US (United States) Code. Title 19. Chapter 1: Collection districts, ports and officers

Codificación normativa de EEUU (Estados Unidos) Legislación Federal estadounidense # Custom duties

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-CITE-

19 USC CHAPTER 1 - COLLECTION DISTRICTS, PORTS, AND

OFFICERS 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 1 - COLLECTION DISTRICTS, PORTS, AND OFFICERS

.

-HEAD-

CHAPTER 1 - COLLECTION DISTRICTS, PORTS, AND OFFICERS

-MISC1-

Sec.

1. Organization of customs service.

2. Rearrangement and limitation of districts; changing locations.

3. Superintendence of collection of import duties.

4 to 5a. Omitted or Repealed.

6. Designation of customs officers for foreign service; status;

rejection of designated customs officer; applicability of civil

service laws.

6a to 6d. Repealed.

6e. Overtime compensation based on standard or daylight saving

time.

7 to 51. Repealed.

52. Payment of compensation and expenses.

53 to 58. Repealed.

58a. Fees for services of customs officers.

58b. User fee for customs services at certain small airports and

other facilities.

(a) Authorized airports, seaports, or other

facilities.

(b) Liability for and amount of fee.

(c) Justification for service.

(d) Failure to pay fee.

(e) Small airport, seaport, or other facility

account; expenditures for services.

(f) Customs services for foreign trade zones or

subzones.

58b-1. Expenses from fees collected.

58c. Fees for certain customs services.

(a) Schedule of fees.

(b) Limitations on fees.

(c) Definitions.

(d) Collection.

(e) Provision of customs services.

(f) Disposition of fees.

(g) Regulations and enforcement.

(h) Omitted.

(i) Effect on other authority.

(j) Effective dates.

(k) Advisory committee.

59. Repealed.

60. Penalty for extortion.

61 to 63. Repealed.

64. Laws imposing fines applicable to persons acting under customs

laws.

66. Rules and forms prescribed by Secretary.

67. Repealed.

68. Enforcement of customs and immigration laws in Guam and the

Virgin Islands and along Canadian and Mexican borders;

cooperation by Secretary of the Treasury and Attorney General;

erection of buildings.

69. Erection of protective gates and fences across and around roads

crossing borders.

70. Obstruction of revenue officers by masters of vessels.

-CITE-

19 USC Sec. 1 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 1 - COLLECTION DISTRICTS, PORTS, AND OFFICERS

-HEAD-

Sec. 1. Organization of customs service

-STATUTE-

Except as hereinafter provided the reorganization of the customs

service made by the President and communicated to Congress under

date of March 3, 1913, shall, until otherwise provided by Congress,

constitute the permanent organization of the customs service.

-SOURCE-

(Aug. 24, 1912, ch. 355, 37 Stat. 434.)

-COD-

CODIFICATION

Section was superseded in part by section 2071 et seq. of this

title.

-MISC3-

PRIOR PROVISIONS

This was a provision of the sundry civil appropriation act for

the fiscal year 1913. Prior to its incorporation into the Code, it

read as follows: ''The President is authorized to reorganize the

customs service and cause estimates to be submitted therefor on

account of the fiscal year nineteen hundred and fourteen bringing

the total cost of said service for said fiscal year within a sum

not exceeding $10,150,000 instead of $10,500,000, the amount

authorized to be expended therefor on account of the current fiscal

year nineteen hundred and twelve; in making such reorganization and

reduction in expenses he is authorized to abolish or consolidate

collection districts, ports, and subports of entry and delivery, to

discontinue needless offices and employments, to reduce excessive

rates of compensation below amounts fixed by law or Executive

order, and to do all such other and further things that in his

judgment may be necessary to make such organization effective and

within the limit of cost herein fixed; such reorganization shall be

communicated to Congress at its next regular session and shall

constitute for the fiscal year nineteen hundred and fourteen and

until otherwise provided by Congress the permanent organization of

the customs service.'' Such of the foregoing provisions as were not

carried into the Code were omitted as temporary and executed.

The plan of reorganization, with an estimate of the expenses of

the same, was communicated by the President to Congress by Message

dated March 3, 1913, as follows:

''Message from the President of the United States, Transmitting

Plan of Reorganization of the Customs Service and Detailed Estimate

of Expenses of the Same.

''To the Senate and House of Representatives:

''Whereas, by virtue of the provision of chapter 355 of the acts

of 1912, approved August 24, 1912, being 'An act making

appropriations for sundry civil expenses of the Government for the

fiscal year ending June thirtieth, nineteen hundred and thirteen,

and for other purposes,' I was authorized to reorganize the customs

service and cause estimates to be submitted therefor on account of

the fiscal year 1914, reducing the total cost of said service for

said fiscal year by an amount not less than $350,000, and I was

further authorized in making such reorganization and reduction in

expenses to abolish or consolidate collection districts, ports and

subports of entry and delivery, to discontinue needless offices and

employments, to reduce excessive rates of compensation below

amounts fixed by law or Executive order, and to do all such other

and further things that in my judgment may be necessary to make

such reorganization effective and within the said limit of cost;

and

''Whereas, it was further provided that such reorganization

should be communicated to Congress at its next regular session and

should constitute for the fiscal year 1914, and until otherwise

provided by Congress, the permanent organization of the customs

service: Now, therefore,

''It is hereby ordered and communicated that the following plan

shall be the organization of the customs service for the said

fiscal year 1914, and unless otherwise provided by Congress the

permanent organization of the customs service:

''I. CUSTOMS DISTRICTS

''In lieu of all customs-collection districts, ports, and

subports of entry and ports of delivery now or heretofore existing

there shall be 49 customs-collection districts with district

headquarters and port of entry as follows:'' (The

customs-collection districts, ports, and subports of entry and

ports of delivery enumerated in the President's message to Congress

have been changed since the date of the message and the districts

and their boundaries and ports of entry are subject to further

changes under section 2 of this title.)

''II. The use of the terms 'port of delivery' and 'subport of

entry' is hereby discontinued, and all ports of entry, subports of

entry, and ports of delivery not above specifically mentioned as

ports of entry, are hereby abolished.

''III. The privileges of the first and seventh sections of the

act of June 10, 1880, commonly known as the 'immediate

transportation act' shall remain as heretofore existing with

respect to the ports of entry above mentioned.

''IV. There shall be one collector of customs for each of the

customs collection districts above established, who shall receive

the compensation hereafter set forth, which shall constitute all

the compensation and emoluments to be received by him and which

shall be in lieu of all fees, commissions, salaries, or other

emoluments of any name or nature (including the right to charge for

blank manifests and clearances under the provisions of section 2648

of the Revised Statutes) heretofore received by or allowed to him.

''All moneys collected or received by such collectors of customs

in their official capacities, whether as fees, storage,

commissions, or from the sale of blank forms or otherwise, shall be

covered into the Treasury.

''V. Such collectors shall maintain their principal offices at

the headquarters of their respective districts, with the exception

of the collectors for the districts of Virginia, Minnesota, and

Duluth and Superior, who shall maintain a principal office at both

Newport News and Norfolk, and at both St. Paul and Minneapolis, and

at both Duluth and Superior, respectively.

''VI. The collector of customs or the surveyor of customs (if

there be no collector) for any district heretofore existing in

which the port above mentioned as the headquarters of a district

hereby created is located shall continue to hold office as the

collector of customs for such new district under his existing

commission, or if the port so designated as the headquarters of any

district hereby created by an independent port of delivery the

collector or surveyor (if there be no collector) shall continue to

hold office as the collector of customs for such new district under

his existing commission, and the terms of office of all other

collectors of customs, and the terms of office of all other

surveyors of customs, except the surveyors of customs at the ports

of Portland, Me., Boston, Mass., New York, N.Y., Philadelphia, Pa.,

Baltimore, Md., New Orleans, La., and San Francisco, Cal., shall

cease and determine upon this reorganization going into effect.

''VII. The Secretary of the Treasury may appoint a deputy

collector to have charge of each port of entry, who shall perform

such duties and receive such compensation as the Secretary of the

Treasury shall determine.

''VIII. The Secretary of the Treasury is hereby authorized to

prescribe uniform blank forms to be used in connection with the

entry and clearance of merchandise, and to cause such forms to be

printed and to be kept on sale at the various ports of entry as he

may direct, the net proceeds of such sales to be covered into the

Treasury.

''IX. Merchandise shall not be entered or delivered from customs

custody elsewhere than at one of the ports of entry hereinbefore

designated, except at the expense of the parties in interest, upon

express authority from the Secretary of the Treasury and under

conditions to be prescribed by him. When it shall be made to

appear to the Secretary of the Treasury that the interests of

commerce or the protection of the revenue so require, he may cause

to be stationed at places in the various collection districts,

though not named as ports of entry, officers or employees of the

customs with authority to enter and clear vessels, to accept

entries of merchandise, to collect duties, and to enforce the

various provisions of the customs and navigation laws.

''X. All persons now in the classified civil service whose

employment may be discontinued by reason of this reorganization

shall be retained upon the list of eligibles for appointment to

fill any vacancies hereafter occurring in the customs service.

''XI. The notice of dissatisfaction and protest provided for by

subsections 13 and 14 of section 28 of the act approved August 5,

1909, shall be deemed to be finally abandoned and waived unless

within 30 days from the date of filing thereof the person who filed

such notice or protest shall deposit with the collector of customs

a fee of $1 with respect to each appraisement, entry, or payment

objected to. Such fee shall be deposited and accounted for as

'Miscellaneous receipts,' and in case the notice of dissatisfaction

or protest in connection with which such fee was deposited shall be

finally sustained in whole or in part, such fee shall be refunded

to the importer, with the duties found to be collected in excess,

from the appropriation for the refund to importers of excess of

deposits.

''Attached hereto is a detailed estimate of the expenses of the

customs service under the reorganization above provided. (Omitted

as not permanent, and in any event superseded by section 6 of this

title.)

''Done at Washington, D.C., this 3d day of March, 1913.

''Wm. H. Taft.''

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions, personnel, assets, and liabilities of

the United States Customs Service of the Department of the

Treasury, including functions of the Secretary of the Treasury

relating thereto, to the Secretary of Homeland Security, and for

treatment of related 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 November 25, 2002, as

modified, set out as a note under section 542 of Title 6.

REORGANIZATION PLAN NO. 1 OF 1965

EFF. MAY 25, 1965, 30 F.R. 7035, 79 STAT. 1317

Prepared by the President and transmitted to the Senate and the

House of Representatives in Congress assembled, March 25, 1965,

pursuant to the provisions of the Reorganization Act of 1949, 63

Stat. 203, as amended (see 5 U.S.C. 901 et seq.).

BUREAU OF CUSTOMS

-MISC5-

SECTION 1. ABOLITION OF OFFICES

All offices in the Bureau of Customs of the Department of the

Treasury of collector of customs, comptroller of customs, surveyor

of customs, and appraiser of merchandise to which appointments are

required to be made by the President, by and with the advice and

consent of the Senate, are abolished. The foregoing provisions

shall become effective with respect to each office abolished

thereby at such time, not later than December 31, 1966, as the

Secretary of the Treasury shall specify, but nothing herein shall

empower the Secretary to increase the term of any office beyond

that provided by law for such office or affect his authority under

the first paragraph under the heading ''TREASURY DEPARTMENT''

appearing in the Act of March 2, 1895 (ch. 187, 28 Stat. 844; 5

U.S.C. 252) (31 U.S.C. 309), to retain in office, prior to December

31, 1966, those persons whose offices are to be terminated under

this reorganization plan.

SEC. 2. TRANSFER OF FUNCTIONS

There are transferred to the Secretary of the Treasury the

functions, if any, that have been vested by statute in officers,

agencies, or employees of the Bureau of Customs of the Department

of the Treasury since the effective date of Reorganization Plan No.

26 of 1950 (64 Stat. 1280).

SEC. 3. PRESERVATION OF REMEDIES

The abolition of offices herein shall not prejudice any right to

protest or to appeal to the United States Customs Court any action

taken in the administration of the customs laws.

SEC. 4. INCIDENTAL PROVISIONS

Consonant with section 4 of the Reorganization Act of 1949, as

amended (see 5 U.S.C. 904) and this reorganization plan, the

Secretary of the Treasury shall make such provisions as he shall

deem necessary respecting (1) the transfer or other disposition of

the records, property, personnel, and unexpended balances of

appropriations, allocations, and other funds, available or to be

made available, which are affected by a reorganization contained in

this reorganization plan; and (2) the winding up of the affairs of

any officer whose office is abolished by the provisions of this

reorganization plan.

MESSAGE OF THE PRESIDENT

To the Congress of the United States:

All that we do to serve the people of this land must be done, as

has been my insistent pledge, with the least cost and the most

effectiveness.

In my state of the Union message, I announced it was this

administration's intention to ''reshape and reorganize'' the

executive branch. This goal had one objective: ''to meet more

effectively the tasks of today.''

I report today now one step taken forward toward that goal as

part of our progress ''on new economies we were planning to make.''

I submit today a plan for reorganization in the Bureau of Customs

of the Department of the Treasury.

At present the Bureau maintains 113 independent field offices,

each reporting directly to Customs headquarters in Washington, D.C.

Under a modernization program of which this reorganization plan is

an integral part, the Secretary of the Treasury proposes to

establish six regional offices to supervise all Customs field

activities. The tightened management controls achieved from these

improvements will make possible a net annual saving of $9 million

within a few years.

An essential feature will be the abolition of the offices of all

Presidential appointees in the Customs Service. The program cannot

be effectively carried out without this step.

The following offices, therefore, would be eliminated: Collectors

of customs, comptrollers of customs, surveyors of customs, and

appraisers of merchandise, to which appointments are now required

to be made by the President by and with the advice and consent of

the Senate.

Incumbents of abolished offices will be given consideration for

suitable employment under the civil service laws in any positions

in customs for which they may be qualified.

When this reorganization is completed, all officials and

employees of the Bureau of Customs will be appointed under the

civil service laws.

All of the functions of the offices which will be abolished are

presently vested in the Secretary of the Treasury by Reorganization

Plan No. 26 of 1950 which gives the Secretary power to redelegate

these functions. He will exercise this power as the existing

offices are abolished.

The estimate of savings that will be achieved by the program of

customs modernization and improvement, of which this reorganization

plan is a part, is based on present enforcement levels, business

volume, and salary scales. Of the amounts saved, approximately $1

million a year will be from salaries no longer paid because of the

abolition of offices.

The proposed new organizational framework looks to the

establishment of new offices at both headquarters and field levels

and abolition of present offices.

This results in a net reduction of more than 50 separate

principal field offices by concentration of supervisory

responsibilities in fewer officials in charge of regional and

district activities. In addition to the six offices of regional

commissioner, about 25 offices of district director will be

established. The regional commissioners and district directors

will assume the overall principal supervisory responsibilities and

functions of collectors of customs, appraisers of merchandise,

comptrollers of customs, laboratories, and supervising customs

agents.

At the headquarters level, four new offices will be established

to replace seven divisions. A new position of special assistant to

the Commissioner will be created and charged with responsibility

for insuring that all Customs employees conduct themselves in

strict compliance with all applicable laws and regulations. Up to

now this function has been one of a number lodged with an existing

division.

After investigation I have found and hereby declare that each

reorganization included in Reorganization Plan No. 1 of 1965 is

necessary to accomplish one or more of the purposes set forth in

section 2(a) of the Reorganization Act of 1949, as amended.

It should be emphasized that abolition by Reorganization Plan No.

1 of 1965 of the offices of collector of customs, comptroller of

customs, surveyor of customs, and appraiser of merchandise will in

no way prejudice any right of any person affected by the laws

administered by the Bureau of Customs. The rights of importers and

others, for example, before the Customs Court, arising out of the

administration of such functions will remain unaffected. In

addition it should be emphasized that all essential services to the

importing, exporting, and traveling public will continue to be

performed.

This reorganization plan will permit a needed modernization of

the organization and procedure of the Bureau of Customs. It will

permit a more effective administration of the customs laws.

I urge the Congress to permit Reorganization Plan No. 1 of 1965

to become effective. Lyndon B. Johnson.

The White House, March 25, 1965.

-CITE-

19 USC Sec. 2 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 1 - COLLECTION DISTRICTS, PORTS, AND OFFICERS

-HEAD-

Sec. 2. Rearrangement and limitation of districts; changing

locations

-STATUTE-

The President is authorized from time to time, as the exigencies

of the service may require, to rearrange, by consolidation or

otherwise, the several customs-collection districts and to

discontinue ports of entry by abolishing the same or establishing

others in their stead. The President is authorized from time to

time to change the location of the headquarters in any

customs-collection district as the needs of the service may

require.

-SOURCE-

(Aug. 1, 1914, ch. 223, 38 Stat. 623; May 29, 1928, ch. 901, Sec.

1(19), 45 Stat. 987; Pub. L. 91-271, title III, Sec. 302, June 2,

1970, 84 Stat. 291.)

-MISC1-

AMENDMENTS

1970 - Pub. L. 91-271 struck out provisions limiting the number

of customs-collection districts and ports of entry to those

established and authorized as of Aug. 1, 1914, except as thereafter

provided by law, and provisions requiring the collector of customs

of each customs-collection district to be officially designated by

the number of the district for which appointed.

1928 - Act May 29, 1928, provided for discontinuance of the

statement or report as required by a proviso at end of section

which read as follows: ''That the President shall, at the beginning

of each regular session, submit to Congress a statement of all

acts, if any, done under the provisions of this section and the

reasons therefor.''

EFFECTIVE DATE OF 1970 AMENDMENT

Amendment by Pub. L. 91-271 effective with respect to articles

entered, or withdrawn from warehouse for consumption, on or after

Oct. 1, 1970, and such other articles entered or withdrawn from

warehouse for consumption prior to such date, or with respect to

which a protest has not been disallowed in whole or in part before

Oct. 1, 1970, see section 203 of Pub. L. 91-271, set out as a note

under section 1500 of this title.

-TRANS-

TRANSFER OF FUNCTIONS

All offices of collector of customs, comptroller of customs,

surveyor of customs, and appraiser of merchandise in Bureau of

Customs of Department of the Treasury to which appointments were

required to be made by President with advice and consent of Senate

ordered abolished, with such offices to be terminated not later

than December 31, 1966, by Reorg. Plan No. 1 of 1965, eff. May 25,

1965, 30 F.R. 7035, 79 Stat. 1317, set out as a note under section

1 of this title.

Functions of all officers of Department of the Treasury, and

functions of all agencies and employees of such Department

transferred, with certain exceptions, to Secretary of the Treasury,

with power vested in him to authorize their performance or

performance of any of his functions, by any of such officers,

agencies, and employees, by Reorg. Plan No. 26 of 1950, Sec. 1, 2,

eff. July 31, 1950, 15 F.R. 4935, 64 Stat. 1280, set out in the

Appendix to Title 5, Government Organization and Employees.

