COBRA Fees To Be Adjusted for Inflation in Fiscal Year 2018 CBP Dec. 17-17, 50659-50660 [2017-23876]

Download as PDF Federal Register / Vol. 82, No. 210 / Wednesday, November 1, 2017 / Notices Drawback and Duty Deferral Entry and Entry Summary Filings: 82 FR 26698 (June 8, 2017). • Effective Date for Modifications of the National Customs Automation Program Tests Regarding Reconciliation, Post-Summary Corrections, and Periodic Monthly Statements: 82 FR 26699 (June 8, 2017). • Delayed Effective Date for Modifications of the National Customs Automation Program Tests Regarding Reconciliation, Post-Summary Corrections, and Periodic Monthly Statements: 82 FR 29910 (June 30, 2017). • Delay of Effective Date for the Automated Commercial Environment (ACE) Becoming the Sole CBPAuthorized Electronic Data Interchange (EDI) System for Processing Electronic Drawback and Duty Deferral Entry and Entry Summary Filings: 82 FR 29910 (June 30, 2017). • Extension and Clarification of Test Program Regarding Electronic Foreign Trade Zone Admission Applications and Transition of Test from the Automated Commercial System to the Automated Commercial Environment: 82 FR 38923 (August 16, 2017). • Automated Commercial Environment (ACE) Becoming the Sole CBP-Authorized Electronic Data Interchange (EDI) System for Processing Duty Deferral Entry and Entry Summary Filings: 82 FR 38924 (August 16, 2017). • Delay of Transition of Test Program Regarding Electronic Foreign Trade Zone Admission Applications from the Automated Commercial System to the Automated Commercial Environment: 82 FR 43395 (September 15, 2017). Dated: October 26, 2017. Brenda B. Smith, Executive Assistant Commissioner, Office of Trade. [FR Doc. 2017–23747 Filed 10–31–17; 8:45 am] BILLING CODE 9111–14–P DEPARTMENT OF HOMELAND SECURITY U.S. Customs and Border Protection COBRA Fees To Be Adjusted for Inflation in Fiscal Year 2018 CBP Dec. 17–17 U.S. Customs and Border Protection, Department of Homeland Security. ACTION: General notice. sradovich on DSK3GMQ082PROD with NOTICES AGENCY: VerDate Sep<11>2014 18:16 Oct 31, 2017 Jkt 244001 Background On December 4, 2015, the Fixing America’s Surface Transportation Act (FAST Act, Pub. L. 114–94) was signed into law. Section 32201 of the FAST Act amended section 13031 of the Consolidated Omnibus Budget Reconciliation Act (COBRA) of 1985 (19 U.S.C. 58c) by requiring certain customs COBRA user fees and corresponding limitations to be adjusted by the Secretary of the Treasury (Secretary) to reflect certain increases in inflation. In a final rule, CBP Dec. 17–16, published elsewhere in this issue of the Federal Register, CBP amended §§ 24.22 and 24.23 of title 19 of the Code of Federal Regulations (19 CFR 24.22 and 24.23) to implement the requirements of the FAST Act. Specifically, CBP created a new paragraph (k) in section 24.22 (19 CFR 24.22(k)) that sets forth the methodology to determine the change in inflation as well as the factor by which the fees and limitations will be adjusted, if necessary. The fees and limitations subject to adjustment, which are set forth in Appendix A and Appendix B of part 24, include the commercial vessel arrival fees, commercial truck arrival fees, railroad car arrival fees, private vessel arrival fees, private aircraft arrival fees, commercial aircraft and vessel passenger arrival fees, dutiable mail fees, customs broker permit user fees, barges and other bulk carriers arrival fees, and merchandise processing fees as well as the corresponding limitations. Determination of Whether an Adjustment Is Necessary for Fiscal Year 2018 This document announces that U.S. Customs and Border Protection (CBP) is adjusting certain customs user fees and limitations established by the SUMMARY: Consolidated Omnibus Budget Reconciliation Act (COBRA) for Fiscal Year 2018 in accordance with the Fixing America’s Surface Transportation Act (FAST Act) as implemented by CBP regulations published elsewhere in this issue of the Federal Register. DATES: The adjusted amounts of customs COBRA user fees and their corresponding limitations set forth in this notice for Fiscal Year 2018 are required as of January 1, 2018. FOR FURTHER INFORMATION