§ 3333. — Drawback.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 19USC3333]
TITLE 19--CUSTOMS DUTIES
CHAPTER 21--NORTH AMERICAN FREE TRADE
SUBCHAPTER II--CUSTOMS PROVISIONS
Sec. 3333. Drawback
(a) ``Good subject to NAFTA drawback'' defined
For purposes of this Act and the amendments made by subsection (b)
of this section, the term ``good subject to NAFTA drawback'' means any
imported good other than the following:
(1) A good entered under bond for transportation and exportation
to a NAFTA country.
(2) A good exported to a NAFTA country in the same condition as
when imported into the United States. For purposes of this
paragraph--
(A) processes such as testing, cleaning, repacking, or
inspecting a good, or preserving it in its same condition, shall
not be considered to change the condition of the good, and
(B) except for a good referred to in paragraph 12 of section
A of Annex 703.2 of the Agreement that is exported to Mexico, if
a good described in the first sentence of this paragraph is
commingled with fungible goods and exported in the same
condition, the origin of the good may be determined on the basis
of the inventory methods provided for in the regulations
implementing this title.\1\
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\1\ See References in Text note below.
(3) A good--
(A) that is--
(i) deemed to be exported from the United States,
(ii) used as a material in the production of another
good that is deemed to be exported to a NAFTA country, or
(iii) substituted for by a good of the same kind and
quality that is used as a material in the production of
another good that is deemed to be exported to a NAFTA
country, and
(B) that is delivered--
(i) to a duty-free shop,
(ii) for ship's stores or supplies for ships or
aircraft, or
(iii) for use in a project undertaken jointly by the
United States and a NAFTA country and destined to become the
property of the United States.
(4) A good exported to a NAFTA country for which a refund of
customs duties is granted by reason of--
(A) the failure of the good to conform to sample or
specification, or
(B) the shipment of the good without the consent of the
consignee.
(5) A good that qualifies under the rules of origin set out in
section 3332 of this title that is--
(A) exported to a NAFTA country,
(B) used as a material in the production of another good
that is exported to a NAFTA country, or
(C) substituted for by a good of the same kind and quality
that is used as a material in the production of another good
that is exported to a NAFTA country.
(6) A good provided for in subheading 1701.11.02 of the HTS that
is--
(A) used as a material, or
(B) substituted for by a good of the same kind and quality
that is used as a material,
in the production of a good provided for in existing Canadian tariff
item 1701.99.00 or existing Mexican tariff item 1701.99.01 or
1701.99.99 (relating to refined sugar).
(7) A citrus product that is exported to Canada.
(8) A good used as a material, or substituted for by a good of
the same kind and quality that is used as a material, in the
production of--
(A) apparel, or
(B) a good provided for in subheading 6307.90.99 (insofar as
it relates to furniture moving pads), 5811.00.20, or 5811.00.30
of the HTS,
that is exported to Canada and that is subject to Canada's most-
favored-nation rate of duty upon importation into Canada.
Where in paragraph (6) a good referred to by an item is described in
parentheses following the item, the description is provided for purposes
of reference only.
(b), (c) Omitted
(d) Elimination of drawback for fees under section 624 of title 7
Notwithstanding any other provision of law, the Secretary of the
Treasury may not, on condition of export, refund or reduce a fee applied
pursuant to section 624 of title 7 with respect to goods included under
subsection (a) of this section that are exported to--
(1) Canada after December 31, 1995, for so long as it is a NAFTA
country; or
(2) Mexico after December 31, 2000, for so long as it is a NAFTA
country.
(e) Inapplicability to countervailing and antidumping duties
Nothing in this section or the amendments made by it shall be
considered to authorize the refund, waiver, or reduction of
countervailing duties or antidumping duties imposed on an imported good.
(Pub. L. 103-182, title II, Sec. 203, Dec. 8, 1993, 107 Stat. 2086.)
References in Text
This Act, referred to in subsec. (a), is Pub. L. 103-182, Dec. 8,
1993, 107 Stat. 2057, known as the North American Free Trade Agreement
Implementation Act. For complete classification of this Act to the Code,
see Short Title note set out under section 3301 of this title and
Tables.
The amendments made by subsection (b) of this section, referred to
in subsec. (a), are the amendments made by section 203(b) of Pub. L.
103-182 to sections 81c, 1311 to 1313, and 1562 of this title.
This title, referred to in subsec. (a)(2)(B), is title II of Pub. L.
103-182, Dec. 8, 1993, 107 Stat. 2068, which enacted this subchapter,
amended sections 58c, 81c, 1304, 1311 to 1313, 1508, 1509, 1514, 1520,
1562, 1592, and 1628 of this title, and enacted provisions set out as
notes under sections 58c, 1304, and 3331 of this title.
This section or the amendments made by it, referred to in subsec.
(e), is section 203 of Pub. L. 103-182, which enacted this section and
amended sections 81c, 1311 to 1313, and 1562 of this title.
Codification
Section is comprised of section 203 of Pub. L. 103-182. Subsec. (b)
of section 203 of Pub. L. 103-182 amended sections 81c, 1311 to 1313,
and 1562 of this title. Subsec. (c) of section 203 of Pub. L. 103-182
amended section 1313 of this title.
Effective Date
Section effective on the date the North American Free Trade
Agreement enters into force with respect to the United States [Jan. 1,
1994], see section 213(b) of Pub. L. 103-182, set out as a note under
section 3331 of this title.
Section Referred to in Other Sections
This section is referred to in sections 81c, 1311, 1312, 1313, 1562
of this title.
