[Code of Federal Regulations]
[Title 7, Volume 5]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 7CFR354.3]

[Page 460-468]
 
                          TITLE 7--AGRICULTURE
 
 CHAPTER III--ANIMAL AND PLANT HEALTH INSPECTION SERVICE, DEPARTMENT OF 
                               AGRICULTURE
 
PART 354--OVERTIME SERVICES RELATING TO IMPORTS AND EXPORTS; AND USER FEES--Table of Contents
 
Sec. 354.3  User fees for certain international services.

    (a) Definitions. Whenever in this section the following terms are 
used, unless the context otherwise requires, they shall be construed, 
respectively, to mean:
    APHIS. The Animal and Plant Health Inspection Service of the United 
States Department of Agriculture.
    Arrival. Arrival at a port of entry in the customs territory of the 
United States, or at any place served by a port of entry as specified in 
19 CFR 101.3.
    Calendar year. The period from January 1 to December 31, inclusive, 
of any particular year.
    Commercial aircraft. Any aircraft used to transport persons or 
property for compensation or hire.
    Commercial purpose. The intention of receiving compensation, or 
making a gain or profit.
    Commercial railroad car. A railroad car used or capable of being 
used for transporting property for compensation or hire.
    Commercial shipment. A shipment for gain or profit.
    Commercial truck. A self-propelled vehicle, designed and used for 
transporting property for compensation or hire. Empty trucks and truck 
cabs without trailers fitting this description are included.
    Commercial vessel. Any watercraft or other contrivance used or 
capable of being used as a means of transportation on water to transport 
property for compensation or hire, with the exception of any aircraft or 
ferry.
    Customs. The United States Customs Service, United States Department 
of the Treasury.
    Customs territory of the United States. The 50 States, the District 
of Columbia, and Puerto Rico.
    Designated State or county inspector. A State or county plant 
regulatory official designated by the Secretary of Agriculture to 
inspect and certify to shippers and other interested parties, as to the 
phytosanitary condition of plant products inspected under the Plant 
Protection Act.
    Export certificate for processed plant products. A certificate (PPQ 
Form 578) issued by an inspector, describing the plant health condition 
of processed or manufactured plant products based on inspection of 
submitted samples and/or by virtue of the processing received.
    Person. An individual, corporation, partnership, trust, association, 
or any other public or private entity, or any officer, employee, or 
agent thereof.
    Phytosanitary certificate. A certificate (PPQ Form 577) issued by an 
inspector, giving the phytosanitary condition of domestic plants or 
unprocessed or unmanufactured plant products based on inspection of the 
entire lot or representative samples drawn by a Federal or State 
employee authorized to conduct such sampling.
    Phytosanitary certificate for reexport. A certificate (PPQ Form 579) 
issued by an inspector, giving the phytosanitary condition of foreign 
plants and plant products legally imported into the United States and 
subsequently offered for reexport. The certificate certifies that, based 
on the original foreign phytosanitary certificate and/or additional 
inspection or treatment in the United States, the plants and plant 
products are considered to conform to the current phytosanitary 
regulations of the receiving country and have not been subjected to the 
risk of infestation or infection during storage in the United States. 
Plants and plant products which transit the United States under Customs 
bond are not eligible to receive the phytosanitary certificate for 
reexport.
    (b) Fee for inspection of commercial vessels of 100 net tons or 
more. (1) Except as provided in paragraph (b)(2) of this section, the 
master, licensed deck officer, or purser of any commercial vessel which 
is subject to inspection under part 330 of this chapter or 9 CFR chapter 
I, subchapter D, and which is either required to make entry at the 
customs house under 19 CFR 4.3 or is a United States-flag vessel 
proceeding coastwise under 19 CFR 4.85, shall, upon arrival, proceed to 
Customs and pay an APHIS user fee. The APHIS user fee for each arrival, 
not to exceed 15 payments in a

[[Page 461]]

calendar year, is shown in the following table. The APHIS user fee shall 
be collected at each port of arrival.

