19 U.S.C. § 58b — User fee for customs services at certain

Page 9 TITLE 19—CUSTOMS DUTIES § 58b Editorial Notes REFERENCES IN TEXT The sections repealed by subsection (a), referred to in text, means the sections repealed by Pub. L. 95–410, § 214(a), which provided: ‘‘Sections 2654, 4381, 4382, and 4383 of the Revised Statutes of the United States (19 U.S.C. 58 and 46 U.S.C. 329, 330, and 333) are each re- pealed.’’ § 58b. User fee for customs services at certain small airports and other facilities (a) Authorized airports, seaports, or other facili- ties The Secretary of the Treasury shall make cus- toms services available and charge a fee for the use of such customs services at— (1) the airport located at Lebanon, New Hampshire, (2) the airport located at Pontiac/Oakland, Michigan, and (3) any other airport, seaport, or other facil- ity designated by the Secretary of the Treas- ury under subsection (c). (b) Liability for and amount of fee The fee which is charged under subsection (a) shall be paid by each person using the customs services at the airport, seaport, or other facility and shall be in an amount equal to the expenses incurred by the Secretary of the Treasury in providing the customs services which are ren- dered to such person at such airport, seaport, or other facility (including the salary and expenses of individuals employed by the Secretary of the Treasury to provide such customs services). (c) Justification for service The Secretary of the Treasury may designate airports, seaports, and other facilities under this subsection. An airport, seaport, or other facility may be designated under this subsection only if— (1) the Secretary of the Treasury has made a determination that the volume or value of business cleared through such airport, seaport, or other facility is insufficient to justify the availability of customs services at such air- port, seaport, or other facility, and (2) the governor of the State in which such airport, seaport, or other facility is located approves such designation. (d) Failure to pay fee Any person who, after notice and demand for payment of any fee charged under subsection (a), fails to pay such fee shall be guilty of a mis- demeanor and if convicted thereof shall pay a fine that does not exceed an amount equal to 200 percent of such fee. (e) Small airport, seaport, or other facility ac- count; expenditures for services Fees collected by the Secretary of the Treas- ury under subsection (a) with respect to the pro- vision of services at an airport, seaport, or other facility shall be deposited in an account within the Treasury of the United States that is spe- cially designated for such airport, seaport, or other facility. The Secretary of the Treasury is authorized and directed to pay out of any funds available in such account any expenses incurred by the Federal Government in providing cus- toms services at such airport, seaport, or other facility (including expenses incurred for the sal- aries and expenses of individuals employed to provide such services). None of the funds depos- ited into such account shall be available for any purpose other than making payments authorized under the preceding sentence. (f) Customs services for foreign trade zones or subzones For purposes of this section, customs services provided in connection with, or with respect to, any foreign trade zone or subzone that is located at, or in the vicinity of, any airport, seaport, or other facility described in subsection (a) or des- ignated under subsection (c) shall be considered to be customs services provided at such airport, seaport, or other facility. (Pub. L. 98–573, title II, § 236, Oct. 30, 1984, 98 Stat. 2992; Pub. L. 99–190, § 142, Dec. 19, 1985, 99 Stat. 1324; Pub. L. 99–272, title XIII, § 13032, Apr. 7, 1986, 100 Stat. 310; Pub. L. 100–418, title I, § 1905, Aug. 23, 1988, 102 Stat. 1313; Pub. L. 101–207, § 3(c)(2), (f)(1), Dec. 7, 1989, 103 Stat. 1834, 1835.) Editorial Notes AMENDMENTS 1989—Pub. L. 101–207, § 3(f)(1)(C), inserted ‘‘and other facilities’’ after ‘‘airports’’ in section catchline. Subsecs. (a)(3), (b). Pub. L. 101–207, § 3(f)(1)(A), in- serted ‘‘, seaport, or other facility’’ after ‘‘airport’’ wherever appearing. Subsec. (c). Pub. L. 101–207, § 3(f)(1)(A), (B), inserted ‘‘, seaports, and other facilities’’ after ‘‘airports’’ in in- troductory provisions and ‘‘, seaport, or other facility’’ after ‘‘airport’’ wherever appearing. Subsec. (e). Pub. L. 101–207, § 3(f)(1)(A), inserted ‘‘, seaport, or other facility’’ after ‘‘airport’’ wherever appearing. Subsec. (f). Pub. L. 101–207, § 3(c)(2), (f)(1)(A), added subsec. (f) and inserted ‘‘, seaport, or other facility’’ after ‘‘airport’’ in two places. 1988—Subsec. (a)(2), (3). Pub. L. 100–418, § 1905(1)–(3), added par. (2) and redesignated former par. (2) as (3). Subsec. (c). Pub. L. 100–418, § 1905(4), struck out ‘‘20’’ before ‘‘airports’’. 1986—Subsec. (c). Pub. L. 99–272, § 13032(1), made amendment identical to Pub. L. 99–190, substituting ‘‘20 airports’’ for ‘‘4 airports’’. Subsec. (e). Pub. L. 99–272, § 13032(2), substituted last two sentences for former last sentence which read as follows: ‘‘The funds in such account shall only be avail- able, as provided by appropriation Acts, for expendi- tures relating to the provision of customs services at such airport (including expenditures for the salaries and expenses of individuals employed to provide such services).’’ 