Taxation and State Taxation -- 2020



National Association of Manufacturers v. United States Department of the Treasury   (U.S. Court of International Trade)

Challenging final duty drawback rule

The NAM sued to challenge a federal regulation that strips manufacturers of a congressionally-mandated tax incentive to increase domestic manufacturing and exports. The regulation at issue involves “duty drawback”—the refund of taxes, duties, or fees paid on imported goods when the same or similar goods are exported. By way of example, drawback would allow a distilled spirits company that exports vodka from the United States to claim a refund on taxes and duties paid on the same quantity of imported vodka. These incentives encourage domestic production and have been used by the wine industry since 2004 to increase exports. Despite a clear statutory mandate from congress in 2016 legislation, a recent federal rule disallows certain categories of drawback claims for distilled spirits, wine, beer, and other products. The NAM's lawsuit seeks to invalidate the rule and require a replacement rule that reflects congress’ clear intent in allowing such claims. On January 24, 2020, the court struck down the rule, a major victory for drawback claimants.


Related Documents:
NAM reply brief  (September 23, 2019)
NAM opening brief  (June 24, 2019)
NAM Complaint  (April 17, 2019)