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Submitted URL: https://insights.delmarcargo.com/e/875811/itation-2019-08-02-7-CFR-354-3/5v341/219798814?h=8LldZBpxE1CsZ_c9286aZaW4OfLmZxGZjLNF6A...
Effective URL: https://www.ecfr.gov/current/title-7/subtitle-B/chapter-III/part-354/section-354.3
Submission: On September 20 via manual from IN — Scanned from DE
Effective URL: https://www.ecfr.gov/current/title-7/subtitle-B/chapter-III/part-354/section-354.3
Submission: On September 20 via manual from IN — Scanned from DE
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ECFR
THE ELECTRONIC CODE OF FEDERAL REGULATIONS
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TITLE 7
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1. Title 7
2. Subtitle B
3. Chapter III
4. Part 354
5. § 354.3
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TITLE 7
ECFR CONTENT
The Code of Federal Regulations (CFR) is the official legal print publication
containing the codification of the general and permanent rules published in the
Federal Register by the departments and agencies of the Federal Government. The
Electronic Code of Federal Regulations (eCFR) is a continuously updated online
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§ 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.
Barge. A non-self-propelled commercial vessel that transports cargo that is not
contained in shipping containers. This does not include integrated tug barge
combinations.
Calendar year. The period from January 1 to December 31, inclusive, of any
particular year.
Certificate. Any certificate issued by or on behalf of APHIS describing the
condition of a shipment of plants or plant products for export, including but
not limited to Phytosanitary Certificate (PPQ Form 577), Export Certificate for
Processed Plant Products (PPQ Form 578), and Phytosanitary Certificate for
Reexport (PPQ Form 579).
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 Bureau of Customs and Border Protection, U.S. Department of
Homeland Security.
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.
Person. An individual, corporation, partnership, trust, association, or any
other public or private entity, or any officer, employee, or agent thereof.
(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 agricultural quarantine and inspection
(AQI) user fee. The AQI user fee for each arrival is shown in the following
table. The AQI user fee shall be collected at each port of arrival.
Expand Table
Effective date Amount Beginning December 28, 2015 $825
(2) The following categories of commercial vessels are exempt from paying an AQI
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, or taken on any stores;
(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 fuel, sea stores, or ship's
stores; and
(v) Tugboats towing vessels on the Great Lakes.
(vi) Barges traveling solely between the United States and Canada that do not
carry cargo originating from countries other than the United States or Canada
and do not carry plants or plant products, or animals or animal products, and
that do not carry soil or quarry products from areas in Canada listed in §
319.77-3 of this chapter as being infested with gypsy moth.
(vii) Vessels returning to the United States after traveling to Canada solely to
take on fuel.
(c) Fee for inspection of commercial trucks.
(1) The driver or other person in charge of a commercial truck that is enteing
the customs territory of the United States and that is subject to inspection
under part 330 of this chapter or under 9CFR, chapter I, subchapter D, must,
upon arrival, proceed to Customs and pay and AQI user fee for each arrival, as
shown in the following table:
Expand Table
Effective date Amount Beginning December 28, 2015 $7.55
(2) [Reserved]
(3) Prepayment.
(i) The owner or operator of a commercial truck, if entering the customs
territory of the United States and applying for a prepaid Customs permit for a
calendar year, must apply for a prepaid AQI permit for the same calendar year.
Applicants must apply to Customs for prepaid AQI permits.[1] The following
information must be provided, together with payment of an amount 40 times the
AQI user fee for each arrival:
(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 AQI 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 AQI 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 AQI user fee. The AQI user
fee for each arrival of a loaded railroad car is shown in the following table.
If the AQI user fee is prepaid for all arrivals of a commercial railroad car
during a calendar year, the AQI user fee is an amount 20 times the AQI user fee
for each arrival.
Expand Table
Effective date Amount Beginning December 28, 2015 $2
(2) The following categories of commercial railroad cars are exempt from paying
an AQI user fee:
(i) Any commercial railroad car that is part of a train whose journey originates
and terminates in Canada if -
(A) The commercial railroad car is part of the train when the train departs
Canada; 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 the United States.
(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 AQI 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 AQI user fee will be given for AQI user
fees paid for individual arrivals.