DELEGATION OF FUNCTIONS

For delegation to Secretary of the Treasury of authority vested

in President by this section, see Ex. Ord. No. 10289, Sec. 1(a),

Sept. 17, 1951, 16 F.R. 9499, set out as a note under section 301

of Title 3, The President.

-MISC5-

CUSTOMS DISTRICTS AND PORTS OF ENTRY

An alphabetical index of ports of entry is contained in Schedule

D of the Harmonized Tariff Schedule. See Publication of Harmonized

Tariff Schedule note set out under section 1202 of this title.

For list of international airports of entry, see section 6.13 of

Part 6 of Chapter 1, United States Customs Service, of Title 19,

Customs Duties, of the Code of Federal Regulations.

VIRGINIA INLAND PORT; WITHDRAWAL OF DESIGNATION AS CUSTOMS SERVICE

PORT OF ENTRY PROHIBITED

Pub. L. 104-52, title V, Sec. 512, Nov. 19, 1995, 109 Stat. 492,

provided that: ''Notwithstanding any provision of this or any other

Act, during the fiscal year ending September 30, 1996, and

thereafter, no funds may be obligated or expended in any way to

withdraw the designation of the Virginia Inland Port at Front

Royal, Virginia, as a United States Customs Service port of

entry.''

(For transfer of functions, personnel, assets, and liabilities of

the United States Customs Service of the Department of the

Treasury, including functions of the Secretary of the Treasury

relating thereto, to the Secretary of Homeland Security, and for

treatment of related 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 November 25, 2002, as

modified, set out as a note under section 542 of Title 6.)

COLUMBIA-SNAKE CUSTOMS DISTRICT

Pub. L. 98-573, title II, Sec. 238, Oct. 30, 1984, 98 Stat. 2993,

directed Commissioner of United States Customs Service to establish

a customs district known as Columbia-Snake Customs District.

PEMBINA, NORTH DAKOTA, CUSTOMS DISTRICT; CHANGE IN BOUNDARIES

PROHIBITED WITHOUT CONGRESSIONAL CONSENT

Pub. L. 93-245, ch. X, Sec. 1000, Jan. 3, 1974, 87 Stat. 1083,

prohibited use of funds to change boundaries of Pembina, North

Dakota Customs District (Region IX), without consent of certain

Congressional committees.

-CITE-

19 USC Sec. 3 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 1 - COLLECTION DISTRICTS, PORTS, AND OFFICERS

-HEAD-

Sec. 3. Superintendence of collection of import duties

-STATUTE-

The Secretary of the Treasury shall direct the superintendence of

the collection of the duties on imports as he shall judge best.

-SOURCE-

(R.S. Sec. 249.)

-COD-

CODIFICATION

R.S. Sec. 249 derived from act May 8, 1792, ch. 37, Sec. 6, 1

Stat. 280.

Section, prior to its incorporation into the Code, contained the

words ''and tonnage,'' after ''duties on imports''. These words

were omitted as superseded by section 3 of Title 46, Appendix,

Shipping, which charged the Chief of the Bureau of Navigation and

Steamboat Inspection with the execution of the laws relating to the

collection of the tonnage tax.

-MISC3-

ANALYSIS REGARDING CES PROGRAM; EFFECT ON IMPLEMENTATION OF PROGRAM

Pub. L. 100-203, title IX, Sec. 9501(c), Dec. 22, 1987, 101 Stat.

1330-380, as amended by Pub. L. 103-182, title VI, Sec. 691(b)(1),

Dec. 8, 1993, 107 Stat. 2224, provided that:

''(1) The Comptroller General of the United States shall conduct

a comprehensive analysis, including a cost-benefit study, of the

centralized cargo examination station (CES) concept from the

perspective of both the United States Customs Service and business

community users. The analysis shall be submitted on the same day

to the Committee on Ways and Means of the House of Representatives

and the Committee on Finance of the Senate (hereinafter in this

subsection referred to as the 'Committees') not later than March

30, 1988, and shall include recommendations as to how best to

implement cargo inspection procedures.

''(2) The United States Customs Service -

''(A) may not, after the date of the enactment of this Act

(Dec. 22, 1987), establish any new centralized cargo examination

station at any ocean port, airport, or land border location

unless the Customs Service provides to the Committees advance

notice, in writing, of not less than 90 days regarding the

proposed establishment; and

''(B) shall, on such date of enactment, suspend operations at

each centralized cargo examination station that was operating at

an airport on the day before such date until the 90th day after a

date -

''(i) that is not earlier than the date on which the analysis

required under paragraph (1) is submitted to the Committees,

and

''(ii) on which the Customs Service provides to the

Committees notice, in writing, that it intends to resume such

operations at the station.

During the period of suspension of operations under subparagraph

(B) at any centralized cargo examination station at an airport, the

Secretary of the Treasury shall maintain customs operations and

staffing at that airport at a level not less than that which was in

effect immediately before the suspension took effect.

''(3) The Commissioner of Customs is authorized to obtain from

the operators of centralized cargo examination stations information

regarding the fees paid to them for the provision of services at

these stations.''

(For transfer of functions, personnel, assets, and liabilities of

the United States Customs Service of the Department of the

Treasury, including functions of the Secretary of the Treasury

relating thereto, to the Secretary of Homeland Security, and for

treatment of related 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 November 25, 2002, as

modified, set out as a note under section 542 of Title 6.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 6 section 212.

-CITE-

19 USC Sec. 4 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 1 - COLLECTION DISTRICTS, PORTS, AND OFFICERS

-HEAD-

Sec. 4. Omitted

-COD-

CODIFICATION

Section, act Mar. 4, 1923, ch. 251, Sec. 1, 42 Stat. 1453,

related to appointment, compensation, and qualifications of

director and assistant directors of customs. See sections 2071 to

2073 of this title.

-CITE-

19 USC Sec. 5, 5a 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 1 - COLLECTION DISTRICTS, PORTS, AND OFFICERS

-HEAD-

Sec. 5, 5a. Repealed. Pub. L. 91-271, title III, Sec. 321(a), (b),

June 2, 1970, 84 Stat. 293

-MISC1-

Section 5, R.S. Sec. 2613, act Sept. 21, 1922, ch. 356, title IV,

Sec. 523, 42 Stat. 974, provided that collectors, comptrollers, and

surveyors be appointed for four year terms.

Section 5a, act July 5, 1932, ch. 430, title I, 47 Stat. 584,

abolished, except at the Port of New York, the offices of surveyor

and appraiser, and those of their assistants and deputies, and

transferred the duties of such officers to such persons as

designated by the Secretary of the Treasury.

EFFECTIVE DATE OF REPEAL

Repeal effective with respect to articles entered, or withdrawn

from warehouse for consumption, on or after Oct. 1, 1970, and such

other articles entered or withdrawn from warehouse for consumption

prior to such date, or with respect to which a protest has not been

disallowed in whole or in part before Oct. 1, 1970, see section 203

of Pub. L. 91-271, set out as an Effective Date of 1970 Amendment

note under section 1500 of this title.

-CITE-

19 USC Sec. 6 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 1 - COLLECTION DISTRICTS, PORTS, AND OFFICERS

-HEAD-

Sec. 6. Designation of customs officers for foreign service;

status; rejection of designated customs officer; applicability

of civil service laws

-STATUTE-

Any officer of the customs service designated by the Secretary of

the Treasury for foreign service, shall, through the Department of

State, be regularly and officially attached to the diplomatic

missions of the United States in the countries in which they are to

be stationed, and when such officers are assigned to countries in

which there are no diplomatic missions of the United States,

appropriate recognition and standing with full facilities for

discharging their official duties shall be arranged by the

Department of State. The Secretary of State may reject the name of

any such officer whose assignment to the foreign post for which he

has been designated would, in his judgment, be prejudicial to the

public policy of the United States. The appointment of such customs

officers shall be made pursuant to the civil service laws and

regulations upon the nomination of the principal officer in charge

of the office to which such appointments are to be made.

-SOURCE-

(Mar. 4, 1923, ch. 251, Sec. 2, 42 Stat. 1453; Jan. 13, 1925, ch.

76, 43 Stat. 748; May 28, 1926, ch. 411, Sec. 1, 44 Stat. 669; June

17, 1930, ch. 497, title IV, Sec. 518, 649, 46 Stat. 737, 762; June

25, 1948, ch. 646, Sec. 39, 62 Stat. 992; Pub. L. 91-271, title

III, Sec. 303, June 2, 1970, 84 Stat. 292.)

-REFTEXT-

REFERENCES IN TEXT

The civil service laws, referred to in text, are set forth in

Title 5, Government Organization and Employees. See, particularly,

section 3301 et seq. of Title 5.

-MISC2-

AMENDMENTS

1970 - Pub. L. 91-271 struck out provisions authorizing Secretary

of the Treasury to appoint, prescribe designations and duties, and

fix compensation of deputies and other customs officers, laborers,

and other employees.

1948 - Act June 25, 1948, struck out fourth sentence relating to

appointment and compensation of clerks of Customs Court.

1930 - Act June 17, 1930, Sec. 518, authorized Secretary of the

Treasury to appoint and fix compensation of clerks of Customs

Court.

1926 - Act May 28, 1926, substituted ''United States Customs

Court'' for ''Board of General Appraisers''.

Act June 17, 1930, Sec. 649, substituted ''Treasury attacheAE1s''

for ''Customs attacheAE1s''.

EFFECTIVE DATE OF 1970 AMENDMENT

Amendment by Pub. L. 91-271 effective with respect to articles

entered, or withdrawn from warehouse for consumption, on or after

Oct. 1, 1970, and such other articles entered or withdrawn from

warehouse for consumption prior to such date, or with respect to

which a protest has not been disallowed in whole or in part before

Oct. 1, 1970, see section 203 of Pub. L. 91-271, set out as a note

under section 1500 of this title.

EFFECTIVE DATE OF 1948 AMENDMENT

Section 38 of act June 25, 1948, provided that the amendment made

by that act is effective Sept. 1, 1948.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions, personnel, assets, and liabilities of

the United States Customs Service of the Department of the

Treasury, including functions of the Secretary of the Treasury

relating thereto, to the Secretary of Homeland Security, and for

treatment of related 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 November 25, 2002, as

modified, set out as a note under section 542 of Title 6.

All offices of collector of customs, comptroller of customs,

surveyor of customs, and appraiser of merchandise in Bureau of

Customs of Department of the Treasury to which appointments were

required to be made by President with advice and consent of Senate

ordered abolished, with such offices to be terminated not later

than December 31, 1966, by Reorg. Plan No. 1 of 1965, eff. May 25,

1965, 30 F.R. 7035, 79 Stat. 1317, set out as a note under section

1 of this title.

Functions of all officers of Department of the Treasury and

functions of all agencies and employees of such Department

transferred, with certain exceptions, to Secretary of the Treasury,

with power vested in him to authorize their performance or

performance of any of his functions, by any of such officers,

agencies, and employees, by 1950 Reorg. Plan No. 26. Sec. 1, 2,

eff. July 31, 1950, 15 F.R. 4935, 64 Stat. 1280, set out in the

Appendix to Title 5, Government Organization and Employees.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 52 of this title; title 6

section 212.

-CITE-

19 USC Sec. 6a to 6d 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 1 - COLLECTION DISTRICTS, PORTS, AND OFFICERS

-HEAD-

Sec. 6a to 6d. Repealed. Sept. 3, 1954, ch. 1263, Sec. 13(b), 68

Stat. 1231

-MISC1-

Sections, act May 29, 1928, ch. 865, Sec. 1-4, 45 Stat. 955,

related to compensation. See sections 5101 et seq. and 5301 et

seq. of Title 5, Government Organization and Employees.

Act Dec. 12, 1930, ch. 10, 46 Stat. 1026, formerly set out as a

credit to these sections, was repealed by Pub. L. 89-554, Sec.

8(a), Sept. 6, 1966, 80 Stat. 648.

-CITE-

19 USC Sec. 6e 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 1 - COLLECTION DISTRICTS, PORTS, AND OFFICERS

-HEAD-

Sec. 6e. Overtime compensation based on standard or daylight saving

time

-STATUTE-

On and after June 30, 1949, overtime compensation of customs

officers and employees, as authorized by law, shall be based either

on standard or daylight saving time, whichever is observed where

overtime services are performed.

-SOURCE-

(June 30, 1949, ch. 286, title I, 63 Stat. 360.)

-CITE-

19 USC Sec. 7 to 11 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 1 - COLLECTION DISTRICTS, PORTS, AND OFFICERS

-HEAD-

Sec. 7 to 11. Repealed. Pub. L. 91-271, title III, Sec. 321(c)-(g),

June 2, 1970, 84 Stat. 293

-MISC1-

Section 7, act Mar. 4, 1923, ch. 251, Sec. 3, 42 Stat. 1453,

authorized collectors, comptrollers, surveyors, and appraisers to

appoint assistants, and collector at New York to appoint a

solicitor to collector, all such appointments subject to approval

of Secretary of the Treasury.

Section 8, R.S. Sec. 2629; acts Mar. 3, 1905, ch. 1413, Sec. 1,

33 Stat. 983; Mar. 4, 1923, ch. 251, Sec. 4, 42 Stat. 1453, set

forth procedure for filling a vacancy in office of a collector,

comptroller, surveyor, or appraiser.

Section 9, R.S. Sec. 2625, act Mar. 4, 1923, ch. 251, Sec. 3, 42

Stat. 1453, provided for performance of collector's duties in case

of his disability.

Section 10, R.S. Sec. 2630; acts Mar. 4, 1923, ch. 251, Sec. 2,

3, 42 Stat. 1453; Jan. 13, 1925, ch. 76, 43 Stat. 748, provided

that in cases of occasional and necessary absence, or of sickness,

any collector could exercise his powers and perform his duties by

deputy.

Section 11, R.S. Sec. 2632; act June 17, 1930, ch. 497, title IV,

Sec. 523, 46 Stat. 740, provided that in cases of occasional and

necessary absence, or of sickness, every comptroller and surveyor

could, respectively, exercise and perform his functions, powers,

and duties by deputy.

EFFECTIVE DATE OF REPEAL

Repeal effective with respect to articles entered, or withdrawn

from warehouse for consumption, on or after Oct. 1, 1970, and such

other articles entered or withdrawn from warehouse for consumption

prior to such date, or with respect to which a protest has not been

disallowed in whole or in part before Oct. 1, 1970, see section 203

of Pub. L. 91-271, set out as an Effective Date of 1970 Amendment

note under section 1500 of this title.

-CITE-

19 USC Sec. 12 to 18 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 1 - COLLECTION DISTRICTS, PORTS, AND OFFICERS

-HEAD-

Sec. 12 to 18. Repealed. Aug. 2, 1956, ch. 887, Sec. 4(a)(1)-(7),

70 Stat. 947

-MISC1-

Sections 12 to 15 provided for appointment by Secretary of the

Treasury of 30 special agents for purposes of checking the accounts

of collectors and other customs officers for prevention of frauds,

authorized regulations for the limitations on their number and

compensation and authorized appointment of special agents to reside

in foreign territory. Customs agents who perform functions

formerly exercised by special agents are covered generally by

section 2072 of this title.

Section 12 was based on R.S. Sec. 2649.

Section 13 was based on acts Mar. 4, 1911, ch. 285, 36 Stat.

1393; Mar. 4, 1923, ch. 251, Sec. 1, 2, 5, 7, 42 Stat. 1453, 1454;

Mar. 3, 1927, ch. 348, Sec. 3, 44 Stat. 1382.

Section 14 was based on R.S. Sec. 2651.

Section 15 was based on R.S. Sec. 2999.

Section 16, R.S. 2940; acts Mar. 4, 1923, ch. 251, Sec. 2, 42

Stat. 1453; Jan. 13, 1925, ch. 76, 43 Stat. 748, prescribed

qualifications and special oath for customs appraiser at New York.

Section 17, R.S. Sec. 2941, prohibited only employees in office

of appraiser at New York from engaging or being employed in any

commercial activity.

Section 18, R.S. Sec. 2942, related to duties of appraiser and

assistant appraiser at New York.

-CITE-

19 USC Sec. 19, 20 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 1 - COLLECTION DISTRICTS, PORTS, AND OFFICERS

-HEAD-

Sec. 19, 20. Repealed. Pub. L. 89-554, Sec. 8(a), Sept. 6, 1966, 80

Stat. 646

-MISC1-

Section 19, act Feb. 9, 1925, ch. 167, 43 Stat. 819, related to

appraiser of merchandise at Baltimore.

Section 20, act Feb. 21, 1925, ch. 278, Sec. 1, 43 Stat. 957,

related to office of appraiser of merchandise at Portland, Oregon.

-CITE-

19 USC Sec. 21 to 24 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 1 - COLLECTION DISTRICTS, PORTS, AND OFFICERS

-HEAD-

Sec. 21 to 24. Repealed. Aug. 2, 1956, ch. 887, Sec. 4(a)(8)-(11),

(13), 70 Stat. 947

-MISC1-

Sections 21 to 23 prescribed oath of office for customs officers

and assistant appraisers.

Section 24 related to designation of persons to administer oath

of office.

Section 21 was based on R.S. Sec. 2616.

Section 22 was based on R.S. Sec. 2614; act July 5, 1932, ch.

430, title 1, 47 Stat. 584.

Section 23 was based on R.S. Sec. 2615; July 5, 1932, ch. 430,

title 1, 47 Stat. 584.

Section 24 was based on R.S. Sec. 2617; act Feb. 8, 1875, ch. 36,

Sec. 11, 18 Stat. 309.

-CITE-

19 USC Sec. 26 to 28 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 1 - COLLECTION DISTRICTS, PORTS, AND OFFICERS

-HEAD-

Sec. 26 to 28. Repealed. Aug. 2, 1956, ch. 887, Sec. 4(a)(12)-(14),

70 Stat. 947

-MISC1-

Section 26, R.S. Sec. 2611; act Feb. 8, 1875, ch. 36, Sec. 11, 18

Stat. 309, related to oath by special examiners of drugs.

Functions formerly exercised by the special examiner of drugs are

covered by section 381 of Title 21, Food and Drugs.

Section 27, acts Feb. 8, 1875, ch. 36, Sec. 11, 18 Stat. 309;

Mar. 2, 1895, ch. 177, Sec. 5, 28 Stat. 807, related to oaths by

subordinate customs officers.

Section 28, act Sept. 24, 1914, ch. 309, 38 Stat. 716, provided

that headquarters of customs district of Florida should be at

Tampa. Section 2 of this title vests authority in the President to

change from time to time the location of headquarters of customs

collection district and such authority was delegated to the

Secretary of the Treasury by section 1 (a) of Executive Order 10289

of September 17, 1951, set out as a note under section 301 of Title

3, The President.

