[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: 19CFR24.22]



[Page 392-400]

 

                        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.  24.22  Fees for certain services.



    (a) Definitions. For purposes of this section:

    (1) The term vessel includes every description of watercraft or 

other contrivance used or capable of being used as a means of 

transportation on water but does not include any aircraft.

    (2) The term arrival means arrival at a port of entry in the customs 

territory of the United States or at any place serviced by any such port 

of entry.

    (3) The expression calendar year means the period from January 1 to 

December 31 of any particular year.

    (4) The term ferry means any vessel which is being used to provide 

transportation only between places that are no more than 300 miles apart 

and which is being used to transport only:

    (i) Passengers, and/or

    (ii) Vehicles, or railroad cars, which are being used, or have been 

used, in transporting passengers or goods.

    (b) Fee for arrival of certain commercial vessels--(1) Vessels of 

100 net tons or more--(i) Fee. Except as provided in paragraphs (b)(2) 

and (b)(4) of this section, a processing fee in the amount of $397 shall 

be tendered by the master, licensed deck officer, or purser upon arrival 

of any commercial vessel of 100 net tons or more which is required to 

enter under Sec.  4.3 of this chapter or upon arrival of any U.S.-flag 

vessel of 100 net tons or more proceeding coastwise under Sec.  4.85 of 

this chapter. The fee shall be collected for each arrival regardless of 

the number of arrivals taking place in the course of a single voyage.

    (ii) Fee limitation. No fee or portion thereof shall be collected 

under paragraph (b)(1)(i) of this section for the arrival of a vessel 

during any calendar year after a total of $5,955 in fees has been paid 

under paragraphs (b)(1)(i) and (b)(2)(i) of this section for all 

arrivals of such vessel during such calendar year, provided that 

adequate proof of such total payment is submitted to Customs.



[[Page 393]]



    (2) Barges and other bulk carriers from Canada or Mexico--(i) Fee. A 

processing fee of $100 shall be tendered upon arrival of any barge or 

other bulk carrier which arrives from Canada or Mexico either in ballast 

or transporting only cargo laden in Canada or Mexico. The fee shall be 

collected for each arrival regardless of the number of arrivals taking 

place in the course of a single voyage. For purposes of this paragraph, 

the term ``barge or other bulk carrier'' means any vessel, other than a 

ferry, which is not self-propelled or which transports fungible goods 

that are not packaged in any form.

    (ii) Fee limitation. No fee or portion thereof shall be collected 

under paragraph (b)(2)(i) of this section for the arrival of a barge or 

other bulk carrier during any calendar year after a total of $1,500 in 

fees has been paid under paragraphs (b)(1)(i) and (b)(2)(i) of this 

section for all arrivals of such vessel during such calendar year, 

provided that adequate proof of such total payment is submitted to 

Customs.

    (3) Prepayment. The vessel operator, owner, or agent may at any time 

prepay the maximum calendar year amount specified in paragraph 

(b)(1)(ii) or (b)(2)(ii) of this section, or any remaining portion of 

that amount if individual arrival fees have already been paid on the 

vessel for that calendar year. Prepayment must be made at a CBP port 

office. When prepayment is for the remaining portion of a maximum 

calendar year amount, certified copies of receipts (Customs Form 368 or 

368A) issued for individual arrival fee payments during the calendar 

year must accompany the payment.

    (4) Exceptions. The following vessels are exempt from payment of the 

fees specified in paragraphs (b)(1) and (b)(2) of this section:

    (i) Foreign passenger vessels making at least three trips a week 

from a port in the United States to the high seas and returning to the 

same U.S. port without having touched any foreign port or place, even 

though formal entry is still required;

    (ii) Any vessel which, at the time of arrival, is being used solely 

as a tugboat;

    (iii) Any government vessel for which no report of arrival or entry 

is required as provided in Sec.  4.5 of this chapter; and

    (iv) A ferry except for a ferry that began operations on or after 

August 1, 1999, and operates south of 27 degrees latitude and east of 89 

degrees longitude.

    (c) Fee for arrival of a commercial truck--(1) Fee. The driver or 

other person in charge of a commercial truck shall, upon arrival, 

proceed to Customs and tender the sum of $5 for the services provided. 

