Page:United States Statutes at Large Volume 104 Part 1.djvu/670

 104 STAT. 636 PUBLIC LAW 101-382—AUG. 20, 1990 (A) by redesignating subparagraph (A) as subparagraph (D), (B) by striking out subparagraph (B), (C) by inserting before subpargigraph (D) (as redesignated by this paragraph) the following: "(A)(i) Subject to clause (ii), the fee charged under subsection (a)(9) for the formal entry or release of merchandise may not exceed $400 or be less than $21. "(ii) A surcharge of $3 shall be added to the fee determined after application of clause (i) for any manual entry or release of merchandise. "(B) No fee may be charged under subsection (a)(9) or (10) for the processing of any article that is— "(i) provided for under any item in chapter 98 of the Harmonized Tariff Schedule of the United States, except subheading 9802.00.60 or 9802.00.80, "(ii) a product of an insular possession of the United States, or "(iii) a product of any country listed in subdivision (c)(iiXB) or (c)(v) of general note 3 to such Schedule. "(C) For purposes of applying subsection (a)(9) or (10)— "(i) expenses incurred by the Secretary of the Treasury in the processing of merchandise do not include costs incurred in— "(I) air passenger processing, "(II) export control, or "(III) international affairs, and "(ii) any reference to a manual entry or release includes— "(I) any entry or release filed by a broker or importer that requires the recording of cargo selectivity data by customs personnel, except when the recording of such data is required because of a temporary administrative or technical failure in the Customs Service automated commercial system that prevents the filing of entries or release in that system by brokers and importers that are certified by the Customs Service to do so; and "(II) any entry or release filed by a broker or importer that is not certified by the Customs Service to file entries and releases in the Customs Service automated commercial system.", (D) by amending subparagraph (D) (as redesignated by this paragraph)— (i) by striking out "be based" in clause (ii) and inserting "except as otherwise provided in this paragraph, be based", (ii) by striking out "and" at the end of clause (iii), (iii) by striking out the period at the end of clause (iv) and inserting "; and", and (iv) by inserting after clause (iv) the following new clause: Agriculture and "(v) in the case of agricultural products of the United ^sricultural States that are processed and packed in a foreign trade coram 1 les. zone, be applied only to the value of material used to make the container for such merchandise, if such merchandise is subject to entry and the container is of a kind normally used for packing such merchandise.", and (E) by adding at the end thereof the following new subparagraph:

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