CONTACT: Bruce Ingalls, Director—Revenue Division, 317–298–1107, bruce.ingalls@ cbp.dhs.gov; or Tina Ghiladi, Director— Fee Strategy, Communications, and Integration, 202–344–3722, tina.ghiladi@cbp.dhs.gov. SUPPLEMENTARY INFORMATION: In accordance with the amended regulations in 19 CFR 24.22, CBP determines whether the fees and limitations must be adjusted to reflect PO 00000 Frm 00052 Fmt 4703 Sfmt 4703 50659 inflation. For fiscal year 2018, this is done by comparing the average of the Consumer Price Index—All Urban Consumers, U.S. All items, 1982–84 (CPI–U) for the current year (June 2016– May 2017) with the average of the CPI– U for Fiscal Year 2014 to determine the change in inflation, if any. If there is an increase in the CPI of greater than one (1) percent, CBP must adjust the customs COBRA user fees and corresponding limitations using the methodology set forth in 19 CFR 24.22(k). Following the steps provided in paragraph (k)(2) of § 24.22, CBP has determined that the increase in the CPI between the most recent June to May 12month period (June 2016–May 2017) and Fiscal Year 2014 is 2.542 percent. (19 CFR 24.22(k)). As the increase in the CPI is greater than one (1) percent, the customs COBRA user fees and corresponding limitations must be adjusted for Fiscal Year 2018. Determination of the Adjusted Fees and Limitations Using the methodology set forth in § 24.22(k)(2) of the CBP regulations (19 CFR 24.22(k)), CBP has determined that the factor by which the fees and limitations will be adjusted is 2.677 percent. In reaching this determination, CBP calculated the values for each variable found in 19 CFR 24.22(k) as follows: • The arithmetic average of the CPI– U for June 2016–May 2017, referred to as (A) in the CBP regulations, is 242.328 1 • The arithmetic average of the CPI– U for Fiscal Year 2014, referred to as (B), is 236.009; • The arithmetic average of the CPI– U for the comparison year, referred to as (C), is 236.009; • The difference between the arithmetic averages of the CPI–U of the comparison year (Fiscal Year 2014) and the current year (June 2016–May 2017), referred to as (D), is 6.320; • This difference rounded to the nearest whole number, referred to as (E), is 6; • The percentage change in the arithmetic averages of the CPI–U of the comparison year (Fiscal Year 2014) and the current year (June 2016–May 2017), referred to as (F), is 2.542 percent; • The difference in the arithmetic average of the CPI–U between the current year (June 2016–May 2017) and the base year (Fiscal Year 2014), referred to as (G), is 6.320; and 1 The figures provided in this notice may be rounded for publication purposes only. The calculations for the adjusted fees and limitations were made using unrounded figures, unless otherwise noted. E:\FR\FM\01NON1.SGM 01NON1 50660 Federal Register / Vol. 82, No. 210 / Wednesday, November 1, 2017 / Notices • Lastly, the percentage change in the CPI–U from the base year (Fiscal Year 2014) to the current year (June 2016– May 2017), referred to as (H), is 2.677 percent. Announcement of New Fees and Limitations The adjusted amounts of customs COBRA user fees and their corresponding limitations for Fiscal Year 2018 as adjusted by 2.677 percent set forth below are required as of January 1, 2018. Table 1 provides the fees and limitations found in 19 CFR 24.22 as adjusted for Fiscal Year 2018 and Table 2 provides the fees and limitations found in 19 CFR 24.23 as adjusted for Fiscal Year 2018. TABLE 1—CUSTOMS COBRA USER FEES AND LIMITATIONS FOUND IN 19 CFR 24.22 AS ADJUSTED FOR FISCAL YEAR 2018 19 U.S.C. 58c 19 CFR 24.22 Customs COBRA user fee/limitation (a)(1) ...................................... (b)(5)(A) ................................. (b)(1)(i) ................................... (b)(1)(ii) .................................. (a)(8) ...................................... (b)(6) ...................................... (b)(2)(i) ................................... (b)(2)(ii) .................................. (a)(2) ...................................... (b)(2) ...................................... (c)(1) ...................................... (c)(2) and (3) ......................... (a)(3) ...................................... (b)(3) ...................................... (a)(4) ...................................... (d)(1) ...................................... (d)(2) and (3) ......................... (e)(1) and (2) ......................... (a)(6) ...................................... (a)(5)(A) ................................. (f) ........................................... (g)(1)(i) ................................... (a)(5)(B) ................................. (g)(1)(ii) .................................. (a)(7) ...................................... (h) .......................................... Fee: Commercial Vessel Arrival Fee .................................... Limitation: Calendar Year Maximum for Commercial Vessel Arrival Fees. Fee: Barges and Other Bulk Carriers Arrival Fee ................. Limitation: Calendar Year Maximum for Barges and Other Bulk Carriers Arrival Fees. Fee: Commercial Truck Arrival Fee ...................................... Limitation: Commercial Truck Calendar Year Prepayment Fee. Fee: Railroad Car Arrival Fee ............................................... Limitation: Railroad Car Calendar Year Prepayment Fee .... Fee and Limitation: Private Vessel or Private Aircraft First Arrival/Calendar Year Prepayment Fee. Fee: Dutiable Mail Fee .......................................................... Fee: Commercial Vessel or Commercial Aircraft Passenger Arrival Fee. Fee: Commercial Vessel Passenger Arrival Fee (from one of the territories and possessions of the United States). Fee: Customs Broker Permit User Fee ................................. New fee/limitation adjusted in accordance with the FAST Act $448.70 6,114.46 112.95 1,540.17 5.65 102.68 8.47 102.68 28.24 5.65 5.65 1.98 141.70 TABLE 2—CUSTOMS COBRA USER FEES AND LIMITATIONS FOUND IN 19 CFR 24.23 AS ADJUSTED FOR FISCAL YEAR 2018 19 CFR 24.23 Customs COBRA user fee/limitation (b)(9)(A)(ii) ............................. (b)(1)(i)(A) .............................. (b)(9)(B)(i) .............................. (b)(1)(i)(B)(2) ......................... (b)(9)(B)(i) .............................. (b)(1)(i)(B)(2) ......................... (a)(9)(B)(i); (b)(8)(A)(i) ........... (a)(9)(B)(i); (b)(8)(A)(i) ........... (b)(8)(A)(ii) ............................. (a)(10)(C)(i) ............................ (b)(1)(i)(B)(1) ......................... (b)(1)(i)(B)(1) ......................... (b)(1)(ii) .................................. (b)(2)(i) ................................... (a)(10)(C)(ii) ........................... (b)(2)(ii) .................................. (a)(10)(C)(iii) .......................... (b)(2)(iii) ................................. (b)(9)(A)(ii) ............................. sradovich on DSK3GMQ082PROD with NOTICES 19 U.S.C. 58c (b)(4) ...................................... Fee: Express Consignment Carrier/Centralized Hub Facility Fee, Per Individual Waybill/Bill of Lading Fee. Limitation: Minimum Express Consignment Carrier/Centralized Hub Facility Fee. Limitation: Maximum Express Consignment Carrier/Centralized Hub Facility Fee. Limitation: Minimum Merchandise Processing Fee .............. Limitation: Maximum Merchandise Processing Fee ............. Fee: Surcharge for Manual Entry or Release ....................... Fee: Informal Entry or Release; Automated and Not Prepared by CBP Personnel. Fee: Informal Entry or Release; Manual and Not Prepared by CBP Personnel. Fee: Informal Entry or Release; Automated or Manual; Prepared by CBP Personnel. Fee: Express Consignment Carrier/Centralized Hub Facility Fee, Per Individual Waybill/Bill of Lading Fee. Tables 1 and 2 setting forth the adjusted fees and limitations for Fiscal Year 2018 will also be maintained for the public’s convenience on the CBP Web site at www.cbp.gov. New fee/limitation adjusted in accordance with the FAST Act $1.03 0.36 1.03 25.67 497.99 3.08 2.05 Dated: October 30, 2017. Kevin K. McAleenan, Acting Commissioner, U.S. Customs and Border Protection. [FR Doc. 2017–23876 Filed 10–31–17; 8:45 am] BILLING CODE 9111–14–P VerDate Sep<11>2014 18:16 Oct 31, 2017 Jkt 244001 PO 00000 Frm 00053 Fmt 4703 Sfmt 9990 E:\FR\FM\01NON1.SGM 01NON1 6.16 9.24 1.03

