Duty Drawback – The Devil is in the Details

Duty Drawback, granted under section 313(a) of the Tariff Act of 1930, as amended in 19 U.S.C. Section 1313(a), costs North American business up to 2.4 Billion a year [Source: Neville Peterson LLP] because the process is so convoluted that most business would rather lose the money owed to them then try to navigate through a process which seemingly requires truckloads of paperwork and which can take 6 months or more to resolve. Why is it so difficult? The US has had 224 years to make it so (as it was the second law passed by the first Congress way back in 1789).

Even though the goal of duty drawback is to promote U.S. business development by allowing a company to secure refunds for products that were exported, the government considers this drawback a privilege, and one that has to be earned (through a rigorous filing process).
Duty drawback is further complicated by the fact that claims are not just limited to importers, manufacturers who purchase imported products for use in their manufactured goods that are to be exported and exporters who purchase products made from imported merchandise are also eligible to make drawback claims, because drawback is paid to the exporter (under the assumption that the importer they bought the goods from charged the buyer enough to make a profit, and thus recovered the duty in this way), who has to have proof that the product is eligible for duty drawback. For a product to be eligible, it has to be an imported product on which duty was paid and which was subsequently substantially transformed and then either exported within five years of import, rejected upon import, or unused and exported or destroyed within three years of import.

What is a substantial transformation? It is one that is complicated, requires money and labour, and results in a new and different product, which has a new name, character and usage. Detailed documentation of the process may be required in filing the claim.

To file a claim on the product that was substantially transformed, the filer needs to prove that the resultant product contains an imported product on which duty was paid. This requires an exact paper trail that documents the product, either by batch, lot, or serial number that was consumed and the product that was produced. If the merchandise that was imported is then exported or destroyed within three years in an unused state, the organization is also eligible for drawback. In this situation, the organization will need to keep a paper trail that proves the unused merchandise that was exported or destroyed was the same merchandise that was subject to an import duty. Finally, an organization also has the option of rejecting import merchandise that does not conform to specifications, that was shipped without its consent, or that was determined to be defective, and file a drawback claim on this merchandise, but to do so the merchandise must be returned to customs. Unless the merchandise has no resale value, this is generally not a good option.

Unless the claim is for goods imported from Canada or Mexico under NAFTA, which has its own drawback filing process, the steps involve:

    • applying for a ruling
      this provides an organization with permission to submit a claim, and will generally require that the organization provide a detailed description of the process that demonstrates it substantially transforms the product on which the organization is intending to file a drawback
    • file the claim
      including all of the paperwork required, which, at a minimum will require the following for proof of import

      • Customs Form 7501
      • Commercial Invoice
      • Documentation necessary to support use of products in a substantial transformation manufacturing process
      • Waste summary documentation for any products discarded
      • Certificate of Delivery

and, at a minimum, the following for proof of export

    • export declaration
    • invoice
    • bill of lading
    • purchase orders and receipts from the customer

And it will take time. As the CBP site says be aware the process of filing for drawback can be involved and the time it takes to receive refunds can be lengthy. But if you do a lot of exporting, the cashflow could make even a six month wait worth it.

The Most Important Word In Supplier Relationship Management Is Not What You Think It Is


Today’s guest post is from Joe Payne, Vice President of Professional Services at Source One Management Services, LLC. Joe co-wrote the book on Managing Indirect Spend: Enhancing Profitability through Strategic Sourcing.

It may be an old story, but it is still an important story in any discussion of Supplier Relationship Management (SRM). According to Business Insider, with about six weeks to go before the launch of the iPhone in 2007, an angry Steve Jobs pulled his senior team into an impromptu meeting on a Monday morning. His plastic-screen’d iPhone prototype was scratched, and he demanded a glass screen be fitted to the iPhone. Specifically, he is quoted as saying “I want a glass screen. And I want it perfect in six weeks“.

If you read the Walter Isaacson biography on Jobs, you can imagine a few other words were in those two sentences. But that is not critical to this story.

Here is the important part. Once Apple and Corning perfected the art of cutting glass so intricately on a massive scale, they had two weeks to get the new glass faces on the phones. Their assembler, Foxconn, woke its employees when the first glass shipments arrived in the middle of the night, and arranged for production to run non-stop.
Not every supplier is going to wake its staff in the middle of the night to cater to your needs, but when you maintain a close relationship with them, and firmly establish the ways in which each party is critical to the other’s success, then the proverbial (and in Apple’s case, actual) doors open. This is the critical takeaway from any talk on Supplier Relationship Management: those in-depth relationships with your suppliers can lead to competitive advantages ranging from moving up in that supplier’s priority list to getting first dibs on their innovative practices and products.

