[Code of Federal Regulations]

[Title 19, Volume 1]

[Revised as of April 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 19CFR7.4]



[Page 82-83]

 

                        TITLE 19--CUSTOMS DUTIES

 

   CHAPTER I--BUREAU OF CUSTOMS AND BORDER PROTECTION, DEPARTMENT OF 

              HOMELAND SECURITY; DEPARTMENT OF THE TREASURY

 

PART 7_CUSTOMS RELATIONS WITH INSULAR POSSESSIONS AND GUANTANAMO BAY 

NAVAL STATION--Table of Contents

 

Sec.  7.4  Watches and watch movements from U.S. insular possessions.



    (a) The issuance of an International Trade Administration Form ITA-

360, Certificate of Entitlement to Secure the Refund of Duties on 

Watches and Watch Movements, by the Department of Commerce, authorizes a 

producer of watches in the U.S. insular possessions to file requests 

with Customs for the refund of duties paid on imports of watches, watch 

movements (including solid state watches and watch movements), and watch 

parts (excepting separate watch cases and any articles containing any 

materials to which rates of duty set forth in Column 2, Harmonized 

Tariff Schedule of the United States (19 U.S.C. 1202) apply). The amount 

of the refund requested may be up to the



[[Page 83]]



value specified in the certificate, provided that the articles for which 

refunds are requested were entered during a 3-year period beginning 2 

years before the date of issuance of the Form ITA-360 certificate from 

the Department of Commerce.

    (b) The Form ITA-360 may not be used to secure refunds. To secure a 

refund, the party requesting the refund of duties (claimant) must 

present to Customs Form ITA-361, Request for Refund of Duties on Watches 

and Watch Movements, properly executed, and authenticated by the 

Department of Commerce.

    (c) By completing Form ITA-361, the insular producer may either:

    (1) Transfer its entitlement, in whole or in part, to any other 

party for any consideration agreed to by the insular producer and the 

transferee, or

    (2) Request the refund of duties to itself.

    (d) A claimant must file Form ITA-361 with Customs at the same port 

where the watch import entry was originally filed and duties paid. The 

documentation accompanying Form ITA-361 shall include a copy of the 

import entry, providing proof that duty was paid on the watches and 

watch movements.

    (e) When requesting the refund of duties on Form ITA-361, the 

claimant also must complete and submit to Customs the declaration on the 

form which reads as follows:



    I declare that the information given above is true and correct to 

the best of my knowledge and belief; that no notices of exportation of 

articles with benefit of drawback were filed upon exportation of this 

merchandise from the United States; that no liquidated refunds on the 

articles relating to the present claim have been paid; and that no 

protest or request for litigation for refund of duties paid and herewith 

claimed has been made.



    (f) A fee of 1 percent will be deducted from each refund request as 

reimbursement to salaries and expenses of those Customs personnel 

processing the request.

    (g) Form ITA-360 expires 1 year from its date of issuance. Any 

refund request on Form ITA-361 made by either the insular producer 

itself or any transferee named on Form ITA-360 must be filed within this 

1-year period. This expiration date applies equally to all refund 

requests, whether a single request for the entire amount specified in 

the Form ITA-361 certificate or multiple requests for partial amounts. 

Refund requests will be accepted until either the amount specified in 

the certificate is depleted or until the certificate expires 1 year from 

its date of issuance.

    (h) Customs will process only those refund requests made in 

accordance with the joint rules of the Departments of Commerce and the 

Interior governing the issuance and handling of certificates and the 

transfer of entitlements as contained in 15 CFR part 303.



[T.D. 84-16, 49 FR 1481, Jan. 12, 1984, as amended by T.D. 84-211, 49 FR 

39044, Oct. 3, 1984; T.D. 89-1, 53 FR 51252, Dec. 21, 1988. Redesignated 

and amended by T.D. 97-75, 62 FR 46441, Sept. 3, 1997]