Commercial Aircraft Fee
The AQI program inspects international commercial aircraft arriving in the customs territory of the United States.
APHIS regulation 7 CFR 354.3(a) defines commercial aircraft as: “Any aircraft used to transport persons or property for compensation or hire.” Commercial aircraft fee regulations are listed in 7 CFR 354.3(e).
How To Set Up a Payment Account
To set up a payment account with APHIS’ Financial Management Division (FMD), send a completed New Account Packet – Airlines (1.05 MB) to the location indicated on the worksheet.
Companies need a separate APHIS account for each user fee type, such as international air passenger, treatment monitoring, reimbursable overtime, and other types.
AQI User Fee Tax Implications
AQI User fees may fall primarily into two business deduction categories: cost of goods sold and operational expenses. While entities should consult a licensed, certified or otherwise credentialed tax professional on appropriate treatment, the AQI user fee program created the following informational guide to inform stakeholders: Agricultural Quarantine and Inspection User Fees - Effects on Taxable Corporate Income (227.04 KB)
Overpayment
If remitters overpay fees for any particular month, the remitter may apply the overpayment against the next remittance. Remitters must submit a revised written statement indicating the revised number of arrivals. The revised written statement must be completed and filed for each month during which the entity certifies that AQI user fees were overpaid. An Account Credit Request Worksheet (44.25 KB) is available to help with this process. Contact FMD concerning refund options if applying the overpayment against the next remittance is not practical.
Compliance
APHIS and CBP conduct periodic audits to determine compliance. As specified in 7 CFR 354.3(e)(4), each carrier must advise USDA, APHIS, FMD of the name, address, and telephone number of an agent or responsible person who is authorized to verify AQI user fee calculations, payments, and written statements as well as any changes in the identifying information submitted. The agent or responsible person for a payment remains the agent or responsible person until the carrier notifies APHIS of a transfer of responsibility.
Recordkeeping and Record Retention
AQI user fee records retention requirements are outlined in 7 CFR 354.3(j). Entities responsible for paying AQI user fees and their agents must maintain sufficient documentation for APHIS, CBP, and representatives to verify the accuracy of fee collections. This documentation must be maintained in the United States for a period of 5 years from the date of remittance calculation.
Reimbursable Overtime Services
Customers may request and receive AQI services associated with activities typically covered by an AQI user fee outside the normal tour of duty of the employee(s) providing the requested service. In such cases, overtime charges may be assessed as outlined in 7 CFR 354.1.
APHIS Reimbursable Overtime Services
Refer to the Reimbursable Overtime (ROT) Services section of the User Fees web page for additional information including how to pay the reimbursable overtime fee.
CBP Reimbursable Overtime Services
Any requests for agriculture reimbursable overtime will be made in accordance with CBP port policy. Please contact your local CBP Port of Entry.
Frequently Asked Questions
While the regulations do not prohibit more frequent payment, remitting payments monthly, as outlined in Table 1, minimizes administrative costs, stabilizes cash flows, and allows time to reconcile payments. We discourage payments any more frequently than monthly.
Table 2 indicates if the commercial aircraft fee applies in some frequently asked scenarios:
Table 2: Commercial Aircraft Fee Applicability in frequently asked scenarios.
Scenario | Origin | Destination | User Fee Status | Rationale |
---|---|---|---|---|
1 | Any of the 50 States, the District of Columbia, or Puerto Rico | Any of the 50 States, the District of Columbia, or Puerto Rico | No Fee | Origin and Destination are within the Customs Territory of the United States |
2 | Anywhere | U.S. Virgin Islands | No Fee | Destination not within the Customs Territory of the United States |
3 | U.S. Virgin Islands | Caribbean | No Fee | Destination not within the Customs Territory of the United States |
4 | U.S. Virgin Islands | Puerto Rico | No Fee | Regulations exempt aircraft moving from the U.S. Virgin Islands to Puerto Rico |
5 | U.S. Virgin Islands | Any of the 50 States or the District of Columbia | Fee | Origin outside the Customs Territory of the United States and destination within the Customs Territory of the United States |