The importance of Supplier Relationship Management is not lost on sourcing professionals and the industry at large, but the most important aspect of SRM seems to have been lost; or if not lost, then effectively drowned out by savvy marketers. A Googling of “Supplier Relationship Management” produces more than eight million results, but the first page is dominated by companies selling SRM software. When I googled, seven of the first page’s organic results, and all of the ad space, are dedicated to software solutions. While “Management” is an important aspect of “Supplier Relationship Management”, and having a clear view of your organization’s entire supplier pool is critical to effectively working with them, the value of SRM comes from the “Relationship” portion. Worded another way, no supplier has ever given a customer exclusive access to a new product because that customer put them in a database!

I should probably stop here to note that SRM software is a great way to manage all of your suppliers, and relatively easy to implement across all of them. Relationship-building, by comparison, is an impractical across-the-board practice returning minimal results for maximized efforts for all suppliers outside those producing critical, hard-to-obtain, or otherwise-important materials for your organization.

That said, “Relationship” is the critical term of SRM when dealing with critical suppliers. Period. Supplier relationship software allows you to track purchases, organize data, and better understanding of your organization’s demand for a supplier’s goods — all of which are tactical, short-term measures. Building relationships, on the other hand, is crucial for your organization’s critical suppliers, as it allows you to talk frankly with them and develop the long-term strategies necessary for mutual success. And it provides critical benefits.

So what are those critical benefits? For starters,

Preferential Access to the Supplier — Much like Apple was able to rouse Foxconn’s employees in the dead of night for glass screens, a thoroughly developed relationship with a supplier can gain your organization preferential access to them. The benefits of a healthy relationship can be leveraged to obtain priority access to product capacity, better pricing, and, depending on the supplier and product or service needed, access to the supplier’s best people.

Supply Chain Stability — With a relationship developed between your organization and a supplier, it is possible to talk frankly about their risks. Weather and disaster vulnerability, political events, logistics concerns — anything that could potentially impact the supply of their products to your organization. Additionally, these discussions allow you to get a better understanding of the supplier’s supply chain and the potential hiccups within it. Most importantly, these discussions provide the foundation for your organization and a critical supplier to jointly develop solutions to potential problems, ensuring that a mutually beneficial solution is reached in the creation of a better understanding between the two organizations.

Input Into Innovation — Another area where Apple capitalizes on its strong supplier relationships is in the joint innovation of new technologies, strategies, or processes. The company routinely puts out the cash to fuel a supplier’s development of an improved or revolutionary product or process in exchange for exclusivity. Recent examples include the company’s lockdown of capacitive touch screens following the iPhone’s launch and their joint development of the highly precise lasers used to perforate the aluminum MacBook frames to allow for hidden status lights. Even if your organization lacks the capital to fund supplier improvements, enhanced relationships can still get your organization input into a supplier’s next product, leading to design changes that can lead to more efficient production, or a lower cost, on your side.

Knowing that a partnership can lead to a reduced total cost of goods through shared responsibility, assistance in the product development process through shared expertise, and long-term stability through the forming of a bond with a customer are key incentives that can persuade reluctant suppliers to come onboard and sweeten the relationship on an ongoing basis.

If your supplier is critical, a deep and mutually beneficial relationship with them is critical too.

Thanks, Joe!

It’s an e-Frenzy Out There! Can You Make Sense Of It All?

It’s an e-Frenzy out there! e-Sourcing. e-RFX. e-Procurement. e-Payment. e-Negotiation. e-Procure-to-Pay. e-Invoicing. e-Auction. e-Contract. etc.

The Supply Management solution space is filled with e-Solutions. And, as you might have guessed, they are not all the same. They solve different problems. Some solutions are sub-solutions of other solutions. Some focus purely on the sourcing side of the equation where the products and services are identified and contracted. Some focus purely on the procurement side, where requisitions are placed, purchase orders are placed, products are received, and invoices are processed. Some play on both sides of the sourcing and procurement pond, but only address a few functions from each side.

To help you understand what solution you really need, Sourcing Innovation is hosting a webinar on Making Sense of e- in Sourcing and Procurement: What Solution Do You Really Need?. This webinar, sponsored by the Next Level Purchasing Association (NLPA), taking place next Wednesday, November 20th at 8:30 am PST / 11:30 am EST / 4:30 pm GMT, is for NLPA members only, but basic membership is free. Space is limited, so (if necessary, join the NLPA and) sign up now.

In this webinar on Making Sense of e- in Sourcing and Procurement: What Solution Do You Really Need?, we will clearly define the sourcing and procurement cycle, indicate where each technology falls, outline what each technology does, and indicate the conditions that need to exist for each solution to potentially be appropriate. We will describe the e-Sourcing journey and provide the user with a starting set of questions that they can ask to determine what technologies they need to focus on as they look to acquire new sourcing and procurement technologies to support them in their Supply Management Journey.

