(a) Ability to transfer merchandise.

1. (1) A party may transfer drawback eligible merchandise or articles to another party, provided that the transferring party:

   1. (i) Imports and pays duties, taxes, and/or fees on such imported merchandise;
   2. (ii) Receives such imported merchandise;
   3. (iii) In the case of 19 U.S.C. 1313(j)(2), receives such imported merchandise, substituted merchandise, or any combination of such imported and substituted merchandise; or
   4. (iv) Receives an article manufactured or produced under 19 U.S.C. 1313(a) and/or (b).

2. (2) The transferring party must maintain records that:

   1. (i) Document the transfer of that merchandise or article;
   2. (ii) Identify such merchandise or article as being that to which a potential right to drawback exists; and
   3. (iii) Assign such right to the transferee (see § 190.82).

(b) Required records. The records that support the transfer must include the following information:

1. (1) The party to whom the merchandise or articles are delivered;
2. (2) Date of physical delivery;
3. (3) Import entry number and entry line item number;
4. (4) Quantity delivered and, for substitution claims, total quantity attributable to the relevant import entry line item number;
5. (5) Total duties, taxes, and fees paid on, or attributable to, the delivered merchandise, and, for substitution claims, total duties, taxes, and fees paid on, or attributable to, the relevant import entry line item number;
6. (6) Date of importation;
7. (7) Port where import entry filed;
8. (8) Person from whom received;
9. (9) Description of the merchandise delivered;
10. (10) The 10-digit HTSUS classification for the designated imported merchandise (such HTSUS number must be from the entry summary line item and other entry documentation for the merchandise); and
11. (11) If the merchandise transferred is substituted for the designated imported merchandise under 19 U.S.C. 1313(j)(2), the 10-digit HTSUS classification of the substituted merchandise (as if it had been imported).