20.1607 Wharfage charges.

Cite as [A.S.C.A. § 20.1607]

(a) The rates for wharfage shall apply per ton of 2,000 pounds weight or 40 cubic feet of measurement, except copra, for which the ton shall be 2,240 pounds and shall be calculated on the same basis (weight or measurement) as used by the owners of the vessel involved in determining freight charges.

(b) Wharfage charges shall be as follows:

(1) for each ton or fraction thereof of cargo loaded or unloaded: $2.00:

(2) for shipments under one ton, the wharfage charge in paragraph (1) is prorated with a minimum charge of $0.50:

(3) in addition to the above per ton charges, for each gallon of petroleum sold, removed or drawn out of the government’s petroleum storage facilities, $0.04 per gallon, $0.02 to be placed in an earmarked revenue fund solely for the preservation, protection and improvement of the petroleum storage facilities and related costs: $0.02 to be placed in an earmarked revenue fund solely for the purpose of purchasing drugs, medical supplies for patient care, and diagnostic medical equipment for the Lyndon Baines Johnson Tropical Medical Center. The Governor shall administer the collection and disbursements of these funds. This authority shall not be delegated:

(4) vessels unloading or loading into lighters not alongside the wharf will be charged one-half wharfage unless the lighter discharges or loads at a wharf where wharfage rates apply and in such case full wharfage will be charged on the cargo loaded or unloaded from or to the lighter pursuant to paragraph (1).

(c) Prior to the delivery of imported cargo, goods, or merchandise, or prior to their loading for export, the following charges shall be collected from the owner, or from the master, owner or agent of the carrier, in addition to any other charges that may be due:

(1) tonnage dues per shipping ton or fraction thereof of cargo consigned to or shipped from American Samoa, $1.00;

(2) tonnage dues per shipping ton or fraction thereof of cargo arriving in American Samoa for transshipment;

(A) per ton or fraction thereof in, $1.00;

(B) per ton or fraction thereof out, $1.00;

(3) provided, however, that tonnage dues on transshipment cargo stored in a government warehouse or other government areas in excess of 72 hours shall be;

(A) per ton or fraction thereof per day or fraction thereof for the first 2 weeks, $1.00;

(B) per ton or fraction thereof per day or fraction thereof in excess of two weeks, $2.00;

(4) goods stored in a government warehouse or other areas in excess of 72 hours, per ton or fraction thereof, per day, or fraction thereof, for the first 3 days, $2.00; after 3 days, the rate shall be $4.00;

(5) (A) containers stored in the port area or other government areas are subject to charges in addition to tonnage dues and other charges as follows:

(i) inbound containers: 120 hours after arrival, $0.50 per day; and $1.00 per day after 30 days.

(ii) outbound containers: immediately upon occupying respective areas, $0.50 per day and $1.00 per day after 30 days.

(B) containers stored by or primarily for the use of fish processing facilities are exempt from the charges provided by paragraph (5)(A) if these containers are used within 30 days after arrival or if these containers contain canned fish.

(d) Goods arriving in Pago Pago landing marked or specifically identified as for one of the villages in Manu’a shall be exempt from storage charges. The owner or agent for such goods shall arrange for the transshipment to Manu’a on the first available transportation.

(e) In the event the shipping companies resort to containerization of shipments to American Samoa and the space available in all government warehouses is substantially changed as a result of the use of containers, the Port Director is authorized to amend the storage charges contained in this section so as not to place an unreasonable burden on the government or the shippers until the next meeting of the Legislature.

(f) For the purpose of this section “ton” means 2,000 pounds weight or 40 cubic feet of measurement, except in the case of copra, where a ton means 2,240 pounds.

(g) The charges imposed by this section may be increased, decreased, or supplemented by order of the Governor.

(h) Except for revenues specifically earmarked for another purpose, one-half of all revenues received under this section shall be placed in an earmarked fund to be appropriated annually by the Legislature to provide funds, pursuant to 11.1906(i), for rental charges to pay the principal and interest on the bonds issued by the American Samoa economic development authority to finance the executive office building of the government during the term of the bonds. The appropriations shall be included in the annual appropriation act for each fiscal year, beginning with fiscal year 1989. This subsection is repealed on the date that all of the bonds issued to finance the executive office building or the government are fully paid, or provision is made for such payment pursuant to the trust indenture applicable to the bond issue.

History : 1962, PL 7-27; 1972, PL 12-49 §§ 9, 10; 1972, PL 12-56 § 1;amd 1979, PL 16-44 § 2;amd 1980, PL 16-84 § 1;amd 1987, PL 20-39 § 2; 1987, PL 20-43 § 2; 1989, PL 21-25; amd 1994, PL 23-14.

Amendments: 1979 Subsection (c)(5): added.

*1980 Added phrase beginning “if these containers." to subparagraph (c)(5)(B).

*1987 PL 20-39: changed fees and added subsection (h): PL 20-43: added subsection (a)(3) and, language to subsection (d): “or specifically identified as after landing marking”.