Title 19 -- Customs Duties


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    19 USC CHAPTER 1 - COLLECTION DISTRICTS, PORTS, AND
                  OFFICERS                                       01/23/00
 
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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 Omitted or Repealed.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 Repealed.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 Repealed.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 Repealed.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 Repealed.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 Repealed.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 Repealed.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                                                01/23/00
 
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    TITLE 19 - CUSTOMS DUTIES
    CHAPTER 1 - COLLECTION DISTRICTS, PORTS, AND OFFICERS
 
-HEAD-
    Sec. 1. Organization of customs service
 
-STATUTE-
      Except as hereinafter provided the reorganization of the customs
    service made by the President and communicated to Congress under
    date of March 3, 1913, shall, until otherwise provided by Congress,
    constitute the permanent organization of the customs service.
 
-SOURCE-
    (Aug. 24, 1912, ch. 355, 37 Stat. 434.)
 
-COD-
                                CODIFICATION
      Section was superseded in part by section 2071 et seq. of this
    title.
 
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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
    reads 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.''
                     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
                      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                                                01/23/00
 
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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.
 
-TRANS-
                           TRANSFER OF FUNCTIONS
      All offices of collector of customs, comptroller of customs,
    surveyor of customs, and appraiser of merchandise in Bureau of
    Customs of Department of the Treasury to which appointments were
    required to be made by President with advice and consent of Senate
    ordered abolished, with such offices to be terminated not later
    than December 31, 1966, by Reorg. Plan No. 1 of 1965, eff.  May 25,
    1965, 30 F.R. 7035, 79 Stat. 1317, set out as a note under section
    1 of this title.
      Functions of all officers of Department of the Treasury, and
    functions of all agencies and employees of such Department
    transferred, with certain exceptions, to Secretary of the Treasury,
    with power vested in him to authorize their performance or
    performance of any of his functions, by any of such officers,
    agencies, and employees, by Reorg. Plan No. 26 of 1950, Sec. 1, 2,
    eff.  July 31, 1950, 15 F.R. 4935, 64 Stat. 1280, set out in the
    Appendix to Title 5, Government Organization and Employees.
                          DELEGATION OF FUNCTIONS
      For delegation to Secretary of the Treasury of authority vested
    in President by this section, see Ex. Ord. No. 10289, Sec. 1(a),
    Sept. 17, 1951, 16 F.R. 9499, set out as a note under section 301
    of Title 3, The President.
 
-MISC5-
                    CUSTOMS DISTRICTS AND PORTS OF ENTRY
      An alphabetical index of ports of entry is contained in Schedule
    D of the Harmonized Tariff Schedule. See Publication of Harmonized
    Tariff Schedule note set out under section 1202 of this title.
      For list of international airports of entry, see section 6.13 of
    Part 6 of Chapter 1, United States Customs Service, of Title 19,
    Customs Duties, of the Code of Federal Regulations.
     VIRGINIA INLAND PORT; WITHDRAWAL OF DESIGNATION AS CUSTOMS SERVICE
                          PORT OF ENTRY PROHIBITED
      Pub. L. 104-52, title V, Sec. 512, Nov. 19, 1995, 109 Stat. 492,
    provided that: ''Notwithstanding any provision of this or any other
    Act, during the fiscal year ending September 30, 1996, and
    thereafter, no funds may be obligated or expended in any way to
    withdraw the designation of the Virginia Inland Port at Front
    Royal, Virginia, as a United States Customs Service port of
    entry.''
                      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                                                01/23/00
 
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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 (now Commissioner of Customs) with the execution of the
    laws relating to the collection of the tonnage tax.
 
-MISC3-
    ANALYSIS REGARDING CES PROGRAM; EFFECT ON IMPLEMENTATION OF PROGRAM
      Pub. L. 100-203, title IX, Sec. 9501(c), Dec. 22, 1987, 101 Stat.
    1330-380, as amended by Pub. L. 103-182, title VI, Sec. 691(b)(1),
    Dec. 8, 1993, 107 Stat. 2224, provided that:
      ''(1) The Comptroller General of the United States shall conduct
    a comprehensive analysis, including a cost-benefit study, of the
    centralized cargo examination station (CES) concept from the
    perspective of both the United States Customs Service and business
    community users.  The analysis shall be submitted on the same day
    to the Committee on Ways and Means of the House of Representatives
    and the Committee on Finance of the Senate (hereinafter in this
    subsection referred to as the 'Committees') not later than March
    30, 1988, and shall include recommendations as to how best to
    implement cargo inspection procedures.
      ''(2) The United States Customs Service -
        ''(A) may not, after the date of the enactment of this Act
      (Dec. 22, 1987), establish any new centralized cargo examination
      station at any ocean port, airport, or land border location
      unless the Customs Service provides to the Committees advance
      notice, in writing, of not less than 90 days regarding the
      proposed establishment; and
        ''(B) shall, on such date of enactment, suspend operations at
      each centralized cargo examination station that was operating at
      an airport on the day before such date until the 90th day after a
      date -
          ''(i) that is not earlier than the date on which the analysis
        required under paragraph (1) is submitted to the Committees,
        and
          ''(ii) on which the Customs Service provides to the
        Committees notice, in writing, that it intends to resume such
        operations at the station.
    During the period of suspension of operations under subparagraph
    (B) at any centralized cargo examination station at an airport, the
    Secretary of the Treasury shall maintain customs operations and
    staffing at that airport at a level not less than that which was in
    effect immediately before the suspension took effect.
      ''(3) The Commissioner of Customs is authorized to obtain from
    the operators of centralized cargo examination stations information
    regarding the fees paid to them for the provision of services at
    these stations.''
 
