Deposit of estimated duties and fees
Unless the entry is subject to a periodic payment referred to in this subsection or the merchandise is entered for warehouse or transportation, or under bond, the importer of record shall deposit with the Customs Service at the time of entry, or at such later time as the Secretary may prescribe by regulation (but not later than 12 working days after entry or release) the amount of duties and fees estimated to be payable on such merchandise. As soon as a periodic payment module of the Automated Commercial Environment is developed, but no later than , the Secretary shall promulgate regulations, after testing the module, permitting a participating importer of record to deposit estimated duties and fees for entries of merchandise, other than merchandise entered for warehouse, transportation, or under bond, no later than the 15 working days following the month in which the merchandise is entered or released, whichever comes first.
Collection or refund of duties, fees, and interest due upon liquidation or reliquidation
The Customs Service shall collect any increased or additional duties and fees due, together with interest thereon, or refund any excess moneys deposited, together with interest thereon, as determined on a liquidation or reliquidation. Duties, fees, and interest determined to be due upon liquidation or reliquidation are due 30 days after issuance of the bill for such payment. Refunds of excess moneys deposited, together with interest thereon, shall be paid within 30 days of liquidation or reliquidation.
Interest
section 1520(d) of this titleInterest assessed due to an underpayment of duties, fees, or interest shall accrue, at a rate determined by the Secretary, from the date the importer of record is required to deposit estimated duties, fees, and interest to the date of liquidation or reliquidation of the applicable entry or reconciliation. Interest on excess moneys deposited shall accrue, at a rate determined by the Secretary, from the date the importer of record deposits estimated duties, fees, and interest or, in a case in which a claim is made under , from the date on which such claim is made, to the date of liquidation or reliquidation of the applicable entry or reconciliation. The Secretary may prescribe an alternative mid-point interest accounting methodology, which may be employed by the importer, based upon aggregate data in lieu of accounting for such interest from each deposit data provided in this subsection.
Delinquency
If duties, fees, and interest determined to be due or refunded are not paid in full within the 30-day period specified in subsection (b), any unpaid balance shall be considered delinquent and bear interest by 30-day periods, at a rate determined by the Secretary, from the date of liquidation or reliquidation until the full balance is paid. No interest shall accrue during the 30-day period in which payment is actually made.
June 17, 1930, ch. 49746 Stat. 732Pub. L. 91–271, title II, § 204(c)84 Stat. 283Pub. L. 95–410, title I, § 10392 Stat. 889Pub. L. 97–446, title II, § 201(e)96 Stat. 2350Pub. L. 98–573, title II, § 210(a)98 Stat. 2977Pub. L. 103–182, title VI, § 642(a)107 Stat. 2205Pub. L. 104–295, § 2(a)110 Stat. 3515Pub. L. 106–36, title II, § 2418(e)113 Stat. 177Pub. L. 106–476, title I, § 1451114 Stat. 2167Pub. L. 107–210, div. A, title III, § 383116 Stat. 992Pub. L. 108–429, title II, § 2004(c)118 Stat. 2592(, title IV, § 505, ; , , ; , , ; , , ; , , ; , , ; , , ; , , ; , , ; , , ; , , .)
Editorial Notes
Prior Provisions
act Sept. 21, 1922, ch. 356, title IV, § 50442 Stat. 967Provisions similar to those in this section were contained in , . That section was superseded by section 505 of act , comprising this section, and repealed by section 651(a)(1) of the 1930 act.
act Oct. 3, 1913, ch. 1638 Stat. 186Act of June 10, 1890, ch. 407, § 1326 Stat. 136Act of Aug. 5, 1909, ch. 6, § 2836 Stat. 99A prior provision that the collector or person acting as such should ascertain, fix, and liquidate the rate and amount of duties, and the dutiable costs and charges, was contained in , § III, M, , the provisions of which were substituted for provisions of the same nature contained in the Customs Administrative , , as amended by the Payne-Aldrich Tariff , .
Amendments
Pub. L. 108–4292004—Subsec. (a). , in first sentence, inserted “referred to in this subsection” after “subject to a periodic payment” and substituted “12 working days” for “10 working days” and, in second sentence, substituted “the Secretary shall promulgate regulations, after testing the module, permitting a participating importer of record to deposit estimated duties and fees for entries of merchandise, other than merchandise entered for warehouse, transportation, or under bond, no later than the 15 working days following the month in which the merchandise is entered or released, whichever comes first” for “a participating importer of record, or the importer’s filer, may deposit estimated duties and fees for entries of merchandise no later than the 15th day of the month following the month in which the merchandise is entered or released, whichever comes first”.
