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U.S. Code as of:
01/19/04
Section 58b. User fee for customs services at certain small airports and other facilities
(a) Authorized airports, seaports, or other facilities
The Secretary of the Treasury shall make customs services
available and charge a fee for the use of such customs services at
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(1) the airport located at Lebanon, New Hampshire,
(2) the airport located at Pontiac/Oakland, Michigan, and
(3) any other airport, seaport, or other facility designated by
the Secretary of the Treasury under subsection (c) of this
section.
(b) Liability for and amount of fee
The fee which is charged under subsection (a) of this section
shall be paid by each person using the customs services at the
airport, seaport, or other facility and shall be in an amount equal
to the expenses incurred by the Secretary of the Treasury in
providing the customs services which are rendered to such person at
such airport, seaport, or other facility (including the salary and
expenses of individuals employed by the Secretary of the Treasury
to provide such customs services).
(c) Justification for service
The Secretary of the Treasury may designate airports, seaports,
and other facilities under this subsection. An airport, seaport, or
other facility may be designated under this subsection only if -
(1) the Secretary of the Treasury has made a determination that
the volume or value of business cleared through such airport,
seaport, or other facility is insufficient to justify the
availability of customs services at such airport, seaport, or
other facility, and
(2) the governor of the State in which such airport, seaport,
or other facility is located approves such designation.
(d) Failure to pay fee
Any person who, after notice and demand for payment of any fee
charged under subsection (a) of this section, fails to pay such fee
shall be guilty of a misdemeanor and if convicted thereof shall pay
a fine that does not exceed an amount equal to 200 percent of such
fee.
(e) Small airport, seaport, or other facility account; expenditures
for services
Fees collected by the Secretary of the Treasury under subsection
(a) of this section with respect to the provision of services at an
airport, seaport, or other facility shall be deposited in an
account within the Treasury of the United States that is specially
designated for such airport, seaport, or other facility. The
Secretary of the Treasury is authorized and directed to pay out of
any funds available in such account any expenses incurred by the
Federal Government in providing customs services at such airport,
seaport, or other facility (including expenses incurred for the
salaries and expenses of individuals employed to provide such
services). None of the funds deposited into such account shall be
available for any purpose other than making payments authorized
under the preceding sentence.
(f) Customs services for foreign trade zones or subzones
For purposes of this section, customs services provided in
connection with, or with respect to, any foreign trade zone or
subzone that is located at, or in the vicinity of, any airport,
seaport, or other facility described in subsection (a) of this
section or designated under subsection (c) of this section shall be
considered to be customs services provided at such airport,
seaport, or other facility.
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