The fee shall not apply to any commercial truck which, at the time of 

arrival, is being transported by any vessel other than a ferry. For 

purposes of this paragraph, the term ``commercial truck'' means any 

self-propelled vehicle, including an empty vehicle or a truck cab 

without a trailer, which is designed and used for the transportation of 

commercial merchandise or for the transportation of non-commercial 

merchandise on a for-hire basis.

    (2) Fee limitation. No fee shall be collected under paragraph (c)(1) 

of this section for the arrival of a commercial truck during any 

calendar year once a prepayment of $100 has been made and a decal has 

been affixed to the vehicle windshield as provided in paragraph (c)(3) 

of this section.

    (3) Prepayment. The owner, agent, or person in charge of a 

commercial vehicle may at any time prepay a fee of $100 to cover all 

arrivals of that vehicle during a calendar year or any remaining portion 

of a calendar year. Prepayment must be made in accordance with the 

procedures set forth in this paragraph and paragraph (i) of this 

section. Prepayment may be sent by mail, with a properly completed 

Customs Form 339, Annual User Fee Decal Request, to the following 

address: Bureau of Customs and Border Protection, Decal Program 

Administrator, P.O. Box 382030, Pittsburgh, PA 15250-8030. 

Alternatively, the decal request and prepayment by credit card may be 

made via the Internet through the ``Traveler Information'' links at 

CBP's website (http://www.cbp.gov). A third option, prepayment at the 

port, is subject to the port director's discretion to maintain user fee 

decal inventories. Once the prepayment has been made under



[[Page 394]]



this paragraph, a decal will be issued to be permanently affixed by 

adhesive to the lower left hand corner of the vehicle windshield or on 

the left wing window, and otherwise in accordance with the accompanying 

instructions, to show that the vehicle is exempt from payment of the fee 

for individual arrivals during the applicable calendar year or any 

remaining portion of that year.

    (d) Fee for arrival of a railroad car--(1) Fee. Except as provided 

in paragraph (d)(6) of this section, a fee of $7.50 shall be charged for 

the arrival of each loaded or partially loaded passenger or commercial 

freight railroad car. The railroad company receiving a railroad car in 

interchange at a port of entry or, barring interchange, the company 

moving a car in line haul service into the customs territory of the 

United States, shall be responsible for payment of the fee. Payment of 

the fee shall be made in accordance with the procedures set forth in 

paragraph (d)(3) or (d)(4) of this section. For purposes of this 

paragraph, the term ``railroad car'' means any carrying vehicle, 

measured from coupler to coupler and designed to operate on railroad 

tracks, other than a locomotive or a caboose.

    (2) Fee limitation. No fee shall be collected under paragraph (d)(1) 

of this section for the arrival of a railroad car during any calendar 

year once a prepayment of $100 has been made as provided in paragraph 

(d)(3) of this section, provided that adequate records are maintained to 

enable Customs to verify any such prepayment.

    (3) Prepayment. As an alternative to the payment procedures set 

forth in paragraph (d)(4) of this section, a railroad company may at any 

time prepay a fee of $100 to cover all arrivals of a railroad car during 

a calendar year or any remaining portion of a calendar year. The 

prepayment, accompanied by a letter setting forth the railroad car 

number(s) covered by the payment, the calendar year to which the payment 

applies, a return address, and any additional information required under 

paragraph (i) of this section, must be mailed to: Customs and Border 

Protection, National Finance Center, Collections Section, P.O. Box 

68907, Indianapolis, IN 46268 (or, if for overnight delivery, to: the 

same addressee at 6026 Lakeside Blvd., Indianapolis, IN 46278).

    (4) Statement filing and payment procedures. (i) The Association of 

American Railroads (AAR), the National Railroad Passenger Corporation 

(AMTRAK), and any railroad company preferring to act individually, shall 

file monthly statements with Customs, and shall make payment of the 

arrival fees to Customs, in accordance with the procedures set forth in 

paragraphs (d)(4) (ii) and (i) of this section. Each monthly statement 

shall indicate:

    (A) The number of railroad cars subject to the arrival fee during 

the relevant period;

    (B) The number of such railroad cars pulled by each carrier; and

    (C) The total processing fees due from each carrier for the relevant 

period.