-CITE-

19 USC Sec. 29 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 1 - COLLECTION DISTRICTS, PORTS, AND OFFICERS

-HEAD-

Sec. 29. Repealed. Aug. 26, 1935, ch. 689, Sec. 2, 49 Stat. 864

-MISC1-

Section, act Mar. 15, 1898, ch. 68, Sec. 1, 30 Stat. 286, as

supplemented by acts Jan. 28, 1915, ch. 20, Sec. 1, 38 Stat. 800;

Mar. 4, 1923, ch. 251, Sec. 3, 42 Stat. 1453, related to

administration of oaths by collectors and assistants.

Act Aug. 4, 1949, ch. 393, Sec. 20, 63 Stat. 561, also repealed

act Jan. 28, 1915, ch. 20, Sec. 1, 38 Stat. 800, formerly credited

to this section.

-CITE-

19 USC Sec. 30 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 1 - COLLECTION DISTRICTS, PORTS, AND OFFICERS

-HEAD-

Sec. 30. Repealed. Aug. 2, 1956, ch. 887, Sec. 4(a)(34), 70 Stat.

948

-MISC1-

Section, act Sept. 30, 1890, ch. 1126, 26 Stat. 511, related to

administration of oaths by clerks and inspectors of customs.

-CITE-

19 USC Sec. 30a 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 1 - COLLECTION DISTRICTS, PORTS, AND OFFICERS

-HEAD-

Sec. 30a. Repealed. June 17, 1930, ch. 497, Sec. 651(a)(3), 46

Stat. 762, eff. June 18, 1930

-MISC1-

Section, Res. Apr. 2, 1928, ch. 309, 45 Stat. 401, related to

administration of oaths by officers and employees of customs

service.

-CITE-

19 USC Sec. 31, 32 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 1 - COLLECTION DISTRICTS, PORTS, AND OFFICERS

-HEAD-

Sec. 31, 32. Repealed. Pub. L. 92-310, title II, Sec. 226, June 6,

1972, 86 Stat. 206

-MISC1-

Section 31, R.S. Sec. 2619, 2620; act Feb. 27, 1877, ch. 69, 19

Stat. 245; Pub. L. 91-271, title III, Sec. 304, June 2, 1970, 84

Stat. 292, related to bonds of customs officers.

Section 32, R.S. Sec. 2620; Pub. L. 91-271, title III, Sec. 305,

June 2, 1970, 84 Stat. 292, related to amounts, conditions for

filing, and procedures for approval of bonds required of customs

officers.

-CITE-

19 USC Sec. 33 to 35 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 1 - COLLECTION DISTRICTS, PORTS, AND OFFICERS

-HEAD-

Sec. 33 to 35. Repealed. Aug. 8, 1953, ch. 397, Sec. 2(a), 67 Stat.

507

-MISC1-

Sections, R.S. Sec. 2621 to 2623, prescribed various duties of

the collectors of customs at each of the ports (1) where

collectors, comptrollers and surveyors were appointed: (2) where

only collectors and surveyors were appointed; and (3) where only

collectors were appointed. The provisions of such sections, in so

far as they related to accounting duties, are covered generally in

chapters 33 and 35 of Title 31, Money and Finance.

EFFECTIVE DATE OF REPEAL; SAVINGS PROVISION

Repeal effective on and after thirtieth day following Aug. 8,

1953, and savings provision, see sections 1 and 23 of act Aug. 8,

1953.

-CITE-

19 USC Sec. 36, 37 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 1 - COLLECTION DISTRICTS, PORTS, AND OFFICERS

-HEAD-

Sec. 36, 37. Repealed. Pub. L. 91-271, title III, Sec. 321(h), (i),

June 2, 1970, 84 Stat. 293

-MISC1-

Section 36, acts Feb. 6, 1907, ch. 471, 34 Stat. 880; Mar. 4,

1923, ch. 251, Sec. 2, 42 Stat. 1453; Jan. 13, 1925, ch. 76, 43

Stat. 748, enumerated duties of deputy collectors.

Section 37, R.S. Sec. 2633, authorized Secretary of the Treasury

to clothe any deputy director at a port other than district

headquarters with all powers of his principal appertaining to

official acts.

EFFECTIVE DATE OF REPEAL

Repeal effective with respect to articles entered, or withdrawn

from warehouse for consumption, on or after Oct. 1, 1970, and such

other articles entered or withdrawn from warehouse for consumption

prior to such date, or with respect to which a protest has not been

disallowed in whole or in part before Oct. 1, 1970, see section 203

of Pub. L. 91-271, set out as an Effective Date of 1970 Amendment

note under section 1500 of this title.

-CITE-

19 USC Sec. 38 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 1 - COLLECTION DISTRICTS, PORTS, AND OFFICERS

-HEAD-

Sec. 38. Repealed. June 17, 1930, ch. 497, title IV, Sec.

651(a)(1), 46 Stat. 762, eff. June 18, 1930

-MISC1-

Section, act Sept. 21, 1922, ch. 356, title IV, Sec. 523, 42

Stat. 974, related to powers and duties of comptrollers of

customs. See section 1523 of this title.

-CITE-

19 USC Sec. 39 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 1 - COLLECTION DISTRICTS, PORTS, AND OFFICERS

-HEAD-

Sec. 39. Repealed. Aug. 8, 1953, ch. 397, Sec. 2(a), 67 Stat. 507

-MISC1-

Section, R.S. Sec. 2626, prescribed certain duties of

comptrollers of customs at each of ports where collectors,

comptrollers and surveyors were appointed. The provisions of such

section, in so far as it related to accounting duties, is covered

generally in chapters 33 and 35 of Title 31, Money and Finance.

EFFECTIVE DATE OF REPEAL; SAVINGS PROVISION

Repeal effective on and after thirtieth day following Aug. 8,

1953, and savings provision, see sections 1 and 23 of act Aug. 8,

1953.

-CITE-

19 USC Sec. 40 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 1 - COLLECTION DISTRICTS, PORTS, AND OFFICERS

-HEAD-

Sec. 40. Repealed. Aug. 2, 1956, ch. 887, Sec. 4(a)(15), 70 Stat.

947

-MISC1-

Section, R.S. Sec. 2627; act June 17, 1930, ch. 497, title IV,

Sec. 523, 46 Stat. 740, related to duties of surveyor of customs.

Section 5a of this title abolished the offices of surveyor of

customs at all ports except New York.

-CITE-

19 USC Sec. 41 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 1 - COLLECTION DISTRICTS, PORTS, AND OFFICERS

-HEAD-

Sec. 41. Repealed. Feb. 28, 1933, ch. 131, Sec. 1, 47 Stat. 1349

-MISC1-

Section, R.S. Sec. 2628, prescribed duties of surveyors where

only surveyors were appointed.

-CITE-

19 USC Sec. 42 to 45 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 1 - COLLECTION DISTRICTS, PORTS, AND OFFICERS

-HEAD-

Sec. 42 to 45. Repealed. Aug. 8, 1953, ch. 397, Sec. 2(a), 67 Stat.

507

-MISC1-

Sections, R.S. Sec. 2639 to 2641, 2643, related to various

accounting duties of collectors, comptrollers, and surveyors of

customs. Those provisions are covered generally in chapters 33 and

35 of Title 31, Money and Finance.

Section 42 was amended by act July 31, 1894, ch. 174, Sec. 19, 28

Stat. 210.

EFFECTIVE DATE OF REPEAL; SAVINGS PROVISION

Repeal effective on and after thirtieth day following Aug. 8,

1953, and savings provision, see sections 1 and 23 of act Aug. 8,

1953.

-CITE-

19 USC Sec. 46, 47 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 1 - COLLECTION DISTRICTS, PORTS, AND OFFICERS

-HEAD-

Sec. 46, 47. Repealed. Feb. 28, 1933, ch. 131, Sec. 1, 47 Stat.

1349

-MISC1-

Sections, R.S. Sec. 2644 and 2645, respectively, related to

rendition of monthly and quarterly estimates and accounts of

certain collectors.

-CITE-

19 USC Sec. 48 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 1 - COLLECTION DISTRICTS, PORTS, AND OFFICERS

-HEAD-

Sec. 48. Repealed. Aug. 2, 1946, ch. 744, Sec. 2, 60 Stat. 807,

eff. Nov. 1, 1946

-MISC1-

Section, acts Mar. 4, 1923, ch. 251, Sec. 5, 42 Stat. 1454; June

17, 1930, ch. 497, title IV, Sec. 645(b), 46 Stat. 761, related to

travel, subsistence, and transportation expenses of customs

officers and employees. These provisions are covered generally in

chapter 57 of Title 5, Government Organization and Employees.

-CITE-

19 USC Sec. 49 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 1 - COLLECTION DISTRICTS, PORTS, AND OFFICERS

-HEAD-

Sec. 49. Repealed. Aug. 26, 1935, ch. 689, Sec. 1, 49 Stat. 864

-MISC1-

Section, R.S. Sec. 1790, related to restriction on payment for

services of officers or other persons in customs service.

-CITE-

19 USC Sec. 50, 51 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 1 - COLLECTION DISTRICTS, PORTS, AND OFFICERS

-HEAD-

Sec. 50, 51. Repealed. Pub. L. 89-554, Sec. 8(a), Sept. 6, 1966, 80

Stat. 642, 645, 650

-MISC1-

Section 50, acts Aug. 24, 1912, ch. 355, Sec. 8, 37 Stat. 487;

June 6, 1939, ch. 185, 53 Stat. 810, authorized collectors of

customs to administer oaths to expense accounts.

Section 51, act Mar. 4, 1923, ch. 251, Sec. 7, 42 Stat. 1454,

provided limitations on compensation.

ADDITIONAL REPEAL

Section 51 was additionally repealed by Pub. L. 91-271, title

III, Sec. 321(j), June 2, 1970, 84 Stat. 293.

-CITE-

19 USC Sec. 52 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 1 - COLLECTION DISTRICTS, PORTS, AND OFFICERS

-HEAD-

Sec. 52. Payment of compensation and expenses

-STATUTE-

The compensation of all customs officers and employees provided

for by sections 6, 7, 8, 13, and 51 of this title, and the expenses

authorized by section 48 of this title, shall be paid from the

appropriation for the collection of the revenue from customs.

-SOURCE-

(Mar. 4, 1923, ch. 251, Sec. 6, 42 Stat. 1454; Mar. 3, 1927, ch.

348, Sec. 3(c), 44 Stat. 1382.)

-REFTEXT-

REFERENCES IN TEXT

Sections 7 and 8 of this title, referred to in text, were

repealed by Pub. L. 91-271, title III, Sec. 321(c), (d), June 2,

1970, 84 Stat. 293.

Section 13 of this title, referred to in text, was repealed by

act Aug. 2, 1956, ch. 887, Sec. 4(a)(2), 70 Stat. 947.

Section 48 of this title, referred to in text, was repealed by

act Aug. 2, 1946, ch. 744, Sec. 2, 60 Stat. 807, eff. Nov. 1,

1946. See section 5724 of Title 5, Government Organization and

Employees.

Section 51 of this title, referred to in text, was repealed by

Pub. L. 89-554, Sec. 8(a), Sept. 6, 1966, 80 Stat. 645. See, also,

Additional Repeal note set out thereunder.

-COD-

CODIFICATION

Act Mar. 3, 1927, abolished the offices of Director and Assistant

Director of Customs.

-CITE-

19 USC Sec. 53 to 57 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 1 - COLLECTION DISTRICTS, PORTS, AND OFFICERS

-HEAD-

Sec. 53 to 57. Repealed. Aug. 2, 1956, ch. 887, Sec. 4(a)(16)-(20),

70 Stat. 947

-MISC1-

Section 53, R.S. Sec. 2687, provided for apportionment of

compensation according to time served. See, generally, sections

5504 and 6101 of Title 5, Government Organization and Employees.

Section 54, R.S. Sec. 2646, related to books to be furnished to

collectors and other officers.

Section 55, R.S. Sec. 2647; acts Aug. 24, 1912, ch. 355, 37 Stat.

434; June 17, 1930, ch. 497, title IV, Sec. 523, 46 Stat. 740,

provided that collectors of customs, and comptrollers and surveyors

performing functions of collectors, should render quarterly

accounts to Secretary of the Treasury of fines collected, moneys

received as rents, etc.

Section 56, R.S. Sec. 2944, related to additional hours of

service at public stores in New York.

Section 57, R.S. Sec. 2648; act Aug. 24, 1912, ch. 355, Sec. 1,

37 Stat. 434, related to sale of blanks by collectors and

surveyors.

-CITE-

19 USC Sec. 58 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 1 - COLLECTION DISTRICTS, PORTS, AND OFFICERS

-HEAD-

Sec. 58. Repealed. Pub. L. 95-410, title II, Sec. 214(a), Oct. 3,

1978, 92 Stat. 904

-MISC1-

Section, R.S. Sec. 2654; acts Aug. 24, 1912, ch. 355, 37 Stat.

434; June 2, 1970, Pub. L. 91-271, title III, Sec. 307, 84 Stat.

292, provided for fees of customs officers for eleven enumerated

types of services. See section 58a of this title.

-CITE-

19 USC Sec. 58a 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 1 - COLLECTION DISTRICTS, PORTS, AND OFFICERS

-HEAD-

Sec. 58a. Fees for services of customs officers

-STATUTE-

The Secretary may charge such fees as may be necessary to cover

the costs of providing services similar to or the same as services

furnished by customs officers under the sections repealed by

subsection (a).

-SOURCE-

(Pub. L. 95-410, title II, Sec. 214(b), Oct. 3, 1978, 92 Stat.

904.)

-REFTEXT-

REFERENCES IN TEXT

The sections repealed by subsection (a), referred to in text,

means the sections repealed by Pub. L. 95-410, Sec. 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 repealed.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 58c of this title.

-CITE-

19 USC Sec. 58b 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 1 - COLLECTION DISTRICTS, PORTS, AND OFFICERS

-HEAD-

Sec. 58b. User fee for customs services at certain small airports

and other facilities

-STATUTE-

(a) Authorized airports, seaports, or other facilities

The Secretary of the Treasury shall make customs 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 facility designated by

the Secretary of the Treasury under subsection (c) of this

section.

(b) Liability for and amount of fee

The fee which is charged under subsection (a) of this section

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 rendered 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 airport, 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) of this section, fails to pay such fee

shall be guilty of a misdemeanor 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 account; expenditures

for services

Fees collected by the Secretary of the Treasury under subsection

(a) of this section with respect to the provision of services at an

airport, seaport, or other facility shall be deposited in an

account within the Treasury of the United States that is specially

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 customs services at such airport,

seaport, or other facility (including expenses incurred for the

salaries and expenses of individuals employed to provide such

services). None of the funds deposited 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) of this

section or designated under subsection (c) of this section shall be

considered to be customs services provided at such airport,

seaport, or other facility.

-SOURCE-

(Pub. L. 98-573, title II, Sec. 236, Oct. 30, 1984, 98 Stat. 2992;

Pub. L. 99-190, Sec. 142, Dec. 19, 1985, 99 Stat. 1324; Pub. L.

99-272, title XIII, Sec. 13032, Apr. 7, 1986, 100 Stat. 310; Pub.

L. 100-418, title I, Sec. 1905, Aug. 23, 1988, 102 Stat. 1313; Pub.

L. 101-207, Sec. 3(c)(2), (f)(1), Dec. 7, 1989, 103 Stat. 1834,

1835.)

-MISC1-

AMENDMENTS

1989 - Pub. L. 101-207, Sec. 3(f)(1)(C), inserted ''and other

facilities'' after ''airports'' in section catchline.

Subsecs. (a)(3), (b). Pub. L. 101-207, Sec. 3(f)(1)(A), inserted

'', seaport, or other facility'' after ''airport'' wherever

appearing.

Subsec. (c). Pub. L. 101-207, Sec. 3(f)(1)(A), (B), inserted '',

seaports, and other facilities'' after ''airports'' in introductory

provisions and '', seaport, or other facility'' after ''airport''

wherever appearing.

Subsec. (e). Pub. L. 101-207, Sec. 3(f)(1)(A), inserted '',

seaport, or other facility'' after ''airport'' wherever appearing.

Subsec. (f). Pub. L. 101-207, Sec. 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, Sec. 1905(1)-(3),

added par. (2) and redesignated former par. (2) as (3).

Subsec. (c). Pub. L. 100-418, Sec. 1905(4), struck out ''20''

before ''airports''.

1986 - Subsec. (c). Pub. L. 99-272, Sec. 13032(1), made amendment

identical to Pub. L. 99-190, substituting ''20 airports'' for ''4

airports''.

Subsec. (e). Pub. L. 99-272, Sec. 13032(2), substituted last two

sentences for former last sentence which read as follows: ''The

funds in such account shall only be available, as provided by

appropriation Acts, for expenditures 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 airports''

for ''4 airports''.

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 Effective Date of 1984

Amendment note under section 1304 of this title.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions, personnel, assets, and liabilities of

the United States Customs Service of the Department of the

Treasury, including functions of the Secretary of the Treasury

relating thereto, to the Secretary of Homeland Security, and for

treatment of related 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 November 25, 2002, as

modified, set out as a note under section 542 of Title 6.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 58b-1, 58c of this title.

-CITE-

19 USC Sec. 58b-1 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 1 - COLLECTION DISTRICTS, PORTS, AND OFFICERS

-HEAD-

Sec. 58b-1. Expenses from fees collected

-STATUTE-

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 authorized by law

and designated by the Secretary of the Treasury, including

expenditures for the salary and expenses of individuals employed to

provide such services, to be derived from fees collected 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.

-SOURCE-

(Pub. L. 105-61, title I, Oct. 10, 1997, 111 Stat. 1279.)

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions, personnel, assets, and liabilities of

the United States Customs Service of the Department of the

Treasury, including functions of the Secretary of the Treasury

relating thereto, to the Secretary of Homeland Security, and for

treatment of related 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 November 25, 2002, as

modified, set out as a note under section 542 of Title 6.

-CITE-

19 USC Sec. 58c 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 1 - COLLECTION DISTRICTS, PORTS, AND OFFICERS

-HEAD-

Sec. 58c. Fees for certain customs services

-STATUTE-

(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 for the

provision of customs 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 carrying 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 (FOOTNOTE 1)

(FOOTNOTE 1) So in original. Probably should be followed by a

period.

(6) For each item of dutiable mail for which a document is

prepared by a customs officer, $5.

(7) For each customs broker permit held by an individual,

partnership, association, or corporate 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 percent ad valorem, unless adjusted under

subparagraph (B).

(B)(i) The Secretary of the Treasury may adjust the ad valorem

rate specified in subparagraph (A) to an ad valorem rate (but not

to a rate of more than 0.21 percent nor less than 0.15 percent)

and the amounts specified in subsection (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 expenses that will

likely be incurred by the Customs 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 adjustment under clause

(i), the Secretary of the Treasury shall take into account

whether there is a surplus or deficit in the fund established

under subsection (f) of this section with respect to the

provision of customs services for the processing of formal

entries and releases of merchandise.