------------------------------------------------------------------------
                       Effective dates                           Amount
------------------------------------------------------------------------
January 1, 2000 through September 30, 2000...................     465.50
October 1, 2000 through September 30, 2001...................     474.50
October 1, 2001..............................................     480.50
------------------------------------------------------------------------

    (2) The following categories of commercial vessels are exempt from 
paying an APHIS user fee:
    (i) Foreign passenger vessels making at least three trips a week 
from a port in the United States to the high seas (including ``cruises 
to nowhere'') and returning to the same port in the United States, not 
having touched any foreign port or place other than in Canada, or taken 
on any stores other than in Canada;
    (ii) Any vessel which, at the time of arrival, is being used solely 
as a tugboat;
    (iii) Vessels used exclusively in the governmental service of the 
United States or a foreign government, including any agency or political 
subdivision of the United States or a foreign government, so long as the 
vessel is not carrying persons or merchandise for commercial purposes;
    (iv) Vessels arriving in distress or to take on bunkers, sea stores, 
or ship's stores;
    (v) Tugboats towing vessels on the Great Lakes; and
    (vi) Any vessel which sails only between United States and Canadian 
ports, when the Master of such vessel arriving from Canada certifies, in 
the ``Remarks'' block of the General Declaration, Customs Form 1301, 
that the vessel has sailed solely between the United States and Canada 
for the previous 2 years.
    (c) Fee for inspection of commercial trucks. (1) Except as provided 
in paragraph (c)(2) of this section, the driver or other person in 
charge of a commercial truck which is entering the customs territory of 
the United States and which is subject to inspection under part 330 of 
this chapter or under 9 CFR, chapter I, subchapter D, must, upon 
arrival, proceed to Customs and pay an APHIS user fee for each arrival, 
as shown in the following table:

------------------------------------------------------------------------
                       Effective dates                           Amount
------------------------------------------------------------------------
January 1, 2000 through September 30, 2000...................       4.25
October 1, 2000 through September 30, 2001...................       4.50
October 1, 2001..............................................       4.75
------------------------------------------------------------------------

    (2) The following categories of commercial trucks are exempt from 
paying an APHIS user fee:
    (i) Trucks entering the customs territory of the United States from 
Canada.
    (ii) [Reserved]
    (3) Prepayment.
    (i) The owner or operator of a commercial truck, if entering the 
customs territory of the United States from Mexico and applying for a 
prepaid Customs permit for a calendar year, must apply for a prepaid 
APHIS permit for the same calendar year. Applicants must apply to 
Customs for prepaid APHIS permits.\1\ The following information must be 
provided, together with payment of an amount 20 times the APHIS user fee 
for each arrival:
---------------------------------------------------------------------------

    \1\ Applicants should refer to Customs Service regulations (19 CFR 
part 24) for specific instructions.
---------------------------------------------------------------------------

    (A) Vehicle make, model, and model year.
    (B) Vehicle Identification Number (VIN).
    (C) License numbers issued by state, province, or country.
    (D) Owner's name and address.
    (ii) No credit toward the prepaid APHIS permit will be given for 
user fees paid for individual arrivals.
    (d) Fee for inspection of commercial railroad cars. (1) Except as 
provided in paragraph (d)(2) of this section, an APHIS user fee will be 
charged for each loaded commercial railroad car which is subject to 
inspection under part 330 of this chapter or under 9 CFR chapter I, 
subchapter D, upon each arrival. The railroad company receiving a 
commercial railroad car in interchange at a port of entry or, barring 
interchange, the railroad company moving a commercial railroad car in 
line haul service into the customs territory of the United States, is 
responsible for paying the APHIS user fee. The APHIS user fee for each 
arrival of a loaded railroad car is shown in the following table. If the 
APHIS user fee is prepaid for all arrivals of a commercial railroad car 
during a calendar year, the APHIS user fee

[[Page 462]]

is an amount 20 times the APHIS user fee for each arrival.

