Frequently Asked Questions

Can we file our own duty drawback claims, or do we need a customs broker?

Every claim has to reach CBP electronically, which leaves three routes. You can hire a licensed customs broker to build and transmit the claim, self-file using your own drawback software and ABI connection, or build the claim yourself and have a service bureau transmit it. Claims cannot be submitted through the ACE Portal or handed to a CBP office directly. Most importers use a broker because the import, manufacturing, and export records have to line up at the line-item level.

What is CBP Form 7553, and when do we need it?

It is the Notice of Intent to Export, Destroy, or Return Merchandise for Purposes of Drawback. For unused merchandise claims and for destructions, it has to be filed at the port of intended examination at least 5 working days before the goods move, unless CBP has granted you a waiver of prior notice. CBP has 2 working days to tell you whether it wants to examine the merchandise. If CBP says it will examine and the goods ship anyway, that portion of the claim gets denied.

What does CBP accept as proof of exportation?

Your evidence has to establish the date and fact of exportation plus the identity of the exporter. The claim itself needs the export date, exporter name, description of the goods, quantity and unit of measure, Schedule B or HTSUS number, and country of destination. Supporting documents can be records you already keep in the normal course of business, such as a bill of lading, air waybill, or cargo manifest. The standard is proof the goods left the country, not proof they arrived.

Who gets the refund when we import the goods but our customer exports them?

The exporter holds the right to claim by default. That party can waive the right and assign it in writing to the importer, manufacturer, producer, or an intermediate party, and the certification has to confirm the right was not assigned to anyone else. It can be a blanket certification covering a set period. Whoever files the claim is the party CBP pays.

What has to be in place before we can request accelerated payment?

Two things. CBP has to approve your accelerated payment application in advance, submitted in writing to the drawback office where you will file. You also need a customs bond on file covering accelerated drawback, filed under activity code 1A. Continuous bonds of that type start at $50,000 and have to cover 100% of the accelerated drawback you expect to claim over the bond term. If the bond is expired or undersized, CBP still accepts the claim but removes the accelerated payment request.

How long do we have to keep the records behind a claim?

Records tied to a drawback claim have to be retained for 3 years after that claim liquidates. Liquidation often lands well after filing because the drawback claim generally waits on the underlying import entries, so the practical retention window runs longer than 3 years from the filing date.

Who is liable if a claim turns out to be wrong?

The party that files is liable for the full amount of drawback claimed. The importer of the designated merchandise can also be liable for a claim another party files against its imports, capped at the amount it authorized, and both parties are jointly and severally liable. That is the reason the records behind a claim deserve as much attention as the refund itself.