Supporting Statement

Supporting Statement

Lay Order Period - General Order Merchandise

1651-0079

A. Justification

1. The collection of information is required to ensure that the owner, master, pilot or operator or the agent thereof of the arriving carrier, or any subsequent in-bond carrier or party who accepts custody under a CBP-authorized permit to transfer, shall notify a bonded warehouse proprietor of the presence of merchandise that has remained at the place of arrival or unlading beyond the time period provided for by regulation without entry. This notice initiates the obligation of the bonded warehouse proprietor to arrange for transportation and storage of the merchandise at the risk and expense of the consignee. This collection is required by 19 U.S.C. 1490 and 19 C.F.R 4.37, 122.50, and 123.10.

2. The information is to be used by CBP officers to ensure that the unentered merchandise is properly transferred to a bonded warehouse under CBP Custody after it has remained at the place of arrival or unlading beyond the time period provided for by regulation without entry.

3. CBP plans to automate this collection of information by allowing for electronic submission via the Automated Commercial Environment (ACE). It is planned to be operational in ACE by 2012.

4. Since each notice is unique, this information is not duplicated elsewhere.

5. No additional consideration has been given to small businesses or entities.

6. Failure to collect this information would have the following consequences CBP would not be able to ensure compliance with the Congressional mandate for reporting unentered merchandise.

7. This information collection is conducted in a manner consistent with the guidelines in 5 CFR 1320.5(c)(2).

8. Public comments were solicited through two Federal Register notices published on March 4, 2008 (Volume 73, Page 11655) and on May 6, 2008 (Volume 73, Page 25022). As of this submission no comments have been received.

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9. There is no offer of a monetary or material value for this information collection.

10. This information collection does not include questions of a commercially sensitive nature.

11. There are no questions of a personal or sensitive nature on this declaration.

12. Estimated Annualized Burden on the Public - The estimated burden for this information collection is 12,675 hours, based on an estimated 390 respondents filing an estimated 130 responses each year for a total of 50,700 annual responses. Each response requires an estimated .25 hours (15 minutes) to complete.

Estimated Annualized Cost to the Public. The estimated cost to the respondents is $190,125.00 based on 12,675 burden hours at an average rate of $15.00 per hour.

13. Estimated Record Keeping Burden on the Public. There is no record keeping burden associated with this information collection.

Estimated Capitalization Cost Burden on the Public. There are no capitalization cost associated with this information collection.

14. Estimated Cost to the Federal Government - The estimated annual cost to the Federal Government in handling, processing and recording the information collected with regard to this collection is $177,450. This is based on receiving 50,700 annual responses that require .1 hours (6 minutes), or 5070 hours annually at an average hourly rate of $35.00.

15. There are no changes to this information collection.

16. This information collection will not be published for statistical purposes.

17. This collection does not involve a form so there is no printed expiration date.

18. There are no exceptions to the certification statements identified in Item 19 on the 83-i.

2. No statistical methods were employed.