(iii) An adjustment may not be made under clause (i) with

respect to the fee charged during 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 described in subclause (I) for public

comment and consultation with the Committee on Finance of the

Senate and the Committee on Ways and Means of the House of

Representatives regarding the proposed adjustment and the

methodology used to determine such adjustment;

(III) upon the expiration of the period provided 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 period following the

written notification described in subclause (III), submits for

publication in the Federal Register notice of the final

determination regarding the adjustment of the fee.

(iv) The 15-day period referred to in clause (iii)(IV) shall be

computed by excluding -

(I) the days on which either House is not in session because

of an adjournment of more than 3 days to a day certain or an

adjournment of the Congress sine die; and

(II) any Saturday and Sunday, not excluded under subclause

(I), when either House is not in session.

(v) An adjustment made under this subparagraph shall become

effective with respect to formal entries and releases made on or

after the 15th calendar day after the date of publication of the

notice described in clause (iii)(IV) and shall remain in effect

until adjusted under this subparagraph.

(C) If for any fiscal year, the Secretary of the Treasury

determines not to make an adjustment under subparagraph (B), the

Secretary shall, within the time prescribed under subparagraph

(B)(iii)(I), submit a written report to the Committee on Finance

of the Senate and the Committee on Ways and Means of the House of

Representatives detailing the reasons for maintaining the current

fee and the methodology used for computing such fee.

(D) Any fee charged under this paragraph, whether or not

adjusted under subparagraph (B), is subject to the limitations in

subsection (b)(8)(A) of this section.

(10) For the processing of merchandise that is informally

entered or released, other than at -

(A) a centralized hub facility,

(B) an express consignment carrier facility, or

(C) a small airport or other facility to which section 58b of

this title applies, if more than 25,000 informal entries were

cleared through such airport or facility during the fiscal year

preceding such entry or release,

a fee of -

(i) $2 if the entry or release is automated and not prepared

by customs personnel;

(ii) $6 if the entry or release is manual and not prepared by

customs personnel; or

(iii) $9 if the entry or release, whether automated or

manual, is prepared by customs personnel.

For provisions relating to the informal entry or release of

merchandise at facilities referred to in subparagraphs (A), (B),

and (C), see subsection (b)(9) of this section.

(b) Limitations on fees

(1)(A) Except as provided in subsection (a)(5)(B) of this

section, no fee may be charged under subsection (a) of this section

for customs services provided in connection with -

(i) the arrival of any passenger whose journey -

(I) originated in -

(aa) Canada,

(bb) Mexico,

(cc) a territory or possession of the United States, or

(dd) any adjacent island (within the meaning of section

1101(b)(5) of title 8), or

(II) originated in the United States and was limited to -

(aa) Canada,

(bb) Mexico,

(cc) territories and possessions of the United States, and

(dd) such adjacent islands;

(ii) the arrival of any railroad car the journey of which

originates and terminates in the same country, but only if no

passengers board or disembark from the train and no cargo is

loaded or unloaded from such car while the car is within any

country other than the country in which such car originates and

terminates;

(iii) the arrival of a ferry, except for a ferry whose

operations begin on or after August 1, 1999, and that operates

south of 27 degrees latitude and east of 89 degrees longitude; or

(iv) the arrival of any passenger on board a commercial vessel

traveling only between ports which are within the customs

territory of the United States.

(B) The exemption provided for in subparagraph (A) shall not

apply in the case of the arrival of any passenger on board a

commercial vessel whose journey originates and terminates at the

same place in the United States if there are no intervening stops.

(C) The exemption provided for in subparagraph (A)(i) shall not

apply to fiscal years 1994, 1995, 1996, and 1997.

(2) No fee may be charged under subsection (a)(2) of this section

for the arrival of a commercial truck during any calendar year

after a total of $100 in fees has been paid to the Secretary of the

Treasury for the provision of customs services for all arrivals of

such commercial truck during such calendar year.

(3) No fee may be charged under subsection (a)(3) of this section

for the arrival of a railroad car whether passenger or freight

during any calendar year after a total of $100 in fees has been

paid to the Secretary of the Treasury for the provision of customs

services for all arrivals of such passenger or freight rail car

during such calendar year.

(4)(A) No fee may be charged under subsection (a)(5) of this

section with respect to the arrival of any passenger -

(i) who is in transit to a destination outside the customs

territory of the United States, and

(ii) for whom customs inspectional services are not provided.

(B) In the case of a commercial vessel making a single voyage

involving 2 or more United States ports with respect to which the

passengers would otherwise be charged a fee pursuant to subsection

(a)(5) of this section, such fee shall be charged only 1 time for

each passenger.

(5) No fee may be charged under subsection (a)(1) of this section

for the arrival of -

(A) a vessel during a calendar year after a total of $5,955 in

fees charged under paragraph (1) or (8) of subsection (a) of this

section has been paid to the Secretary of the Treasury for the

provision of customs services for all arrivals of such vessel

during such calendar year,

(B) any vessel which, at the time of the arrival, is being used

solely as a tugboat, or

(C) any barge or other bulk carrier from Canada or Mexico.

(6) No fee may be charged under subsection (a)(8) of this section

for the arrival of a barge or other bulk carrier during a calendar

year after a total of $1,500 in fees charged under paragraph (1) or

(8) of subsection (a) of this section has been paid to the

Secretary of the Treasury for the provision of customs services for

all arrivals of such barge or other bulk carrier during such

calendar year.

(7) No fee may be charged under paragraphs (2), (3), or (4) of

subsection (a) of this section for the arrival of any -

(A) commercial truck,

(B) railroad car, or

(C) private vessel,

that is being transported, at the time of the arrival, by any

vessel that is not a ferry.

(8)(A)(i) Subject to clause (ii), the fee charged under

subsection (a)(9) of this section for the formal entry or release

of merchandise may not exceed $485 or be less than $25, unless

adjusted pursuant to subsection (a)(9)(B) of this section.

(ii) A surcharge of $3 shall be added to the fee determined after

application of clause (i) for any manual entry or release of

merchandise.

(B) No fee may be charged under subsection (a)(9) or (10) of this

section for the processing of any article that is -

(i) provided for under any item in chapter 98 of the Harmonized

Tariff Schedule of the United States, except subheading

9802.00.60 or 9802.00.80,

(ii) a product of an insular possession of the United States,

or

(iii) a product of any country listed in subdivision (c)(ii)(B)

or (c)(v) of general note 3 to such Schedule.

(C) For purposes of applying subsection (a)(9) or (10) of this

section -

(i) expenses incurred by the Secretary of the Treasury in the

processing of merchandise do not include costs incurred in -

(I) air passenger processing,

(II) export control, or

(III) international affairs, and

(ii) any reference to a manual formal or informal entry or

release includes any entry or release filed by a broker or

importer that requires the inputting of cargo selectivity data

into the Automated Commercial System by customs personnel, except

when -

(I) the broker or importer is certified as an ABI cargo

release filer under the Automated Commercial System at any port

within the United States, or

(II) the entry or release is filed at ports prior to the full

implementation of the cargo selectivity data system by the

Customs Service at such ports.

(D) The fee charged under subsection (a)(9) or (10) of this

section with respect to the processing of merchandise shall -

(i) be paid by the importer of record of the merchandise;

(ii) except as otherwise provided in this paragraph, be based

on the value of the merchandise as determined under section 1401a

of this title;

(iii) in the case of merchandise classified under subheading

9802.00.60 of the Harmonized Tariff Schedule of the United

States, be applied to the value of the foreign repairs or

alterations to the merchandise;

(iv) in the case of merchandise classified under heading

9802.00.80 of such Schedule, be applied to the full value of the

merchandise, less the cost or value of the component United

States products;

(v) in the case of agricultural products of the United States

that are processed and packed in a foreign trade zone, be applied

only to the value of material used to make the container for such

merchandise, if such merchandise is subject to entry and the

container is of a kind normally used for packing such

merchandise; and

(vi) in the case of merchandise entered from a foreign trade

zone (other than merchandise to which clause (v) applies), be

applied only to the value of the privileged or nonprivileged

foreign status merchandise under section 3 of the Act of June 18,

1934 (commonly known as the Foreign Trade Zones Act, 19 U.S.C.

81c).

With respect to merchandise that is classified under subheading

9802.00.60 or heading 9802.00.80 of such Schedule and is duty-free,

the Secretary may collect the fee charged on the processing of the

merchandise under subsection (a)(9) or (10) of this section on the

basis of aggregate data derived from financial and manufacturing

reports used by the importer in the normal course of business,

rather than on the basis of entry-by-entry accounting.

(E) For purposes of subsection (a)(9) and (10) of this section,

merchandise is entered or released, as the case may be, if the

merchandise is -

(i) permitted or released under section 1448(b) of this title,

(ii) entered or released from customs custody under section

1484(a)(1)(A) of this title, or

(iii) withdrawn from warehouse for consumption.

(9)(A) With respect to the processing of letters, documents,

records, shipments, merchandise, or any other item that is valued

at an amount that is less than $2,000 (or such higher amount as the

Secretary of the Treasury may set by regulation pursuant to section

1498 of this title), except such items entered for transportation

and exportation or immediate exportation at a centralized hub

facility, an express consignment carrier facility, or a small

airport or other facility, the following reimbursements and

payments are required:

(i) In the case of a small airport or other facility -

(I) the reimbursement which such facility is required to make

during the fiscal year under section 9701 of title 31 or

section 58b of this title; and

(II) an annual payment by the facility to the Secretary of

the Treasury, which is in lieu of the payment of fees under

subsection (a)(10) of this section for such fiscal year, in an

amount equal to the reimbursement under subclause (I).

(ii) Subject to the provisions of subparagraph (B), in the case

of an express consignment carrier facility or centralized hub

facility, $.66 per individual airway bill or bill of lading.

(B)(i) Beginning in fiscal year 2004, the Secretary of the

Treasury may adjust (not more than once per fiscal year) the amount

described in subparagraph (A)(ii) to an amount that is not less

than $.35 and not more than $1.00 per individual airway bill or

bill of lading. The Secretary shall provide notice in the Federal

Register of a proposed adjustment under the preceding sentence and

the reasons therefor and shall allow for public comment on the

proposed adjustment.

(ii) Notwithstanding section 1451 of this title, the payment

required by subparagraph (A)(ii) shall be the only payment required

for reimbursement of the Customs Service in connection with the

processing of an individual airway bill or bill of lading in

accordance with such subparagraph and for providing services at

express consignment carrier facilities or centralized hub

facilities, except that the Customs Service may require such

facilities to cover expenses of the Customs Service for adequate

office space, equipment, furnishings, supplies, and security.

(iii)(I) The payment required by subparagraph (A)(ii) and clause

(ii) of this subparagraph shall be paid on a quarterly basis by the

carrier using the facility to the Customs Service in accordance

with regulations prescribed by the Secretary of the Treasury.

(II) 50 percent of the amount of payments received under

subparagraph (A)(ii) and clause (ii) of this subparagraph shall, in

accordance with section 1524 of this title, be deposited in the

Customs User Fee Account and shall be used to directly reimburse

each appropriation for the amount paid out of that appropriation

for the costs incurred in providing services to express consignment

carrier facilities or centralized hub facilities. Amounts

deposited in accordance with the preceding sentence shall be

available until expended for the provision of customs services to

express consignment carrier facilities or centralized hub

facilities.

(III) Notwithstanding section 1524 of this title, the remaining

50 percent of the amount of payments received under subparagraph

(A)(ii) and clause (ii) of this subparagraph shall be paid to the

Secretary of the Treasury, which is in lieu of the payment of fees

under subsection (a)(10) of this section.

(C) For purposes of this paragraph:

(i) The terms ''centralized hub facility'' and ''express

consignment carrier facility'' have the respective meanings that

are applied to such terms in part 128 of chapter I of title 19,

Code of Federal Regulations. Nothing in this paragraph shall be

construed as prohibiting the Secretary of the Treasury from

processing merchandise that is informally entered or released at

any centralized hub facility or express consignment carrier

facility during the normal operating hours of the Customs

Service, subject to reimbursement and payment under subparagraph

(A).

(ii) The term ''small airport or other facility'' means any

airport or facility to which section 58b of this title applies,

if more than 25,000 informal entries were cleared through such

airport or facility during the preceding fiscal year.

(10)(A) The fee charged under subsection (a)(9) or (10) with

respect to goods of Canadian origin (as determined under section

202 of the United States-Canada Free-Trade Agreement Implementation

Act of 1988) when the United States-Canada Free-Trade Agreement is

in force shall be in accordance with article 403 of that Agreement.

(B) For goods qualifying under the rules of origin set out in

section 3332 of this title, the fee under subsection (a)(9) or (10)

-

(i) may not be charged with respect to goods that qualify to be

marked as goods of Canada pursuant to Annex 311 of the North

American Free Trade Agreement, for such time as Canada is a NAFTA

country, as defined in section 3301(4) of this title; and

(ii) may not be increased after December 31, 1993, and may not

be charged after June 29, 1999, with respect to goods that

qualify to be marked as goods of Mexico pursuant to such Annex

311, for such time as Mexico is a NAFTA country.

Any service for which an exemption from such fee is provided by

reason of this paragraph may not be funded with money contained in

the Customs User Fee Account.

(11) No fee may be charged under subsection (a)(9) or (10) of

this section with respect to products of Israel if an exemption

with respect to the fee is implemented under section 112 of the

Customs and Trade Act of 1990.

(c) Definitions

For purposes of this section -

(1) The term ''ferry'' means any vessel which is being used -

(A) to provide transportation only between places that are no

more than 300 miles apart, and

(B) to transport only -

(i) passengers, or

(ii) vehicles, or railroad cars, which are being used, or

have been used, in transporting passengers or goods.

(2) The term ''arrival'' means arrival at a port of entry in

the customs territory of the United States.

(3) The term ''customs territory of the United States'' has the

meaning given to such term by general note 2 of the Harmonized

Tariff Schedule of the United States.

(4) The term ''customs broker permit'' means a permit issued

under section 1641(c) of this title.

(5) The term ''barge or other bulk carrier'' means any vessel

which -

(A) is not self-propelled, or

(B) transports fungible goods that are not packaged in any

form.

(d) Collection

(1) Each person that issues a document or ticket to an individual

for transportation by a commercial vessel or commercial aircraft

into the customs territory of the United States shall -

(A) collect from that individual the fee charged under

subsection (a)(5) of this section at the time the document or

ticket is issued; and

(B) separately identify on that document or ticket the fee

charged under subsection (a)(5) of this section as a Federal

inspection fee.

(2) If -

(A) a document or ticket for transportation of a passenger into

the customs territory of the United States is issued in a foreign

country; and

(B) the fee charged under subsection (a)(5) of this section is

not collected at the time such document or ticket is issued;

the person providing transportation to such passenger shall collect

such fee at the time such passenger departs from the customs

territory of the United States and shall provide such passenger a

receipt for the payment of such fee.

(3) The person who collects fees under paragraph (1) or (2) shall

remit those fees to the Secretary of the Treasury at any time

before the date that is 31 days after the close of the calendar

quarter in which the fees are collected.

(4)(A) Notice of the date on which payment of the fee imposed by

subsection (a)(7) of this section is due shall be published by the

Secretary of the Treasury in the Federal Register by no later than

the date that is 60 days before such due date.

(B) A customs broker permit may be revoked or suspended for

nonpayment of the fee imposed by subsection (a)(7) of this section

only if notice of the date on which payment of such fee is due was

published in the Federal Register at least 60 days before such due

date.

(C) The customs broker's license issued under section 1641(b) of

this title may not be revoked or suspended merely by reason of

nonpayment of the fee imposed under subsection (a)(7) of this

section.

(e) Provision of customs services

(1) Notwithstanding section 1451 of this title or any other

provision of law (other than paragraph (2)), the customs services

required to be provided to passengers upon arrival in the United

States shall be adequately provided in connection with scheduled

airline flights at customs serviced airports when needed and at no

cost (other than the fees imposed under subsection (a) of this

section) to airlines and airline passengers.

(2)(A) This subsection shall not apply with respect to any

airport, seaport, or other facility to which section 58b of this

title applies.

(B) Subparagraph (C) of paragraph (6) shall not apply with

respect to any foreign trade zone or subzone that is located at, or

in the vicinity of, an airport, seaport, or other facility to which

section 58b of this title applies.

(3) Notwithstanding section 1451 of this title or any other

provision of law -

(A) the customs services required to be provided to passengers

upon arrival in the United States shall be adequately provided in

connection with scheduled airline flights when needed at places

located outside the customs territory of the United States at

which a customs officer is stationed for the purpose of providing

such customs services, and

(B) other than the fees imposed under subsection (a) of this

section, the airlines and airline passengers shall not be

required to reimburse the Secretary of the Treasury for the costs

of providing overtime customs inspectional services at such

places.

(4) Notwithstanding any other provision of law, all customs

services (including, but not limited to, normal and overtime

clearance and preclearance services) shall be adequately provided,

when requested, for -

(A) the clearance of any commercial vessel, vehicle, or

aircraft or its passengers, crew, stores, material, or cargo

arriving, departing, or transiting the United States;

(B) the preclearance at any customs facility outside the United

States of any commercial vessel, vehicle or aircraft or its

passengers, crew, stores, material, or cargo; and

(C) the inspection or release of commercial cargo or other

commercial shipments being entered into, or withdrawn from, the

customs territory of the United States.

(5) For purposes of this subsection, customs services shall be

treated as being ''adequately provided'' if such of those services

that are necessary to meet the needs of parties subject to customs

inspection are provided in a timely manner taking into account

factors such as -

(A) the unavoidability of weather, mechanical, and other

delays;

(B) the necessity for prompt and efficient passenger and

baggage clearance;

(C) the perishability of cargo;

(D) the desirability or unavoidability of late night and early

morning arrivals from various time zones;

(E) the availability (in accordance with regulations prescribed

under subsection (g)(2) of this section) of customs personnel and

resources; and

(F) the need for specific enforcement checks.

(6) Notwithstanding any other provision of law except paragraph

(2), during any period when fees are authorized under subsection

(a) of this section, no charges, other than such fees, may be

collected -

(A) for any -

(i) cargo inspection, clearance, or other customs activity,

expense, or service performed (regardless whether performed

outside of normal business hours on an overtime basis), or

(ii) customs personnel provided,

in connection with the arrival or departure of any commercial

vessel, vehicle, or aircraft, or its passengers, crew, stores,

material, or cargo, in the United States;

(B) for any preclearance or other customs activity, expense, or

service performed, and any customs personnel provided, outside

the United States in connection with the departure of any

commercial vessel, vehicle, or aircraft, or its passengers, crew,

stores, material, or cargo, for the United States; or

(C) in connection with -

(i) the activation or operation (including Customs Service

supervision) of any foreign trade zone or subzone established

under the Act of June 18, 1934 (commonly know (FOOTNOTE 2) as

the Foreign Trade Zones Act, 19 U.S.C. 81a et seq.), or

(FOOTNOTE 2) So in original. Probably should be ''known''.

