us-cbp-cross-rulings-hq-544303•HQ 544303: Calculation of user fees for petroleum products.
HQ 544303: Calculation of user fees for petroleum products.
us-cbp-cross-rulings-hq-544303HQ 544303: Calculation of user fees for petroleum products.Guidance
Native CBP ruling rendition. Applicability is fact-specific; modification/revocation relationships and original publisher date are retained. Publisher sentinel year0001 means unknown date, not a historical legal adoption.
HQ 544303
March 27, 1989
CLA-2 CO:R:C:V 544303
CATEGORY: Other
Mr. T. N. Pockman
Manager, Regulatory
and Administrative Compliance
Mobil Oil Corporation
3225 Gallows Road
FairFax, Virginia 22037-0001
RE: Calculation of user fees for petroleum products.
Dear Mr. Pockman:
Your letters dated April 13, 1988, and January 16, 1989,
have been forwarded to this office for response. Please accept
our apologies for the delay in responding to your inquiry.
FACTS:
You state that you have received invoices for petroleum
products from the Philadelphia District for increases in the
harbor maintenance tax and the merchandise processing fee which
have been recomputed on the total dollar amount of your foreign
purchase invoice. You contend that this final commercial invoice
should be used to establish a unit value for your purchase which
should then be applied to the actual gross receipt - the volume
of cargo on which duty is paid. You have stated that due to the
measurement inaccuracies at loading and various sources of
operational losses that occur in shipment and handling, the
volume actually received is typically a few tenths of a percent
less than the volume invoiced by your supplier.
ISSUE:
Whether section 158.7 of the Customs Regulations (19 CFR
158.7) should be taken into account in determining the
appropriate user fee promulgated in sections 24.13 and 24.14 of
the Customs Regulations (19 CFR 24.13 and 24.14).
LAW AND ANALYSIS:
Section 158.7 of the Customs Regulations (19 CFR 158.7)
provides:
- 2 -
"Merchandise subject to ad valorem, specific, or
compound rates of duty found at the time of importation
to be reduced or diminished by a natural force, such as
evaporation, or by leakage, shall be appraised in its
condition as imported, with an allowance made in the
value, weight, quantity, or measure to the extent of the
reduction or loss, except where forbidden by law or
regulation."
Consideration of this provision must take into account
section 24.23(a) of the Customs Regulations (19 CFR 24.23(a)).
Section 24.23 promulgates the user fee statute pursuant to
section 8101(a) of the Omnibus Budget Reconciliation Act of 1986
(19 U.S.C. 58) which provides that the user fee shall be based on
the value of the merchandise. Subsection (c) provides that the
fee shall be due and payable to Customs by the importer of record
of merchandise at the time of deposit of estimated duties.
Accordingly, under the procedure explained to you by the
national import specialist, Customs bases its appraised value on
the transaction value of the imported merchandise as declared by
the importer at the time of entry. It is this figure which
Customs uses for all purposes required by law including the
establishment of user fees. If this figure changes based on an
adjustment between the parties prior to importation then it
becomes incumbent upon the importer to amend his entry
declaration. Absent an amendment of the entry by the importer,
we have no authority under 19 CFR 158.7, or elsewhere to, change
the appraised value of the imported merchandise.
HOLDING:
The adjustment to the appraised value required by 19 CFR
158.7 must take into account the provisions of 19 CFR 24.23 and
24.24. Accordingly, unless the importer makes an adjustment
(amendment) to the value declaration on Customs Form 7501, both
user fees will be calculated on the basis of the values declared
to Customs.
Sincerely,
John A. Durant, Director
Commercial Rulings Division
cc: CLA- CO:R:C:V:TLL: MM:FNL 3-9-89
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