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B-196342 1 (1980-04-15)

handle is hein.gao/gaobadiej0001 and id is 1 raw text is: 4 FILE: MATTER DIGEST: B-196342 DATE: April 15, 1980 OF: (Customs Service Recovery-off-Preclearance (Including TECS) Cost Under UserjCharge Statute,) 31 U.S.C.5 483a Where Customs Service receives no advantage from conducting passenger preclearance activity on foreign soil vis a vis conducting passenger clearance activi- ties v7tihTnTEe United States and preclearance activity was initiated at airlines request, results in substantial, cost savings to airlines and permits airlines to better use their resources, record supports determination that airlines are primary beneficiaries of preclearance service. Therefore, under authority of 31 U.S.C.§ 483a, Customs may continue to assess user charge against airlines and recover that portion of its costs (including TECS) that are increased by its conducting passenger preclearance on foreign soil. As directed in the Conference Report (H.R. Rep. No. 96-471, p. 6) ac- companying the Treasury, Postal Service and General Government Appro- priation Act, 1980, Pub. L. No. 96-74, September 29, 1979, 93 Stat. 559 the -ssistant-Secretary (Enforcement and Operations), Department of the9 0 Treasy-'requested our views on a dispute between the -LSSCustomAegvice (Customs) and the airlines as to what portion, if any, of the cost of the s sern (TECS) should be included in fees assessed airlines using Customs preclearance services provided at some foreign airports. For the reasons explained below, we believe Customs is legally entitled to charge airlines wishing such services the indicated pre - clearance costs, including the special TECS installations costs. Background LL The U.S. Federal Inspection Service (FIS) conducts preclearance inspections of passengers, crew members and their baggage at certain foreign international airports prior to their boarding of a flight bound for the United States. Preclearance services are provided for both U.S. and foreign carriers. Generally the inspection is of regularly scheduled flights, but chartered commercial flights are also inspected whenever resources permit. A preclearance inspection is basically the same inspection an individual would experience if he arrived at a U.S. port [3 C S 93OF Ttj UNITED STATES WAASHINGTON. 0. C. 20546 I-r-jn r,/7e . O-fS('l'44 111-c~ewa 7-/e,4-1 410 01

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