Vinimaya: Taking Their Procurement Marketplace Global, Part III

In Part I we noted that since we last covered Vinimaya, the B2B Search Engine that was the the next wave in product catalogue management with their ability to do real-time federated search across all of your supplier databases, catalogues, and punch-outs through a single consumer-like search and shop interface, they have continued building out their base platform, adding (more extensive) auditing capability, workflow-based catalog management, quick-quote (RFX) capability, e-Forms, deep analytics capability, mobile capabilities, and social integration on top of a base platform that supported content management, federated search, powerful connectivity options, personalization and customization, globalization, and an easy to use shopping cart. Then, in Part II, we focused in on their vTransport and their new quick-order and e-Forms functionality, known as vQuote. Today we’re going to dive a little deeper into five of the new capabilities added since our last major review, starting with vQuote.

vQuote
vQuote was specifically designed for the time when multiple bids is the right, or only, option but the situation does not warrant a full-scale sourcing event. For example, unless the organization is bundling the printer cartridge spend with the printers (which is generally NOT a good idea, by the way, since most printer manufacturers make their money off of ink that costs more than blood), running a full sourcing event to award next year’s printer cartridge buy is not worth the effort. Also, many small projects in the public sector, such as network support services at a small local government office, have to go to bid, but aren’t worth full scale sourcing events either. In this case, a quick quote — often to known suppliers already in the system, is typically the way to go. The Vinimaya vQuote solution was designed to make this process as quick, easy, and painless as possible — whether the request for quote was going to existing suppliers in the system or to new suppliers.

Since it was designed specifically for those categories of buys that fit between spot-buy from a catalog and full-fledged sourcing event, Vinimaya was able to streamline the solution significantly. Creating a quote request is as easy as giving a quote a name, specifying line items, selecting suppliers, and providing a due date – which can all be done on a single screen. If the line items are services, a SOW can be attached and quickly sent off. The buyer can see the status of the quote requests on a summary screen, review each quote as it is returned, compare them side-by-side in a summary report, and select a winner just by marking a quote, or line item from a quote, as awarded. It’s as quick and simple as a quoting solution can get and meet the needs of the quoting category they designed for.

vRank
vRank is the ability for a senior buyer or contract manager to ensure that contract items always appear first in the search results, that items from preferred suppliers always appear before items from non-preferred suppliers, and that prohibited items never appear. Basically, the administrator has the ability to assign each item that appears in a search result a rank between 1 (do not include) and 4 (show first), where 3 is (show ahead of other items) and 2 is (normal rank). It’s pretty simple, and it works based on the simple fact that almost half of all people who use search functionality click on the first link that is returned. (Recent Google statistics indicate that a whopping 47% of searchers click on the first search result.) The ranks can be applied to individual items or suppliers, with item ranks overriding supplier ranks). In addition, these ranks can be defined in real-time on every search and will take effect immediately on all future searches. This allows an administrator to define priorities as needed based upon what users are actually searching for and buying, saving a lot of up-front configuration to define ranks for products that might not even be searched for!

vCatalog
vCatalog updates the capability Vinimaya has always had to manage local catalogs in a manner that pushes all of the work back on the supplier. With vCatalog, a supplier that is not technical enough to, or that does not want to, maintain a punch-out or other on-line catalog can upload their entire catalog to the buyer through a web portal. The catalog file is completely validated, and any errors are pushed back to the supplier, with specific details on the error, for correction before it is allowed to be pushed to production.

vAudit
vAudit is what allows a buying organization to take advantage of vendor managed catalogs with confidence. It continuously monitors products and pricing from punch-out, vCatalog, and web-db suppliers to make sure that prices are compliant with contracted prices or original quotes. As soon as a price is detected that is above the contracted price, the appropriate buyer representative is alerted to the issue. The system can be configured in three different ways:

  1. block a purchase for a product over the contract amount
  2. allow the checkout to proceed, but don’t send the PO to the supplier until the price is corrected
    (and alert an administrator to contact the supplier to get the price fixed)
  3. allow the checkout to proceed at the current price, but tag the item for proactive cost recovery

With the vAudit solution, it’s quick and painless to retrieve a report of all items bought above contract or quoted price in a given timeframe, and just as simple to break it down by supplier to allow the AP department to go after suppliers for money owed.

vAnalytics
vAnalytics is Vinimaya’s new reporting engine that was designed to provide Procurement Directors with an understanding of what people were buying and how they were selecting the items they were buying. With the understanding that the purchase process cannot be optimized without a good understanding of shopper behaviour, Vinimaya built a platform that allowed a Procurement Director to understand not only the the top purchases, the top suppliers, and the top buyers, but also the top search terms, the items they led to, the failed search terms, and the actions the buyer took on a failed search.

vAnalytics, which includes a report builder, has all of the standard reporting package features you would expect in a Procurement reporting system and allows reports to be created by supplier, buyer, item, and even checkout process. Common report types include unique users, spend by supplier, line items by supplier, utilization by search time, and out of compliance check-outs (if they are permitted). Since these reports are against real-time data (and not cached in an OLAP system), some can take a few minutes to run, but those restricted to a single-user or supplier will typically be quite responsive. And, of course, all data in the entire Vinimaya platform is exportable.

Vinimaya has also made advancements in mobile and social, but these enhancements will be the subject of a future post on the Vinimaya Global Procurement Marketplace.