(4) Statement procedures. The Association of American Railroads (AAR), and the
National Railroad Passenger Corporation (AMTRAK), shall file monthly statements
with the U.S. Bank, United States Department of Agriculture (USDA), APHIS, AQI,
P.O. Box 979044, St. Louis, MO 63197-9000, 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 during the relevant period;
(ii) The number of those commercial railroad cars pulled by each railroad
company; and
(iii) The total monthly AQI user fee due from each railroad company.
(5) Remittance procedures. Individual railroad companies shall remit the AQI
user fees calculated by AAR, and AMTRAK shall remit the AQI 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. AQI
user fees, together with monthly statements, must be remitted to the U.S. Bank,
United States Department of Agriculture (USDA), APHIS, AQI, P.O. Box 979044, St.
Louis, MO 63197-9000.
(6) Compliance. AAR, AMTRAK, and each railroad company responsible for making
AQI user fee payments must allow APHIS personnel to verify the accuracy of AQI
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 AQI user fee payments must advise the U.S. Bank, United
States Department of Agriculture (USDA), APHIS, AQI, P.O. Box 979044, St. Louis,
MO 63197-9000, of the name, address, and telephone number of a responsible
officer who is authorized to verify AQI user fee calculations, collections, and
remittances, as well as 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 AQI 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 Bureau of
Customs and Border Protection “Permit to Proceed,” as specified in 19 CFR 122.81
through 122.85, or an “Agricultural Clearance or Safeguard Order” (PPQ Form
250), used pursuant to § 330.400 of this chapter and 9 CFR 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 AQI user fee. The AQI
user fee for each arrival is shown in the following table:
Expand Table
Effective date Amount Beginning December 28, 2015 $225
(2) The following categories of commercial aircraft are exempt from paying an
AQI user fee:
(i) [Reserved]
(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, as 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 § 330.400 of this
chapter and 9 CFR 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 or the Bureau of Customs and Border
Protection, 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 U.S. Bank, United States
Department of Agriculture (USDA), APHIS, AQI, P.O. Box 979044, St. Louis, MO
63197-9000, for receipt no later than 31 days after the close of the calendar
quarter in which the aircraft arrivals occurred. Late payments will be subject
to interest, penalty, and handling charges as provided in the Debt Collection
Act of 1982, as amended by the Debt Collection Improvement Act of 1996 (31
U.S.C. 3717).
(ii) The remitter must mail with the remittance a written statement to the U.S.
Bank, United States Department of Agriculture (USDA), APHIS, AQI, P.O. Box
979044, St. Louis, MO 63197-9000. 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 AQI user fees remitted and to otherwise determine
compliance with 21 U.S.C. 136a and this paragraph. Each carrier must advise the
U.S. Bank, United States Department of Agriculture (USDA), APHIS, AQI, P.O. Box
979044, St. Louis, MO 63197-9000, of the name, address, and telephone number of
a responsible officer who is authorized to verify AQI user fee calculations and
remittances, as well as 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 AQI user 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 AQI 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 or cruise ship 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 AQI
user fee. The AQI user fee will apply to tickets purchased beginning December
28, 2015. The fees are shown in the following table:
Expand Table
Effective dates1 Passenger type Amount Beginning December 28, 2015 Commercial
aircraft $3.96 Beginning December 28, 2015 Cruise ship 1.75
1 Persons who issue international airline and cruise line tickets or travel
documents are responsible for collecting the AQI international airline passenger
user fee and the international cruise ship 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 AQI user fee when
tickets are sold, the air carrier or cruise line must collect the user fee that
is applicable at the time of departure from the passenger upon departure.
(2) The following categories of passengers are exempt from paying an AQI user
fee:
(i) Crew members onboard for purposes related to the operation of the vessel;
(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;
(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;
(viii) Passengers transiting the United States and not subject to inspection;
and
(ix) Passengers moving from the United States Virgin Islands to Puerto Rico.
(3) AQI 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 that originates in any foreign country;
and
(ii) When passengers arrive in the customs territory of the United States in
transit from a foreign country and are inspected by APHIS or Customs.
(4) Collection of fees.
(i) Any person who issues tickets or travel documents on or after May 13, 1991,
is responsible for collecting the AQI user fee from all passengers transported
into the customs territory of the United States to whom the AQI user fee
applies.
