us-cbp-cross-rulings-hq-544215•HQ 544215: Dutiability of $5 Customs fee for the processing of commercial trucks arriving in the U.S.
HQ 544215: Dutiability of $5 Customs fee for the processing of commercial trucks arriving in the U.S.
us-cbp-cross-rulings-hq-544215HQ 544215: Dutiability of $5 Customs fee for the processing of commercial trucks arriving in the U.S.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 544215
August 11, 1988
CLA-2 CO:R:C:V 544215 CW
CATEGORY: Valuation
Mr. William C. Cain
Cain Customs Brokers, Inc.
Progreso International Bridge
P.O. Box 10
Progreso, Texas 78579
RE: Dutiability of $5 Customs fee for the processing of
commercial trucks arriving in the U.S.
Dear Mr. Cain:
This is in response to your letter of June 30, 1988, in
which you request a ruling concerning the dutiability of the $5
fee payable to the Customs Service for services provided in
connection with the arrival of a commercial truck.
FACTS:
You state that you represent several growers of fresh okra
in Mexico who have entered into contracts with U.S. freezing
plants for the purchase of okra on a fixed price per pound basis.
The contracts provide that for the growers to receive the
purchase price, they must deliver the okra to the purchasers'
facilities in the U.S. You advise that in delivering the okra to
the U.S. purchasers, the growers are required to pay the $5
Customs processing fee upon the arrival of each truck at the U.S.
port of entry. Under these circumstances, you maintain that the
$5 fee should be deductible from the purchase price as a non-
dutiable charge in determining the appraised value of the
imported okra.
ISSUE:
Whether the $5 Customs fee collected upon arrival of a
commercial truck containing fresh okra from Mexico is included in
the appraised value of the imported okra where the terms of sale
are CIF U.S. purchaser's plant.
- 2 -
LAW AND ANALYSIS:
Section 13031 of the Consolidated Omnibus Budget
Reconciliation Act of 1985 (Pub. L. 99-272) establishes a
schedule of fees chargeable to users of various services provided
by the Customs Service in connection with the processing of
persons, aircraft, vehicles, vessels, and merchandise arriving in
the U.S. Section 13031(a)(2) of Pub L. 99-272 specifically
authorizes Customs to collect $5 upon the arrival of a commercial
truck at a U.S. port of entry. Section 24.22(c)(2), Customs
Regulations (19 CFR 24.22(c)(2)), states that the $5 fee shall be
collected from the driver or other person in charge of the
commercial truck.
We are assuming for purposes of this ruling that the
imported okra will be appraised on the basis of transaction
value, the primary basis of appraisement under the valuation
statute, section 402 of the Tariff Act of 1930, as amended by the
Trade Agreements Act of 1979 (TAA). Transaction value is defined
in section 402(b) of the TAA as "the price actually paid or
payable for the merchandise when sold for exportation to the
United States, plus amounts" for certain specified items if they
are not already included in that price. The words "price
actually paid or payable" are defined in section 402(b)(4)(A) of
the TAA as:
...the total payment (whether direct or indirect,
and exclusive of any costs, charges, or expenses
incurred for transportation, insurance, and
related services incident to the international
shipment of the merchandise from the country of
exportation to the place of importation in the
United States) made, or to be made, for imported
merchandise by the buyer to, or for the benefit
of, the seller.
In a ruling dated November 10, 1986 (543842), this office
addressed the issue of the dutiability of the merchandise
processing user fee, which is an ad valorem fee established by
the Omnibus Budget Reconciliation Act of 1986 (Pub. L. 99-509).
We concluded that where the overall transaction price between the
buyer and foreign seller for imported merchandise includes the
user fee, the fee would not be considered to be part of "the
price actually paid or payable for the merchandise." Therefore,
we held that, under these circumstances, the fee would not be
dutiable as part of transaction value.
Similarly, we believe that in a situation in which the
overall purchase price for imported merchandise includes the $5
Customs fee payable upon the arrival of a commercial truck (e.g.,
- 3 -
a CIF U.S. delivered price), the fee would not form part of the
"price actually paid or payable," as those words are defined in
section 402(b)(4)(A) of the TAA.
HOLDING:
Under circumstances in which the terms of sale between a
Mexican grower and a U.S. purchaser for imported okra require
that the grower incur all costs necessary to deliver the produce
to the U.S. purchaser's plant (a CIF U.S. delivered price), then
the $5 commercial truck processing fee paid by the grower in
connection with the imported okra would not be dutiable as part
of transaction value.
Sincerely,
John Durant
Director, Commercial
Rulings Division
Continua la tua ricerca in ChatGPT o Claude
Collega Omnilex per cercare nel corpus legale dal tuo assistente IA.