Statement 2009

Supporting Statement

Application for Withdrawal of Bonded Stores for Fishing Vessels And Certification of Use

1651-0092

Justification

1. Explain the circumstances that make the collection of information necessary. Identify any legal or administrative requirements that necessitate the collection. Attach a copy of the appropriate section of each statue and regulation mandating or authorizing the collection of information.

Section 309, Tariff Act of 1930 provides for the withdrawal of vessel supplies (not including equipment) from Customs and Border Protection (CBP) bonded warehouses and Foreign Trade Zones. Vessels qualifying for such duty free withdrawal include those involved in the fisheries. Various international agreements set forth the reciprocal privileges for the lading of duty free supplies. Vessels engaged in foreign trade are required to enter and clear with CBP on each arrival and departure. At the time of arrival, the master of the vessel is required to declare the stores and supplies aboard. Fishing vessels, however, are not normally required to enter or clear for their various voyages, since they do not usually touch a foreign port. Fishing vessels desiring to lade duty free supplies must make application to CBP for permission and, upon their return, must certify that CBP that those supplies were either consumed or that all unused quantities remain on board and are adequately secured for use on the next voyage. This is pursuant to 19 CFR 10.59(e).

2. Indicate how, by whom, and for what purpose the information is to be used. Except for a new collection, indicate the actual use the agency has made of the information received from the current collection.

CBP Form-5125 is needed to request permission from CBP to lade duty free supplies and/or to verify that the supplies on the vessel were either consumed or secured onboard for use on the next voyage.

3. Describe whether, and to what extent, the collection of information involves the use of automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g. permitting electronic submission of responses, and the basis for the decision for adopting this means of collection. Also describe any consideration of using information technology to reduce burden.

CBP Form 5125 is filled out on the fishing vessel by the vessel operator so it would not be appropriate to submit this form electronically.

4. Describe efforts to identify duplication. Show specifically why any similar information already available cannot be used or modified for use for the purposes described in Item 2 above.

This information is not duplicated in any other place or any other form.

5. If the collection of information impacts small businesses or other small entities (Item 5 of the OMB Form 83-I), describe any methods used to minimize burden.

This information collection does not have an impact on small businesses or other small entities.

6. Describe consequences to Federal program or policy activities if the collection is not conducted or is conducted less frequently.

If this information was not collected, CBP would not be able to assess duty on this material.

7. Explain any special circumstances that would cause an information collection to be conducted in a manner:

This information is collected in a manner consistent with the guidelines of 5 CFR 1320.5(d)(2).

8. If applicable, provide a copy and identify the date and page number of publication in the Federal Register of the agency's notice, required by 5 CFR 1320.8(d), soliciting comments on the information collection prior to submission to OMB. Summarize public comments received in response to that notice and describe actions taken by the agency in response to these comments. Specifically address comments received on cost and hour burden.

Public comments were solicited through two Federal Register notices published on November 28, 2008 (Volume 73, Page 72500) and on February 6, 2009 (Volume 74, Pages 6298-6299). As of this submission, no comments have been received.

9. Explain any decision to provide any payment or gift to respondents, other than remuneration of contractors or grantees.

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

10. Describe any assurance of confidentiality provided to respondents and the basis for the assurance in statute, regulation, or agency policy.

There are no assurances of confidentiality provided to the respondents of this information collection.

11. Provide additional justification for any questions of a sensitive nature, such as sexual behavior and attitudes, religious beliefs, and other matters that are commonly considered private. This justification should include the reasons why the agency considers the questions necessary, the specific uses to be made of the information, the explanation to be given to persons from whom the information is requested, and any steps to be taken to obtain their consent.

There are no questions of a sensitive nature.

12. Provide estimates of the hour burden of the collection of information.

INFORMATION COLLECTION	TOTAL ANNUAL BURDEN HOURS	NO. OF RESPONDENTS	NO. OF RESPONSES PER RESPONDENT	TOTAL RESPONSES	TIME PER RESPONSE
Form 5125 Application for Withdrawal of Bonded Stores	42	500	1	500	5 minutes (.084)

Public Cost

The estimated cost to the respondents is $840. This is based on the estimated burden hours (42) multiplied (x) hourly rate ($20.00).

13. Provide an estimate of the total annual cost burden to respondents or recordkeepers resulting from the collection of information.

There are no record keeping, capital, start-up or maintenance costs associated with this information collection.

14. Provide estimates of annualized cost to the Federal Government. Also provide a description of the method used to estimate cost, which should include quantification of hours, operational expenses (such as equipment overhead, printing, and support staff), and any other expense that would not have been incurred without this collection of information.

The estimated annual cost to the Federal Government associated with reviewing these forms is $1,470. This is based on 5 minutes (.084 hours) to review each form for a total of 42 hours expended (500 forms x .084 hours). The number of hours expended by CBP (42) multiplied (x) hourly rate ($35.00) = $1,470.

15. Explain the reasons for any program changes or adjustments reported in Items 13 or 14 of the OMB Form 83-I.

There has been no increase or decrease in the estimated annual burden hours previously reported for this information collection.

16. For collection of information whose results will be published, outline plans for tabulation, and publication.

This information collection will not be published for statistical purposes.

17. If seeking approval to not display the expiration date, explain the reasons that displaying the expiration date would be inappropriate.

CBP will display the expiration date for OMB approval of this information collection.

18. “Certification for Paperwork Reduction Act Submissions.”

CBP does not request and exception to the certification of this information collection.

2. Collection of Information Employing Statistical Methods

No statistical methods were employed.

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