1985—Subsec. (c). Pub. L. 99–190 substituted ‘‘20 air- ports’’ for ‘‘4 airports’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective on 15th day after Oct. 30, 1984, see section 214(a), (b) of Pub. L. 98–573, set out as an Effec- tive Date of 1984 Amendment note under section 1304 of this title. TRANSFER OF FUNCTIONS For transfer of functions, personnel, assets, and li- abilities of the United States Customs Service of the Department of the Treasury, including functions of the Page 10 TITLE 19—CUSTOMS DUTIES § 58b–1 1 See Rates for Merchandise Processing Fees notes below. Secretary of the Treasury relating thereto, to the Sec- retary of Homeland Security, and for treatment of re- lated references, see sections 203(1), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of Novem- ber 25, 2002, as modified, set out as a note under section 542 of Title 6. For establishment of U.S. Customs and Border Protection in the Department of Homeland Se- curity, treated as if included in Pub. L. 107–296 as of Nov. 25, 2002, see section 211 of Title 6, as amended gen- erally by Pub. L. 114–125, and section 802(b) of Pub. L. 114–125, set out as a note under section 211 of Title 6. § 58b–1. Expenses from fees collected Beginning in fiscal year 1998 and thereafter, such sums as may be necessary for expenses for the provision of Customs services at certain small airports or other facilities when author- ized by law and designated by the Secretary of the Treasury, including expenditures for the sal- ary and expenses of individuals employed to pro- vide such services, to be derived from fees col- lected by the Secretary pursuant to section 58b of this title for each of these airports or other facilities when authorized by law and designated by the Secretary, and to remain available until expended. (Pub. L. 105–61, title I, Oct. 10, 1997, 111 Stat. 1279.) STATUTORY NOTES AND RELATED SUBSIDIARIES TRANSFER OF FUNCTIONS For transfer of functions, personnel, assets, and li- abilities of the United States Customs Service of the Department of the Treasury, including functions of the Secretary of the Treasury relating thereto, to the Sec- retary of Homeland Security, and for treatment of re- lated references, see sections 203(1), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of Novem- ber 25, 2002, as modified, set out as a note under section 542 of Title 6. For establishment of U.S. Customs and Border Protection in the Department of Homeland Se- curity, treated as if included in Pub. L. 107–296 as of Nov. 25, 2002, see section 211 of Title 6, as amended gen- erally by Pub. L. 114–125, and section 802(b) of Pub. L. 114–125, set out as a note under section 211 of Title 6. § 58c. Fees for certain customs services (a) Schedule of fees In addition to any other fee authorized by law, the Secretary of the Treasury shall charge and collect the following fees (subject to adjustment under subsection (l)) for the provision of cus- toms services in connection with the following: (1) For the arrival of a commercial vessel of 100 net tons or more, $397. (2) For the arrival of a commercial truck, $5. (3) For the arrival of each railroad car car- rying passengers or commercial freight, $7.50. (4) For all arrivals made during a calendar year by a private vessel or private aircraft, $25. (5)(A) Subject to subparagraph (B), for the arrival of each passenger aboard a commercial vessel or commercial aircraft from a place outside the United States (other than a place referred to in subsection (b)(1)(A)(i) of this section), $5. (B) For the arrival of each passenger aboard a commercial vessel from a place referred to in subsection (b)(1)(A)(i) of this section, $1.75. (6) For each item of dutiable mail for which a document is prepared by a customs officer (other than an item subject to a fee under sub- section (b)(9)(D)), $5. (7) For each customs broker permit held by an individual, partnership, association, or cor- porate customs broker, $125 per year. (8) For the arrival of a barge or other bulk carrier from Canada or Mexico, $100. (9)(A) For the processing of merchandise that is formally entered or released during any fiscal year, a fee in an amount equal to 0.21 1 percent ad valorem, unless adjusted under subparagraph (B). (B)(i) The Secretary of the Treasury may ad- just the ad valorem rate specified in subpara- graph (A) to an ad valorem rate (but not to a rate of more than 0.21 1 percent nor less than 0.15 percent) and the amounts specified in sub- section (b)(8)(A)(i) (but not to more than $485 nor less than $21) to rates and amounts which would, if charged, offset the salaries and ex- penses that will likely be incurred by the Cus- toms Service in the processing of such entries and releases during the fiscal year in which such costs are incurred. (ii) In determining the amount of any ad- justment under clause (i), the Secretary of the Treasury shall take into account whether there is a surplus or deficit in the fund estab- lished under subsection (f) with respect to the provision of customs services for the proc- essing of formal entries and releases of mer- chandise. (iii) An adjustment may not be made under clause (i) with respect to the fee charged dur- ing any fiscal year unless the Secretary of the Treasury— (I) not later than 45 days after the date of the enactment of the Act providing full-year appropriations for the Customs Service for that fiscal year, publishes in the Federal Register a notice of intent to adjust the fee under this paragraph and the amount of such adjustment; (II) provides a period of not less than 30 days following publication of the notice de- scribed in subclause (I) for public comment and consultation with the Committee on Fi- nance of the Senate and the Committee on Ways and Means of the House of Representa- tives regarding the proposed adjustment and the methodology used to determine such ad- justment; (III) upon the expiration of the period pro- vided under subclause (II), notifies such committees in writing regarding the final determination to adjust the fee, the amount of such adjustment, and the methodology used to determine such adjustment; and (IV) upon the expiration of the 15-day pe- riod following the written notification de- scribed in subclause (III), submits for publi- cation in the Federal Register notice of the final determination regarding the adjust- ment of the fee. (iv) The 15-day period referred to in clause (iii)(IV) shall be computed by excluding—