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1 1 (April 30, 2020)

handle is hein.crs/govdaee0001 and id is 1 raw text is: Temporary Deferment of Import Duty Payments April 30,2020 OnApril 18, 2020, President Donald J. Trump issued Execuix e Order 13916 to provide the Secretaiy of the Treasury temporary emergency authority under Section 318(a) of the Tariff Act of 1930 (19 l S. C 13 18(a) as amended) to extend deadlines for certain estimated payments of taxes, duties, and fees for importers suffering significant financial hardship because of COVID- 19. Section 318(a) allows the President to authorize the Secretary of the Treasury to extend payment deadlines during a period of national emergency proclaimed pursuant to the National Emergencies Act. Following the executive order, the Department of the Treasury and U.S. Customs and Border Protection (CBP) iss ued a temporary final rule immediately postponing the deadlines for importers to deposit certain estimated duties, taxes, and fees for 90 days. To qualify for the temporary postponement, an importer's operations must have (1) been fully or partially suspended during March or April 2020 due to orders from a competent governmental authority, and (2) generated gross receipts for March 13-31, 2020 or for April 2020 that were less than 60% of the gross receipts for the comparable period in 2019. The rule does not require importers to file documents proving their eligibility, but does require them to maintain records establishing that they meet the requirements for relief The temporary postponement does not apply to auidwnping duties, countervailing duties, duties assessed under Section 232 of the Trade Expansion Act of 1962, or duties assessed under Sections 201 or 301 of the Trade Act of 1974. The temporary final rule also requires that shippers with both eligible and ineligible products file separate entries for each group of products. While the temporary final rule was immediately effective, Treasury and CBP have uivied public comment on its provisions. Background These executive actions were the latest in several actions taken by CBP on deferments. On March 20, CBP announced that it would grant additional days for payment of estimated duties, taxes, and fees on a case-by-case basis. Opponents of these measures, such as domestic steel producers, the Committee lo Support U.S. 'rade La-vs (CSUSTL), and others, expressed concern that CBP's discretionary policy might grant payment extensions to importers subject to Section 232, antidumping, and countervailing duty orders. CSUSTLurged that CBP must not exercise discretionary authority to facilitate the entry of Congressional ResearchService https://crsreports.congress.gov IN11371 CRS NSGHT Prepared for Membersand C m m: r. oiesof congr ss --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

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