Page:United States Statutes at Large Volume 100 Part 5.djvu/792

 100 STAT. 4266 Harbor Maintenance Revenue Act of 1986. 26 USC 1 note.

PUBLIC LAW 99-662—NOV. 17, 1986 ?

TITLE XIV—REVENUE PROVISIONS

SEC. 1401. SHORT TITLE.

This title may be cited as the "Harbor Maintenance Revenue Act of 1986". SEC. 1402. IMPOSITION OF HARBOR MAINTENANCE TAX.

26 USC 4451 et seq. Ante, p. 2095.

(a) GENERAL RULE.—Chapter 36 of the Internal Revenue Code of 1954 (relating to certain other excise taxes) is amended by inserting after the chapter heading the following new subchapter:

"Subchapter A—Harbor Maintenance Tax "Sec. 4461. Imposition of tax. "Sec. 4462. Definitions and special rules. 26 USC 4461.

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"SEC. 4461. IMPOSITION OF TAX.

"(a) GENERAL RULE.—There is hereby imposed a tax on any port use. "(b) AMOUNT OF TAX.—The amount of the tax imposed by subsection (a) on any port use shall be an amount equal to 0.04 percent of the value of the commercial cargo involved. "(C) LlABILITY AND TlME OF IMPOSITION OF T A X. —

"(1) LIABILITY.—The tax imposed by subsection (a) shall be paid by— "(A) in the case of cargo entering the United States, the importer, "(B) in the case of cargo to be exported from the United States, the exporter, or "(C) in any other case, the shipper.

Imports. Exports.

"(2) TIME OF IMPOSITION.—Except as provided by regulations,

the tax imposed by subsection (a) shall be imposed— "(A) in the case of cargo to be exported from the United States, at the time of loading, and "(B) in any other case, at the time of unloading.

Exports.

26 USC 4462.

"SEC. 4462. DEFINITIONS AND SPECIAL RULES.

"(a) DEFINITIONS.—For purposes of this subchapter— "(1) PORT USE.—The term 'port use' means— "(A) the loading of commercial cargo on, or "(B) the unloading of commercial cargo from, a commercial vessel at a port.

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"(2) PORT.—

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"(A) IN GENERAL.—The term 'port' means any channel or harbor (or component thereof) in the United States, which— "(i) is not an inland waterway, and ,.,? .-^ "(ii) is open to public navigation. "(B) EXCEPTION FOR CERTAIN FACILITIES.—The term 'port' does not include any channel or harbor with respect to which no Federal funds have been used since 1977 for construction, maintenance, or operation, or which was deauthorized by Federal law before 1985. "(C) SPECIAL RULE FOR COLUMBIA RIVER.—The term 'port' shall include the channels of the Columbia River in the States of Oregon and Washington only up to the downstream side of Bonneville lock and dam.

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