Drawback of Duty. Section 168(1) Provides the legal authority for the granting of a Drawback, by Regulation.
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Provides the legal authority for the granting of a Drawback, by Regulation.
168(2) Specifies the amount to be considered for Drawback, where goods are entered under item 41E of Schedule 4 (ACIS Scheme) and therefore a credit is claimable against the ACIS instrument.
Provides for the Drawback of Customs Duty, however excludes goods that are further manufactured (Reg 131), and second hand goods.
Drawback of Customs Duty is only payable once the goods have been exported.
For the purposes of subregulation (1), goods are secondhand goods if:
(a) after their first importation into Australia, they have been used other than for the purpose of being inspected or exhibited; or
(b) in the case of films that, by direction of an officer, are required to be exhibited, they are, after their first importation into Australia, exhibited other than in accordance with that direction.
129(4) In subregulation (3), ''film'' means cinematograph films or video tapes and includes a positive or negative of a cinematograph film.
Permits Import Duty on goods further manufactured, or incorporated in exported goods, provided the Duty paid goods were not used, other than in the manufacturing or incorporation process.
The goods may be exhibited or demonstrated and still remain eligible for drawback.
Further specification is made that an allowance can be made for losses or waste in the manufacturing process.
Drawback of import duty is not payable on goods if:
(a) the F.O.B. price of the goods at the time of exportation is not more than 25% of the customs value of the goods at the time of importation of the goods; or
(b) the import duty paid on the goods has been refunded.
Drawback of import duty is not payable under regulation 131 on the exportation of specified goods if the import duty paid for the goods has been refunded
Note that specified goods means goods that have been incorporated into or further manufactured with Australian goods.
Drawback of Duty will not be approved unless:
Prior to export the owner gives notification of Intention to claim Drawback; and
The goods are available for examination at a reasonable time
There are records to show that Import Duty has been paid on the goods, together with evidence of receipt and disposal of the goods
A Drawback claim in the approved format is lodged with Customs after export, but no later than 12 months after the day of exportation
There is a minimum of $50.00 claim payable on any single claim, however multiple claim amounts can be combined to exceed the $50.00 claimable.
Further manufactured goods must have notice given to Customs before the manufacture commences. Customs may require supervise manufacture if this does not take place.
The CEO may exempt the prior notification requirements in writing, or may approve the claim without notification being received.
Where a person, being the manufacturer or owner of specified goods within the meaning of regulation 131, has informed the Collector with respect to the goods in accordance with subregulation (2), the Collector may, by notice in writing to the person, require the person:
(a) to cause the manufacture of the goods to take place under the supervision of an officer; or
(b) to cause the subjecting of the goods to a process or to treatment to take place under the supervision of an officer;
as the case may be.
134(4) [Application of paragraph (1)(a)]
Paragraph (1)(a) does not apply in relation to drawback of import duty on the exportation of goods if the CEO:
(a) in writing, exempts an owner from the application of that paragraph; or
(b) approves payment of drawback notwithstanding the fact that the notice of intention was not given to the Collector as required by that paragraph.
The amount of Drawback Claim shall not exceed the amount of Import Duty paid on the goods.
Where the amount of Import Duty claimed is not known by the claimant, the person may claim Drawback based on the formula:
/ P x 3 \
/ ----------- \ R
\ 10 /
P is the price paid for the goods by the person who was the owner of the goods at the time the goods were exported; and
R is the rate of duty within the meaning of section 132 of the Act.
Where goods are imported and exported more than once, the amount to be considered for Drawback of Import Duty is the amount last paid, prior to the export of the goods, for which Drawback is claimed.