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Title 19 — Customs Duties

Chapter 1 — Collection Districts, Ports, and Officers

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

Statutory text

(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).

(b)

Liability for and amount of fee

The fee which is charged under subsection (a) shall be paid by each person using the customs services at the airport, seaport, or other facility and shall be in an amount equal to the expenses incurred by the Secretary of the Treasury in providing the customs services which are 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), 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) 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) or designated under subsection (c) shall be considered to be customs services provided at such airport, seaport, or other facility.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Trade and Tariff Act of 1984

    Pub. L. 98–573 title II § 236 · 98 Stat. 2948

    Enacted · 19 U.S.C. § 58b

    Pub. L. 98–573, title II, § 236, Oct. 30, 1984, 98 Stat. 2992

    Source evidence

    Code source credit
    Pub. L. 98–573, title II, § 236, Oct. 30, 1984, 98 Stat. 2992

    Enacted provision · exact public law section
    SEC. 236. USER FEE FOR CUSTOMS SERVICES AT CERTAIN SMALL AIRPORTS. (a) 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, and (2) any other airport designated by the Secretary of the Treasury under subsection (c). (b) The fee which is charged under subsection (a) shall be paid by each person using the customs services at the airport 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 (including the salary and expenses of individuals employed by the Secretary of the Treasury to provide such customs services). (c) The Secretary of the Treasury may designate 4 airports under this subsection. An airport 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 is insufficient to justify the availability of customs services at such airport, and (2) the governor of the State in which such airport is located approves such designation. (d) Any person who, after notice and demand for payment of any fee charged under subsection (a), fails to pay such fee shall be guilty of a misdemeanor and if convicted thereof shall pay a fine that does not exceed an amount equal to 200 percent of such fee. (e) Fees collected by the Secretary of the Treasury under subsection (a) with respect to the provision of services at an airport shall be deposited in an account within the Treasury of the United States that is specially designated for such airport. 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).

  2. Pub. L. 99–190 § 142 · 99 Stat. 1185

    Substituted · 19 U.S.C. § 58b(c)

    Pub. L. 99–190 substituted “20 airports” for “4 airports”

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 99–190 substituted “20 airports” for “4 airports”.

    Enacted provision · exact public law section
    Sec. 142. Subsection (c) of section 236 of the Trade and Tariff Act of 98 Stat. 2992. 1984 (19 U.S.C. 58b(c)) is amended by striking out “4” and inserting in lieu thereof 201C;20 20”;.

  3. Consolidated Omnibus Budget Reconciliation Act of 1985

    Pub. L. 99–272 § 13032(1) · 100 Stat. 82

    Substituted · 19 U.S.C. § 58b(c)

    Pub. L. 99–272, § 13032(1), made amendment identical to Pub. L. 99–190, substituting “20 airports” for “4 airports”

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 99–272, § 13032(1), made amendment identical to Pub. L. 99–190, substituting “20 airports” for “4 airports”.

    Enacted provision · exact public law section
    (1) by striking out “4 airports” in subsection (c) and inserting in lieu thereof “20 airports”; and

  4. Consolidated Omnibus Budget Reconciliation Act of 1985

    Pub. L. 99–272 § 13032(2) · 100 Stat. 82

    Substituted · 19 U.S.C. § 58b(e)

    Pub. L. 99–272, § 13032(2), substituted last two sentences for former last sentence which read as follows: “The funds in such account shall only be 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).”

    Source evidence

    Code amendment note
    Subsec. (e). Pub. L. 99–272, § 13032(2), substituted last two sentences for former last sentence which read as follows: “The funds in such account shall only be 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).”

    Enacted provision · exact public law section
    (2) by striking out the last sentence in subsection (e) and inserting in lieu thereof the following new sentences; “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 (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.”.

  5. Omnibus Trade and Competitiveness Act of 1988

    Pub. L. 100–418 § 1905(1) · 102 Stat. 1107

    1. Added · 19 U.S.C. § 58b(a)(2); 19 U.S.C. § 58b(a)(3)

      Pub. L. 100–418, § 1905(1)–(3), added par. (2)

    2. Redesignated · 19 U.S.C. § 58b(a)(2); 19 U.S.C. § 58b(a)(3)

      Pub. L. 100–418, § 1905(1)–(3), redesignated former par. (2) as (3)

    Source evidence

    Code amendment note
    Subsec. (a)(2), (3). Pub. L. 100–418, § 1905(1)–(3), added par. (2) and redesignated former par. (2) as (3).

    Enacted provision · exact public law section
    (1) by striking out “and” at the end of subsedion (a)(1);

  6. Omnibus Trade and Competitiveness Act of 1988

    Pub. L. 100–418 § 1905(4) · 102 Stat. 1107

    Struck · 19 U.S.C. § 58b(c)

    Pub. L. 100–418, § 1905(4), struck out “20” before “airports”

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 100–418, § 1905(4), struck out “20” before “airports”.

    Enacted provision · exact public law section
    (4) by striking out “20” in subsection (c).

  7. Pub. L. 101–207 § 3(f)(1)(C) · 103 Stat. 1833

    Inserted · 19 U.S.C. § 58b

    Pub. L. 101–207, § 3(f)(1)(C), inserted “and other facilities” after “airports” in section catchline

    Source evidence

    Code amendment note
    Pub. L. 101–207, § 3(f)(1)(C), inserted “and other facilities” after “airports” in section catchline.

    Enacted provision · exact public law section
    (C) by inserting “and other facilities” after “airports” in the section heading.