------------------------------------------------------------------------
                       Effective dates                           Amount
------------------------------------------------------------------------
January 1, 2000 through September 30, 2000...................       6.75
October 1, 2000 through September 30, 2001...................       7.00
October 1, 2001..............................................       7.00
------------------------------------------------------------------------

    (2) The following categories of commercial railroad cars are exempt 
from paying an APHIS user fee:
    (i) Commercial railroad cars entering the customs territory of the 
United States from Canada;
    (ii) Any commercial railroad car that is part of a train whose 
journey originates and terminates in the United States, if--
    (A) The commercial railroad car is part of the train when the train 
departs the United States; and
    (B) No passengers board or disembark from the commercial railroad 
car, and no cargo is loaded or unloaded from the commercial railroad 
car, while the train is within any country other than the United States; 
and
    (iii) Locomotives and cabooses.
    (3) Prepayment.
    (i) Railroad companies may, at their option, prepay the APHIS user 
fee for each commercial railroad car for a calendar year. This payment 
must be remitted in accordance with paragraph (d)(5) of this section.
    (ii) No credit toward the calendar year APHIS user fee will be given 
for APHIS user fees paid for individual arrivals.
    (4) Remittance and statement procedures. The Association of American 
Railroads (AAR), and the National Railroad Passenger Corporation 
(AMTRAK), shall file monthly statements with the United States 
Department of Agriculture, National Finance Center, Billings and 
Collections Branch, P.O. Box 60950, New Orleans, LA 70160, within 60 
days after the end of each calendar month. Each statement shall 
indicate:
    (i) The number of loaded commercial railroad cars entering the 
customs territory of the United States from Mexico during the relevant 
period;
    (ii) The number of those commercial railroad cars pulled by each 
railroad company; and
    (iii) The total monthly APHIS user fee due from each railroad 
company.
    (5) Individual railroad companies shall remit the APHIS user fees 
calculated by AAR, and AMTRAK shall remit the APHIS user fees it has 
calculated, within 60 days after the end of each calendar month in which 
commercial railroad cars entered the customs territory of the United 
States. APHIS user fees, together with monthly statements, must be 
remitted to the United States Department of Agriculture, National 
Finance Center, APHIS User Fee Collections, P.O. Box 73562, Chicago, IL 
60673.
    (6) Compliance. AAR, AMTRAK, and each railroad company responsible 
for making APHIS user fee payments must allow APHIS personnel to verify 
the accuracy of APHIS user fees collected and remitted and otherwise 
determine compliance with 21 U.S.C. 136a and this paragraph. The AAR, 
AMTRAK, and each railroad company responsible for making APHIS user fee 
payments must advise the United States Department of Agriculture, 
National Finance Center, Billings and Collections Branch, P.O. Box 
60950, New Orleans, LA 70160, of the name, address, and telephone number 
of a responsible officer who is authorized to verify APHIS user fee 
calculations, collections, and remittances. The United States Department 
of Agriculture, National Finance Center, Billings and Collections 
Branch, P.O. Box 60950, New Orleans, LA 70160, must be promptly notified 
of any changes in the identifying information submitted.
    (e) Fee for inspection of commercial aircraft. (1) Except as 
provided in paragraph (e)(2) of this section, an APHIS user fee will be 
charged for each commercial aircraft which is arriving, or which has 
arrived and is proceeding from one United States airport to another 
under a United States Customs Service ``Permit to Proceed,'' as 
specified in title 19, Code of Federal Regulations, Secs. 122.81 through 
122.85, or an ``Agricultural Clearance or Safeguard Order'' (PPQ Form 
250), used pursuant to title 7, Code of Federal Regulations, 
Sec. 330.400 and title 9, Code of Federal Regulations, Sec. 94.5, and 
which is subject to inspection under part 330 of this chapter or 9 CFR 
chapter I, subchapter D. Each carrier is responsible for paying the 
APHIS user fee. The APHIS

