CBP Final Rule Increases Certain COBRA Fees
U.S. Customs and Border Protection (CBP) has issued a final rule, effective April 1, 2007, which amends 19 CFR Parts 24 and 111 by increasing the fees charged for certain customs inspectional services under section 13031 of the Consolidated Omnibus Budget Reconciliation Act of 1985, as amended (COBRA), and incorporates two technical corrections to the existing fee chart at 19 CFR 24.22(g)(2).
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(According to CBP, the American Jobs Creation Act of 2004 (Public Law (P.L.) 108-357) amended 19 USC 58c to renew the fees provided under the COBRA through September 30, 2014 and allow the fees to be increased by an amount not to exceed 10% in the period beginning fiscal year (FY) 2006 through the period for which fees are authorized by law.)
CBP Increases Fees for Three Categories of Customs Services
CBP amends the regulations by increasing the fees for: (1) annual customs brokers permits, (2) each item of dutiable mail for which a customs officer prepares documentation, and (3) customs services provided in connection with the arrival of certain commercial vessels, commercial trucks, railroad cars, private aircraft and private vessels, passengers aboard commercial aircraft and commercial vessels, and barges or other bulk carrier arrivals.
The fee increases established by the final rule are as follows:
| Customs Services | Current Fee/Annual Cap | New Fee |
|---|---|---|
| Customs Broker Permits | $125.00 | $138.00 |
| Dutiable Mail Entries User Fee | $5.00 | $5.50 |
| Commercial Vessel User Fee (Vessel of 100 Net Tons or More) | $397.00/$5,955 | $437.00/$5,955 |
| Commercial Truck User Fee | $5.00/$100.00 | $5.50/$100.00 |
| Railroad Car Passenger/Freight User Fee and Decal | $7.50/$100.00 | $8.25/$100.00 |
| Private Aircraft and Private Vessel Decal Fees | $25.00 | $27.50 |
| User Fee for Passenger Aboard a Commercial Aircraft | $5.00 | $5.50 |
| User Fee for Passenger Aboard a Commercial Vessel (Non-Exempt) | $5.00 | $5.50 |
| Passenger Commercial Vessel User Fee (Canada, Mexico, Territory or Possession of the U.S., or Adjacent Island as Defined in 8 USC 1101(b)(5)) | $1.75 | $1.93 |
| Barges and other Bulk Carriers (From Canada or Mexico) | $100.00/$1,500 | $110.00/$1,500 |
CBP Makes Technical Corrections to Fee Chart for Aircraft Passengers Arriving from Certain Locations
CBP states that, in addition to the changes of the fee amounts in the regulatory text of Parts 24 and 111, the final rule incorporates two technical corrections to the fee chart at 19 CFR 24.22(g)(2).
CBP corrects the fee chart to reflect the regulatory text at 19 CFR 24.22(g)(1)(i)(A), which provides for the collection of a fee for services provided in connection with the arrival of passengers aboard commercial aircraft from Canada, Mexico, any territories and possessions of the U.S., and any adjacent islands ("Specified Location" (SL)), when the journey of the arriving passenger originates in a place outside the U.S. other than an SL. The chart is accordingly amended to state that a fee is assessed in such a situation.
CBP also amends the chart to reflect the language of paragraph (g)(1)(i)(B) that a fee is assessed when the journey of the arriving passenger from an SL originates in the U.S. and includes travel to a country other than to an SL.
(See ITT's Online Archives or 04/28/06 news, 06042810, for BP summary of the proposed rule.
See ITT's Online Archives or 10/26/04 and 10/13/04 news, 04102605 and 04101310, for BP summaries of the President's signing of the COBRA and the House and Senate's Passage of P.L. 108-357, which include discussion of the extension and permitted increase of certain customs fees.)
CBP Contact - Jerry Petty (202) 344-1317
CBP final rule (USCBP-2006-0035; CBP Dec. 07-01, FR Pub 01/26/07) available at http://a257.g.akamaitech.net/7/257/2422/01jan20071800/edocket.access.gpo.gov/2007/pdf/07-335.pdf