Pub. L. 107–2102002—Subsec. (a). amended heading and text of subsec. (a) generally. Prior to amendment, text read as follows: “Unless merchandise is entered for warehouse or transportation, or under bond, the importer of record shall deposit with the Customs Service at the time of making entry, or at such later time as the Secretary may prescribe by regulation, the amount of duties and fees estimated to be payable thereon. Such regulations may provide that estimated duties and fees shall be deposited before or at the time an import activity summary statement is filed. If an import activity summary statement is filed, the estimated duties and fees shall be deposited together with interest, at a rate determined by the Secretary, accruing from the first date of the month the statement is required to be filed until the date such statement is actually filed.”
Pub. L. 106–4762000—Subsec. (c). substituted “The Secretary may prescribe” for “For the period beginning on , and ending on the date on which the ‘Revised National Customs Automation Test Regarding Reconciliation’ of the Customs Service is terminated, or , whichever occurs earlier, the Secretary may prescribe” in last sentence.
Pub. L. 106–361999—Subsec. (c). inserted at end “For the period beginning on , and ending on the date on which the ‘Revised National Customs Automation Test Regarding Reconciliation’ of the Customs Service is terminated, or , whichever occurs earlier, the Secretary may prescribe an alternative mid-point interest accounting methodology, which may be employed by the importer, based upon aggregate data in lieu of accounting for such interest from each deposit data provided in this subsection.”
Pub. L. 104–295section 1520(d) of this title1996—Subsec. (c). inserted “or, in a case in which a claim is made under , from the date on which such claim is made,” after “deposits estimated duties, fees, and interest”.
Pub. L. 103–1821993— amended section generally, substituting provisions relating to deposit, collection or refund of duties, fees, and interest for provisions relating to deposit, collection, or refund of duties and interest.
Pub. L. 98–5731984—Subsec. (c). added subsec. (c).
Pub. L. 97–4461983—Subsec. (a). substituted “importer of record” for “consignee” before “shall deposit”.
Pub. L. 95–4101978—Subsec. (a). authorized deposit of estimated duties to be made as prescribed by regulations after time of making entry but not later than thirty days after date of entry.
Pub. L. 91–2711970— reorganized existing provisions into subsecs. (a) and (b), and struck out provisions authorizing receipt by a collector of various reports and the performance of certain functions in connection with the liquidation of an entry.
Statutory Notes and Related Subsidiaries
Effective Date of 2002 Amendment
Pub. L. 107–210section 151 of Pub. L. 107–210section 2271 of this titleAmendment by applicable to petitions for certification filed under part 2 or 3 of subchapter II of chapter 12 of this title on or after the date that is 90 days after , except as otherwise provided, see , set out as a note preceding .
Effective Date of 2000 Amendment
Pub. L. 106–476section 1471 of Pub. L. 106–476section 58c of this titleAmendment by , except as otherwise provided, applicable with respect to goods entered, or withdrawn from warehouse, for consumption, on or after the 15th day after , see , set out as a note under .
Effective Date of 1999 Amendment
Pub. L. 106–36section 2418(f) of Pub. L. 106–36section 58c of this titleAmendment by effective 30 days after , see , set out as a note under .
Effective Date of 1996 Amendment
Pub. L. 104–295, § 2(b)110 Stat. 3515
Effective Date of 1984 Amendment
Pub. L. 98–573section 214(c)(5)(A) of Pub. L. 98–573section 1304 of this titleAmendment by effective on 30th day after , see , set out as a note under .
Effective Date of 1983 Amendment
Pub. L. 97–446section 201(g) of Pub. L. 97–446section 1484 of this titleAmendment by applicable with respect to merchandise entered on and after 30th day after , see , set out as a note under .
Effective Date of 1970 Amendment
Pub. L. 91–271section 203 of Pub. L. 91–271section 1500 of this titleFor effective date of amendment by , see , set out as a note under .
Transfer of Functions
section 542 of Title 6Pub. L. 107–296section 211 of Title 6Pub. L. 114–125section 802(b) of Pub. L. 114–125section 211 of Title 6For transfer of functions, personnel, assets, and liabilities of the United States Customs Service of the Department of the Treasury, including functions of the Secretary of the Treasury relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see sections 203(1), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of , as modified, set out as a note under . For establishment of U.S. Customs and Border Protection in the Department of Homeland Security, treated as if included in as of , see , as amended generally by , and , set out as a note under .