[[Page 463]]

user fee for each arrival is shown in the following table:

------------------------------------------------------------------------
                       Effective dates                           Amount
------------------------------------------------------------------------
January 1, 2000 through September 30, 2000...................      64.00
October 1, 2000 through September 30, 2001...................      64.75
October 1, 2001..............................................      65.25
------------------------------------------------------------------------

    (2) The following categories of commercial aircraft are exempt from 
paying an APHIS user fee:
    (i) Any aircraft moving solely between the United States and Canada;
    (ii) Any aircraft used exclusively in the governmental services of 
the United States or a foreign government, including any Agency or 
political subdivision of the United States or a foreign government, so 
long as the aircraft is not carrying persons or merchandise for 
commercial purposes;
    (iii) Any aircraft making an emergency or forced landing when the 
original destination of the aircraft was a foreign port;
    (iv) Any passenger aircraft with 64 or fewer seats, which is not 
carrying the following cargo: Fresh fruits, fresh vegetables, plants, 
unprocessed plant products, cotton or covers, sugarcane, or fresh or 
processed meats; and which does not offer meal service other than 
beverages and prepackaged snacks that do not contain meats derived from 
ruminants, swine, or poultry or fresh fruits and fresh vegetables. 
Aircraft exempt from the user fee under this paragraph would still be 
subject to the garbage handling requirements found in 7 CFR part 330.400 
and 9 CFR part 94.5;
    (v) Any aircraft moving from the United States Virgin Islands to 
Puerto Rico; and
    (vi) Any aircraft making an intransit stop at a port of entry, 
during which the aircraft does not proceed through any portion of the 
Federal clearance process, such as inspection or clearance by APHIS, by 
the United States Customs Service, or by the Immigration and 
Naturalization Service, no cargo is removed from or placed on the 
aircraft, no passengers get on or off the aircraft, no crew members get 
on or off the aircraft, no food is placed on the aircraft, and no 
garbage is removed from the aircraft.
    (3) Remittance and statement procedures. (i) Each carrier must remit 
the appropriate fees to the United States Department of Agriculture, 
National Finance Center, APHIS User Fee Collections, P.O. Box 73562, 
Chicago, IL 60673, for receipt no later than 31 days after the close of 
the calendar quarter in which the vessel arrivals occurred. Late 
payments will be subject to interest, penalty, and handling charges as 
provided in the Debt Collection Act of 1982 (31 U.S.C. 3717).
    (ii) The remitter must mail with the remittance a written statement 
to the United States Department of Agriculture, National Finance Center, 
APHIS User Fee Collections, P.O. Box 73562, Chicago, IL 60673. The 
statement must include the following information:
    (A) Name and address of the person remitting payment;
    (B) Taxpayer identification number of the person remitting payment;
    (C) Calendar quarter covered by the payment;
    (D) Ports of entry at which inspections occurred;
    (E) Number of arrivals at each port; and
    (F) Amount remitted.
    (iii) Remittances must be made by check or money order, payable in 
United States dollars, through a United States bank, to ``The Animal and 
Plant Health Inspection Service.''
    (4) Compliance. Each carrier subject to this section must allow 
APHIS personnel to verify the accuracy of the APHIS user fees remitted 
and to otherwise determine compliance with 21 U.S.C. 136a and this 
paragraph. Each carrier must advise the United States Department of 
Agriculture, National Finance Center, Billings and Collections Branch, 
P.O. Box 60950, New Orleans, LA 70160, of the name, address, and 
telephone number of a responsible officer who is authorized to verify 
APHIS user fee calculations and remittances. The United States 
Department of Agriculture, National Finance Center, Billings and 
Collections Branch, P.O. Box 60950, New Orleans, LA 70160, must be 
promptly notified of any changes in the identifying information 
submitted.
    (5) Limitations on charges. (i) Airlines will not be charged 
reimbursable overtime for inspection of aircraft if the aircraft is 
subject to the APHIS user

