On October 16th, 2018, U.S. Customs and Boarder Protection (CBP) issued additional guidance for importers which revised previous CBP guidance on the implementation of the Craft Beverage Modernization Act (CBMA) and provided importers with general guidelines on how to take advantage of reduced tax rates on imported alcohol beverages. Although the CBP outlines the submission process for claims, post summary corrections, and protests, the overview provided leaves importers and customs brokers with many questions and submission concerns. With potentially hundreds of thousands of dollars on the table, there is a concern among importers that submission errors may delay or even halt the refund process. A consensus among those trying to take advantage of substantial tax refunds is that, when asked for assistance with CBMA submissions, CBP representatives have stated that they too have not been trained on the CBMA submissions and cannot provide guidance on the topic until they have received adequate training. Further, with the federal government shutdown, “non-essential” customs employees, which include drawback specialists who should theoretically be in the position to provide guidance, are not available to answer technical submission questions at the most critical stage in the submission process, where importers are scrambling to submit their 2018 protests and post summary corrections before January 31, 2019. Specific challenges to submissions include obtaining foreign supplier sign-off on the assignment certification letters, properly identifying the supplier control group for purposes of calculating both annual production and the assignment allocations bestowed upon multiple importers by one control group (to ensure that the foreign supplier has…