-CROSS-
                              CROSS REFERENCES
      Instructions of Secretary of the Treasury and conclusiveness of
    decisions on customs officers, see section 1502 of this title.
      Reversal or modification of rulings or decisions by Secretary,
    restrictions on, see section 1502 of this title.
 
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    19 USC Sec. 4                                                01/23/00
 
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    TITLE 19 - CUSTOMS DUTIES
    CHAPTER 1 - COLLECTION DISTRICTS, PORTS, AND OFFICERS
 
-HEAD-
    Sec. 4. Omitted
 
-COD-
                                CODIFICATION
      Section, act Mar. 4, 1923, ch. 251, Sec. 1, 42 Stat. 1453,
    related to appointment, compensation, and qualifications of
    director and assistant directors of customs.  See sections 2071 to
    2073 of this title.
 
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    19 USC Sec. 5, 5a                                            01/23/00
 
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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                                                01/23/00
 
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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
      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.
 
-CROSS-
                              CROSS REFERENCES
      Extra pay for overtime services in connection with vessels, see
    section 2111 of Title 46, Shipping.
 
-SECREF-
                   SECTION REFERRED TO IN OTHER SECTIONS
      This section is referred to in section 52 of this title.
 
-CITE-
    19 USC Sec. 6a to 6d                                         01/23/00
 
-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                                               01/23/00
 
-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                                          01/23/00
 
-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                                         01/23/00
 
-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                                           01/23/00
 
-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                                         01/23/00
 
-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                                         01/23/00
 
-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                                               01/23/00
 
-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                                               01/23/00
 
-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                                              01/23/00
 
-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                                           01/23/00
 
-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                                         01/23/00
 
-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                                           01/23/00
 
-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                                               01/23/00
 
-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                                               01/23/00
 
-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                                               01/23/00
 
-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                                               01/23/00
 
-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                                         01/23/00
 
-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                                           01/23/00
 
-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                                               01/23/00
 
-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                                               01/23/00
 
-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                                           01/23/00
 
-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                                               01/23/00
 
-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                                         01/23/00
 
-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.  See section 481 of Title 40, Public
    Buildings, Property, and Works.
      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                                               01/23/00
 
-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                                              01/23/00
 
-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                                              01/23/00
 
-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.
 
-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                                            01/23/00
 
-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.)
 
-CITE-
    19 USC Sec. 58c                                              01/23/00
 
-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 any ferry; 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 merchandise that is
    informally entered or released 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) 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).
      (B) 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) the portion of such fees that is determined by the
      Secretary to be excess fees 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
    (other than the excess fees determined by the Secretary under
    paragraph (5)) 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) 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.
      (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.)
 
-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.
      For the effective date of this paragraph, referred to in subsec.
    (f)(5), see section 521(b) of Pub. L. 103-182, set out in the
    Effective Date of 1993 Amendment note below.
      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), mean 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
      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 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.''
                 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 1499, 2075 of this title;
    title 49 section 80503.
 
-CITE-
    19 USC Sec. 59                                               01/23/00
 
-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                                               01/23/00
 
-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                                           01/23/00
 
-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                                               01/23/00
 
-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                                               01/23/00
 
-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                                               01/23/00
 
-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.
 
-CITE-
    19 USC Sec. 67                                               01/23/00
 
-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                                               01/23/00
 
-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
      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 is 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.
 
-SECREF-
                   SECTION REFERRED TO IN OTHER SECTIONS
      This section is referred to in title 40 section 613.
 
-CITE-
    19 USC Sec. 69                                               01/23/00
 
-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
      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 is 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                                               01/23/00
 
-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.


Title 19 Index       U.S. Code Index