(ii) the designation or operation (including Customs Service

supervision) of any bonded warehouse under section 1555 of this

title.

(f) Disposition of fees

(1) There is established in the general fund of the Treasury a

separate account which shall be known as the ''Customs User Fee

Account''. Notwithstanding section 1524 of this title, there shall

be deposited as offsetting receipts into the Customs User Fee

Account all fees collected under subsection (a) of this section

except -

(A) the portion of such fees that is required under paragraph

(3) for the direct reimbursement of appropriations, and

(B) amounts deposited into the Customs Commercial and Homeland

Security Automation Account under paragraph (5).

(2) Except as otherwise provided in this subsection, all funds in

the Customs User Fee Account shall be available, to the extent

provided for in appropriations Acts, to pay the costs (other than

costs for which direct reimbursement under paragraph (3) is

required) incurred by the United States Customs Service in

conducting commercial operations, including, but not limited to,

all costs associated with commercial passenger, vessel, vehicle,

aircraft, and cargo processing. So long as there is a surplus of

funds in the Customs User Fee Account, the Secretary of the

Treasury may not reduce personnel staffing levels for providing

commercial clearance and preclearance services.

(3)(A) The Secretary of the Treasury, in accordance with section

1524 of this title and subject to subparagraph (B), shall directly

reimburse, from the fees collected under subsection (a) of this

section (other than the fees under subsection (a)(9) and (10) of

this section and the excess fees determined by the Secretary under

paragraph (5)), each appropriation for the amount paid out of that

appropriation for the costs incurred by the Secretary -

(i) in -

(I) paying overtime compensation under section 267(a) of this

title,

(II) paying premium pay under section 267(b) of this title,

but the amount for which reimbursement may be made under this

subclause may not, for any fiscal year, exceed the difference

between the total cost of all the premium pay for such year

calculated under section 267(b) of this title and the cost of

the night and holiday premium pay that the Customs Service

would have incurred for the same inspectional work on the day

before August 10, 1993,

(III) paying agency contributions to the Civil Service

Retirement and Disability Fund to match deductions from the

overtime compensation paid under subclause (I),

(IV) providing all preclearance services for which the

recipients of such services are not required to reimburse the

Secretary of the Treasury, and

(V) paying foreign language proficiency awards under section

267a of this title,

(ii) to the extent funds remain available after making

reimbursements under clause (i), in providing salaries for

full-time and part-time inspectional personnel and equipment that

enhance customs services for those persons or entities that are

required to pay fees under paragraphs (1) through (8) of

subsection (a) of this section (distributed on a basis

proportionate to the fees collected under paragraphs (1) through

(8) of subsection (a) of this section), and

(iii) to the extent funds remain available after making

reimbursements under clause (ii), in providing salaries for up to

50 full-time equivalent inspectional positions to provide

preclearance services.

The transfer of funds required under subparagraph (C)(iii) has

priority over reimbursements under this subparagraph to carry out

subclauses (II), (III), (IV), and (V) of clause (i). Funds

described in clause (ii) shall only be available to reimburse costs

in excess of the highest amount appropriated for such costs during

the period beginning with fiscal year 1990 and ending with the

current fiscal year.

(B) Reimbursement of appropriations under this paragraph -

(i) shall be subject to apportionment or similar administrative

practices;

(ii) shall be made at least quarterly; and

(iii) to the extent necessary, may be made on the basis of

estimates made by the Secretary of the Treasury and adjustments

shall be made in subsequent reimbursements to the extent that the

estimates were in excess of, or less than, the amounts required

to be reimbursed.

(C)(i) For fiscal year 1991 and subsequent fiscal years, the

amount required to reimburse costs described in subparagraph (A)(i)

shall be projected from actual requirements, and only the excess of

collections over such projected costs for such fiscal year shall be

used as provided in subparagraph (A)(ii).

(ii) The excess of collections over inspectional overtime and

preclearance costs (under subparagraph (A)(i)) reimbursed for

fiscal years 1989 and 1990 shall be available in fiscal year 1991

and subsequent fiscal years for the purposes described in

subparagraph (A)(ii), except that $30,000,000 of such excess shall

remain without fiscal year limitation in a contingency fund and, in

any fiscal year in which receipts are insufficient to cover the

costs described in subparagraph (A)(i) and (ii), shall be used for

-

(I) the costs of providing the services described in

subparagraph (A)(i), and

(II) after the costs described in subclause (I) are paid, the

costs of providing the personnel and equipment described in

subparagraph (A)(ii) at the preceding fiscal year level.

(iii) For each fiscal year, the Secretary of the Treasury shall

calculate the difference between -

(I) the estimated cost for overtime compensation that would

have been incurred during that fiscal year for inspectional

services if sections 261 and 267 of this title, as in effect

before the enactment of section 13811 of the Omnibus Budget

Reconciliation Act of 1993, had governed such costs, and

(II) the actual cost for overtime compensation, premium pay,

and agency retirement contributions that is incurred during that

fiscal year in regard to inspectional services under section 267

of this title, as amended by section 13811 of the Omnibus Budget

Reconciliation Act of 1993, and under section 8331(3) of title 5,

as amended by section 13812(a)(1) of such Act of 1993, plus the

actual cost that is incurred during that fiscal year for foreign

language proficiency awards under section 267a of this title,

and shall transfer from the Customs User Fee Account to the General

Fund of the Treasury an amount equal to the difference calculated

under this clause, or $18,000,000, whichever amount is less.

Transfers shall be made under this clause at least quarterly and on

the basis of estimates to the same extent as are reimbursements

under subparagraph (B)(iii).

(D) At the close of each fiscal year, the Secretary of the

Treasury shall submit a report to the Committee on Finance of the

Senate and the Committee on Ways and Means of the House of

Representatives summarizing the expenditures, on a port-by-port

basis, for which reimbursement has been provided under subparagraph

(A)(ii).

(4) At the close of fiscal year 1988 and each even-numbered

fiscal year occurring thereafter, the Secretary of the Treasury

shall submit a report to the Committee on Ways and Means of the

House of Representatives and the Committee on Finance of the Senate

regarding how the fees imposed under subsection (a) of this section

should be adjusted in order that the balance of the Customs User

Fee Account approximates a zero balance. Before making

recommendations regarding any such adjustments, the Secretary of

the Treasury shall provide adequate opportunity for public

comment. The recommendations shall, as precisely as possible,

propose fees which reflect the actual costs to the United States

Government for the commercial services provided by the United

States Customs Service.

(5)(A) There is created within the general fund of the Treasury a

separate account that shall be known as the ''Customs Commercial

and Homeland Security Automation Account''. In each of fiscal years

2003, 2004, and 2005 there shall be deposited into the Account from

fees collected under subsection (a)(9)(A) of this section,

$350,000,000.

(B) There is authorized to be appropriated from the Account in

fiscal years 2003 through 2005 such amounts as are available in

that Account for the development, establishment, and implementation

of the Automated Commercial Environment computer system for the

processing of merchandise that is entered or released and for other

purposes related to the functions of the Department of Homeland

Security. Amounts appropriated pursuant to this subparagraph are

authorized to remain available until expended.

(C) In adjusting the fee imposed by subsection (a)(9)(A) of this

section for fiscal year 2006, the Secretary of the Treasury shall

reduce the amount estimated to be collected in fiscal year 2006 by

the amount by which total fees deposited to the Account during

fiscal years 2003, 2004, and 2005 exceed total appropriations from

that Account.

(6) Of the amounts collected in fiscal year 1999 under paragraphs

(9) and (10) of subsection (a) of this section, $50,000,000 shall

be available to the Customs Service, subject to appropriations

Acts, for automated commercial systems. Amounts made available

under this paragraph shall remain available until expended.

(g) Regulations and enforcement

(1) The Secretary of the Treasury may prescribe such rules and

regulations as may be necessary to carry out the provisions of this

section. Regulations issued by the Secretary of the Treasury under

this subsection with respect to the collection of the fees charged

under subsection (a)(5) of this section and the remittance of such

fees to the Treasury of the United States shall be consistent with

the regulations issued by the Secretary of the Treasury for the

collection and remittance of the taxes imposed by subchapter C of

chapter 33 of title 26, but only to the extent the regulations

issued with respect to such taxes do not conflict with the

provisions of this section.

(2) Except to the extent otherwise provided in regulations, all

administrative and enforcement provisions of customs laws and

regulations, other than those laws and regulations relating to

drawback, shall apply with respect to any fee prescribed under

subsection (a) of this section, and with respect to persons liable

therefor, as if such fee is a customs duty. For purposes of the

preceding sentence, any penalty expressed in terms of a

relationship to the amount of the duty shall be treated as not less

than the amount which bears a similar relationship to the amount of

the fee assessed. For purposes of determining the jurisdiction of

any court of the United States or any agency of the United States,

any fee prescribed under subsection (a) of this section shall be

treated as if such fee is a customs duty.

(h) Omitted

(i) Effect on other authority

Except with respect to customs services for which fees are

imposed under subsection (a) of this section, nothing in this

section shall be construed as affecting the authority of the

Secretary of the Treasury to charge fees under section 58a of this

title.

(j) Effective dates

(1) Except as otherwise provided in this subsection, the

provisions of this section, and the amendments and repeals made by

this section, shall apply with respect to customs services rendered

after the date that is 90 days after April 7, 1986.

(2) Fees may be charged under subsection (a)(5) of this section

only with respect to customs services rendered in regard to

arriving passengers using transportation for which documents or

tickets were issued after the date that is 90 days after April 7,

1986.

(3) Fees may not be charged under subsection (a) of this section

after September 30, 2003.

(k) Advisory committee

The Commissioner of Customs shall establish an advisory committee

whose membership shall consist of representatives from the airline,

cruise ship, and other transportation industries who may be subject

to fees under subsection (a) of this section. The advisory

committee shall not be subject to termination under section 14 of

the Federal Advisory Committee Act. The advisory committee shall

meet on a periodic basis and shall advise the Commissioner on

issues related to the performance of the inspectional services of

the United States Customs Service. Such advice shall include, but

not be limited to, such issues as the time periods during which

such services should be performed, the proper number and deployment

of inspection officers, the level of fees, and the appropriateness

of any proposed fee. The Commissioner shall give consideration to

the views of the advisory committee in the exercise of his or her

duties.

-SOURCE-

(Pub. L. 99-272, title XIII, Sec. 13031, Apr. 7, 1986, 100 Stat.

308; Pub. L. 99-509, title VIII, Sec. 8101, Oct. 21, 1986, 100

Stat. 1965; Pub. L. 99-514, Sec. 2, title XVIII, Sec.

1893(a)-(c)(1), (d), (e), Oct. 22, 1986, 100 Stat. 2095, 2927-2930;

Pub. L. 100-203, title IX, Sec. 9501(a), Dec. 22, 1987, 101 Stat.

1330-377; Pub. L. 100-418, title I, Sec. 1214(g), Aug. 23, 1988,

102 Stat. 1156; Pub. L. 100-449, title II, Sec. 203, Sept. 28,

1988, 102 Stat. 1861; Pub. L. 100-647, title IX, Sec. 9001(a)(13),

Nov. 10, 1988, 102 Stat. 3807; Pub. L. 101-207, Sec. 3(c)(1),

(f)(2), Dec. 7, 1989, 103 Stat. 1834, 1835; Pub. L. 101-382, title

I, Sec. 111(a)-(e), 139(c), Aug. 20, 1990, 104 Stat. 635-639, 654;

Pub. L. 101-508, title X, Sec. 10001(a), (b), (e), (f), Nov. 5,

1990, 104 Stat. 1388-385 to 1388-387; Pub. L. 103-66, title XIII,

Sec. 13801, 13813, Aug. 10, 1993, 107 Stat. 667, 671; Pub. L.

103-182, title II, Sec. 204, title V, Sec. 521(a), title VI, Sec.

682, Dec. 8, 1993, 107 Stat. 2092, 2160, 2218; Pub. L. 103-465,

title VI, Sec. 611(a), 612(a), Dec. 8, 1994, 108 Stat. 4991, 4992;

Pub. L. 104-295, Sec. 4(a), 6, 21(a)(1), 38(a)-(c), Oct. 11, 1996,

110 Stat. 3516, 3517, 3529, 3539, 3540; Pub. L. 105-150, Sec. 1(a),

Dec. 16, 1997, 111 Stat. 2685; Pub. L. 106-36, title I, Sec.

1001(b)(1), title II, Sec. 2418(a)-(d), June 25, 1999, 113 Stat.

131, 176, 177; Pub. L. 106-476, title I, Sec. 1457, Nov. 9, 2000,

114 Stat. 2170; Pub. L. 107-210, div. A, title III, Sec. 337(a),

Aug. 6, 2002, 116 Stat. 978; Pub. L. 107-296, title IV, Sec.

419(a), Nov. 25, 2002, 116 Stat. 2181.)

-REFTEXT-

REFERENCES IN TEXT

The Harmonized Tariff Schedule of the United States, referred to

in subsecs. (b)(8)(B), (D) and (c)(3), are not set out in the Code.

See Publication of Harmonized Tariff Schedule note set out under

section 1202 of this title.

Section 202 of the United States-Canada Free-Trade Agreement

Implementation Act of 1988, referred to in subsec. (b)(10)(A), is

section 202 of Pub. L. 100-449, which is set out as a note under

section 2112 of this title.

Section 112 of the Customs and Trade Act of 1990, referred to in

subsec. (b)(11), is section 112 of Pub. L. 101-382, which is set

out below.

Act of June 18, 1934 (commonly known as the Foreign Trade Zones

Act, 19 U.S.C. 81a et seq.), referred to in subsec. (e)(6)(C)(i),

is act June 18, 1934, ch. 590, 48 Stat. 998, as amended, which is

classified generally to chapter 1A (Sec. 81a et seq.) of this

title. For complete classification of this Act to the Code, see

Tables.

Sections 261 and 267 of this title, as in effect before the

enactment of section 13811 of the Omnibus Budget Reconciliation Act

of 1993, referred to in subsec. (f)(3)(C)(iii), means sections 261

and 267 of this title as in effect before the amendment made by

section 13811 of Pub. L. 103-66, which amended section 267 of this

title and omitted section 261 of this title.

Section 267 of this title, as amended by section 13811 of the

Omnibus Budget Reconciliation Act of 1993, referred to in subsec.

(f)(3)(C)(iii)(II), means section 267 of this title as amended by

section 13811 of Pub. L. 103-66.

Section 8331(3) of title 5, as amended by section 13812(a)(1) of

such Act of 1993, referred to in subsec. (f)(3)(C)(iii)(II), means

section 8331(3) of title 5, as amended by section 13812(a)(1) of

Pub. L. 103-66.

Customs laws, referred to in subsec. (g)(2), are classified

generally to this title.

The amendments and repeals made by this section, referred to in

subsec. (j)(1), means the amendment of section 545(i) of Title 45,

Railroads, and the repeal of section 1741(e) of former Title 49,

Transportation, by subsec. (h) of this section.

Section 14 of the Federal Advisory Committee Act, referred to in

subsec. (k), is section 14 of Pub. L. 92-463, which is set out in

the Appendix to Title 5, Government Organization and Employees.

-COD-

CODIFICATION

Section is comprised of section 13031 of Pub. L. 99-272. Subsec.

(h) of section 13031 of Pub. L. 99-272 amended section 545(i) of

Title 45, Railroads, and repealed section 1741(e) of former Title

49, Transportation.

-MISC3-

AMENDMENTS

2002 - Subsec. (b)(9)(A). Pub. L. 107-210, Sec. 337(a)(1)(A), in

introductory provisions, substituted ''the processing of letters,

documents, records, shipments, merchandise, or any other item that

is valued at an amount that is less than $2,000 (or such higher

amount as the Secretary of the Treasury may set by regulation

pursuant to section 1498 of this title), except such items entered

for transportation and exportation or immediate exportation'' for

''the processing of merchandise that is informally entered or

released''.

Subsec. (b)(9)(A)(ii). Pub. L. 107-210, Sec. 337(a)(1)(B), added

cl. (ii) and struck out former cl. (ii) which read as follows: ''In

the case of an express consignment carrier facility or centralized

hub facility -

''(I) an amount, for which the Customs Service shall be

reimbursed under section 1524 of this title, equal to the cost of

the services provided by the Customs Service for the facility

during the fiscal year; and

''(II) an annual payment by the facility to the Secretary of

the Treasury, which is in lieu of the payment of fees under

subsection (a)(10) of this section for such fiscal year, in an

amount equal to the reimbursement made under subclause (I).''

Subsec. (b)(9)(B), (C). Pub. L. 107-210, Sec. 337(a)(2), added

subpar. (B) and redesignated former subpar. (B) as (C).

Subsec. (f)(1)(B). Pub. L. 107-296, Sec. 419(a)(1), added subpar.

(B) and struck out former subpar. (B) which read as follows: ''the

portion of such fees that is determined by the Secretary to be

excess fees under paragraph (5).''

Subsec. (f)(4). Pub. L. 107-296, Sec. 419(a)(2), struck out

''(other than the excess fees determined by the Secretary under

paragraph (5))'' after ''subsection (a) of this section''.

Subsec. (f)(5). Pub. L. 107-296, Sec. 419(a)(3), added par. (5)

and struck out former par. (5) which read as follows: ''At the

close of each of fiscal years 1994, 1995, 1996, and 1997, the

Secretary of the Treasury shall determine the amount of the fees

collected under paragraph (5)(A) of subsection (a) of this section

for that fiscal year that exceeds the amount of such fees that

would have been collected for such fiscal year if the fees that

were in effect on the day before the effective date of this

paragraph applied to such fiscal year. The amount of the excess

fees determined under the preceding sentence shall be deposited in

the Customs User Fee Account and shall be available for

reimbursement of inspectional costs (including passenger processing

costs) not otherwise reimbursed under this section, and shall be

available only to the extent provided in appropriations Acts.''

2000 - Subsec. (b)(1)(A)(iii). Pub. L. 106-476 amended cl. (iii)

generally. Prior to amendment, cl. (iii) read as follows: ''the

arrival of any ferry; or''.

1999 - Subsec. (a)(5). Pub. L. 106-36, Sec. 2418(b)(1), amended

par. (5) generally. Prior to amendment, par. (5) read as follows:

''(5)(A) For fiscal years 1994, 1995, 1996, and 1997, for the

arrival of each passenger aboard a commercial vessel or commercial

aircraft from a place outside the customs territory of the United

States, $6.50.

''(B) For fiscal year 1998 and each fiscal year thereafter, 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.''

Subsec. (b)(1)(A). Pub. L. 106-36, Sec. 2418(b)(2), substituted

''Except as provided in subsection (a)(5)(B) of this section, no

fee'' for ''No fee'' in introductory provisions.