    (ii) AMTRAK and railroad companies acting individually shall file 

each monthly statement within 60 days after the end of the applicable 

calendar month, and the fees covered by each statement shall be remitted 

with the statement. Monthly statements prepared by the AAR on behalf of 

individual railroad companies shall be filed within 60 days after the 

end of the applicable calendar month, and each railroad company shall 

remit the fees as calculated for it by the AAR within 60 days after the 

end of that calendar month. In cases of conflict between the AAR and an 

individual railroad company regarding calculation of the fees, the 

railroad company shall timely remit the amount as calculated by the AAR 

even if the dispute is unresolved. Subsequent settlements may be 

accounted for by an explanation in, and adjustment of, the next payment 

to Customs. Payment must be made in accordance with this paragraph and 

paragraph (i) of this section and must be sent by mail to the following 

address: Customs and Border Protection, National Finance Center, 

Collections Section, P.O. Box 68907, Indianapolis, IN 46268 (or, if for 

overnight delivery, to: the same addressee at 6026 Lakeside Blvd., 

Indianapolis, IN 46278).

    (5) Maintenance of records. The AAR, AMTRAK, and each railroad 

company preparing and filing its own statements



[[Page 395]]



shall maintain all documentation necessary for Customs to verify the 

accuracy of the fee calculations and to otherwise determine compliance 

under the law. Such documentation shall be maintained in the United 

States for a period of 5 years from the date of fee calculation. The 

AAR, AMTRAK, and each railroad company preparing and filing its own 

statements shall provide to Customs the name, address, and telephone 

number of a responsible officer who is able to verify any statements or 

records required to be filed or maintained under this section, and shall 

promptly notify Customs of any changes in identifying information 

previously submitted.

    (6) Exceptions. The following railroad cars are exempt from payment 

of the fee specified in paragraph (d)(1) of this section:

    (i) Any railroad car whose journey originates and terminates in the 

same country, provided that no passengers board or disembark from the 

train and no cargo is loaded or unloaded from the car while the car is 

within any country other than the country in which the car originates 

and terminates, including any such railroad car which is set out for 

repairs outside the United States and then returned to on-line service 

without having undergone loading or unloading of passengers or cargo 

during the repair period;

    (ii) Any railroad car transporting only containers, bins, racks, 

dunnage and other fixed or loose equipment or materials which have been 

used for enclosing, supporting or protecting commercial freight; and

    (iii) Any railroad car which, at the time of arrival, is being 

transported by any vessel other than a ferry.

    (e) Fee for arrival of a private vessel or private aircraft--(1) 

Fee. Except as provided in paragraph (e)(3) of this section, the master 

or other person in charge of a private vessel or private aircraft must, 

upon first arrival in any calendar year, proceed to CBP and tender the 

sum of $25 to cover services provided in connection with all arrivals of 

that vessel or aircraft during that calendar year. A properly completed 

Customs Form 339, Annual User Fee Decal Request, must accompany the 

payment. Upon payment of the annual fee, a decal will be issued to be 

permanently affixed by adhesive to the vessel or aircraft, in accordance 

with accompanying instructions, as evidence that the fee has been paid. 

Except in the case of private aircraft, and aircraft landing at user fee 

airports authorized under 19 U.S.C. 58b, all overtime charges provided 

for in this part remain payable notwithstanding payment of the fee 

specified in this paragraph.

    (2) Prepayment. A private vessel or private aircraft owner or 

operator may, at any time during the calendar year, prepay the $25 

annual fee specified in paragraph (e)(1) of this section. Prepayment 

must be made in accordance with the procedures set forth in this 

paragraph and paragraph (i) of this section. Prepayment may be sent by 

mail, along with a properly completed Customs Form 339, Annual User Fee 

Decal Request, to the following address: Customs and Border Protection, 

Decal Program Administrator, P.O. Box 382030, Pittsburgh, PA 15250-8030. 

Alternatively, the decal request and prepayment by credit card may be 

made via the Internet through the ``Traveler Information'' links at 

CBP's website (http://www.cbp.gov). A third option, prepayment at the 

port, is subject to the port director's discretion to maintain user fee 

decal inventories.

    (3) Exceptions. The following are exempt from payment of the fee 

specified in paragraph (e)(1) of this section:

    (i) Private pleasure vessels of less than 30 feet in length, so long 

as they are not carrying any goods required to be declared to Customs;

    (ii) Any private pleasure vessel granted a cruising license under 

Sec.  4.94 of this chapter, during the term of the license; and

    (iii) Any private vessel which, at the time of arrival, is being 

transported by any vessel other than a ferry.