(A) Tickets or travel documents must be marked by the person who collects the
AQI user fee to indicate that the required AQI user fee has been collected from
the passenger.
(B) If the AQI user fee applies to a passenger departing from the United States
and if the passenger's tickets or travel documents were issued on or after May
13, 1991, but do not reflect collection of the AQI user fee at the time of
issuance, then the carrier transporting the passenger from the United States
must collect the AQI user fee upon departure.
(C) AQI 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. AQI 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 AQI 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
AQI user fee must remit the fee to the U.S. Bank, United States Department of
Agriculture (USDA), APHIS, AQI, P.O. Box 979044, St. Louis, MO 63197-9000. 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 AQI user fee under this part, must remit the fee to APHIS, unless
by contract the carrier will remit the fee.
(ii) AQI user fees must be remitted to the U.S. Bank, United States Department
of Agriculture (USDA), APHIS, AQI, P.O. Box 979044, St. Louis, MO 63197-9000,
for receipt no later than 31 days after the close of the calendar quarter in
which the AQI user fees were collected. Late payments will be subject to
interest, penalty, and handling charges as provided in the Debt Collection Act
of 1982, as amended by the Debt Collection Improvement Act of 1996 (31 U.S.C.
3717). Refunds by a remitter of AQI 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 U.S.
Bank, United States Department of Agriculture (USDA), APHIS, AQI, P.O. Box
979044, St. Louis, MO 63197-9000. 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 U.S. Bank, United States Department of Agriculture
(USDA), APHIS, AQI, P.O. Box 979044, St. Louis, MO 63197-9000, 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 AQI 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 AQI user fees collected and remitted and to otherwise determine
compliance with 21 U.S.C. 136a and this paragraph. Each carrier, travel agent,
United States-based tour wholesaler, or other entity must advise the U.S. Bank,
United States Department of Agriculture (USDA), APHIS, AQI, P.O. Box 979044, St.
Louis, MO 63197-9000, of the name, address, and telephone number of a
responsible officer who is authorized to verify AQI user fee calculations,
collections, and remittances, as well as any changes in the identifying
information submitted.
(8) Limitation on charges. Airlines and cruise lines will not be charged
reimbursable overtime for passenger inspection services required for any
aircraft or cruise ship on which a passenger arrived who has paid the
international passenger AQI user fee for that flight or cruise.
(g) Fees for export certification of plants and plant products.
(1) For each certificate issued by APHIS personnel, the recipient must pay the
applicable AQI user fee at the time and place the certificate is issued.
(2) When the work necessary for the issuance of a certificate is performed by
APHIS personnel on a Sunday or holiday, or at any other time outside the regular
tour of duty of the APHIS personnel issuing the certificate, in addition to the
applicable user fee, the recipient must pay the applicable overtime rate in
accordance with § 354.1.
(3)
(i) Each exporter who receives a certificate issued on behalf of APHIS by a
designated State or county inspector must pay an administrative user fee, as
shown in the following table. The administrative fee can be remitted by the
exporter directly to APHIS through the Phytosanitary Certificate Issuance and
Tracking System (PCIT), provided that the exporter has a PCIT account and
submits the application for the export certificate through the PCIT. If the PCIT
is not used, the State or county issuing the certificate is responsible for
collecting the fee and remitting it monthly to the U.S. Bank, United States
Department of Agriculture, APHIS, AQI, P.O. Box 979043, St. Louis, MO
63197-9000.
Expand Table
Effective dates Amount per
shipment PCIT used PCIT not used October 1, 2009, through September 30, 2010 $3
$6 October 1, 2010, through September 30, 2011 6 12 Beginning October 1, 2011 6
12
(ii) The AQI user fees for an export or reexport certificate for a commercial
shipment are shown in the following table.
Expand Table
Effective dates Amount per
shipment October 1, 2009, through September 30, 2010 $77 October 1, 2010,
through September 30, 2011 104 Beginning October 1, 2011 106
(iii) The AQI user fees for an export or reexport certificate for a low-value
commercial shipment are shown in the following table. A commercial shipment is a
low-value commercial shipment if the items being shipped are identical to those
identified on the certificate; the shipment is accompanied by an invoice which
states that the items being shipped are worth less than $1,250; and the shipper
requests that the user fee charged be based on the low value of the shipment.
