19 U.S.C. § 58b — User fee for customs services at certain small airports and other facilities

submitted 42 years ago by Pub. L. 98-573 to r/title-19-CUSTOMS-DUTIES · 500 words · no verdicts yet

in plain englishAI-generated · not legal advice

The Treasury must provide and charge a fee for customs services at certain small airports, including ones in Lebanon, New Hampshire, and Pontiac/Oakland, Michigan, plus others it designates. Users pay the actual cost, and unpaid fees can lead to a fine.

(a) Which airports, seaports, or facilities are covered. The Secretary of the Treasury must provide customs services, and charge a fee for them, at: the airport in Lebanon, New Hampshire; the airport in Pontiac/Oakland, Michigan; and any other airport, seaport, or facility the Secretary designates under subsection (c). (b) Who pays and how much. Each person who uses the customs services at these locations must pay a fee equal to the Treasury's actual expense in providing those services to that person — including the salary and expenses of the employees who provide them. (c) When a new location can be designated. The Secretary can designate an airport, seaport, or facility under this subsection only if the Secretary has determined that the volume or value of business passing through it is too small to justify having customs services there anyway, and the governor of the state where it is located approves the designation. (d) Failure to pay. Anyone who, after being given notice and a demand for payment, fails to pay the fee is guilty of a misdemeanor. If convicted, the fine cannot exceed 200 percent of the unpaid fee. (e) Where the money goes. Fees collected for a specific airport, seaport, or facility go into a Treasury account set aside just for that location. The Secretary must use that account's money only to pay the federal government's expenses of providing customs services there, including staff salaries and expenses. The money cannot be used for anything else. (f) Foreign trade zones. Customs services provided for a foreign trade zone or subzone located at, or near, one of these airports, seaports, or facilities count as customs services provided at that location for purposes of this section.

the actual law source: uscode.house.gov ↗public domain

(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).

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.

Source credit: (Pub. L. 98–573, title II, § 236, Oct. 30, 1984, 98 Stat. 2992; Pub. L. 99–190, § 142, Dec. 19, 1985, 99 Stat. 1324; Pub. L. 99–272, title XIII, § 13032, Apr. 7, 1986, 100 Stat. 310; Pub. L. 100–418, title I, § 1905, Aug. 23, 1988, 102 Stat. 1313; Pub. L. 101–207, § 3(c)(2), (f)(1), Dec. 7, 1989, 103 Stat. 1834, 1835.)

history & why it existsrecord from the source credit

1984Enacted · Pub. L. 98-573 · 98 Stat. 2992
1985Amended · Pub. L. 99-190 · 99 Stat. 1324
1986Amended · Pub. L. 99-272 · 100 Stat. 310
1988Amended · Pub. L. 100-418 · 102 Stat. 1313
1989Amended · Pub. L. 101-207 · 103 Stat. 1834, 1835

A history note hasn’t been published yet. The record shows enactment by Pub. L. 98-573 on 1984-10-30.

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