Agencies

[Federal Register Volume 82, Number 210 (Wednesday, November 1, 2017)]
[Notices]
[Pages 50659-50660]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-23876]


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DEPARTMENT OF HOMELAND SECURITY

U.S. Customs and Border Protection


COBRA Fees To Be Adjusted for Inflation in Fiscal Year 2018 CBP 
Dec. 17-17

AGENCY: U.S. Customs and Border Protection, Department of Homeland 
Security.

ACTION: General notice.

-----------------------------------------------------------------------

SUMMARY: This document announces that U.S. Customs and Border 
Protection (CBP) is adjusting certain customs user fees and limitations 
established by the Consolidated Omnibus Budget Reconciliation Act 
(COBRA) for Fiscal Year 2018 in accordance with the Fixing America's 
Surface Transportation Act (FAST Act) as implemented by CBP regulations 
published elsewhere in this issue of the Federal Register.

DATES: The adjusted amounts of customs COBRA user fees and their 
corresponding limitations set forth in this notice for Fiscal Year 2018 
are required as of January 1, 2018.

FOR FURTHER INFORMATION CONTACT: Bruce Ingalls, Director--Revenue 
Division, 317-298-1107, [email protected]; or Tina Ghiladi, 
Director--Fee Strategy, Communications, and Integration, 202-344-3722, 
[email protected].

SUPPLEMENTARY INFORMATION:

Background

    On December 4, 2015, the Fixing America's Surface Transportation 
Act (FAST Act, Pub. L. 114-94) was signed into law. Section 32201 of 
the FAST Act amended section 13031 of the Consolidated Omnibus Budget 
Reconciliation Act (COBRA) of 1985 (19 U.S.C. 58c) by requiring certain 
customs COBRA user fees and corresponding limitations to be adjusted by 
the Secretary of the Treasury (Secretary) to reflect certain increases 
in inflation.
    In a final rule, CBP Dec. 17-16, published elsewhere in this issue 
of the Federal Register, CBP amended Sec. Sec.  24.22 and 24.23 of 
title 19 of the Code of Federal Regulations (19 CFR 24.22 and 24.23) to 
implement the requirements of the FAST Act. Specifically, CBP created a 
new paragraph (k) in section 24.22 (19 CFR 24.22(k)) that sets forth 
the methodology to determine the change in inflation as well as the 
factor by which the fees and limitations will be adjusted, if 
necessary. The fees and limitations subject to adjustment, which are 
set forth in Appendix A and Appendix B of part 24, include the 
commercial vessel arrival fees, commercial truck arrival fees, railroad 
car arrival fees, private vessel arrival fees, private aircraft arrival 
fees, commercial aircraft and vessel passenger arrival fees, dutiable 
mail fees, customs broker permit user fees, barges and other bulk 
carriers arrival fees, and merchandise processing fees as well as the 
corresponding limitations.

Determination of Whether an Adjustment Is Necessary for Fiscal Year 
2018

    In accordance with the amended regulations in 19 CFR 24.22, CBP 
determines whether the fees and limitations must be adjusted to reflect 
inflation. For fiscal year 2018, this is done by comparing the average 
of the Consumer Price Index--All Urban Consumers, U.S. All items, 1982-
84 (CPI-U) for the current year (June 2016-May 2017) with the average 
of the CPI-U for Fiscal Year 2014 to determine the change in inflation, 
if any. If there is an increase in the CPI of greater than one (1) 
percent, CBP must adjust the customs COBRA user fees and corresponding 
limitations using the methodology set forth in 19 CFR 24.22(k). 
Following the steps provided in paragraph (k)(2) of Sec.  24.22, CBP 
has determined that the increase in the CPI between the most recent 
June to May 12-month period (June 2016-May 2017) and Fiscal Year 2014 
is 2.542 percent. (19 CFR 24.22(k)). As the increase in the CPI is 
greater than one (1) percent, the customs COBRA user fees and 
corresponding limitations must be adjusted for Fiscal Year 2018.

