The fee as originally enacted was modified by the Customs and Trade Act of 1990 to make it consistent with U.S. obligations under GATT ( the General Agreement on Tariffs and Trade ) after a GATT panel had ruled that the original fee ( a straight ad valorem fee ) exceeded the cost of services rendered and was a tax on imports that discriminated against imports in favor of domestic production .
The fee that was originally enacted was modified by the Customs and Trade Act of 1943