[Code of Federal Regulations]

[Title 19, Volume 1]

[Revised as of April 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 19CFR24.1]



[Page 369-372]

 

                        TITLE 19--CUSTOMS DUTIES

 

   CHAPTER I--BUREAU OF CUSTOMS AND BORDER PROTECTION, DEPARTMENT OF 

              HOMELAND SECURITY; DEPARTMENT OF THE TREASURY

 

PART 24_CUSTOMS FINANCIAL AND ACCOUNTING PROCEDURE--Table of Contents

 

Sec.  24.1  Collection of Customs duties, taxes, fees, interest, and 

other charges.









Sec.

24.1 Collection of Customs duties, taxes, fees, interest, and other 

          charges.

24.2 Persons authorized to receive Customs collections.

24.3 Bills and accounts; receipts.

24.3a Customs bills; interest assessment; delinquency; notice to 

          principal and surety.

24.4 Optional method for payment of estimated import taxes on alcoholic 

          beverages upon entry, or withdrawal from warehouse, for 

          consumption.

24.5 Filing identification number.

24.11 Notice to importer or owner of increased or additional duties, 

          taxes, fees and interest.

24.12 Customs fees; charges for storage.

24.13 Car, compartment, and package seals; kind, procurement.

24.13a Car, compartment, and package seals; and fastenings; standards; 

          acceptance by Customs.

24.14 Salable Customs forms.

24.16 Overtime services; overtime compensation and premium pay for 

          Customs Officers; rate of compensation.

24.17 Reimbursable services of Customs employees.

24.18 Preclearance of air travelers in a foreign country; reimbursable 

          cost.

24.21 Administrative overhead charges.

24.22 Fees for certain services.

24.23 Fees for processing merchandise.

24.24 Harbor maintenance fee.

24.25 Statement processing and Automated Clearinghouse.

24.26 Automated Clearinghouse credit.

24.32 Claims; unpaid compensation of deceased employees and death 

          benefits.

24.34 Vouchers; vendors' bills of sale; invoices.

24.36 Refunds of excessive duties, taxes, etc.



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24.70 Claims; deceased or incompetent public creditors.

24.71 Claims for personal injury or damages to or loss of privately 

          owned property.

24.72 Claims; set-off.

24.73 Miscellaneous claims.



    Authority: 5 U.S.C. 301; 19 U.S.C. 58a-58c, 66, 1202 (General Note 

3(i), Harmonized Tariff Schedule of the United States), 1505, 1520, 

1624; 26 U.S.C. 4461, 4462; 31 U.S.C. 9701; Public Law 107-296, 116 

Stat. 2135 (6 U.S.C. 1 et. seq.);

    Section 24.1 also issued under 19 U.S.C. 197, 198, 1648;

    Section 24.4 also issued under 19 U.S.C. 1623, 26 U.S.C. 5007, 5054, 

5061, 7805;

    Section 24.11 also issued under 19 U.S.C. 1485(d);

    Section 24.12 also issued under 19 U.S.C. 1524, 46 U.S.C. 31302;

    Section 24.14 also issued under 19 U.S.C. 1;

    Section 24.16 also issued under 19 U.S.C. 261, 267, 1450, 1451, 

1452, 1623; 46 U.S.C. 2111, 2112;

    Section 24.17 also issued under 19 U.S.C. 261, 267, 1450, 1451, 

1452, 1456, 1524, 1557, 1562; 46 U.S.C. 2110, 2111, 2112;

    Section 24.23 also issued under 19 U.S.C. 3332;

    Section 24.32 also issued under 5 U.S.C. 5582, 5583;

    Section 24.36 also issued under 26 U.S.C. 6423.



    Source: 28 FR 14808, Dec. 31, 1963, unless otherwise noted.





    (a) Except as provided in paragraph (b) of this section, the 

following procedure shall be observed in the collection of Customs 

duties, taxes, fees, interest, and other charges (see Sec.  111.29(b) 

and 141.1(b) of this chapter):

    (1) Any form of United States currency or coin legally current at 

time of acceptance shall be accepted.

    (2) Any bank draft, cashier's check, or certified check drawn on a 

national or state bank or trust company of the United States or a bank 

in Puerto Rico or any possession of the United States if such draft or 

checks are acceptable for deposit by a Federal Reserve bank, branch 

Federal Reserve bank, or other designated depositary shall be accepted.

    (3)(i) An uncertified check drawn by an interested party on a 

national or state bank or trust company of the United States or a bank 

in Puerto Rico or any possession of the United States if such checks are 

acceptable for deposit by a Federal Reserve bank, branch Federal Reserve 

bank, or other designated depositary shall be accepted if there is on 

file with the port director a bond to secure the payment of the duties, 

taxes, fees, interest, or other charges, or if a bond has not been 

filed, the organization or individual drawing and tendering the 

uncertified check has been approved by the port director to make payment 

in such manner. In determining whether an uncertified check shall be 

accepted in the absence of a bond, the port director shall use available 

credit data obtainable without cost to the Government, such as that 

furnished by banks, local business firms, better business bureaus, or 

local credit exchanges, sufficient to satisfy him of the credit standing 

or reliability of the drawer of the check. For purposes of this 

paragraph, a customs broker who does not have a permit for the district 

(see the definition of ``district'' at Sec.  111.1 of this chapter) 

where the entry is filed, is an interested party for the purpose of 

Customs acceptance of such broker's own check, provided the broker has 

on file the necessary power of attorney which is unconditioned 

geographically for the performance of ministerial acts. Customs may look 

to the principal (importer) or to the surety should the check be 

dishonored.

