CBP Issues Proposed Rule to Amend Fees for Express Carrier/Centralized Hub Facilities, Etc. (Part III - Penalties, List of Users)
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, among other things.
This is Part III, the final part of a multipart series of summaries highlighting this proposed rule, and covers proposed changes to 19 CFR 113.64 and 19 CFR 128.11 on international carrier bond conditions and the express consignment carrier application process, respectively. (See ITT's Online Archives or 08/03/06 and 08/07/06 news, 06080305 and 06080720, for Parts I & II.)
Proposed Penalties for Carriers that Fail to Pay Quarterly User Fees
CBP's proposed rule would amend 19 CFR 113.64, on international carrier bond conditions, in order to add a new sentence at the end of paragraph (a) regarding the carrier's agreement to pay penalties in the event that it fails to pay the quarterly user fees required under proposed 19 CFR 24.23(b)(4) for each individual air waybill or bill of lading. The proposed sentence would read as follows:
"If the principal (carrier) fails to pay the fees for processing letters, documents, records, shipments, merchandise, or other items on or before the last day of the month that follows the close of the calendar quarter to which the processing fees relate pursuant to Sec. 24.23(b)(4) of this chapter, the obligors (principal and surety, jointly and severally) agree to pay liquidated damages equal to two times the processing fees not timely paid to CBP as prescribed by regulation."
Proposed Requirement for Express Consignment Carrier Facilities to List Users
CBP is proposing to revise 19 CFR 128.11(b)(2) on the contents of express consignment carrier applications, in order to require express consignment carrier facilities to include a list of the users of its facility with its application. CBP states that this information is necessary to assist CBP in verifying proper payment of the statutory fees. CBP states that a list of users is not necessary in the case of a hub facility because the operator of the facility and the user of the facility are one and the same.
CBP is also proposing to amend 19 CFR 128.11(b)(7) to require express consignment carrier facility applicants to agree to provide quarterly, and update, a list of all carriers using the facility.
In addition, CBP is proposing to amend 19 CFR 128.11(b)(7) to require each hub facility or express consignment carrier applicant to agree to timely pay all applicable processing fees prescribed in 19 CFR 24.23.
-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