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19 U.S.C. § 1505 — Payment of duties and fees

submitted 96 years ago by ch. 497 to r/title-19-CUSTOMS-DUTIES · 479 words · no verdicts yet

in plain englishAI-generated · not legal advice

Importers generally must deposit estimated duties and fees by set deadlines, and Customs must collect or refund the final amount after liquidation. The section sets interest rules and treats unpaid amounts after the payment period as delinquent.

(a) Estimated deposits. Unless an entry has a periodic payment under this subsection, or the merchandise is entered for a warehouse or transportation or under bond, the importer of record must deposit the estimated duties and fees with the Customs Service when entering the merchandise. The Secretary may set a later time by regulation, but not later than 12 working days after entry or release. Once the Automated Commercial Environment has a periodic-payment module, and no later than October 1, 2004, the Secretary must, after testing it, issue regulations allowing a participating importer to deposit estimated duties and fees for eligible entries no later than the 15 working days after the month of entry or release, whichever comes first. Merchandise entered for a warehouse, transportation, or under bond is not eligible for this periodic payment. (b) Collection or refund. After liquidation or reliquidation, the Customs Service must collect increased or additional duties and fees plus interest, or refund excess deposits plus interest. Amounts found due are payable 30 days after the bill is issued. Excess deposits plus interest must be refunded within 30 days after liquidation or reliquidation. (c) Interest. Interest on an underpayment of duties, fees, or interest accrues at a Secretary-set rate from the date the importer had to deposit the estimated amounts through liquidation or reliquidation of the entry or reconciliation. Interest on excess deposits accrues at a Secretary-set rate from the deposit date, or, for a claim under section 1520(d), the claim date, through liquidation or reliquidation. The Secretary may allow an importer to use an alternative midpoint method based on combined data instead of calculating interest from each deposit date. (d) Delinquency. If amounts due or refundable are not fully paid within the 30-day period in subsection (b), the unpaid balance is delinquent and earns interest in 30-day periods at a Secretary-set rate from liquidation or reliquidation until fully paid. No interest accrues during the 30-day payment period when payment is actually made.

the actual law source: uscode.house.gov ↗public domain
(a) Deposit of estimated duties and fees

Unless the entry is subject to a periodic payment referred to in this subsection or the merchandise is entered for warehouse or transportation, or under bond, the importer of record shall deposit with the Customs Service at the time of entry, or at such later time as the Secretary may prescribe by regulation (but not later than 12 working days after entry or release) the amount of duties and fees estimated to be payable on such merchandise. As soon as a periodic payment module of the Automated Commercial Environment is developed, but no later than October 1, 2004, the Secretary shall promulgate regulations, after testing the module, permitting a participating importer of record to deposit estimated duties and fees for entries of merchandise, other than merchandise entered for warehouse, transportation, or under bond, no later than the 15 working days following the month in which the merchandise is entered or released, whichever comes first.

(b) Collection or refund of duties, fees, and interest due upon liquidation or reliquidation

The Customs Service shall collect any increased or additional duties and fees due, together with interest thereon, or refund any excess moneys deposited, together with interest thereon, as determined on a liquidation or reliquidation. Duties, fees, and interest determined to be due upon liquidation or reliquidation are due 30 days after issuance of the bill for such payment. Refunds of excess moneys deposited, together with interest thereon, shall be paid within 30 days of liquidation or reliquidation.

(c) Interest

Interest assessed due to an underpayment of duties, fees, or interest shall accrue, at a rate determined by the Secretary, from the date the importer of record is required to deposit estimated duties, fees, and interest to the date of liquidation or reliquidation of the applicable entry or reconciliation. Interest on excess moneys deposited shall accrue, at a rate determined by the Secretary, from the date the importer of record deposits estimated duties, fees, and interest or, in a case in which a claim is made under section 1520(d) of this title, from the date on which such claim is made, to the date of liquidation or reliquidation of the applicable entry or reconciliation. The Secretary may prescribe an alternative mid-point interest accounting methodology, which may be employed by the importer, based upon aggregate data in lieu of accounting for such interest from each deposit data provided in this subsection.

(d) Delinquency

If duties, fees, and interest determined to be due or refunded are not paid in full within the 30-day period specified in subsection (b), any unpaid balance shall be considered delinquent and bear interest by 30-day periods, at a rate determined by the Secretary, from the date of liquidation or reliquidation until the full balance is paid. No interest shall accrue during the 30-day period in which payment is actually made.

Source credit: (June 17, 1930, ch. 497, title IV, § 505, 46 Stat. 732; Pub. L. 91–271, title II, § 204(c), June 2, 1970, 84 Stat. 283; Pub. L. 95–410, title I, § 103, Oct. 3, 1978, 92 Stat. 889; Pub. L. 97–446, title II, § 201(e), Jan. 12, 1983, 96 Stat. 2350; Pub. L. 98–573, title II, § 210(a), Oct. 30, 1984, 98 Stat. 2977; Pub. L. 103–182, title VI, § 642(a), Dec. 8, 1993, 107 Stat. 2205; Pub. L. 104–295, § 2(a), Oct. 11, 1996, 110 Stat. 3515; Pub. L. 106–36, title II, § 2418(e), June 25, 1999, 113 Stat. 177; Pub. L. 106–476, title I, § 1451, Nov. 9, 2000, 114 Stat. 2167; Pub. L. 107–210, div. A, title III, § 383, Aug. 6, 2002, 116 Stat. 992; Pub. L. 108–429, title II, § 2004(c), Dec. 3, 2004, 118 Stat. 2592.)

history & why it existsrecord from the source credit
  • 1930Enacted · Act of June 17, 1930, ch. 497 · 46 Stat. 732
  • 1970Amended · Pub. L. 91-271 · 84 Stat. 283
  • 1978Amended · Pub. L. 95-410 · 92 Stat. 889
  • 1983Amended · Pub. L. 97-446 · 96 Stat. 2350
  • 1984Amended · Pub. L. 98-573 · 98 Stat. 2977
  • 1993Amended · Pub. L. 103-182 · 107 Stat. 2205
  • 1996Amended · Pub. L. 104-295 · 110 Stat. 3515
  • 1999Amended · Pub. L. 106-36 · 113 Stat. 177
  • 2000Amended · Pub. L. 106-476 · 114 Stat. 2167
  • 2002Amended · Pub. L. 107-210 · 116 Stat. 992
  • 2004Amended · Pub. L. 108-429 · 118 Stat. 2592

A history note hasn’t been published yet. The record shows enactment by ch. 497 on 1930-06-17.

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