Legislación
US (United States) Code. Title 19. Chapter 1: Collection districts, ports and officers
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19 USC CHAPTER 1 - COLLECTION DISTRICTS, PORTS, AND
OFFICERS 01/06/03
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TITLE 19 - CUSTOMS DUTIES
CHAPTER 1 - COLLECTION DISTRICTS, PORTS, AND OFFICERS
.
-HEAD-
CHAPTER 1 - COLLECTION DISTRICTS, PORTS, AND OFFICERS
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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 Omitted or Repealed.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 Repealed.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 Repealed.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 Repealed.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 Repealed.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 Repealed.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 Repealed.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.
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19 USC Sec. 1 01/06/03
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TITLE 19 - CUSTOMS DUTIES
CHAPTER 1 - COLLECTION DISTRICTS, PORTS, AND OFFICERS
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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.)
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CODIFICATION
Section was superseded in part by section 2071 et seq. of this
title.
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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.''
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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
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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.
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19 USC Sec. 2 01/06/03
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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.)
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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.
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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.
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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.
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19 USC Sec. 3 01/06/03
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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.
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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.
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19 USC Sec. 4 01/06/03
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TITLE 19 - CUSTOMS DUTIES
CHAPTER 1 - COLLECTION DISTRICTS, PORTS, AND OFFICERS
-HEAD-
Sec. 4. Omitted
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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.
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19 USC Sec. 5, 5a 01/06/03
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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.
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19 USC Sec. 6 01/06/03
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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-
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| Enviado por: | El remitente no desea revelar su nombre |
| Idioma: | inglés |
| País: | Estados Unidos |
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