[[Page 464]]

fee for arriving aircraft as prescribed by this section.
    (ii) Airlines will not be charged reimbursable overtime for 
inspection of cargo from an aircraft if:
    (A) the aircraft is subject to the APHIS user fee for arriving 
aircraft as prescribed by this section; and
    (B) the cargo is inspected between 8 a.m. and 4:30 p.m., Monday 
through Friday; or
    (C) the cargo is inspected concurrently with the aircraft.
    (f) Fee for inspection of international passengers. (1) Except as 
specified in paragraph (f)(2) of this section, each passenger aboard a 
commercial aircraft who is subject to inspection under part 330 of this 
chapter or 9 CFR, chapter I, subchapter D, upon arrival from a place 
outside of the customs territory of the United States, must pay an APHIS 
user fee. The APHIS user fee for each arrival is shown in the following 
table:

------------------------------------------------------------------------
                     Effective dates \1\                         Amount
------------------------------------------------------------------------
January 1, 2000 through September 30, 2000...................       3.00
October 1, 2000 through September 30, 2001...................       3.00
October 1, 2001..............................................      3.10
------------------------------------------------------------------------
\1\ Persons who issue international airline tickets or travel documents
  are responsible for collecting the APHIS international airline
  passenger user fee from ticket purchasers. Issuers must collect the
  fee applicable at the time tickets are sold. In the event that ticket
  sellers do not collect the APHIS user fee when tickets are sold, the
  air carrier must collect the user fee from the passenger upon
  departure. Carriers must collect the fee applicable at the time of
  departure from the traveler.

    (2) The following categories of passengers are exempt from paying an 
APHIS user fee:
    (i) Passengers arriving from Canada whose journey originates in 
Canada;
    (ii) Crew members who are on duty on a commercial aircraft;
    (iii) Airline employees, including ``deadheading'' crew members, who 
are traveling on official airline business;
    (iv) Diplomats, except for United States diplomats, who can show 
that their names appear on the accreditation listing maintained by the 
United States Department of State. In lieu of the accreditation listing 
an individual diplomat may present appropriate proof of diplomatic 
status to include possession of a diplomatic passport or visa, or 
diplomatic identification card issued by a foreign government;
    (v) Passengers departing and returning to the United States without 
having touched a foreign port or place other than Canada;
    (vi) Passengers arriving on any commercial aircraft used exclusively 
in the governmental service of the United States or a foreign 
government, including any agency or political subdivision of the United 
States or a foreign government, so long as the aircraft is not carrying 
persons or merchandise for commercial purposes. Passengers on commercial 
aircraft under contract to the United States Department of Defense (DOD) 
are exempted if they have been precleared abroad under the joint DOD/
APHIS Military Inspection Program;
    (vii) Passengers arriving on an aircraft due to an emergency or 
forced landing when the original destination of the aircraft was a 
foreign port; and
    (viii) Passengers transiting the United States and not subject to 
inspection.
    (ix) Passengers moving from the United States Virgin Islands to 
Puerto Rico.
    (3) APHIS user fees shall be collected under the following 
circumstances:
    (i) When through tickets or travel documents are issued indicating 
travel to the customs territory of the United States which originates in 
any location other than Canada;
    (ii) When through tickets or travel documents are issued in Canada 
indicating an arrival in the customs territory of the United States 
following a stopover (layover) in a location other than Canada; and
    (iii) When passengers arrive in the customs territory of the United 
States in transit from a location other than Canada and are inspected by 
APHIS.
    (4) Collection of fees. (i) Any person who issues tickets or travel 
documents on or after May 13, 1991, is responsible for collecting the 
APHIS user fee from all passengers transported into the customs 
territory of the United States to whom the APHIS user fee applies.
    (A) Tickets or travel documents must be marked by the person who 
collects the APHIS user fee to indicate that the required APHIS user fee 
has been collected from the passenger.
    (B) If the APHIS user fee applies to a passenger departing from the 
United States and if the passenger's tickets or