Expand Table
Effective dates Amount per
shipment October 1, 2009, through September 30, 2010 $42 October 1, 2010,
through September 30, 2011 60 Beginning October 1, 2011 61
(iv) The AQI user fees for an export or reexport certificate for a noncommercial
shipment are shown in the following table.
Expand Table
Effective dates Amount per
shipment October 1, 2009, through September 30, 2010 $42 October 1, 2010,
through September 30, 2011 60 Beginning October 1, 2011 61
(v) The AQI user fees for replacing any certificate are shown in the following
table.
Expand Table
Effective dates Amount per
certificate October 1, 2009, through September 30, 2010 $11 October 1, 2010,
through September 30, 2011 15 Beginning October 1, 2011 15
(4) If a designated State inspector issues a certificate, the State where the
certificate is issued may charge for inspection services provided in that State.
(5) 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
togetherdelivery,[2] support,[3] and administrative[4] costs; and
(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 administrative4 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.
(h) Fee for conducting and monitoring treatments.
(1) Each importer of a consignment of articles that require treatment upon
arrival from a place outside of the customs territory of the United States,
either as a preassigned condition of entry or as a remedial measure ordered
following the inspection of the consignment, must pay an AQI user fee. The AQI
user fee is charged on a per-treatment basis, i.e., if two or more consignments
are treated together, only a single fee will be charged, and if a single
consignment is split or must be retreated, a fee will be charged for each
separate treatment conducted. The AQI user fee for each treatment is shown in
the following table:
Expand Table
Effective dates Amount Beginning December 28, 2015 $47 Beginning December 28,
2016 95 Beginning December 28, 2017 142 Beginning December 28, 2018 190
Beginning December 28, 2019 237
(2) Treatment provider.
(i) Private entities that provide AQI treatment services to importers are
responsible for collecting the AQI treatment user fee from the importer for whom
the service is provided. Treatment providers must collect the AQI treatment fee
applicable at the time the treatment is applied.
(ii) When AQI treatment services are provided by APHIS, APHIS will collect the
AQI treatment fee applicable at the time the treatment is applied from the
person receiving the services. 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.”
(3) Collection of fees.
(i) In cases where APHIS is not providing the AQI treatment and collecting the
associated fee, AQI user fees collected from importers pursuant to this
paragraph 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. AQI user fees collected from
importers 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 AQI treatment user
fees, 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 from the
person holding such user fees for late remittance.
(4) Remittance and statement procedures.
(i) The treatment provider that collects the AQI treatment user fee must remit
the fee to USDA, APHIS, AQI, PO Box 979044, St. Louis, MO 63197-9000.
(ii) AQI treatment user fees must be remitted to [address to be added in final
rule] for receipt no later than 31 days after the close of the calendar quarter
in which the AQI user fees were collected. Late payments will be subject to
interest, penalty, and handling charges as provided in the Debt Collection Act
of 1982, as amended by the Debt Collection Improvement Act of 1996 (31 U.S.C.
3717).
(iii) The remitter must mail with the remittance a written statement to USDA,
APHIS, AQI, PO Box 979044, St. Louis, MO 63197-9000. 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.”
(i) Payment methods. For payment of any of the AQI 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 per hour, or $14 per quarter hour, with a
minimum fee of $14 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 § 354.1(a)(2). If the services requested are
performed on a Sunday, the hourly user fee rate will be $74, 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, 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 § 319.40-5(g) or § 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 and the destruction or reexportation of the solid wood
packing material.
(Approved by the Office of Management and Budget under control numbers
1651-0019, 0579-0094, or 0579-0052).
[69 FR 71679. Dec. 9, 2004, as amended at 71 FR 50328, Aug. 25, 2006; 72 FR
70765, Dec. 13, 2007; 74 FR 32399, July 8, 2009; 75 FR 10644, Mar. 9, 2010; 80
FR 66778, Oct. 29, 2015]
FOOTNOTES - 354.3
[1] Applicants should refer to Customs and Border Protection regulations (19 CFR
part 24) for specific instructions.
[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.
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