyers as this plays out. I suggest that IF anyone gets such a notice to contact me OR not to pay it based on not being a valid law OR regulation.
DON'T YOU JUST LOVE IT? MORE TO COME..............