[[Page 465]]

travel documents were issued on or after May 13, 1991, but do not 
reflect collection of the APHIS user fee at the time of issuance, then 
the carrier transporting the passenger from the United States must 
collect the APHIS user fee upon departure.
    (C) APHIS user fees collected from international passengers pursuant 
to paragraph (f) of this section shall be held in trust for the United 
States by the person collecting such fees, by any person holding such 
fees, or by the person who is ultimately responsible for remittance of 
such fees to APHIS. APHIS user fees collected from international 
passengers shall be accounted for separately and shall be regarded as 
trust funds held by the person possessing such fees as agents, for the 
beneficial interest of the United States. All such user fees held by any 
person shall be property in which the person holds only a possessory 
interest and not an equitable interest. As compensation for collecting, 
handling, and remitting the APHIS user fees for international 
passengers, the person holding such user fees shall be entitled to any 
interest or other investment return earned on the user fees between the 
time of collection and the time the user fees are due to be remitted to 
APHIS under this section. Nothing in this section shall affect APHIS' 
right to collect interest for late remittance.
    (5) Remittance and statement procedures. (i) The carrier whose 
ticket stock or travel document reflects collection of the APHIS user 
fee must remit the fee to the United States Department of Agriculture, 
National Finance Center, APHIS User Fee Collections, P. O. Box 73562 
Chicago, IL 60673. The travel agent, United States-based tour 
wholesaler, or other entity, which issues its own non-carrier related 
ticket or travel document to a passenger who is subject to an APHIS user 
fee under this part, must remit the fee to APHIS, unless by contract the 
carrier will remit the fee.
    (ii) APHIS user fees must be remitted to the United States 
Department of Agriculture, National Finance Center, APHIS User Fee 
Collections P. O. Box 73562 Chicago, IL 60673, for receipt no later than 
31 days after the close of the calendar quarter in which the APHIS user 
fees were collected. Late payments will be subject to interest, penalty, 
and handling charges as provided in the Debt Collection Act of 1982 (31 
U.S.C. 3717). Refunds by a remitter of APHIS user fees collected in 
conjunction with unused tickets or travel documents shall be netted 
against the next subsequent remittance.
    (iii) The remitter must mail with the remittance a written statement 
to the United States Department of Agriculture, National Finance Center, 
APHIS User Fee Collections, P.O. Box 73562, Chicago, IL 60673. The 
statement must include the following information:
    (A) Name and address of the person remitting payment;
    (B) Taxpayer identification number of the person remitting payment;
    (C) Calendar quarter covered by the payment; and
    (D) Amount collected and remitted.
    (iv) Remittances must be made by check or money order, payable in 
United States dollars, through a United States bank, to ``The Animal and 
Plant Health Inspection Service.''
    (6) Carriers contracting with United States-based tour wholesalers 
are responsible for notifying the United States Department of 
Agriculture, National Finance Center, Billings and Collections Branch, 
P.O. Box 60950, New Orleans, LA 70160, of all flights contracted, the 
number of spaces contracted for, and the name, address, and taxpayer 
identification number of the United States-based tour wholesaler, within 
31 days after the close of the calendar quarter in which such a flight 
occurred; except that, carriers are not required to make notification if 
tickets, marked to show collection of the APHIS user fee, are issued for 
the individual contracted spaces.
    (7) Compliance. Each carrier, travel agent, United States-based tour 
wholesaler, or other entity, subject to this section, must allow APHIS 
personnel to verify the accuracy of the APHIS user fees collected and 
remitted and to otherwise determine compliance with the 21 U.S.C. 136a 
and this paragraph. Each carrier, travel agent, United States-based tour 
wholesaler, or other entity must advise the United States Department of 
Agriculture, National