Subsec. (e)(1). Pub. L. 106-36, Sec. 1001(b)(1)(A), realigned

margins.

Subsec. (f)(3)(A)(ii). Pub. L. 106-36, Sec. 1001(b)(1)(B)(i),

substituted ''collected under paragraphs (1) through (8) of

subsection (a)'' for ''collected under subsection (a)(1) through

(a)(8)''.

Subsec. (f)(3)(A)(iii). Pub. L. 106-36, Sec. 2418(a), amended cl.

(iii) generally. Prior to amendment, cl. (iii) read as follows:

''to the extent funds remain available after making reimbursements

under clause (ii), in providing salaries for up to 50 full-time

equivalent inspectional positions through September 30, 1998, that

enhance customs services in connection with the arrival in Florida

of passengers aboard commercial vessels, regardless of whether

those passengers are required to pay fees under paragraphs (1)

through (8) of subsection (a) of this section.''

Subsec. (f)(3)(C)(ii)(I). Pub. L. 106-36, Sec. 1001(b)(1)(B)(ii),

substituted ''subparagraph (A)(i)'' for ''paragraph (A)(i)''.

Subsec. (f)(6). Pub. L. 106-36, Sec. 2418(c), added par. (6).

Subsec. (k). Pub. L. 106-36, Sec. 2418(d), added subsec. (k).

1997 - Subsec. (f)(3)(A)(ii). Pub. L. 105-150, Sec. 1(a)(2)(A),

substituted ''after making reimbursements'' for ''to make

reimbursements''.

Subsec. (f)(3)(A)(iii). Pub. L. 105-150, Sec. 1(a), added cl.

(iii).

1996 - Subsec. (a)(5)(A). Pub. L. 104-295, Sec. 38(a)(1),

inserted ''a place'' after ''commercial aircraft from''.

Subsec. (a)(5)(B). Pub. L. 104-295, Sec. 38(a)(2), substituted

''subsection (b)(1)(A)(i)'' for ''subsection (b)(1)(A)''.

Subsec. (b)(1). Pub. L. 104-295, Sec. 38(b), amended par. (1)

generally. Prior to amendment, par. (1) read as follows: ''No fee

may be charged under subsection (a) of this section for customs

services provided in connection with -

''(A) the arrival of any passenger whose journey -

''(i) originated in -

''(I) Canada,

''(II) Mexico,

''(III) a territory or possession of the United States, or

''(IV) any adjacent island (within the meaning of section

1101(b)(5) of title 8, or

''(ii) originated in the United States and was limited to -

''(I) Canada,

''(II) Mexico,

''(III) territories and possessions of the United States,

and

''(IV) such adjacent islands;

''(B) the arrival of any railroad car the journey of which

originates and terminates in the same country, but only if no

passengers board or disembark from the train and no cargo is

loaded or unloaded from such car while the car is within any

country other than the country in which such car originates and

terminates; or

''(C) the arrival of any ferry.

Subparagraph (A) shall not apply to fiscal years 1994, 1995, 1996,

and 1997.''

Subsec. (b)(4). Pub. L. 104-295, Sec. 38(c), designated existing

provisions as subpar. (A), redesignated former subpars. (A) and (B)

as cls. (i) and (ii), respectively, of subpar. (A), and added

subpar. (B).

Subsec. (b)(8)(D)(iv). Pub. L. 104-295, Sec. 4(a)(1), substituted

''heading 9802.00.80 of such Schedule'' for ''subparagraph

9802.00.80 of such Schedules'' and struck out ''and'' at end.

Subsec. (b)(8)(D)(vi). Pub. L. 104-295, Sec. 4(a)(2), (3), added

cl. (vi).

Subsec. (b)(9)(A)(i). Pub. L. 104-295, Sec. 6(a)(1), struck out

''centralized hub facility or'' after ''case of a''.

Subsec. (b)(9)(A)(ii). Pub. L. 104-295, Sec. 6(a)(2), in

introductory provisions, substituted ''facility or centralized hub

facility'' for ''facility'' and, in subcl. (I), struck out

''customs inspectional'' after ''cost of the'' and substituted

''for the facility'' for ''at the facility''.

Subsec. (b)(9)(B)(i). Pub. L. 104-295, Sec. 6(b), struck out '',

as in effect on July 30, 1990'' after ''Code of Federal

Regulations'' and inserted at end ''Nothing in this paragraph shall

be construed as prohibiting the Secretary of the Treasury from

processing merchandise that is informally entered or released at

any centralized hub facility or express consignment carrier

facility during the normal operating hours of the Customs Service,

subject to reimbursement and payment under subparagraph (A).''

Subsec. (b)(9)(B)(ii). Pub. L. 104-295, Sec. 6(c), made technical

amendment to reference in original act which appears in text as

reference to section 58b of this title.

Subsec. (b)(10)(A). Pub. L. 104-295, Sec. 21(a)(1), substituted

''section 202 of the United States-Canada Free-Trade Agreement

Implementation Act of 1988'' for ''section 202 of the United

States-Canada Free-Trade Agreement'' and ''article 403 of that

Agreement'' for ''section 403 of that Agreement''.

1994 - Subsec. (a)(9)(A). Pub. L. 103-465, Sec. 612(a)(1)(A),

substituted ''0.21'' for ''0.17''.

Subsec. (a)(9)(B). Pub. L. 103-465, Sec. 612(a)(1)(B), (C), in

cl. (i), substituted ''(but not to a rate of more than 0.21 percent

nor less than 0.15 percent) and the amounts specified in subsection

(b)(8)(A)(i) (but not to more than $485 nor less than $21) to rates

and amounts which would'' for ''(but not to a rate of more than

0.19 percent nor less than 0.15 percent) that would'' and in cl.

(ii), substituted ''subsection (f) of this section'' for ''section

1613b of this title''.

Subsec. (a)(10). Pub. L. 103-465, Sec. 612(a)(2)(B), (C),

substituted ''$6'' for ''$5'' in cl. (ii) and ''$9'' for ''$8'' in

cl. (iii).

Subsec. (a)(10)(C). Pub. L. 103-465, Sec. 612(a)(2)(A), which

directed the amendment of subpar. (C) by substituting a comma for a

period after ''entry or release'', could not be executed because a

comma, rather than a period, already appeared after ''entry or

release''.

Subsec. (b)(8)(A)(i). Pub. L. 103-465, Sec. 612(a)(3),

substituted ''$485 or be less than $25, unless adjusted pursuant to

subsection (a)(9)(B) of this section'' for ''$400 or be less than

$21''.

Subsec. (f)(3)(A)(i)(II). Pub. L. 103-465, Sec. 611(a), amended

subcl. (II) generally. Prior to amendment, subcl. (II) read as

follows: ''paying premium pay under section 267(b) of this title,

but the amount for which reimbursement may be made under this

subclause may not, for any fiscal year, exceed the difference

between the cost of the premium pay for that year calculated under

such section 267(b) of this title as amended by section 13811 of

the Omnibus Budget Reconciliation Act of 1993 and the cost of such

pay calculated under subchapter V of chapter 55 of title 5,''.

1993 - Subsec. (a)(5). Pub. L. 103-182, Sec. 521(a)(1), amended

par. (5) generally. Prior to amendment, par. (5) read as follows:

''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) of this section),

$5.''

Subsec. (b)(1). Pub. L. 103-182, Sec. 521(a)(2), inserted after

subpar. (C) ''Subparagraph (A) shall not apply to fiscal years

1994, 1995, 1996, and 1997.''

Subsec. (b)(10). Pub. L. 103-182, Sec. 204, amended par. (10)

generally. Prior to amendment, par. (10) read as follows: ''The

fee charged under subsection (a)(9) or (10) of this section with

respect to goods of Canadian origin (as determined under section

202 of the United States-Canada Free-Trade Agreement Implementation

Act of 1988) shall be in accordance with article 403 of the United

States-Canada Free-Trade Agreement. Any service for which an

exemption from such fee is provided by reason of this paragraph may

not be funded with money contained in the Customs User Fee

Account.''

Subsec. (f)(1). Pub. L. 103-182, Sec. 521(a)(3)(A), substituted

''except - '' and subpars. (A) and (B) for ''except that portion of

such fees that is required under paragraph (3) for the direct

reimbursement of appropriations.''

Subsec. (f)(3)(A). Pub. L. 103-182, Sec. 521(a)(3)(B), in

introductory provisions, substituted ''(other than the fees under

subsection (a)(9) and (10) of this section and the excess fees

determined by the Secretary under paragraph (5))'' for ''(other

than subsection (a)(9) or (10) of this section)''.

Pub. L. 103-66, Sec. 13813(2), in closing provisions, inserted

''The transfer of funds required under subparagraph (C)(iii) has

priority over reimbursements under this subparagraph to carry out

subclauses (II), (III), (IV), and (V) of clause (i).''

Subsec. (f)(3)(A)(i). Pub. L. 103-66, Sec. 13813(1), amended cl.

(i) generally. Prior to amendment, cl. (i) read as follows: ''in

providing -

''(I) inspectional overtime services, and

''(II) all preclearance services for which the recipients of

such services are not required to reimburse the Secretary of the

Treasury, and''.

Subsec. (f)(3)(B)(i). Pub. L. 103-66, Sec. 13813(3), struck out

''except for costs described in subparagraph (A)(i)(I) and (II),''

before ''shall be subject''.

Subsec. (f)(3)(C)(i), (iii). Pub. L. 103-66, Sec. 13813(4),

substituted ''to reimburse costs described in subparagraph (A)(i)''

for ''to fully reimburse inspectional overtime and preclearance

costs'' in clause (i) and added clause (iii).

Subsec. (f)(4). Pub. L. 103-182, Sec. 521(a)(3)(C), substituted

''under subsection (a) of this section (other than the excess fees

determined by the Secretary under paragraph (5))'' for ''under

subsection (a) of this section''.

Subsec. (f)(5). Pub. L. 103-182, Sec. 521(a)(3)(D), added par.

(5).

Subsec. (g). Pub. L. 103-182, Sec. 682, in par. (1), substituted

''The'' for ''In addition to the regulations required under

paragraph (2), the'', redesignated par. (3) as (2), and struck out

former par. (2) which read as follows: ''The Secretary of the

Treasury shall prescribe regulations governing the work shifts of

customs personnel at airports. Such regulations shall provide,

among such other factors considered appropriate by the Secretary,

that -

''(A) the work shifts will be adjusted, as necessary, to meet

cyclical and seasonal demands and to minimize the use of

overtime;

''(B) the work shifts will not be arbitrarily reduced or

compressed; and

''(C) consultation with the Advisory Committee on Commercial

Operations of the United States Customs Service (established

under section 9501(c) of the Omnibus Budget Reconciliation Act of

1987) will be carried out before adjustments are made in the work

shifts.''

Subsec. (j)(3). Pub. L. 103-182, Sec. 521(a)(4), substituted

''2003'' for ''1998''.

Pub. L. 103-66, Sec. 13801, substituted ''1998'' for ''1995''.

1990 - Subsec. (a)(9). Pub. L. 101-508, Sec. 10001(b), amended

par. (9) generally. Prior to amendment, par. (9) read as follows:

''For the processing of merchandise that is formally entered or

released during any fiscal year, a fee, subject to the limitations

in subsection (b)(8)(A) of this section, in an amount equal to 0.17

percent ad valorem.''

Pub. L. 101-382, Sec. 111(a), amended par. (9) generally. Prior

to amendment, par. (9) read as follows: ''For the processing of any

merchandise (other than an article that is -

''(A) provided for under any item in chapter 98 of the

Harmonized Tariff Schedule of the United States, except

subheading 9802.00.60 or 9802.00.80,

''(B) a product of an insular possession of the United States,

or

''(C) a product of any county listed in general note 3(c)(v) of

such Schedule)

that is formally entered, or withdrawn from warehouse for

consumption -

''(i) after November 30, 1986, and

''(ii) before October 1, 1987;

a fee in an amount equal to 0.22 percent ad valorem.''

Subsec. (a)(10). Pub. L. 101-508, Sec. 10001(e)(1), inserted ''if

more than 25,000 informal entries were cleared through such airport

or facility during the fiscal year preceding such entry or

release,'' after ''applies,'' in subpar. (C).

Pub. L. 101-382, Sec. 111(a), amended par. (10) generally. Prior

to amendment, par. (10) read as follows: ''For the processing of

any merchandise (other than an article described in subparagraph

(A), (B), or (C) of paragraph (9)) that is formally entered, or

withdrawn from warehouse for consumption, during any fiscal year

occurring after September 30, 1987; a fee in an amount equal to the

lesser of -

''(A) 0.17 percent ad valorem, or

''(B) an ad valorem rate which the Secretary of the Treasury

estimates will provide a total amount of revenue during the

fiscal year equal to -

''(i) the total amount authorized to be appropriated for such

fiscal year to the United States Customs Service for salaries

and expenses incurred in conducting commercial operations

during such fiscal year, reduced by

''(ii) the excess, if any, of -

''(I) the total amount authorized to be appropriated for

such salaries and expenses for such fiscal year, over

''(II) the total amount actually appropriated for such

salaries and expenses for such fiscal year;

except that if appropriations are not authorized for a fiscal year,

the fee imposed under this paragraph with respect to that year

shall be in an amount equal to 0.17 percent ad valorem.''

Subsec. (b)(1)(B). Pub. L. 101-382, Sec. 111(b)(1), amended

subpar. (B) generally. Prior to amendment, subpar. (B) read as

follows: ''the arrival of any railroad car that is part of a train

which originates and terminates in the same country, but only if -

''(i) such car is part of such train when such train departs

from the United States, and

''(ii) no passengers board or disembark from such train, and no

cargo is loaded or unloaded from such train, while such train is

within any country other than the country in which such train

originates and terminates; or''.

Subsec. (b)(8)(A). Pub. L. 101-382, Sec. 111(b)(2)(C), added

subpar. (A). Former subpar. (A) redesignated (D).

Subsec. (b)(8)(B). Pub. L. 101-382, Sec. 111(b)(2)(B), (C), added

subpar. (B) and struck out former subpar. (B) which read as

follows:

''(i) By no later than the date that is 5 days after the date on

which any funds are appropriated to the United States Customs

Service for salaries or expenses incurred in conducting commercial

operations, the Secretary of the Treasury shall determine the ad

valorem rate of the fee charged under subsection (a)(10) of this

section and shall publish the determination in the Federal

Register. Such ad valorem rate shall apply with respect to services

provided for the processing of entries, and withdrawals from

warehouse, for consumption made after the date that is 60 days

after the date of such determination.

''(ii) No determination is required under clause (i) with respect

to an appropriation to the United States Customs Service if the

funds appropriated are available for less than 60 days.''

Subsec. (b)(8)(C). Pub. L. 101-508, Sec. 10001(f), amended cl.

(ii) generally. Prior to amendment, cl. (ii) read as follows:

''any reference to a manual entry or release includes -

''(I) any entry or release filed by a broker or importer that

requires the recording of cargo selectivity data by customs

personnel, except when the recording of such data is required

because of a temporary administrative or technical failure in the

Customs Service automated commercial system that prevents the

filing of entries or release in that system by brokers and

importers that are certified by the Customs Service to do so; and

''(II) any entry or release filed by a broker or importer that

is not certified by the Customs Service to file entries and

releases in the Customs Service automated commercial system.''

Pub. L. 101-382, Sec. 111(b)(2)(C), added subpar. (C).

Subsec. (b)(8)(D). Pub. L. 101-382, Sec. 139(c)(3), substituted

''subheading 9802.00.60 or heading 9802.00.80 of such Schedule''

for ''subparagraph 9802.00.60 or 807.00 of such Schedules'' in

concluding provisions.

Pub. L. 101-382, Sec. 111(b)(2)(A), redesignated subpar. (A) as

(D).

Subsec. (b)(8)(D)(ii). Pub. L. 101-382, Sec. 111(b)(2)(D)(i),

substituted ''except as otherwise provided in this paragraph, be

based'' for ''be based''.

Subsec. (b)(8)(D)(iii). Pub. L. 101-382, Sec. 139(c)(1),

substituted ''subheading 9802.00.60 of the Harmonized Tariff

Schedule of the United States'' for ''subparagraph 9802.00.60 of

the Tariff Schedules of the United States''.

Subsec. (b)(8)(D)(iv). Pub. L. 101-382, Sec. 139(c)(2), which

directed amendment of cl. (iv) by substituting ''heading 9802.00.80

of such Schedule'' for ''subparagraph 9802.00.80 of Schedules'',

could not be executed because ''subparagraph 9802.00.80 of

Schedules'' did not appear in text.

Subsec. (b)(8)(D)(v). Pub. L. 101-382, Sec.

111(b)(2)(D)(ii)-(iv), added cl. (v).

Subsec. (b)(8)(E). Pub. L. 101-382, Sec. 111(b)(2)(E), added

subpar. (E).

Subsec. (b)(9). Pub. L. 101-508, Sec. 10001(e)(2), inserted '',

if more than 25,000 informal entries were cleared through such

airport or facility during the preceding fiscal year'' after

''applies'' in subpar. (B)(ii).

Pub. L. 101-382, Sec. 111(b)(3), amended par. (9) generally.

Prior to amendment, par. (9) read as follows: ''The Secretary may

reduce by an amount he considers equitable the fees charged under

subsection (a) of this section for the processing of merchandise

entries at facilities at which users reimburse the United States

Customs Service, pursuant to section 9701 of title 31 or section

58b of this title, for the services that it provides at the

facilities.''

Subsec. (b)(10). Pub. L. 101-382, Sec. 111(b)(4), inserted

reference to subsec. (a)(9) of this section.

Subsec. (b)(11). Pub. L. 101-382, Sec. 111(b)(5), added par.

(11).

Subsec. (f)(2). Pub. L. 101-382, Sec. 111(c)(1), substituted

''Except as otherwise provided in this subsection, all funds'' for

''All funds''.

Subsec. (f)(3). Pub. L. 101-382, Sec. 111(c)(2), amended par. (3)

generally. Prior to amendment, par. (3) read as follows: ''The

Secretary of the Treasury, in accordance with section 1524 of this

title and without regard to apportionment or any other

administrative practice or limitation, shall directly reimburse,

from the fees collected under subsection (a) of this section, each

appropriation for the amount paid out of that appropriation for the

costs incurred by the Secretary in providing -

''(A) inspectional overtime services; and

''(B) all preclearance services;

for which the recipients of such services are not required to

reimburse the Secretary of the Treasury. Reimbursement under this

paragraph shall apply with respect to each fiscal year occurring

after September 30, 1987, and shall be made at least quarterly. To

the extent necessary, reimbursement of appropriations under this

paragraph may be made on the basis of estimates made by the

Secretary of the Treasury of the costs for inspectional overtime

and preclearance services, and adjustments shall be made in

subsequent reimbursements to the extent that the estimates were in

excess of, or less than, the amounts required to be reimbursed.''