    (ii) If, during the preceding 12-month period, an importer or 

interested party has paid duties or any other obligation by check and 

more than one check is returned dishonored by the debtor's financial 

institution, the port director shall require a certified check, money 

order or cash from the importer or interested party for each subsequent 

payment until such time that the port director is satisfied that the 

debtor has the ability to consistently present uncertified checks that 

will be honored by the debtor's financial institution.

    (4) A U.S. Government check endorsed by the payee to the U.S. 

Customs Service, a domestic traveler's check, or a U.S. postal, bank, 

express, or telegraph money order shall be accepted. Before accepting 

this form of payment the Customs cashier or other employee authorized to 

receive Customs collections shall require such



[[Page 371]]



identification in the way of a current driver's license issued by a 

state of the United States, or a current passport properly authenticated 

by the Department of State, or a current credit card issued by one of 

the numerous travel agencies or clubs, or other credit data, etc., from 

which he can verify the identity and signature of the person tendering 

such check or money order.

    (5) The face amount of a bank draft, cashier's check, certified 

check, or uncertified check tendered in accordance with this paragraph 

shall not exceed the amount due by more than $1 and any required change 

is authorized to be made out of any available cash funds on hand.

    (6) The face amount of a U.S. Government check, traveler's check, or 

money order tendered in accordance with this paragraph shall not exceed 

the amount due by more than $50 and any required change is authorized to 

be made out of any available cash funds on hand.

    (7) Credit or charge cards, which have been authorized by the 

Commissioner of Customs, may be used for the payment of duties, taxes, 

fees, and/or other charges at designated Customs-serviced locations. 

Payment by this manner is limited to non-commercial entries and is 

subject to ultimate collection from the credit card company. Persons 

paying by charge or credit card will remain liable for all such charges 

until paid. Information as to those credit card companies authorized by 

Customs may be obtained from Customs officers.

    (8) Participants in the Automated Broker Interface may use statement 

processing as described in Sec.  24.25 of this part. Statement 

processing allows entry/entry summaries and entry summaries to be 

grouped by either importer or by filer, and allows payment of related 

duties, taxes and fees by a single payment, rather than by individual 

checks for each entry. The preferred method of payment for users of 

statement processing is by Automated Clearinghouse.

    (b) At piers, terminals, bridges, airports and other similar places, 

in addition to the methods of payment prescribed in paragraph (a) of 

this section, a personal check drawn on a national or state bank or 

trust company of the United States shall be accepted by Customs 

inspectors and other Customs employees authorized to receive Customs 

collections in payment of duties, taxes, fees, interest, and other 

charges on noncommercial importations, subject to the identification 

requirements of paragraph (a)(4) of this section and this paragraph. 

Where the amount of the check is over $25, the Customs cashier or other 

employee authorized to receive Customs collections will ensure that the 

payor's name, home and business telephone number (including area code), 

and date of birth are recorded on the face (front) side of the monetary 

instrument. In addition, one of the following will be recorded on the 

face side of the instrument: preferably, the payor's social security 

number or, alternatively, a current passport number or current driver's 

license number (including issuing state). A personal check received 

under this paragraph and a United States Government check, traveler's 

check, or money order received under paragraph (a) of this section by 

such Customs inspectors and other Customs employees shall also be 

subject to the following conditions:

    (1) Where the amount is less than $100 and the identification 

requirements of paragraph (a)(4) of this section have been met, the 

Customs employee accepting the check or money order will place his name 

and badge number on the collection voucher and place the serial number 

or other form of voucher identification on the face side of the check or 

money order so that the check or money order can be easily associated 

with the voucher.

    (2) Where the amount is $100 or more, in addition to the 

requirements of paragraph (b)(1) of this section the Customs employee 

accepting the check or money order shall obtain the approval of the 

Customs officer in charge who also shall personally verify the 

identification data and indicate his approval by initialing the 

collection voucher below the signature of the Customs employee who 

approved the receipt of the check or money order.

    (3) A personal check tendered in accordance with this paragraph 

shall be accepted only when drawn for the amount of the duties, taxes, 

fees, and other charges to be paid by such check.



[[Page 372]]



    (c) Checks on foreign banks, foreign travelers' checks, and 

commercial drafts or bills of exchange subject to acceptance by the 

drawees shall not be accepted.

    (d) Checks and other negotiable papers covering duties, taxes, fees, 

interest, and other Customs charges shall be made payable to the United 

States Customs Service.

    (e) Any person who pays by check any duties, taxes, fees, interest, 

or other charges or obligations due the Customs Service which are not 

guaranteed by a Customs bond shall be assessed a charge of $30.00 for 

each check which is returned unpaid by a financial institution for any 

reason, except the charge will not be assessed if it is shown that the 

maker of the check was not at fault in connection with the return of the 

check. This charge shall be in addition to any unpaid duties, taxes, 

fees, interest, and other charges.



[28 FR 14808, Dec. 31, 1963]



    Editorial Note: For Federal Register citations affecting Sec.  24.1, 

see the List of CFR Sections Affected, which appears in the Finding Aids 

section of the printed volume and on GPO Access.