[[Page 466]]

Finance Center, Billings and Collections Branch, P.O. Box 60950, New 
Orleans, LA 70160, of the name, address, and telephone number of a 
responsible officer who is authorized to verify APHIS user fee 
calculations, collections, and remittances. The United States Department 
of Agriculture, National Finance Center, Billings and Collections 
Branch, P.O. Box 60950, New Orleans, LA 70160, must be promptly notified 
of any changes in the identifying information submitted.
    (8) Limitation on charges. Airlines will not be charged reimbursable 
overtime for passenger inspection services required for any aircraft on 
which a passenger arrived who has paid the airline passenger APHIS user 
fee for that flight.
    (g) Fees for export certification of plants and plant products. (1) 
For each certificate issued by APHIS personnel, the recipient must pay 
the applicable APHIS user fee at the time and place the certificate is 
issued, or, in the case of a block of certificates, at the time the 
certificates are given to the shipper.
    (2) There is no APHIS user fee for a certificate issued by a 
designated State or county inspector.
    (3) If a designated State inspector issues a certificate, the State 
where the certificate is issued may charge for inspection services 
provided in that State.
    (4) Any State which wishes to charge a fee for services it provides 
to issue certificates must establish fees in accordance with one of the 
following guidelines:
    (i) Calculation of a ``cost-per-certificate'' fee. The State must:
    (A) Estimate the annual number of certificates to be issued;
    (B) Determine the total cost of issuing certificates by adding 
together delivery, \2\ support, \3\ and administrative \4\ costs; and
---------------------------------------------------------------------------

    \2\ Delivery costs are costs such as employee salary and benefits, 
transportation, per diem, travel, purchase of specialized equipment, and 
user fee costs associated with maintaining field offices. Delivery hours 
are similar hours taken by inspectors, including travel time, inspection 
time, and time taken to complete paperwork.
    \3\ Support costs are costs at supervisory levels which are similar 
to delivery costs, and user fee costs such as training, automated data 
processing, public affairs, enforcement, legal services, communications, 
postage, budget and accounting services, and payroll, purchasing, 
billing, and collecting services. Support hours are similar hours taken 
at supervisory levels, as well as hours taken in training, automated 
data processing, enforcement, legal services, communication, budgeting 
and accounting, payroll purchasing, billing, and collecting.
    \4\ Administrative costs are costs incurred as a direct result of 
collecting and monitoring Federal phytosanitary certificates. 
Administrative hours are hours taken as a direct result of collecting 
and monitoring Federal phytosanitary certificates.
---------------------------------------------------------------------------

    (C) Divide the cost of issuing certificates by the estimated number 
of certificates to be issued to obtain a ``raw'' fee. The State may 
round the ``raw'' fee up to the nearest quarter, if necessary for ease 
of calculation, collection, or billing; or
    (ii) Calculation of a ``cost-per-hour'' fee. The State must:
    (A) Estimate the annual number of hours taken to issue certificates 
by adding together delivery \2\, support \3\, and administrative \4\ 
hours;
    (B) Determine the total cost of issuing certificates by adding 
together delivery, support, and administrative costs; and
    (C) Divide the cost of issuing certificates by the estimated number 
of hours taken to issue certificates to obtain a ``cost-per-hour'' fee. 
The State may round the ``cost-per-hour'' fee up to the nearest quarter, 
if necessary for ease of calculation, collection, or billing.
    (5) The APHIS user fees are:

[[Page 467]]

