46-U.S.C.-504

§504 – Remission of Fees and Penalties

Pathway

Title 46 > Subtitle I > Chapter 5 > Section 504

Details

• Reference: Section 504
• Legend: §504 – Remission of Fees and Penalties
• USCode Year: 2013

Provision Content

Any part of a fee, tax, or penalty paid or a forfeiture incurred under a law or regulation relating to vessels or seamen may be remitted if—

(1) application for the remission is made within one year after the date of the payment or forfeiture; and

(2) it is found that the fee, tax, penalty, or forfeiture was improperly or excessively imposed.

(Pub. L. 109–304, §4, Oct. 6, 2006, 120 Stat. 1491.)

This section replaces 46 U.S.C. 2108, which was enacted as part of the codification of subtitle II of title 46 in 1983. That provision was based on section 26 of the Act of June 26, 1884, ch. 121, 23 Stat. 59, which prior to the subtitle II codification appeared at 46 U.S.C. 8 (1982 ed.). In the enactment of 46 U.S.C. 2108, the scope of the 1884 provision was narrowed, presumably inadvertently. This section restores the remissions authority to its prior scope. Note that 19 C.F.R. §4.24 (2003) still refers to the authority to make refunds in accordance with section 26 of the Act of June 26, 1884 (46 U.S.C. 8) as if that provision had not been replaced by 46 U.S.C. 2108 in 1983.

U.S. Encyclopedia of Law Coverage

46-U.S.C.-109 in the Legal Encyclopedia: Shipping

In this entry about 46-U.S.C.-109, find legal reference material, bibliographies and premiere content related to shipping in the American Encyclopedia of Law, presenting a comprehensive view of the United States shipping-specific issues, written by authorities in the field.

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