Page:United States Statutes at Large Volume 101 Part 2.djvu/1172

 101 STAT. 1330-378

PUBLIC LAW 100-203—DEC. 22, 1987

"(A) the clearance of any commercial vessel, vehicle, or airaj jof'. craft or its passengers, crew, stores, material, or cargo arriving, departing, or transiting the United States; '(B) the preclearance at any customs facility outside the United States of any commercial vessel, vehicle or aircraft or its peissengers, crew, stores, material, or cargo; and "(C) the inspection or release of commercial cargo or other commercial shipments being entered into, or withdrawn from, the customs territory of the United States. "(5) For purposes of this subsection, customs services shall be treated as being 'adequately provided' if such of those services that are necessary to meet the needs of parties subject to customs inspection are provided in a timely manner taking into account factors such as— "(A) the unavoidability of weather, mechanical, and other delays; "(B) the necessity for prompt and efficient passenger and baggage clearance; (C) the perishability of cargo; "(D) the desirability or unavoidability of late night and early morning arrivals from various time zones; "(E) the availability (in accordance with regulations prescribed under subsection (g)(2)) of customs personnel and resources; and "(F) the need for specific enforcement checks."; and (C) by amending paragraph (6) (as redesignated by subparagraph (A)) to read as follows: "(6) Notwithstanding any other provision of law except paragraph (2), during any period when fees are authorized under subsection (a), no charges, other than such fees, may be collected— "(A) for any— "(i) cargo inspection, clearance, or other customs activity, expense, or service performed (regardless whether periiitw formed outside of normal business hours on an overtime basis), or "(ii) customs personnel provided, in connection with the arrival or departure of any commercial vessel, vehicle, or aircraft, or its passengers, crew, stores, material, or cargo, in the United States; "(B) for any preclearance or other customs activity, expense, or service performed, and any customs personnel provided, outside the United States in connection with the departure of any commercial vessel, vehicle, or aircraft, or its passengers, crew, stores, material, or cargo, for the United States; or "(C) in connection with— "(i) the activation or operation (including Customs Serv«f»j ice supervision) of any foreign trade zone or subzone established under the Act of June 18, 1934 (commonly know as .8'. the Foreign Trade Zones Act, 19 U.S.C. 81a et seq.), or "(ii) the designation or operation (including Customs Service supervision) of any bonded warehouse under section 555 of the Tariff Act of 1930 (19 U.S.C. 1555).". (3) DISPOSITION OF FEES.—Subsection (f) is amended by striking out paragraphs (1), (2), and (3) and inserting the following: "(f) DISPOSITION OF F E E S. - - (1) There is established in the general fund of the Treasury a separate account which shall be known as the 'Customs User Fee Account'. Notwithstanding section 524 of the Tariff Act of 1930 (19 U.S.C. 1524), there shall be deposited as offsetting receipts into the Customs User Fee Account all fees

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