    (f) Fee for dutiable mail. The addressee of each item of dutiable 

mail for which a Customs officer prepares documentation shall be 

assessed a processing fee in the amount of $5. When the merchandise is 

delivered by the Postal Service, the fee shall be shown as a separate 

item on the entry and collected at the time of delivery of the 

merchandise along with any duty and taxes due.



[[Page 396]]



When Customs collects the fee directly from the importer or his agent, 

the fee will be included as a separate item on the informal entry or 

entry summary document.

    (g) Fees for arrival of passengers aboard commercial vessels and 

commercial aircraft--(1) Fees. (i) Subject to paragraphs (g)(1)(ii) and 

(g)(3) of this section, a fee of $5 must be collected and remitted to 

CBP for services provided in connection with the arrival of each 

passenger aboard a commercial vessel or commercial aircraft from a place 

outside the United States, other than Canada, Mexico, one of the 

territories and possessions of the United States, or one of the adjacent 

islands, in either of the following circumstances:

    (A) When the journey of the arriving passenger originates in a place 

outside the United States other than Canada, Mexico, one of the 

territories or possessions of the United States, or one of the adjacent 

islands; or

    (B) When the journey of the arriving passenger originates in the 

United States and is not limited to Canada, Mexico, territories and 

possessions of the United States, and adjacent islands.

    (ii) Subject to paragraph (g)(3) of this section, a fee of $1.75 

must be collected and remitted to Customs for services provided in 

connection with the arrival of each passenger aboard a commercial vessel 

from Canada, Mexico, one of the territories and possessions of the 

United States, or one of the adjacent islands, regardless of whether the 

journey of the arriving passenger originates in a place outside the 

United States or in the United States.

    (iii) For purposes of this paragraph (g), the term ``territories and 

possessions of the United States'' includes American Samoa, Guam, the 

Northern Mariana Islands, Puerto Rico, and the U.S. Virgin Islands, and 

the term ``adjacent islands'' includes Saint Pierre, Miquelon, Cuba, the 

Dominican Republic, Haiti, Bermuda, the Bahamas, Barbados, Jamaica, the 

Windward and Leeward Islands, Trinidad, Martinique, and other British, 

French, and Netherlands territory or possessions in or bordering on the 

Caribbean Sea.

    (iv) For purposes of this paragraph (g), a journey, which may 

encompass multiple destinations and more than one mode of 

transportation, will be deemed to originate in the location where the 

person's travel begins under cover of a transaction which includes the 

issuance of a ticket or travel document for transportation into the 

customs territory of the United States.

    (v) For purposes of this paragraph (g), the term ``passenger'' means 

a natural person for whom transportation is provided and includes an 

infant whether a separate ticket or travel document is issued for the 

infant or the infant occupies a seat or is held or carried by another 

passenger.

    (vi) For purposes of paragraph (g)(1)(ii) of this section, the term 

``commercial vessel'' includes any ferry that began operations on or 

after August 1, 1999, and operates south of 27 degrees latitude and east 

of 89 degrees longitude.

    (vii) In the case of a commercial vessel making a single voyage 

involving two or more United States ports, the applicable fee prescribed 

under paragraph (g)(1)(i) or (g)(1)(ii) of this section is required to 

be charged only one time for each passenger.

    (2) Fee chart. The chart set forth below outlines the application of 

the fees specified in paragraphs (g)(1)(i) and (ii) of this section with 

reference to the place where the passenger's journey originates and with 

reference to the place from which the passenger arrives in the United 

States (that is, the last stop on the journey prior to arrival in the 

United States). In the chart:

    (i) SL stands for ``Specified Location'' and means Canada, Mexico, 

any territories and possessions of the United States, and any adjacent 

islands;

    (ii) The single asterisk (*) means that the journey originating in 

the United States is limited to travel to one or more Specified 

Locations;

    (iii) The double asterisk (**) means that the journey originating in 

the United States includes travel to at least one place other than a 

Specified Location; and

    (iv) N/A indicates that the facts presented in the chart preclude 

application of the fee.



