§ 58b. — User fee for customs services at certain small airports and other facilities.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 19USC58b]
TITLE 19--CUSTOMS DUTIES
CHAPTER 1--COLLECTION DISTRICTS, PORTS, AND OFFICERS
Sec. 58b. User fee for customs services at certain small
airports and other facilities
(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.
(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.)
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.
Transfer of Functions
For transfer of functions, personnel, assets, and liabilities of the
United States Customs Service of the Department of the Treasury,
including functions of the Secretary of the Treasury relating thereto,
to the Secretary of Homeland Security, and for treatment of related
references, see sections 203(1), 551(d), 552(d), and 557 of Title 6,
Domestic Security, and the Department of Homeland Security
Reorganization Plan of November 25, 2002, as modified, set out as a note
under section 542 of Title 6.
Section Referred to in Other Sections
This section is referred to in sections 58b-1, 58c of this title.
