19 CFR 191.173 – Imported duty-paid derivatives (no manufacture)
When the basis for drawback under 19 U.S.C. § 1313(p) is imported duty-paid petroleum derivatives (that is, not articles manufactured under 19 U.S.C. § 1313(a) or (b)), the requirements for drawback are as follows:
Terms Used In 19 CFR 191.173
- Importer: means the person primarily liable for the payment of any duties on the merchandise, or an authorized agent acting on his behalf. See 19 CFR 101.1
(a) Imported duty-paid merchandise. The imported duty-paid merchandise designated for drawback must be a “qualified article” as defined in § 191.172(a) of this subpart;
(b) Exported article. The exported article on which drawback is claimed must be an “exported article” as defined in § 191.172(c) of this subpart;
(c) Exporter. The exporter of the exported article must have either:
(1) Imported the qualified article in at least the quantity of the exported article; or
(2) Purchased or exchanged (directly or indirectly) from an importer an imported qualified article in at least the quantity of the exported article;
(d) Time of export. The exported article must be exported within 180 days after the date of entry of the designated imported duty-paid merchandise; and
(e) Amount of drawback. The amount of drawback payable may not exceed the amount of drawback which would be attributable to the imported qualified article under 19 U.S.C. § 1313(j)(1) which serves as the basis for drawback.