[[Page 397]]







----------------------------------------------------------------------------------------------------------------

                                                  Fee status for arrival from  SL        Fee status for arrival

    Place where journey originates (see    --------------------------------------------    from other than SL

                (g)(1)(iv))                                                            -------------------------

                                               Vessel               Aircraft               Vessel      Aircraft

----------------------------------------------------------------------------------------------------------------

SL........................................        $1.75  No fee.......................       No fee       No fee

Other than SL or U.S......................        $1.75  No fee.......................           $5           $5

U.S.*.....................................        $1.75  No fee.......................          N/A          N/A

U.S.**....................................        $1.75  No fee.......................           $5           $5

----------------------------------------------------------------------------------------------------------------



    (3) Exceptions. The fees specified in paragraph (g)(1) of this 

section will not apply to the following categories of arriving 

passengers:

    (i) Crew members and persons directly connected with the operation, 

navigation, ownership or business of the vessel or aircraft, provided 

that the crew member or other person is traveling for an official 

business purpose and not for pleasure;

    (ii) Diplomats and other persons in possession of a visa issued by 

the United States Department of State in class A-1, A-2, C-2, C-3, G-1 

through G-4, or NATO 1-6;

    (iii) Persons arriving as passengers on any 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 foreign government, so long as the aircraft is not 

carrying persons or merchandise for commercial purposes. Passengers on 

commercial aircraft under contract to the U.S. Department of Defense are 

exempted if they have been precleared abroad under the joint DOD/CBP 

Military Inspection Program;

    (iv) Persons arriving on an aircraft due to an emergency or forced 

landing when the original destination of the aircraft was a foreign 

airport;

    (v) Persons who are in transit to a destination outside the United 

States and for whom CBP inspectional services are not provided;

    (vi) Persons departing from and returning to the same United States 

port as passengers on board the same vessel without having touched a 

foreign port or place; and

    (vii) Persons arriving as passengers on board a commercial vessel 

traveling only between ports that are within the customs territory of 

the United States.

    (4) Fee collection procedures. (i) Each air or sea carrier, travel 

agent, tour wholesaler, or other party issuing a ticket or travel 

document for transportation into the customs territory of the United 

States is responsible for collecting from the passenger the applicable 

fee specified in paragraph (g)(1) of this section, including the fee 

applicable to any infant traveling without a separate ticket or travel 

document. The fee must be separately identified with a notation 

``Federal inspection fees'' on the ticket or travel document issued to 

the passenger to indicate that the required fee has been collected. A 

fee relative to an infant traveling without a ticket or travel document 

may be identified instead with the notation on a receipt or other 

document issued for that purpose or to record the infant's travel. If 

the ticket or travel document, or a receipt or other document issued 

relative to an infant traveling without a ticket or travel document, is 

not so marked and was issued in a foreign country, the fee must be 

collected by the departing carrier upon departure of the passenger from 

the United States. If the fee is collected at the time of departure from 

the United States, the carrier making the collection must issue a 

receipt to the passenger. U.S.-based tour wholesalers who contract for 

passenger space and issue non-carrier tickets or travel documents must 

collect the fee in the same manner as a carrier.

    (ii) Collection of the fee under paragraph (g)(1)(i) of this section 

will include the following circumstances:

    (A) When a through ticket or travel document is issued covering (or 

a receipt or other document issued for an infant traveling without a 

ticket or travel document indicates that the infant's journey is 

covering) a journey into the customs territory of the United States 

which originates in and arrives from a place outside the United States 

other than Canada, Mexico, one of the territories and possessions of the 

United States, or an adjacent island;



[[Page 398]]



    (B) When a return ticket or travel document is issued (or a receipt 

or other document that indicates an infant traveling without a return 

ticket or travel document is issued) in connection with a journey which 

originates in the United States, includes a stop in a place other than 

Canada, Mexico, one of the territories and possessions of the United 

States, or an adjacent island, and the return arrival to the United 

States is from a place other than one of these specified places; and

    (C) When a passenger on a journey in transit through the United 

States to a foreign destination arrives in the customs territory of the 

United States from a place other than Canada, Mexico, one of the 

territories and possessions of the United States, or an adjacent island, 

is processed by CBP, and the journey does not originate in one of these 

specified places.

