Page:United States Statutes at Large Volume 100 Part 3.djvu/158

 100 STAT. 1966

Ante, p. 308.

19 USC 1401a. Federal Register, publication.

PUBLIC LAW 99-509—OCT. 21, 1986

article described in subparagraph (A), (B), or (C) of paragraph (9)) that is formally entered, or withdrawn from warehouse for consumption, during any fiscal year occurring after Septemir ber 30, 1987; a fee in an amount equal to the lesser of— "(A) 0.17 percent ad valorem, or "(B) an ad valorem rate which the Secretary of the Treasury estimates will provide a total amount of revenue during the fiscal year equal to— J' "(i) the total amount authorized to be appropriated - . ' for such fiscal year to the United States Customs Service for salaries and expenses incurred in conducting •" - commercial operations during such fiscal year, reduced by "(ii) the excess, if any, of— .. "(I) the total amount authorized to be approri.t.= priated for such salaries and expenses for such • ' fiscal year, over "(II) the total amount actually appropriated for >. such salaries and expenses for such fiscal year; except that if appropriations are not authorized for a fiscal year, i;i the fee imposed under this paragraph with respect to that year shall be in an amount equal to 0.17 percent ad valorem.". (\y) REDUCTION IN AMOUNT OF FEE.—Subsection (b) of section 13031 of the Consolidated Omnibus Budget Reconciliation Act of 1985 is amended by adding at the end thereof the following new paragraphs: "(8)(A) The fee charged under subsection (a)(9) or (10) with respect to the processing of merchandise shall— "(i) be paid by the importer of record of the merchandise; and "(ii) be based on the value of the merchandise as determined under section 402 of the Tariff Act of 1930. "(B)(i) By no later than the date that is 5 days after the date on which any funds are appropriated to the United States Customs Service for salaries or expenses incurred in conducting commercial operations, the Secretary of the Treasury shall determine the ad valorem rate of the fee charged under subsection (a)(10) and shall publish the determination in the Federal Register. Such ad valorem rate shall apply with respect to services provided for the processing of entries, and withdrawals from warehouse, for consumption made after the date that is 60 days after the date of such determination. "(ii) No determination is required under clause (i) with respect to an appropriation to the United States Customs Service if the funds appropriated are available for less than 60 days. "(9) The Secretary may reduce by an amount he considers equitable the fees charged under subsection (a) for the processing of merchandise entries at facilities at which users reimburse the United States Customs Service, pursuant to section 9701 of title 31, United States Code, or section 236 of the Trade and Tariff Act of 1984 (19 U.S.C. 58b), for the services that it provides at the facilities.". (c) PROVISION OF CUSTOMS SERVICES.—(1) Subsection (e) of section 13031fe) of the Consolidated Omnibus Budget Reconciliation Act of 1985 is amended by adding at the end thereof the following new paragraph: "(4) Notwithstanding any other provision of law, during any period when fees are authorized under subsection (a), no charges, other than such fees, may be collected for—

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