Eligibility

My company does not do both import and export, but my supply chain does. Can I still receive duty drawback?

Often, yes. The exporter can claim on someone else's import, or waive the right to the importer, if the records connect the two.

  • Filed by a licensed broker⁠†
  • Published fees, charged after CBP pays
  • Sealed on AMD SEV-SNP

Two common cases:

  • You import, and your customer exports. Your customer is the default claimant.

    It can waive its right to you by certification, and you then claim on your own entries using its export records.

  • You export goods someone else imported. You can claim as the exporter, using the importer's entry data and the records of how the goods reached you.

Since the 2018 drawback rules took effect, CBP no longer requires delivery certificates for these transfers.

Records kept in the normal course of business can show the transfer, but they must show the parties, dates, entry numbers, quantities, duties and 10-digit HTS codes.

The hard part is cooperation: one company holds the import data and the other holds the export proof.

Agree in writing who claims, who shares which records, and how any refund is split.

That split is a contract question for your counsel, not a CBP rule. Your entries decide.

  • 19 CFR 190.10, 190.82⁠[1]⁠[2]
  • Modernized Drawback final rule, Federal Register, Dec 18, 2018⁠[3]
Also asked
  • Can I claim drawback if my customer exports?

Written by the NexQloud Drawback team from the primary sources linked on this page.

Not legal advice. NexQloud Drawback is not a government agency.

NexQloud Drawback is software used by licensed customs brokers.

Related

Who can claim duty drawback

All 11 questions

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Read less. Run the demo.

Run the demo on a sample file. About three minutes.

  1. 01

    Upload one quarter.

    Entry summaries, invoices and export records.

    WhoYou

  2. 02

    AI drafts your claim.

    It ties each export to its import, to the cent.

    WhoThe agent

  3. 03

    Your broker files. CBP pays you.

    The refund goes directly to your bank account.

    WhoA licensed broker

Your email and name open the demo. We never ask for your ACE login or bank details.

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IEEPA refunds

Got your IEEPA refund? Drawback is the one that repeats.

We check every entry for CAPE first, the order CBP recommends.⁠[4] Drawback can recur every year.

Which tariffs qualify?

Section 301 duties, the Section 122 surcharge and the Section 338 duties on Canada all qualify.⁠[5]⁠[6]⁠[7]

How CAPE and drawback fit together

For partners

Be the firm that finds your clients a second refund.

Brokers earn the drawback fee. CPA firms bill their own work. Refund firms keep their CAPE clients. Design partners help shape it before launch.

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No fee to apply. We reply within 2 business days.

Questions

Top questions

All questions
What is duty drawback?

A refund of up to 99% of the duties, taxes and fees you paid on imports that you later export or destroy, or that went into products you export.⁠[8] It works in any industry.

When can I start?

We open to importers in waves, in the order of the waitlist. The demo shows the whole product with sample data today, and partners can apply now.

What will you need from me?

One quarter of records to start: entry summaries, invoices, packing lists, shipping documents, and export, return or destruction records.

How long until CBP pays?

With accelerated payment, CBP can pay before the claim is final. Its only published timing, from December 2018: processing "will generally take place within 3 weeks of the claim resubmission date."⁠[9]

Can I use my own customs broker?

Yes. Invite your own broker, or use one we name before you sign. Your POA stays with your broker, and your broker sets its own fee.

What if CBP pays less than claimed?

The fee follows what CBP actually pays. If CBP later recovers part of a payment, the fee is reduced to match.

Do you file CAPE claims?

No. We check every entry for CAPE first and flag what belongs there. You or your broker files CAPE. Refund firms work through one of you.

Demo

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Watch the agent turn a sample file into a claim folder. About 3 minutes.

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