    (iii) Collection of the fee under paragraph (g)(1)(ii) of this 

section will include the following circumstances:

    (A) When a through ticket or travel document is issued covering (or 

a receipt or other document issued for an infant traveling without a 

ticket or travel document indicates that the infant's journey is 

covering) a journey into the customs territory of the United States from 

Canada, Mexico, one of the territories and possessions of the United 

States, or an adjacent island;

    (B) When a return ticket or travel document is issued (or a receipt 

or other document that indicates an infant traveling without a return 

ticket or travel document is issued) in connection with a journey which 

originates in the United States and the return arrival to the United 

States is from Canada, Mexico, one of the territories and possessions of 

the United States, or an adjacent island; and

    (C) When a passenger on a journey in transit through the United 

States to a foreign destination arrives in the customs territory of the 

United States from Canada, Mexico, one of the territories and 

possessions of the United States, or an adjacent island and is processed 

by CBP.

    (5) Quarterly payment and statement procedures. Payment to CBP of 

the fees required to be collected under paragraph (g)(1) of this section 

must be made no later than 31 days after the close of the calendar 

quarter in which the fees were required to be collected from the 

passenger. Payment of the fees must be made, in accordance with the 

procedures set forth in this paragraph and paragraph (i) of this 

section, by the party required to collect the fee under paragraph 

(g)(4)(1) of this section. Each quarterly fee payment must be sent to 

the following address: Customs and Border Protection, National Finance 

Center, Collections Section, P.O. Box 68907, Indianapolis, IN 46268 (or, 

if for overnight delivery, to: the same addressee at 6026 Lakeside 

Blvd., Indianapolis, IN 46278). Overpayments and underpayments may be 

accounted for by an explanation with, and adjustment of, the next due 

quarterly payment to CBP. The quarterly payment must be accompanied by a 

statement that includes the following information:

    (i) The name and address of the party remitting payment;

    (ii) The taxpayer identification number of the party remitting 

payment;

    (iii) The calendar quarter covered by the payment;

    (iv) The total number of tickets for which fees were required to be 

collected, the total number of infants traveling without a ticket or 

travel document for which fees were required to be collected, and the 

total amount of fees collected and remitted; and

    (v) For commercial vessel passengers, the total number of tickets 

for which fees were required to be collected, the total number of 

infants traveling without a ticket or travel document for which fees 

were required to be collected, the total amount of fees collected and 

remitted to CBP, and a separate breakdown of the foregoing information 

relative to the $5 vessel passenger fee collected and remitted under 

paragraph (g)(1)(i) of this section and the $1.75 vessel passenger fee 

collected and remitted under paragraph (g)(1)(ii) of this section.

    (6) Each carrier contracting with a U.S.-based tour wholesaler is 

responsible for notifying Customs of each flight or voyage so 

contracted, the number of spaces contracted for on each flight or 

voyage, and the name,



[[Page 399]]



address and taxpayer identification number of the tour wholesaler, 

within 31 days after the close of the calendar quarter in which such a 

flight or voyage occurred.

    (7) Maintenance of records. Each air or sea carrier, travel agent, 

tour wholesaler, or other party affected by this paragraph shall 

maintain all such documentation necessary for Customs to verify the 

accuracy of fee calculations and to otherwise determine compliance under 

the law. Such documentation shall be maintained in the United States for 

a period of 5 years from the date of fee calculation. Each such affected 

party shall provide to Customs the name, address, and telephone number 

of a responsible officer who is able to verify any statements or records 

required to be filed or maintained under this section, and shall 

promptly notify Customs of any changes in the identifying information 

previously submitted.

    (8) Limitation on charges. Except in the case of costs reimbursed 

under Sec.  24.17(a)(14) of this part, Customs services provided to 

passengers arriving in the United States on scheduled airline flights 

(as defined in Sec.  122.1(k) of this chapter and operating within the 

requirements of subpart D of part 122 of this chapter) shall be provided 

at no cost to airlines and airline passengers other than the fee 

specified in paragraph (g)(1) of this section.

    (h) Annual customs broker permit fee. Customs brokers are subject to 

an annual fee for each district permit and for a national permit held by 

an individual, partnership, association, or corporation, as provided in 

Sec.  111.96(c) of this chapter. The annual fee for each district permit 

must be submitted to the port through which the broker was granted the 

permit. The annual fee for a national permit must be submitted to the 

port through which the broker's license is delivered.