    (i)(A) $50 for a certificate for a commercial shipment; or
    (B) $23 for a certificate for a low-value commercial shipment, if 
the following criteria are met:
    (1) the items being shipped are identical to those identified on the 
phytosanitary certificate;
    (2) the shipment is accompanied by an invoice which states that the 
items being shipped are worth less than $1,250; and
    (3) the shipper requests that user fee charged be based on the low 
value of the shipment;
    (ii) $23 for a certificate for a noncommercial shipment;
    (iii)(A) $50 for a certificate for reexport of a commercial 
shipment; or
    (B) $23 for a certificate for reexport of a low value commercial 
shipment, if the following criteria are met:
    (1) The items being shipped are identical to those identified on the 
phytosanitary certificate;
    (2) The shipment is accompanied by an invoice which states that the 
items being shipped are worth less than $1,250; and
    (3) The shipper requests that the user fee charged be based on the 
low value of the shipment;
    (iv) $50 for a processed product certificate for a commercial 
shipment;
    (v) $7 for reissuing any certificate or certificate for reexport; 
and
    (h) Refunds of APHIS user fees. (1) A shipper who pays for a block 
of certificates to cover commercial shipments may obtain a refund or a 
credit against future APHIS user fees under the following circumstances:
    (i) If a certificate from the block is voided;
    (ii) If a certificate from the block is returned unused;
    (iii) If the shipper pays for inspection outside of normal business 
hours (8 a.m. to 4:30 p.m.) under Sec. 354.1 of this part.
    (iv) If a certificate from the block is used for a noncommercial 
shipment; or
    (v) If a certificate from the block is used to reissue another 
certificate.
    (2) The amount of any refund or credit will be the amount 
overcharged, less $7 to cover APHIS administrative expenses.
    (i) Payment methods. For payment of any of the APHIS user fees 
required in paragraph (g) of this section, we will accept personal 
checks for amounts less than $100, and checks drawn on commercial 
accounts, cashier's checks, certified checks, traveler's checks, and 
money orders for any amount. All payments must be for the exact amount 
due.
    (j) The person for whom the service is provided and the person 
requesting the service are jointly and severally liable for payment of 
user fees for any import or entry services listed below, of $56.00 per 
hour, or $14.00 per quarter hour, with a minimum fee of $14.00, for each 
employee required to perform the following services. If the services 
must be conducted on a Sunday or holiday or at any other time outside 
the normal tour of duty of the employee, then the premium user fee rate 
as listed below applies, as well as the 2-hour minimum charge and a 
commuted traveltime period required by Sec. 354.1(a)(2). If the services 
requested are performed on a Sunday, the hourly user fee rate will be 
$74.00, or $18.50 per quarter hour, with a $18.50 minimum. If the 
services requested are performed on a day other than Sunday outside the 
normal tour of duty of the employee providing the service, the hourly 
user fee rate will be $65.00, or $16.25 per quarter hour, with a $16.25 
minimum:
    (1) Conducting inspections, on vessels or in storage areas, of solid 
wood packing material or cargo when a shipment arrives without a 
certificate or exporter statement required under Sec. 319.40-5(g) or 
Sec. 319.40-5(h) of this chapter, or with an incomplete certificate or 
exporter statement; and
    (2) Supervising the separation of cargo from solid wood packing 
material denied entry under this subpart

[[Page 468]]

and the destruction or reexportation of the solid wood packing material.

(Approved by the Office of Management and Budget under control numbers 
1515-0062, 0579-0094, or 0579-0052)

[56 FR 14844, Apr. 12, 1991, as amended at 57 FR 769, 770, Jan. 9, 1992; 
57 FR 62472, 62473, Dec. 31, 1992; 58 FR 14307, Mar. 17, 1993; 58 FR 
38270, July 16, 1993; 61 FR 2664, Jan. 29, 1996; 61 FR 15371, Apr. 8, 
1996; 62 FR 39754, July 24, 1997; 63 FR 50111, Sept. 18, 1998; 64 FR 
62096, Nov. 16, 1999; 66 FR 21060, Apr. 27, 2001; 67 FR 56218, Sept. 3, 
2002]