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092398 1 (1972-03-30)

handle is hein.gao/gaobacwhf0001 and id is 1 raw text is: 



                      UNITED  TATES GENERAL  ACCOUNTING OFFICE,
                               YWASHINGTON, D.C. 20548

CIVIL DIViSION


                                                           MAR  3 01972






                                                           LM0092398

        Dear Mr. Rains:      I

             As part of our review of drawback payments on exported petroleum   (
        products, we reviewed drawback claims submitted by the Humble Oil and
        Refining Company,  We noted that these drawback claims may have
        included claims for drawback on substantial quantities of lubricating
        oil sold to an agency of the U.S. Government.

             Section 313(b) of the Tariff Act of 1930, as amended (19 U.S.C.
        1313) provides for the refund of duty (drawback) upon the exportation
        of items manufactured from duty-paid imported material or like material
        substituted for imported material.  It is our understanding that this
        provision of law is designed to encourage exports by permitting the
        recovery of duties on products which compete with foreign made goods
        and, by permitting the substitution of like material for imported
        materials, avoid the administrative problems which would be involved
        in keeping separate records for imported and domestic materials.

        Sales to the U.S. Government

             Customs regulations  (19 CFR 22.42) provides that manufacturers may
        claim drawback on articles sold to an agency of the U.S. Government
        only if the claim is accompanied by a certificate signed by an official
        of the purchasing agency stating that the right to drawback was reserved
        by the supplier with the knowledge and consent of the agency.  We were
        informed by a Bureau of Customs official that the purpose of this
        requirement is to prevent manufacturers from recovering duties both in
        the price charged to the purchasing agency and in a drawback payment
        A Humble official advised us that Humble had not reserved the right to
        drawback for any of its sales to the Government.

             Many of the documents supporting recent drawback claims by Humble
        Oil and Refining Company for petroleum products shipped to Southeast
        Asia did not show a consignee or showed a Humble subsidiary as the
        consignee.  Some of the documents contained information, however, such

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