  8. Pub. L. 101–207 § 3(f)(1)(A) · 103 Stat. 1833

    Inserted · 19 U.S.C. § 58b(a)(3); 19 U.S.C. § 58b(a)(b)

    Pub. L. 101–207, § 3(f)(1)(A), inserted “, seaport, or other facility” after “airport” wherever appearing

    Source evidence

    Code amendment note
    Subsecs. (a)(3), (b). Pub. L. 101–207, § 3(f)(1)(A), inserted “, seaport, or other facility” after “airport” wherever appearing.

    Enacted provision · exact public law section
    (A) by inserting “, seaport, or other facility” after “airport” each place it appears in the section other than in paragraphs (1) and (2) of subsection (a),

  9. Pub. L. 101–207 § 3(f)(1)(A) · 103 Stat. 1833

    Inserted · 19 U.S.C. § 58b(c)

    Pub. L. 101–207, § 3(f)(1)(A), (B), inserted “, seaports, and other facilities” after “airports” in introductory provisions and “, seaport, or other facility” after “airport” wherever appearing

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 101–207, § 3(f)(1)(A), (B), inserted “, seaports, and other facilities” after “airports” in introductory provisions and “, seaport, or other facility” after “airport” wherever appearing.

    Enacted provision · exact public law section
    (A) by inserting “, seaport, or other facility” after “airport” each place it appears in the section other than in paragraphs (1) and (2) of subsection (a),

  10. Pub. L. 101–207 § 3(f)(1)(A) · 103 Stat. 1833

    Inserted · 19 U.S.C. § 58b(e)

    Pub. L. 101–207, § 3(f)(1)(A), inserted “, seaport, or other facility” after “airport” wherever appearing

    Source evidence

    Code amendment note
    Subsec. (e). Pub. L. 101–207, § 3(f)(1)(A), inserted “, seaport, or other facility” after “airport” wherever appearing.

    Enacted provision · exact public law section
    (A) by inserting “, seaport, or other facility” after “airport” each place it appears in the section other than in paragraphs (1) and (2) of subsection (a),

  11. Pub. L. 101–207 § 3(c)(2) · 103 Stat. 1833

    1. Added · 19 U.S.C. § 58b(f)

      Pub. L. 101–207, § 3(c)(2), (f)(1)(A), added subsec. (f)

    2. Inserted · 19 U.S.C. § 58b(f)

      Pub. L. 101–207, § 3(c)(2), (f)(1)(A), inserted “, seaport, or other facility” after “airport” in two places

    Source evidence

    Code amendment note
    Subsec. (f). Pub. L. 101–207, § 3(c)(2), (f)(1)(A), added subsec. (f) and inserted “, seaport, or other facility” after “airport” in two places.

    Enacted provision · exact public law section
    (2) Section 236 of the Trade and Tariff Act of 1984 (19 U.S.C. 58b) is amended by adding at the end thereof the following new subsection:

13 of 13 references resolved to an enrolled provision

Editorial Notes

Amendments1985–1989 · 4 rounds

1989

Pub. L. 101–207, § 3(f)(1)(C), inserted “and other facilities” after “airports” in section catchline.

Subsecs. (a)(3), (b). Pub. L. 101–207, § 3(f)(1)(A), inserted “, seaport, or other facility” after “airport” wherever appearing.

Subsec. (c). Pub. L. 101–207, § 3(f)(1)(A), (B), inserted “, seaports, and other facilities” after “airports” in introductory provisions and “, seaport, or other facility” after “airport” wherever appearing.

Subsec. (e). Pub. L. 101–207, § 3(f)(1)(A), inserted “, seaport, or other facility” after “airport” wherever appearing.

Subsec. (f). Pub. L. 101–207, § 3(c)(2), (f)(1)(A), added subsec. (f) and inserted “, seaport, or other facility” after “airport” in two places.

1988

Subsec. (a)(2), (3). Pub. L. 100–418, § 1905(1)–(3), added par. (2) and redesignated former par. (2) as (3).

Subsec. (c). Pub. L. 100–418, § 1905(4), struck out “20” before “airports”.

1986

Subsec. (c). Pub. L. 99–272, § 13032(1), made amendment identical to Pub. L. 99–190, substituting “20 airports” for “4 airports”.

Subsec. (e). Pub. L. 99–272, § 13032(2), substituted last two sentences for former last sentence which read as follows: “The funds in such account shall only be 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”.

Statutory Notes and Related Subsidiaries

Effective Date

Section effective on 15th day after , 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.

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 , as modified, set out as a note under section 542 of Title 6. For establishment of U.S. Customs and Border Protection in the Department of Homeland Security, treated as if included in Pub. L. 107–296 as of , see section 211 of Title 6, as amended generally by Pub. L. 114–125, and section 802(b) of Pub. L. 114–125, set out as a note under section 211 of Title 6.

Credits

1984–1989 · 5 acts
  1. 1984Pub. L. 98–573, title II, § 236, , 98 Stat. 2992
  2. 1985Pub. L. 99–190, § 142, , 99 Stat. 1324
  3. 1986Pub. L. 99–272, title XIII, § 13032, , 100 Stat. 310
  4. 1988Pub. L. 100–418, title I, § 1905, , 102 Stat. 1313
  5. 1989Pub. L. 101–207, § 3(c)(2), (f)(1), , 103 Stat. 1834, 1835.
Show as published

(Pub. L. 98–573, title II, § 236, , 98 Stat. 2992; Pub. L. 99–190, § 142, , 99 Stat. 1324; Pub. L. 99–272, title XIII, § 13032, , 100 Stat. 310; Pub. L. 100–418, title I, § 1905, , 102 Stat. 1313; Pub. L. 101–207, § 3(c)(2), (f)(1), , 103 Stat. 1834, 1835.)

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