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CBP Proposes Rule to Amend Fees for Express Carrier/Centralized Hub Facilities, Etc. (Part I)

U.S. Customs and Border Protection has issued a proposed rule that would amend 19 CFR Part 24 to increase the user fee for customs services provided to express consignment carrier facilities or centralized hub facilities in connection with the entry or release of shipments to $1.00 (from $0.66) for each individual air waybill or bill of lading.

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CBP's proposed rule would also amend 19 CFR Parts 24, 113, and 128 to provide regulations to reflect changes to the customs user fee statute applicable to such facilities that were made by the Trade Act of 2002 and the Miscellaneous Trade and Technical Corrections Act of 2004 (Acts), among other things.

This is Part I of a multipart series of summaries, and highlights certain aspects of this proposed rule. See future issues of ITT for additional summaries.

CBP Proposes to Raise User Fee Assessed on AWB/BLs

CBP states it is proposing to amend 19 CFR Part 24 in order to raise the user fee that carriers using express consignment facilities/centralized hub facilities must pay for CBP processing services in connection with imported letters, documents, shipments or other merchandise, to $1.00 (from $0.66) per individual air waybill or bill of lading. Such an increase is authorized by the Acts, and according to CBP, would more equitably align the fee to the actual costs it incurs.

CBP Proposes New, Amended Regulations for Quarterly Payment, Etc.

CBP's proposed rule would also amend the regulations in 19 CFR Parts 24, 113, and 128 to reflect various changes made by the Acts to the customs user fee statute for these facilities (and in some cases impose additional requirements and conditions), including:

Quarterly payment procedures for carriers using these facilities. CBP explains that certain statutory amendments made by the Acts concerned the fees payable for customs services provided in connection with the release of certain imported shipments at such sites, and primarily served to replace the annual lump sum payment procedure with a quarterly payment procedure based on a specific fee for each individual air waybill or bill of lading.

CBP is proposing to add a new paragraph 19 CFR 24.23(b)(4) which, among other things, would set forth the requirements and conditions that apply to these quarterly payments.

MPF for merchandise formally entered at these sites. CBP's proposed rule would also amend 19 CFR 24.23(b)(1) to reflect the Acts' amendment regarding the .21% merchandise processing fee (MPF) that carriers using these facilities must pay for merchandise that is formally entered, which is in addition to the fee assessed on individual air waybills or bills of lading.

(See future issues of ITT for detailed summaries of this proposed rule, which also proposes other express consignment carrier facility or centralized hub facility requirements, as well as amendments that pertain to small airports and other facilities, international carrier bond conditions, etc.)

(See ITT's Online Archives or 12/02/04 news, 04120210, for Part VIII of BP summary of the 2004 Act, which discusses reimbursements and payments to CBP for certain goods processed at express consignment carrier facilities, as well as the application of MPFs to entries processed at such facilities. See ITT's Online Archives or 08/20/02 news, 02082010, for Part XV of BP summary of the 2002 Act, which discusses changes to the fee structure for certain customs services at express consignment carrier facilities and centralized hub facilities, as well as quarterly payment of such fees.)

-written comments must be received on or before August 28, 2006

CBP Contact - Michael Jackson (202) 344-1196

CBP Proposed Rule (USCBP-2006-0015, FR Pub 07/28/06) available athttp://a257.g.akamaitech.net/7/257/2422/01jan20061800/edocket.access.gpo.gov/2006/pdf/E6-12067.pdf