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B-114898 1 (1973-06-25)

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            ~Sfl~AcT N ot to be regesed outside thio G
       Accou ht ha O ffice  exce  t  n th   basis  of  5lsec M ap  X
       by the Offce of Congressonal Reations,

               COMPTROLLER GENERAL OF THE UNITED STATES
        SRULEASED      WASHINGTON. D.C. 20548



B-114898                                  JUN    973



The Honorable Russell B. Long
Chairman, Committee on Finance,
United States Senate

Dear Mr. Chairman:

     Section 313 of the T-a;i-ff-At_,-fl&0 , as amended
(19 U.S.C. 1313), provides for the refund of duty (drawback)
on exports of items manufactured from duty-paid imported mate-
rial or like domestic material substituted for duty-paid im-
ported material. This provision is dqsignd4toe.q__age
ex p.qrt 1% y rec b , ,oerigduwie so on exportswhich compete with
gdomestic material
f-4rmp- xte_t24.mat.j r.ial, to avoid the administrative problems
involved in keeping separate records for imported and domestic
materials. The Bureau of Customs, Department of the Treasury,
is responsible for administering section 313.

     Our review of dr wb-a,,c_. y.ae O    poredpetroleum
products showed that refunds were being made for petroleum
products exported under programs of the Agency for Inter-
national Development (AID) e.not
copeewith foreign petroleum products.

     The F                              as amended (22 U.S.C.
2151), states that, whenever practicable, foreign assistance
shall consist of U.S. products. Also sales to foreign govern-
ments are made under AID agreements which generally include
provisions that virtually preclude foreign competition. There-
fore we believe that products exported under AIDhprogams
should be ineligible for drawback payments.

     Statistics published by AID show that, during fiscal year
1971, AID also financed through grants and loans the procure-
ment of numerous products,. such asaluminum, chemicals, and
steel, on which drawback was paid. We did not attempt to de-
termine the amount of drawback payments made for exports un-
der AID programs, but we believe that such payments could be
substantial. One drawback claim, filed in August 1970 for
exports of petroleum products from one refinery, amounted to
about $1.2 million, of which $49,000, or about 4 percent, was
for exports under AID programs. Total drawback payments for

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