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e-CFR data is current as of May 11, 2021

Amendment


7 CFR--PART 354

View Printed Federal Register page 80 FR 66778 in PDF format.

Amendment(s) published October 29, 2015, in 80 FR 66778

Effective Dates: December 28, 2015

2. Section 354.3 is amended as follows:

a. In paragraph (b)(1), by removing the words “, not to exceed 15 payments in a calendar year (i.e., no additional fee will be charged for a 16th or subsequent arrival in a calendar year),”.

b. By revising the tables in paragraphs (b)(1) and (c)(1).

c. In paragraph (c)(3)(i) introductory text, by removing the words “20 times” and adding the words “40 times” in their place.

d. By revising the tables in paragraphs (d)(1) and (e)(1).

e. By revising paragraph (f)(1), including the table.

f. By adding paragraph (f)(2)(i).

g. By revising paragraph (f)(8).

h. By adding paragraph (h).

The revisions and addition read as follows:

§354.3   User fees for certain international services.

*   *   *   *   *

(b) *  *  * (1) *  *  *

 
------------------------------------------------------------------------
                        Effective date                           Amount
------------------------------------------------------------------------
Beginning December 28, 2015..................................      $825
------------------------------------------------------------------------

*   *   *   *   *

(c) *  *  * (1) *  *  *

 
------------------------------------------------------------------------
                        Effective date                           Amount
------------------------------------------------------------------------
Beginning December 28, 2015..................................     $7.55
------------------------------------------------------------------------

*   *   *   *   *

(d) *  *  * (1) *  *  *

 
------------------------------------------------------------------------
                        Effective date                           Amount
------------------------------------------------------------------------
Beginning December 28, 2015..................................        $2
------------------------------------------------------------------------

*   *   *   *   *

(e) *  *  * (1) *  *  *

 
------------------------------------------------------------------------
                        Effective date                           Amount
------------------------------------------------------------------------
Beginning December 28, 2015..................................      $225
------------------------------------------------------------------------

*   *   *   *   *

(f) Fee for inspection of international passengers. (1) Except as specified in paragraph (f)(2) of this section, each passenger aboard a commercial aircraft or cruise ship who is subject to inspection under part 330 of this chapter or 9 CFR, chapter I, subchapter D, upon arrival from a place outside of the customs territory of the United States, must pay an AQI user fee. The AQI user fee will apply to tickets purchased beginning December 28, 2015. The fees are shown in the following table:

 
------------------------------------------------------------------------
         Effective dates \1\                Passenger type       Amount
------------------------------------------------------------------------
Beginning December 28, 2015..........  Commercial aircraft....     $3.96
Beginning December 28, 2015..........  Cruise ship............      1.75
------------------------------------------------------------------------
\1\ Persons who issue international airline and cruise line tickets or
  travel documents are responsible for collecting the AQI international
  airline passenger user fee and the international cruise ship passenger
  user fee from ticket purchasers. Issuers must collect the fee
  applicable at the time tickets are sold. In the event that ticket
  sellers do not collect the AQI user fee when tickets are sold, the air
  carrier or cruise line must collect the user fee that is applicable at
  the time of departure from the passenger upon departure.

(2) *  *  *

(i) Crew members onboard for purposes related to the operation of the vessel;

*   *   *   *   *

(8) Limitation on charges. Airlines and cruise lines will not be charged reimbursable overtime for passenger inspection services required for any aircraft or cruise ship on which a passenger arrived who has paid the international passenger AQI user fee for that flight or cruise.

*   *   *   *   *

(h) Fee for conducting and monitoring treatments. (1) Each importer of a consignment of articles that require treatment upon arrival from a place outside of the customs territory of the United States, either as a preassigned condition of entry or as a remedial measure ordered following the inspection of the consignment, must pay an AQI user fee. The AQI user fee is charged on a per-treatment basis, i.e., if two or more consignments are treated together, only a single fee will be charged, and if a single consignment is split or must be retreated, a fee will be charged for each separate treatment conducted. The AQI user fee for each treatment is shown in the following table:

 
------------------------------------------------------------------------
                        Effective dates                          Amount
------------------------------------------------------------------------
Beginning December 28, 2015...................................       $47
Beginning December 28, 2016...................................        95
Beginning December 28, 2017...................................       142
Beginning December 28, 2018...................................       190
Beginning December 28, 2019...................................       237
------------------------------------------------------------------------

(2) Treatment provider. (i) Private entities that provide AQI treatment services to importers are responsible for collecting the AQI treatment user fee from the importer for whom the service is provided. Treatment providers must collect the AQI treatment fee applicable at the time the treatment is applied.

(ii) When AQI treatment services are provided by APHIS, APHIS will collect the AQI treatment fee applicable at the time the treatment is applied from the person receiving the services. Remittances must be made by check or money order, payable in United States dollars, through a United States bank, to “The Animal and Plant Health Inspection Service.”

(3) Collection of fees. (i) In cases where APHIS is not providing the AQI treatment and collecting the associated fee, AQI user fees collected from importers pursuant to this paragraph shall be held in trust for the United States by the person collecting such fees, by any person holding such fees, or by the person who is ultimately responsible for remittance of such fees to APHIS. AQI user fees collected from importers shall be accounted for separately and shall be regarded as trust funds held by the person possessing such fees as agents, for the beneficial interest of the United States. All such user fees held by any person shall be property in which the person holds only a possessory interest and not an equitable interest. As compensation for collecting, handling, and remitting the AQI treatment user fees, the person holding such user fees shall be entitled to any interest or other investment return earned on the user fees between the time of collection and the time the user fees are due to be remitted to APHIS under this section. Nothing in this section shall affect APHIS' right to collect interest from the person holding such user fees for late remittance.

(4) Remittance and statement procedures. (i) The treatment provider that collects the AQI treatment user fee must remit the fee to USDA, APHIS, AQI, PO Box 979044, St. Louis, MO 63197-9000.

(ii) AQI treatment user fees must be remitted to [address to be added in final rule] for receipt no later than 31 days after the close of the calendar quarter in which the AQI user fees were collected. Late payments will be subject to interest, penalty, and handling charges as provided in the Debt Collection Act of 1982, as amended by the Debt Collection Improvement Act of 1996 (31 U.S.C. 3717).

(iii) The remitter must mail with the remittance a written statement to USDA, APHIS, AQI, PO Box 979044, St. Louis, MO 63197-9000. The statement must include the following information:

(A) Name and address of the person remitting payment;

(B) Taxpayer identification number of the person remitting payment;

(C) Calendar quarter covered by the payment; and

(D) Amount collected and remitted.

(iv) Remittances must be made by check or money order, payable in United States dollars, through a United States bank, to “The Animal and Plant Health Inspection Service.”

*   *   *   *   *

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