Subsec. (g). Pub. L. 101-382, Sec. 111(d), inserted ''and

enforcement'' after ''Regulations'' in heading and added par. (3).

Subsec. (j)(3). Pub. L. 101-508, Sec. 10001(a), substituted

''1995'' for ''1991''.

Pub. L. 101-382, Sec. 111(e), substituted ''1991'' for ''1990''.

1989 - Subsec. (e)(2). Pub. L. 101-207 inserted subpar. (A)

designation, added subpar. (B), and inserted '', seaport or other

facility'' after ''airport'' in subpars. (A) and (B).

1988 - Subsec. (a)(9)(A). Pub. L. 100-418, Sec. 1214(g)(1), as

amended by Pub. L. 100-647, Sec. 9001(a)(13), substituted ''chapter

98 of the Harmonized Tariff Schedule of the United States, except

subheading 9802.00.60 or 9802.00.80'' for ''schedule 8 of the

Tariff Schedules of the United States except item 806.30 or

807.00''.

Subsec. (a)(9)(C). Pub. L. 100-418, Sec. 1214(g)(2), (3), as

amended by Pub. L. 100-647, Sec. 9001(a)(13), substituted ''general

note 3(c)(v) of such Schedule'' for ''General Headnote 3(e)(vi) or

(vii) of such Schedules''.

Subsec. (b)(8)(A). Pub. L. 100-418, Sec. 1214(g)(4), (5), as

added by Pub. L. 100-647, Sec. 9001(a)(13), substituted

''subparagraph 9802.00.60'' for ''item 806.30'' in cl. (iii) and

concluding provisions and ''subparagraph 9802.00.80'' for ''item

807.00'' in cl. (iv).

Subsec. (b)(10). Pub. L. 100-449 added par. (10).

Subsec. (c)(3). Pub. L. 100-418, Sec. 1214(g)(6), formerly Sec.

1214(g)(3), as renumbered by Pub. L. 100-647, Sec. 9001(a)(13),

substituted ''general note 2 of the Harmonized Tariff Schedule of

the United States'' for ''headnote 2 of the General Headnotes and

Rules of Interpretation of the Tariff Schedules of the United

States''.

1987 - Subsec. (a)(9)(A). Pub. L. 100-203, Sec. 9501(a)(1)(A),

amended subpar. (A) generally. Prior to amendment, subpar. (A)

read as follows: ''provided for in schedule 8 of the Tariff

Schedules of the United States,''.

Subsec. (b)(8)(A). Pub. L. 100-203, Sec. 9501(a)(1)(B), added

cls. (iii) and (iv) and last sentence.

Subsec. (e)(4) to (6). Pub. L. 100-203, Sec. 9501(a)(2), added

pars. (4) and (5), and redesignated former par. (4) as (6) and

amended it generally. Prior to amendment, par. (6) read as

follows: ''Notwithstanding any other provision of law, during any

period when fees are authorized under subsection (a) of this

section, no charges, other than such fees, may be collected for -

''(A) any cargo inspection, clearance, or other customs service

performed (regardless whether performed outside of normal

business hours on an overtime basis); or

''(B) any customs personnel provided;

in connection with the arrival or departure of any commercial

vessel, vehicle or aircraft, or its passengers, crew, and cargo, in

the United States.''

Subsec. (f)(1) to (3). Pub. L. 100-203, Sec. 9501(a)(3), added

pars. (1) to (3) and struck out former pars. (1) to (3) which read

as follows:

''(1) Notwithstanding section 1524 of this title, all of the fees

collected under subsection (a) of this section shall be deposited

in a separate account within the general fund of the Treasury of

the United States. Such account shall be known as the 'Customs User

Fee Account'.

''(2)(A) The Secretary of the Treasury shall refund out of the

Customs User Fee Account to any appropriation the amount paid out

of such appropriation for expenses incurred by the Secretary of the

Treasury in providing overtime customs inspectional services for

which the recipient of such services is not required to reimburse

the Secretary of the Treasury.

''(B) The amounts which are required to be refunded under

subparagraph (A) shall be refunded at least quarterly on the basis

of estimates made by the Secretary of the Treasury of the expenses

referred to in subparagraph (A). Proper adjustments shall be made

in the amounts subsequently refunded under subparagraph (A) to the

extent prior estimates were in excess of, or less than, the amounts

required to be refunded under subparagraph (A).

''(3) Except as provided in paragraph (2), all funds in the

Customs User Fee Account shall only be available, to the extent

provided for in appropriation Acts, for the salaries and expenses

of the United States Customs Service incurred in conducting

commercial operations.''

Subsec. (g). Pub. L. 100-203, Sec. 9501(a)(4), designated

existing provisions as par. (1), substituted ''In addition to the

regulations required under paragraph (2), the'' for ''The'', and

added par. (2).

Subsec. (j)(3). Pub. L. 100-203, Sec. 9501(a)(5), substituted

''1990'' for ''1989''.

1986 - Subsec. (a)(2). Pub. L. 99-514, Sec. 1893(a)(1)(A),

substituted ''For'' for ''Subject to the limitation in subsection

(b)(2) of this section, for''.

Subsec. (a)(3). Pub. L. 99-514, Sec. 1893(a)(2), amended par. (3)

generally. Prior to amendment, par. (3) read as follows: ''Subject

to the limitations in subsection (b)(1)(B) and (3) of this section,

for the arrival of each railroad car, whether passenger or freight,

$5.''

Subsec. (a)(8). Pub. L. 99-514, Sec. 1893(a)(1)(B), which

directed the amendment of subsec. (a) by adding par. (8) at the end

thereof, was executed by adding par. (8) after par. (7) as the

probable intent of Congress in view of the intervening addition of

pars. (9) and (10) by Pub. L. 99-509.

Subsec. (a)(9), (10). Pub. L. 99-509, Sec. 8101(a), added pars.

(9) and (10).

Subsec. (b)(1)(A). Pub. L. 99-514, Sec. 1893(b)(2), amended

subpar. (A) generally. Prior to amendment, subpar. (A) read as

follows: ''the arrival of any passenger whose journey originated in

-

''(i) Canada,

''(ii) Mexico,

''(iii) a territory or possession of the United States, or

''(iv) any adjacent island (within the meaning of section

1101(b)(5) of title 8; or''.

Subsec. (b)(1)(C). Pub. L. 99-514, Sec. 1893(b)(3), added subpar.

(C).

Subsec. (b)(4) to (7). Pub. L. 99-514, Sec. 1893(b)(1), which

directed the amendment of subsec. (b) by adding pars. (4) to (7) at

the end thereof, was executed by adding pars. (4) to (7) after par.

(3) as the probable intent of Congress in view of the intervening

addition of pars. (8) and (9) by Pub. L. 99-509.

Subsec. (b)(8), (9). Pub. L. 99-509, Sec. 8101(b), added pars.

(8) and (9).

Subsec. (c)(1). Pub. L. 99-514, Sec. 1893(b)(4)(A), amended par.

(1) generally. Prior to amendment, par. (1) read as follows: ''The

term 'vessel' does not include any ferry.''

Subsec. (c)(5). Pub. L. 99-514, Sec. 1893(b)(4)(B), added par.

(5).

Subsec. (d)(4). Pub. L. 99-514, Sec. 1893(c)(1), added par. (4).

Subsec. (e)(1). Pub. L. 99-514, Sec. 1893(d)(1), amended par. (1)

generally. Prior to amendment, par. (1) read as follows:

''Notwithstanding section 1451 of this title or any other provision

of law (other than paragraph (2)), the customs services required to

be provided to passengers upon arrival in the United States on

scheduled airline flights at customs serviced airports shall be

adequately provided when needed and at no cost (other than the fees

imposed under subsection (a) of this section) to airlines and

airline passengers.''

Subsec. (e)(2). Pub. L. 99-509, Sec. 8101(c)(2), substituted

''This subsection'' for ''Paragraph (1)'' in par. (2) as amended by

Sec. 1893 of Pub. L. 99-514 below.

Pub. L. 99-514, Sec. 1893(d)(2)(A), substituted ''Paragraph (1)''

for ''this subsection''.

Subsec. (e)(3). Pub. L. 99-514, Sec. 1893(d)(2)(B), which

directed the amendment of subsec. (e) by adding par. (3) at the end

thereof, was executed by adding par. (3) after par. (2) as the

probable intent of Congress in view of the intervening addition of

par. (4) by Pub. L. 99-509.

Subsec. (e)(4). Pub. L. 99-509, Sec. 8101(c), added par. (4).

Subsec. (f)(3), (4). Pub. L. 99-509, Sec. 8101(d), added pars.

(3) and (4).

Subsec. (g). Pub. L. 99-514, Sec. 1893(e), inserted provisions

relating to regulations with respect to collection and remittance

of fees.

Pub. L. 99-514, Sec. 2, substituted ''Internal Revenue Code of

1986'' for ''Internal Revenue Code of 1954'', which for purposes of

codification was translated as ''title 26'' thus requiring no

change in text.

Subsec. (j)(1), (3). Pub. L. 99-509, Sec. 8101(e), substituted

''otherwise provided in this subsection'' for ''provided in

paragraph (2)'' in par. (1) and added par. (3).

EFFECTIVE DATE OF 2002 AMENDMENTS

Amendment by Pub. L. 107-296 effective 60 days after Nov. 25,

2002, see section 4 of Pub. L. 107-296, set out as an Effective

Date note under section 101 of Title 6, Domestic Security.

Pub. L. 107-210, div. A, title III, Sec. 337(b), Aug. 6, 2002,

116 Stat. 980, provided that: ''The amendments made by subsection

(a) (amending this section) take effect on October 1, 2002.''

EFFECTIVE DATE OF 2000 AMENDMENT

Pub. L. 106-476, title I, Sec. 1471, Nov. 9, 2000, 114 Stat.

2174, provided that: ''Except as otherwise provided in this title

(enacting section 1308 of this title, amending this section,

sections 1313, 1433, 1434, 1441, 1484, 1505, and 1555 of this

title, section 69 of Title 15, Commerce and Trade, and section 91

of Title 46, Appendix, Shipping, and enacting provisions set out as

notes under sections 1308, 1313, 1484, and 1654 of this title and

section 1113 of Title 31, Money and Finance), the amendments made

by this title shall apply with respect to goods entered, or

withdrawn from warehouse, for consumption, on or after the 15th day

after the date of the enactment of this Act (Nov. 9, 2000).''

EFFECTIVE DATE OF 1999 AMENDMENT

Pub. L. 106-36, title II, Sec. 2418(f), June 25, 1999, 113 Stat.

177, provided that: ''The amendments made by this section (amending

this section and section 1505 of this title) shall take effect 30

days after the date of the enactment of this Act (June 25, 1999).''

EFFECTIVE DATE OF 1996 AMENDMENT

Section 4(b) of Pub. L. 104-295 provided that: ''The amendments

made by subsection (a) (amending this section) apply to -

''(1) any entry made from a foreign trade zone on or after the

15th day after the date of the enactment of this Act (Oct. 11,

1996); and

''(2) any entry made from a foreign trade zone after November

30, 1986, and before such 15th day if liquidation of the entry

was not final before such 15th day.''

Section 38(d) of Pub. L. 104-295 provided that: ''The amendments

made by this section (amending this section) shall take effect as

if included in the amendments made by section 521 of the North

American Free Trade Agreement Implementation Act (Pub. L.

103-182).''

EFFECTIVE DATE OF 1994 AMENDMENT

Section 611(b) of Pub. L. 103-465 provided that: ''The amendment

made by this section (amending this section) shall apply to customs

inspectional services performed on or after January 1, 1994.''

Section 612(b) of Pub. L. 103-465 provided that: ''The amendments

made by this section (amending this section) apply to articles

entered, or withdrawn from warehouse for consumption, on or after

January 1, 1995.''

EFFECTIVE DATE OF 1993 AMENDMENT

Amendment by section 204 of Pub. L. 103-182 effective on the date

the North American Free Trade Agreement enters into force with

respect to the United States (Jan. 1, 1994), see section 213(b) of

Pub. L. 103-182, set out as an Effective Date note under section

3331 of this title.

Section 521(b) of Pub. L. 103-182 provided that: ''The amendments

made by this section (amending this section) shall take effect on

the date the Agreement (North American Free Trade Agreement) enters

into force with respect to the United States (Jan. 1, 1994).''

Section 692 of title VI of Pub. L. 103-182 provided that: ''This

title (see Tables for classification) takes effect on the date of

the enactment of this Act (Dec. 8, 1993).''

EFFECTIVE DATE OF 1990 AMENDMENTS

Section 4(c) of Pub. L. 104-295 provided that: ''The amendment

made by section 111(b)(2)(D)(iv) of the Customs and Trade Act of

1990 (Pub. L. 101-382, amending this section) shall apply to -

''(1) any entry made from a foreign trade zone on or after the

15th day after the date of the enactment of this Act (Oct. 11,

1996); and

''(2) any entry made from a foreign trade zone after November

30, 1986, and before such 15th day if the liquidation of the

entry was not final before such 15th day.''

Section 10001(g) of Pub. L. 101-508 provided that:

''(1) In general. - The amendments made by subsections (b), (c),

and (d) (amending this section and section 2082 of this title and

amending provisions set out below) shall take effect on the date of

the enactment of the Act providing full-year appropriations for the

Customs Service for fiscal year 1992 (Pub. L. 102-141, Oct. 28,

1991, 105 Stat. 837), and shall apply to fiscal years beginning on

and after October 1, 1991.

''(2) Merchandise processing fees for small airports. - The

amendments made by subsection (e) (amending this section) shall

take effect as if included in section 111 of the Customs and Trade

Act of 1990 (Pub. L. 101-382, set out below).

''(3) Manual Entries and Releases. - The amendment made by

subsection (f) (amending this section) shall take effect on the

date of the enactment of this Act (Nov. 5, 1990).''

Section 115 of Pub. L. 101-382 provided that:

''(a) In General. - Except as provided in subsection (b), this

subtitle (subtitle B (Sec. 111-115) of title I of Pub. L. 101-382,

enacting section 2082 of this title, amending this section, and

enacting provisions set out as notes below), and the amendments

made by this subtitle, take effect October 1, 1990, but the

amendment made by section 111(b)(1) (amending this section) applies

with respect to railroad cars arriving in the United States on or

after July 7, 1986.

''(b) Exceptions. - The amendment made by section 111(d)

(amending this section), and section 112 (enacting provisions set

out below), take effect on the date of the enactment of this Act

(Aug. 20, 1990).''

EFFECTIVE AND TERMINATION DATES OF 1988 AMENDMENTS

Section 9001(b) of Pub. L. 100-647 provided that: ''The

amendments made by this section (amending this section, sections

1330, 1332, 1337, 1671, 1677, 1677-2, 2131, 2138, 2212, 2253, 2254,

2296, and 2703 of this title, and provisions set out as notes under

sections 1507, 1671, and 2397 of this title) shall be applied as if

such amendments took effect on August 23, 1988.''

Amendment by Pub. L. 100-449 effective on date the United

States-Canada Free-Trade Agreement enters into force (Jan. 1,

1989), and to cease to have effect on date Agreement ceases to be

in force, see section 501(a), (c) of Pub. L. 100-449, set out in a

note under section 2112 of this title.

Amendment by Pub. L. 100-418 effective Jan. 1, 1989, and

applicable with respect to articles entered on or after such date,

see section 1217(b)(1) of Pub. L. 100-418, set out as an Effective

Date note under section 3001 of this title.

EFFECTIVE DATE OF 1987 AMENDMENT

Section 9501(d) of Pub. L. 100-203 provided that:

''(1) Except as otherwise provided in this subsection, the

provisions of this section (amending this section, enacting

provisions set out as a note under section 3 of this title, and

amending provisions set out below) take effect on the date of the

enactment of this Act (Dec. 22, 1987).

''(2) The amendments made by subsection (a)(1) (amending this

section) apply with respect to articles entered, or withdrawn from

warehouse for consumption, on or after the 15th day after the date

of enactment of this Act.

''(3) The amendment made by subsection (a)(3) (amending this

section) shall take effect on October 1, 1987.''

EFFECTIVE DATE OF 1986 AMENDMENT; REFUNDS

Section 1893(g) of Pub. L. 99-514, as amended by Pub. L. 100-203,

title IX, Sec. 9501(b), Dec. 22, 1987, 101 Stat. 1330-379, provided

that:

''(1) The amendments made by this section (amending this section

and section 1741 of former Title 49, Transportation, and enacting

provisions set out below) shall apply with respect to services

rendered after the date that is 15 days after the date of enactment

of this Act (Oct. 22, 1986).

''(2) Upon written request filed by any person with the Secretary

of the Treasury (hereafter in this subsection referred to as the

'Secretary') before the date that is 90 days after the date of the

enactment of the Omnibus Budget Reconciliation Act of 1987 (Dec.

22, 1987) which is accompanied by such documentation establishing

proof of payment as the Secretary may require, the Secretary shall

refund (out of funds in the Treasury of the United States not

otherwise appropriated) to such person an amount equal to the

excess of -

''(A) the amount of fees imposed by section 13031 of the

Consolidated Omnibus Budget Reconciliation Act of 1985 (this

section) that were paid by such person to the Secretary with

respect to customs services provided -

''(i) after July 6, 1986, and

''(ii) on or before the date that is 15 days after the date

of enactment of this Act, over

''(B) the amount of fees such person would have been required

to pay to the Secretary by reason of such section with respect to

such services if the amendments made by subsections (a)(1) and

(b) (amending this section) applied with respect to such

services.

''(3) If the customs broker permit fee paid by any person for

calendar year 1986 under section 13031(a)(7) of the Consolidated

Omnibus Budget Reconciliation Act of 1985 exceeds $62.50, the

Secretary shall either -

''(A) refund (out of funds in the Treasury of the United States

not otherwise appropriated) to such person the amount of the

excess, or

''(B) if requested by such person, credit the amount of the

excess to the fee due under such section 13031(a)(7) with respect

to such permit for calendar year 1987.''

CONSTRUCTION OF 1993 AMENDMENT

Section 212 of title II of Pub. L. 103-182 provided that: ''Any

amendment in this title (amending this section and sections 81c,

1304, 1311 to 1313, 1508, 1509, 1514, 1520, 1562, 1592, and 1628 of

this title) to a law that is also amended under title VI (see

Tables for classification) shall be made after the title VI

amendment is executed.''

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions, personnel, assets, and liabilities of

the United States Customs Service of the Department of the

Treasury, including functions of the Secretary of the Treasury

relating thereto, to the Secretary of Homeland Security, and for

treatment of related 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 November 25, 2002, as

modified, set out as a note under section 542 of Title 6.