Determination of the Adjusted Fees and Limitations

    Using the methodology set forth in Sec.  24.22(k)(2) of the CBP 
regulations (19 CFR 24.22(k)), CBP has determined that the factor by 
which the fees and limitations will be adjusted is 2.677 percent. In 
reaching this determination, CBP calculated the values for each 
variable found in 19 CFR 24.22(k) as follows:
     The arithmetic average of the CPI-U for June 2016-May 
2017, referred to as (A) in the CBP regulations, is 242.328 \1\
---------------------------------------------------------------------------

    \1\ The figures provided in this notice may be rounded for 
publication purposes only. The calculations for the adjusted fees 
and limitations were made using unrounded figures, unless otherwise 
noted.
---------------------------------------------------------------------------

     The arithmetic average of the CPI-U for Fiscal Year 2014, 
referred to as (B), is 236.009;
     The arithmetic average of the CPI-U for the comparison 
year, referred to as (C), is 236.009;
     The difference between the arithmetic averages of the CPI-
U of the comparison year (Fiscal Year 2014) and the current year (June 
2016-May 2017), referred to as (D), is 6.320;
     This difference rounded to the nearest whole number, 
referred to as (E), is 6;
     The percentage change in the arithmetic averages of the 
CPI-U of the comparison year (Fiscal Year 2014) and the current year 
(June 2016-May 2017), referred to as (F), is 2.542 percent;
     The difference in the arithmetic average of the CPI-U 
between the current year (June 2016-May 2017) and the base year (Fiscal 
Year 2014), referred to as (G), is 6.320; and

[[Page 50660]]

     Lastly, the percentage change in the CPI-U from the base 
year (Fiscal Year 2014) to the current year (June 2016-May 2017), 
referred to as (H), is 2.677 percent.

Announcement of New Fees and Limitations

    The adjusted amounts of customs COBRA user fees and their 
corresponding limitations for Fiscal Year 2018 as adjusted by 2.677 
percent set forth below are required as of January 1, 2018. Table 1 
provides the fees and limitations found in 19 CFR 24.22 as adjusted for 
Fiscal Year 2018 and Table 2 provides the fees and limitations found in 
19 CFR 24.23 as adjusted for Fiscal Year 2018.

     Table 1--Customs COBRA User Fees and Limitations Found in 19 CFR 24.22 as Adjusted for Fiscal Year 2018
----------------------------------------------------------------------------------------------------------------
                                                                                                    New fee/
                                                                                                   limitation
            19 U.S.C. 58c                    19 CFR 24.22           Customs COBRA user fee/       adjusted in
                                                                          limitation            accordance with
                                                                                                  the FAST Act
----------------------------------------------------------------------------------------------------------------
(a)(1)...............................  (b)(1)(i)...............  Fee: Commercial Vessel                  $448.70
                                                                  Arrival Fee.
(b)(5)(A)............................  (b)(1)(ii)..............  Limitation: Calendar Year              6,114.46
                                                                  Maximum for Commercial
                                                                  Vessel Arrival Fees.
(a)(8)...............................  (b)(2)(i)...............  Fee: Barges and Other Bulk               112.95
                                                                  Carriers Arrival Fee.
(b)(6)...............................  (b)(2)(ii)..............  Limitation: Calendar Year              1,540.17
                                                                  Maximum for Barges and
                                                                  Other Bulk Carriers Arrival
                                                                  Fees.
(a)(2)...............................  (c)(1)..................  Fee: Commercial Truck                      5.65
                                                                  Arrival Fee.
(b)(2)...............................  (c)(2) and (3)..........  Limitation: Commercial Truck             102.68
                                                                  Calendar Year Prepayment
                                                                  Fee.
(a)(3)...............................  (d)(1)..................  Fee: Railroad Car Arrival                  8.47
                                                                  Fee.
(b)(3)...............................  (d)(2) and (3)..........  Limitation: Railroad Car                 102.68
                                                                  Calendar Year Prepayment
                                                                  Fee.
(a)(4)...............................  (e)(1) and (2)..........  Fee and Limitation: Private               28.24
                                                                  Vessel or Private Aircraft
                                                                  First Arrival/Calendar Year
                                                                  Prepayment Fee.
(a)(6)...............................  (f).....................  Fee: Dutiable Mail Fee......               5.65
(a)(5)(A)............................  (g)(1)(i)...............  Fee: Commercial Vessel or                  5.65
                                                                  Commercial Aircraft
                                                                  Passenger Arrival Fee.
(a)(5)(B)............................  (g)(1)(ii)..............  Fee: Commercial Vessel                     1.98
                                                                  Passenger Arrival Fee (from
                                                                  one of the territories and
                                                                  possessions of the United
                                                                  States).
(a)(7)...............................  (h).....................  Fee: Customs Broker Permit               141.70
                                                                  User Fee.
----------------------------------------------------------------------------------------------------------------