    (i) Information submission and fee remittance procedures. In 

addition to any information specified elsewhere in this section, each 

payment made by mail must be accompanied by information identifying the 

person or organization remitting the fee, the type of fee being remitted 

(for example, railroad car, commercial truck, private vessel), and the 

time period to which the payment applies. All fee payments required 

under this section must be in the amounts prescribed and must be made in 

U.S. currency, or by check or money order payable to Customs and Border 

Protection, in accordance with the provisions of Sec.  24.1 of this 

part. Authorization for making payments electronically can be obtained 

by writing to the National Finance Center, Collections Section, 6026 

Lakeside Blvd., Indianapolis, IN 46278. Where payment is made at a CBP 

port, credit cards will be accepted only where the port is equipped to 

accept credit cards for the type of payment being made. If payment is 

made by check or money order, the check or money order must be annotated 

with the appropriate class code. The applicable class codes and payment 

locations for each fee are as follows:

    (1) Fee under paragraph (b)(1) of this section (commercial vessels 

of 100 net tons or more other than barges and other bulk carriers from 

Canada or Mexico): class code 491. Payment location: port of arrival for 

each individual arrival (fee to be collected by CBP at the time of 

arrival) or prepayment at the port in accordance with paragraph (b)(3) 

of this section;

    (2) Fee under paragraph (b)(2) of this section (barges and other 

bulk carriers from Canada or Mexico): class code 498. Payment location: 

port of arrival for each individual arrival (fee to be collected by CBP 

at the time of arrival) or prepayment at the port in accordance with 

paragraph (b)(3) of this section;

    (3) Fee under paragraph (c) of this section (commercial vehicles): 

for each individual arrival, class code 492; for prepayment of the 

maximum calendar year fee, class code 902. Payment location: port of 

arrival for each individual arrival (fee to be collected by CBP at the 

time of arrival) or prepayment in accordance with paragraph (c)(3) of 

this section;

    (4) Fee under paragraph (d) of this section (railroad cars): for 

each individual arrival (under the monthly payment and statement filing 

procedure), class code 493; for prepayment of the maximum calendar year 

fee, class code 903. Payment location: for individual



[[Page 400]]



arrivals (monthly payment and statement filing), see paragraph 

(d)(4)(ii) of this section; for prepayment, see paragraph (d)(3) of this 

section;

    (5) Fee under paragraph (e) of this section (private vessels and 

aircraft): for private vessels, class code 904; for private aircraft, 

class code 494. Payment location: port of arrival for each individual 

arrival (fee to be collected by CBP at the time of arrival) or 

prepayment in accordance with paragraph (e)(2) of this section;

    (6) Fee under paragraph (f) of this section (dutiable mail): class 

code 496. Payment location: see paragraph (f) of this section;

    (7) Fee under paragraph (g)(1)(i) of this section (the $5 fee for 

commercial vessel and commercial aircraft passengers): class code 495. 

Payment location: see paragraph (g)(5) of this section;

    (8) Fee under paragraph (g)(1)(ii) of this section (the $1.75 fee 

for commercial vessel passengers): class code 484. Payment location: see 

paragraph (g)(5) of this section; and

    (9) Fee under paragraph (h) of this section (customs broker 

permits): for district permits, class code 497; for national permits, 

class code 997. Payment location: see paragraph (h) of this section.

    (j) Treatment of fees as Customs duty--(1) Administration and 

enforcement. Unless otherwise specifically provided in this chapter, all 

administrative and enforcement provisions under the Customs laws and 

regulations, other than those laws and regulations relating to drawback, 

shall apply with respect to any fee provided for under this section, and 

with respect to any person liable for the payment of such fee, as if 

such fee is a Customs duty. For purposes of this paragraph, any penalty 

assessable in relation to an amount of Customs duty, whether or not any 

such duty is in fact due and payable, shall be assessed in the same 

manner with respect to any fee required to be paid under this section.

    (2) Jurisdiction. For purposes of determining the jurisdiction of 

any court or agency of the United States, any fee provided for under 

this section shall be treated as if such fee is a Customs duty.



[T.D. 93-85, 58 FR 54282, Oct. 21, 1993, as amended by T.D. 94-1, 58 FR 

69470, Dec. 30, 1993; 59 FR 8853, Feb. 24, 1994; T.D. 98-56, 63 FR 

32944, June 16, 1998; CBP Dec. 03-13, 68 FR 43627, July 24, 2003]