Waiver of Prior Notice

Without a waiver, CBP Form 7553 is due:

• at least 5 working days before an unused merchandise export, after which CBP has 2 working days to decide whether to examine (19 CFR 190.35);
• at least 5 working days before rejected merchandise is returned to CBP custody (190.42(c)); and
• at least 7 working days before a destruction, with CBP answering within 4 (190.71(a)).

An approved waiver removes those notices for unused and rejected merchandise claims, including destructions, which CBP added in 2018 while noting that only an ongoing destruction program is likely to qualify. Without a waiver, the executed Form 7553 is also uploaded within 24 hours of filing the claim.

Claimants under unused merchandise (19 U.S.C. 1313(j)) and rejected merchandise (1313(c)) drawback (19 CFR 190.91(b)(1)). Manufacturing claimants cannot apply; they file no export notices, but the 7-day notice before a destruction still applies to them. A waiver does not require a bond or accelerated payment status: the privileges are separate.

In writing to the drawback office, with the information listed in 19 CFR 190.91(b), a certification that the required records will be kept, and sample documents; CBP routes applications to drawback mailboxes by the first letter of the importer of record's name (CSMS 68577428). CBP considers unpaid debts, the accuracy of past claims, prior revocations and past failures to present goods for examination, and responds within 90 days (190.91(c)). One drawback office's decision binds all of them (190.91(f)), and a successor company keeps the waiver for one year (190.91(a)(3)). CBP can still put a waiver on hold to examine goods (190.91(d)), and can revoke it for good cause, effective 30 days after notice unless you challenge it (190.91(e) and (g)).

If goods were already exported or destroyed without a Form 7553, you can apply for a one-time waiver of prior notice (19 CFR 190.36). It is granted once unless there is good cause, CBP answers within 90 days, and claims can be filed in the meantime but are not paid until it is approved. A waiver under 190.91, by contrast, covers future shipments only.

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