     Table 2--Customs COBRA User Fees and Limitations Found in 19 CFR 24.23 as Adjusted for Fiscal Year 2018
----------------------------------------------------------------------------------------------------------------
                                                                                                    New fee/
                                                                                                   limitation
            19 U.S.C. 58c                    19 CFR 24.23           Customs COBRA user fee/       adjusted in
                                                                          limitation            accordance with
                                                                                                  the FAST Act
----------------------------------------------------------------------------------------------------------------
(b)(9)(A)(ii)........................  (b)(1)(i)(A)............  Fee: Express Consignment                  $1.03
                                                                  Carrier/Centralized Hub
                                                                  Facility Fee, Per
                                                                  Individual Waybill/Bill of
                                                                  Lading Fee.
(b)(9)(B)(i).........................  (b)(1)(i)(B)(2).........  Limitation: Minimum Express                0.36
                                                                  Consignment Carrier/
                                                                  Centralized Hub Facility
                                                                  Fee.
(b)(9)(B)(i).........................  (b)(1)(i)(B)(2).........  Limitation: Maximum Express                1.03
                                                                  Consignment Carrier/
                                                                  Centralized Hub Facility
                                                                  Fee.
(a)(9)(B)(i); (b)(8)(A)(i)...........  (b)(1)(i)(B)(1).........  Limitation: Minimum                       25.67
                                                                  Merchandise Processing Fee.
(a)(9)(B)(i); (b)(8)(A)(i)...........  (b)(1)(i)(B)(1).........  Limitation: Maximum                      497.99
                                                                  Merchandise Processing Fee.
(b)(8)(A)(ii)........................  (b)(1)(ii)..............  Fee: Surcharge for Manual                  3.08
                                                                  Entry or Release.
(a)(10)(C)(i)........................  (b)(2)(i)...............  Fee: Informal Entry or                     2.05
                                                                  Release; Automated and Not
                                                                  Prepared by CBP Personnel.
(a)(10)(C)(ii).......................  (b)(2)(ii)..............  Fee: Informal Entry or                     6.16
                                                                  Release; Manual and Not
                                                                  Prepared by CBP Personnel.
(a)(10)(C)(iii)......................  (b)(2)(iii).............  Fee: Informal Entry or                     9.24
                                                                  Release; Automated or
                                                                  Manual; Prepared by CBP
                                                                  Personnel.
(b)(9)(A)(ii)........................  (b)(4)..................  Fee: Express Consignment                   1.03
                                                                  Carrier/Centralized Hub
                                                                  Facility Fee, Per
                                                                  Individual Waybill/Bill of
                                                                  Lading Fee.
----------------------------------------------------------------------------------------------------------------

    Tables 1 and 2 setting forth the adjusted fees and limitations for 
Fiscal Year 2018 will also be maintained for the public's convenience 
on the CBP Web site at www.cbp.gov.

    Dated: October 30, 2017.
Kevin K. McAleenan,
Acting Commissioner, U.S. Customs and Border Protection.
[FR Doc. 2017-23876 Filed 10-31-17; 8:45 am]
 BILLING CODE 9111-14-P