-MISC5-

AGGREGATION OF MERCHANDISE PROCESSING FEES

Section 111(f) of Pub. L. 101-382, as amended by Pub. L. 101-508,

title X, Sec. 10001(c), Nov. 5, 1990, 104 Stat. 1388-386, provided

that:

''(1) Notwithstanding any provision of section 13031 of the

Consolidated Omnibus Budget Reconciliation Act of 1985 (19 U.S.C.

58c), in the case of entries of merchandise made under the

temporary monthly entry programs established by the Commissioner of

Customs before July 1, 1989, for the purpose of testing entry

processing improvements, the fee charged under section 13031(a)(9)

of the Consolidated Omnibus Budget Reconciliation Act of 1985 for

each day's importations at each port by the same importer from the

same exporter shall be the lesser of -

''(A) $400, or

''(B) the amount determined by applying the ad valorem rate

currently in effect under such section 13031(a)(9) to the total

value of each day's importations at each port by the same

importer from the same exporter.

''(2) The fees described in paragraph (1) that are payable under

the program described in paragraph (1) shall be paid with each

monthly consumption entry. Interest shall accrue on the fees paid

monthly in accordance with section 6621 of the Internal Revenue

Code of 1986 (26 U.S.C. 6621).''

EXEMPTION OF ISRAELI PRODUCTS FROM CERTAIN USER FEES

Section 112 of Pub. L. 101-382 provided that: ''If the United

States Trade Representative determines that the Government of

Israel has provided reciprocal concessions in exchange for the

exemption of the products of Israel from the fees imposed under

section 13031(a)(9) and (10) of the Consolidated Omnibus Budget

Reconciliation Act of 1985 (19 U.S.C. 58c(a)(9), (10)) (as amended

by section 111), such fees may not be charged with respect to any

product of Israel that is entered, or withdrawn from warehouse for

consumption, on or after the 15th day (which day may not be before

October 1, 1990) after the date on which the determination is

published in the Federal Register.''

PLAN AMENDMENTS NOT REQUIRED UNTIL JANUARY 1, 1989

For provisions directing that if any amendments made by subtitle

A or subtitle C of title XI (Sec. 1101-1147 and 1171-1177) or title

XVIII (Sec. 1801-1899A) of Pub. L. 99-514 require an amendment to

any plan, such plan amendment shall not be required to be made

before the first plan year beginning on or after Jan. 1, 1989, see

section 1140 of Pub. L. 99-514, as amended, set out as a note under

section 401 of Title 26, Internal Revenue Code.

FEE FOR CUSTOMS BROKER PERMIT FOR 1986; REINSTATEMENT OF REVOKED OR

SUSPENDED CUSTOMS BROKERS' LICENSES AND PERMITS

Section 1893(c)(2), (3) of Pub. L. 99-514 provided that:

''(2) Notwithstanding section 13031(a)(7) of the Consolidated

Omnibus Budget Reconciliation Act of 1985 (19 U.S.C. 58c(a)(7)),

the fee imposed by section 13031(a) of such Act with respect to

each customs broker permit held by an individual, partnership,

association, or corporate customs broker for calendar year 1986 is

$62.50.

''(3)(A) The Secretary of the Treasury shall reinstate any

customs broker's license or customs broker permit issued under

subsection (b) or (c) of section 641 of the Tariff Act of 1930 (19

U.S.C. 1641) that was suspended or revoked on or before the date of

enactment of this Act (Oct. 22, 1986) solely by reason of

nonpayment of the fee imposed by section 13031(a)(7) of the

Consolidated Omnibus Budget Reconciliation Act of 1985.

''(B) Notwithstanding any other provision of law, the Secretary

of the Treasury may not suspend or revoke any customs broker permit

issued under section 641(c) of the Tariff Act of 1930 (19 U.S.C.

1641(c)) solely by reason of nonpayment of the fee imposed by

section 13031(a)(7) of the Consolidated Omnibus Budget

Reconciliation Act of 1985 before the date that is 60 days after

the date of enactment of this Act (Oct. 22, 1986).''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1484, 1499, 2075 of this

title; title 6 sections 212, 213; title 49 section 80503.

-CITE-

19 USC Sec. 59 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 1 - COLLECTION DISTRICTS, PORTS, AND OFFICERS

-HEAD-

Sec. 59. Repealed. Aug. 2, 1956, ch. 887, Sec. 4(a)(21), 70 Stat.

947

-MISC1-

Section, R.S. Sec. 2635; act June 17, 1930, ch. 497, title IV,

Sec. 523, 46 Stat. 740, required posting of a table of fees.

-CITE-

19 USC Sec. 60 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 1 - COLLECTION DISTRICTS, PORTS, AND OFFICERS

-HEAD-

Sec. 60. Penalty for extortion

-STATUTE-

Every officer of the customs who demands or receives any other or

greater fee, compensation, or reward than is allowed by law, for

performing any duty or service required from him by law, shall be

liable to a penalty of $200 for each offense, recoverable to the

use of the party aggrieved.

-SOURCE-

(R.S. Sec. 2636.)

-COD-

CODIFICATION

R.S. Sec. 2636 derived from act Mar. 2, 1799, ch. 22, Sec. 73, 1

Stat. 680.

-CITE-

19 USC Sec. 61, 62 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 1 - COLLECTION DISTRICTS, PORTS, AND OFFICERS

-HEAD-

Sec. 61, 62. Repealed. Aug. 2, 1956, ch. 887, Sec. 4(a)(22), (23),

70 Stat. 947

-MISC1-

Section 61, R.S. Sec. 2580, related to reports by inspectors on

routes by which goods withdrawn from bonded warehouse could be

exported to Mexico.

Section 62, acts Dec. 18, 1890, ch. 22, 26 Stat. 690; June 17,

1930, ch. 497, title IV, Sec. 523, 46 Stat. 740, related to

suspension for neglect or delinquency of officers or employees.

See chapter 75 of Title 5, Government Organization and Employees,

and Office of Personnel Management regulations.

-CITE-

19 USC Sec. 63 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 1 - COLLECTION DISTRICTS, PORTS, AND OFFICERS

-HEAD-

Sec. 63. Repealed. Pub. L. 89-554, Sec. 8(a), Sept. 6, 1966, 80

Stat. 636

-MISC1-

Section, act Aug. 28, 1890, ch. 812, Sec. 1, 2, 26 Stat. 362,

provided for leaves of absence of officers and employees in customs

service who receive per diem compensation.

Section was additionally repealed by Pub. L. 91-271, title III,

Sec. 321(k), June 2, 1970, 84 Stat. 293.

-CITE-

19 USC Sec. 64 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 1 - COLLECTION DISTRICTS, PORTS, AND OFFICERS

-HEAD-

Sec. 64. Laws imposing fines applicable to persons acting under

customs laws

-STATUTE-

All Acts and parts of Acts imposing fines, penalties, or other

punishment for offenses committed by an internal revenue officer or

other officer of the Department of the Treasury of the United

States, or under any bureau thereof, shall apply to all persons

whomsoever, employed, appointed, or acting under the authority of

any customs law, when such persons are designated or acting as

officers or deputies, or persons having the custody or disposition

of any public money.

-SOURCE-

(Feb. 8, 1875, ch. 36, Sec. 23 (part), 18 Stat. 312.)

-REFTEXT-

REFERENCES IN TEXT

The customs laws, referred to in text, are classified generally

to this title.

-COD-

CODIFICATION

Section is based on section 23 (as related to persons acting

under any customs law) of act Feb. 8, 1875. Provisions of section

23 (as related to persons acting under any internal revenue law or

any revenue provisions of any law of the United States) were

repealed effective Feb. 11, 1939, by section 4 of act Feb. 10, 1939

(53 Stat. 1) and incorporated as section 4048 of Title 26, Internal

Revenue Code of 1939. The Internal Revenue Code of 1939 was

repealed by the Internal Revenue Code of 1954. The Internal Revenue

Code of 1954 was redesignated the Internal Revenue Code of 1986 by

Pub. L. 99-514, Sec. 2, Oct. 22, 1986, 100 Stat. 2095. Provisions

of former section 4048 are covered by section 7344 of Title 26,

Internal Revenue Code.

-CITE-

19 USC Sec. 66 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 1 - COLLECTION DISTRICTS, PORTS, AND OFFICERS

-HEAD-

Sec. 66. Rules and forms prescribed by Secretary

-STATUTE-

The Secretary of the Treasury shall prescribe forms of entries,

oaths, bonds, and other papers, and rules and regulations not

inconsistent with law, to be used in carrying out the provisions of

law relating to raising revenue from imports, or to duties on

imports, or to warehousing, and shall give such directions to

customs officers and prescribe such rules and forms to be observed

by them as may be necessary for the proper execution of the law.

-SOURCE-

(R.S. Sec. 251 (part); Pub. L. 91-271, title III, Sec. 308, June 2,

1970, 84 Stat. 292.)

-COD-

CODIFICATION

R.S. Sec. 251 derived from acts Feb. 10, 1830, ch. 11, Sec. 14,

15, 3 Stat. 543; Aug. 6, 1846, ch. 84, Sec. 5, 9 Stat. 55; May 14,

1856, Res. 9, 11 Stat. 144; June 30, 1864, ch. 172, Sec. 8, 13

Stat. 221; July 14, 1870, ch. 255, Sec. 34, 16 Stat. 271. R.S. Sec.

251, which was also classified in part to section 427 of former

Title 31, was repealed in part and reenacted as section 321(a)(5)

of Title 31, Money and Finance, by Pub. L. 97-258, Sec. 4(b), Sept.

13, 1982, 96 Stat. 1067.

-MISC3-

AMENDMENTS

1970 - Pub. L. 91-271 substituted reference to customs officers

for reference to collectors.

EFFECTIVE DATE OF 1970 AMENDMENT

Amendment by Pub. L. 91-271 effective with respect to articles

entered, or withdrawn from warehouse for consumption on or after

Oct. 1, 1970, and such other articles entered or withdrawn from

warehouse for consumption prior to such date, or with respect to

which a protest has not been disallowed in whole or in part before

Oct. 1, 1970, see section 203 of Pub. L. 91-271, set out as a note

under section 1500 of this title.

-TRANS-

TRANSFER OF FUNCTIONS

All offices of collector of customs, comptroller of customs,

surveyor of customs, and appraiser of merchandise in Bureau of

Customs of Department of the Treasury to which appointments were

required to be made by President with advice and consent of Senate

ordered abolished, with such offices to be terminated not later

than December 31, 1966, by Reorg. Plan No. 1 of 1965, eff. May 25,

1965, 30 F.R. 7035, 79 Stat. 1317, set out as a note under section

1 of this title. All functions of offices eliminated were already

vested in Secretary of the Treasury by Reorg. Plan No. 26 of 1950,

eff. July 31, 1950, 15 F.R. 4935, 64 Stat. 1280, set out in the

Appendix to Title 5, Government Organization and Employees.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 6 section 212.

-CITE-

19 USC Sec. 67 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 1 - COLLECTION DISTRICTS, PORTS, AND OFFICERS

-HEAD-

Sec. 67. Repealed. Aug. 2, 1956, ch. 887, Sec. 4(a)(24), 70 Stat.

947

-MISC1-

Section, R.S. Sec. 258, provided for a report to each session of

Congress by the Secretary on customhouse business and is covered by

section 331 of Title 31, Money and Finance.

-CITE-

19 USC Sec. 68 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 1 - COLLECTION DISTRICTS, PORTS, AND OFFICERS

-HEAD-

Sec. 68. Enforcement of customs and immigration laws in Guam and

the Virgin Islands and along Canadian and Mexican borders;

cooperation by Secretary of the Treasury and Attorney General;

erection of buildings

-STATUTE-

To aid in the enforcement of the customs and immigration laws

along the Canadian and Mexican borders and to provide better

facilities for such enforcement at points along such borders at

which no Federal or other buildings adapted or suitably located for

the purpose are available, and for similar purposes in the Virgin

Islands of the United States, the Secretary of the Treasury and the

Attorney General are hereby authorized to expend, and for similar

purposes in Guam the Attorney General is hereby authorized to

expend, from the funds appropriated for the general maintenance and

operation of the Customs and the Immigration and Naturalization

Services, respectively, the necessary amounts for the acquisition

of land and the erection of buildings, sheds, and office quarters,

including living quarters for officers where none are otherwise

available: Provided, That the total amount which may be so expended

for any one project, including the site, shall not exceed $200,000

and that where the project is for the joint use of the Customs

Service and the Immigration and Naturalization Service, the

combined cost of the project, including the site, shall be charged

to the two appropriations concerned.

-SOURCE-

(June 26, 1930, ch. 617, Sec. 1, 46 Stat. 817; Oct. 10, 1940, ch.

837, 54 Stat. 1091; Sept. 26, 1951, ch. 414, 65 Stat. 336; May 18,

1956, ch. 282, 70 Stat. 159; Pub. L. 86-466, May 13, 1960, 74 Stat.

130; Pub. L. 87-465, May 31, 1962, 76 Stat. 87; Pub. L. 89-87, July

24, 1965, 79 Stat. 264; Pub. L. 93-396, Aug. 29, 1974, 88 Stat.

794.)

-MISC1-

AMENDMENTS

1974 - Pub. L. 93-396 substituted ''$200,000'' for ''$100,000''.

1965 - Pub. L. 89-87 extended to Guam and the Virgin Islands the

authority of the Attorney General and the Secretary of the Treasury

to construct facilities for the enforcement of the customs and

immigration laws.

1962 - Pub. L. 87-465 substituted ''$100,000'' for ''$40,000''

and ''$80,000''.

1960 - Pub. L. 86-466 substituted ''$40,000'' and ''$80,000'' for

''$30,000'' and ''$60,000'', respectively.

1956 - Act May 18, 1956, substituted ''$30,000'' and ''$60,000''

for ''$15,000'' and ''$30,000'', respectively.

1951 - Act Sept. 26, 1951, substituted ''$15,000'' and

''$30,000'' for ''$5,000'' and ''$10,000'', respectively.

1940 - Act Oct. 10, 1940, substituted ''$5000'' and ''$10,000''

for ''$3000'' and ''$6000'', respectively.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions, personnel, assets, and liabilities of

the United States Customs Service of the Department of the

Treasury, including functions of the Secretary of the Treasury

relating thereto, to the Secretary of Homeland Security, and for

treatment of related 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 November 25, 2002, as

modified, set out as a note under section 542 of Title 6.

Functions of all other officers of Department of the Treasury and

functions of all agencies and employees of such Department

transferred, with certain exceptions, to Secretary of the Treasury,

with power vested in him to authorize their performance or

performance of any of his functions, by any of such officers,

agencies, and employees, by Reorg. Plan No. 26 of 1950, Sec. 1, 2,

eff. July 31, 1950, 15 F.R. 4935, 64 Stat. 1280, set out in the

Appendix to Title 5, Government Organization and Employees. Customs

Service was under Department of the Treasury.

Immigration and Naturalization Service of Department of Labor

(including Office of Commissioner of Immigration and

Naturalization) and its functions were transferred to Department of

Justice, to be administered under direction and supervision of

Attorney General; and functions and powers of Secretary of Labor

relating to administration of the Service and its functions or to

administration of immigration and naturalization laws were

transferred to Attorney General, by Reorg. Plan No. V of 1940,

eff. June 15, 1940, 5 F.R. 2223, 54 Stat. 1238, set out in the

Appendix to Title 5.

ABOLITION OF IMMIGRATION AND NATURALIZATION SERVICE AND TRANSFER OF

FUNCTIONS

For abolition of Immigration and Naturalization Service, transfer

of functions, and treatment of related references, see note set out

under section 1551 of Title 8, Aliens and Nationality.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 6 section 212; title 40

section 3301.

-CITE-

19 USC Sec. 69 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 1 - COLLECTION DISTRICTS, PORTS, AND OFFICERS

-HEAD-

Sec. 69. Erection of protective gates and fences across and around

roads crossing borders

-STATUTE-

The Secretary of the Treasury is authorized to expend, from the

funds appropriated for the general maintenance and operation of the

Customs Service, such amounts as may be necessary for the erection

of protective gates across international highways and roads

crossing the Canadian and Mexican borders and for the erection of

such fences in the immediate vicinity of such highways and roads as

may be necessary to prevent unlawful entry or smuggling.

-SOURCE-

(June 26, 1930, ch. 617, Sec. 2, as added Oct. 10, 1940, ch. 837,

54 Stat. 1092.)

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions, personnel, assets, and liabilities of

the United States Customs Service of the Department of the

Treasury, including functions of the Secretary of the Treasury

relating thereto, to the Secretary of Homeland Security, and for

treatment of related 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 November 25, 2002, as

modified, set out as a note under section 542 of Title 6.

Functions of all other officers of Department of the Treasury and

functions of all agencies and employees of such Department

transferred, with certain exceptions, to Secretary of the Treasury,

with power vested in him to authorize their performance or

performance of any of his functions, by any of such officers,

agencies, and employees, by Reorg. Plan No. 26 of 1950, Sec. 1, 2,

eff. July 31, 1950, 15 F.R. 4935, 64 Stat. 1280, set out in the

Appendix to Title 5, Government Organization and Employees. Customs

Service was under Department of the Treasury.

Functions vested by law in Attorney General, Department of

Justice, or any other officer or any agency of that Department,

with respect to inspection at regular inspection locations at ports

of entry of persons, and documents of persons, entering or leaving

United States, were to have been transferred to Secretary of the

Treasury by 1973 Reorg. Plan No. 2, Sec. 2, eff. July 1, 1973, 38

F.R. 15932, 87 Stat. 1091, set out in the Appendix to Title 5. The

transfer was negated by section 1(a)(1), (b) of Pub. L. 93-253,

Mar. 16, 1974, 88 Stat. 50, which repealed section 2 of 1973 Reorg.

Plan No. 2, eff. July 1, 1973.

-CITE-

19 USC Sec. 70 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 1 - COLLECTION DISTRICTS, PORTS, AND OFFICERS

-HEAD-

Sec. 70. Obstruction of revenue officers by masters of vessels

-STATUTE-

If the master of any vessel shall obstruct or hinder, or shall

intentionally cause any obstruction or hindrance to any officer in

lawfully going on board such vessel, for the purpose of carrying

into effect any of the revenue or navigation laws of the United

States, he shall for every such offense be liable to a penalty of

not more than $2,000 nor less than $500.

-SOURCE-

(R.S. Sec. 3068; Aug. 5, 1935, ch. 438, title III, Sec. 307, 49

Stat. 528.)

-REFTEXT-

REFERENCES IN TEXT

The navigation laws, referred to in text, are classified

generally to Title 33, Navigation and Navigable Waters.

-COD-

CODIFICATION

R.S. Sec. 3068 derived from act Mar. 2, 1799, ch. 22, Sec. 71, 1

Stat. 678.

-MISC3-

AMENDMENTS

1935 - Act Aug. 5, 1935, inserted reference to navigation laws,

and increased penalty from $500 and $50 to $2,000 and $500,

respectively.

-CITE-