statement (2009)

statement (2009).doc

Application for Allowance in Duties

OMB: 1651-0007

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Supporting Statement

Application for Allowance in Duties

1651-0007


A. 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.


Form CBP-4315, "Application for Allowance in Duties," is required by the CBP in instances of claims of damaged or defective imported merchandise on which an allowance in duty is made in the liquidation of the entry, as required by sections of 19 CFR 158, and authorized by 19 USC 1506, Tariff Act of 1930.


This collection of information applies to the importing and trade community who are familiar with import procedures and with the CBP regulations.


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.

The information is used to substantiate importers claims for such duty allowances. If the information is not collected, the claimant might not be able to demonstrate eligibility for such an allowance.


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.

It is not appropriate for this form to be submitted electronically because it is used on the docks or warehouse to document, inventory, and determine the disposition of damaged merchandise coming into the country. There are many signature blocks and an actual physical exam is conducted. There are three places for a CBP Officer to sign for inspection, disposal, destruction or to identify that the material has no commercial value. The signatures need to be made at different times and locations during the importation. Because of this, a physical form would be more efficient than an electronic form.



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, describe any methods used to minimize burden.


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

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


There is no benefit to the Federal program or policy if this information is not collected. It is to the benefit of private companies to submit this information to obtain an allowance in duties.


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 September 4, 2009 (Volume 74, Page 45872) and on November 18, 2009, (Volume 74, Page 59579). No comments were 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 4315



1,600


12,000


1


12,000


8 minutes

(.1333 hours)

Public Cost

The estimated cost to the respondents is $44,800. This is based on the estimated burden hours (1,600) multiplied (x) the average hourly rate ($28.00).

13. Provide an estimate of the total annual cost burden to respondents or record keepers 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 the review of these records is $6,720. This is based on the number of responses (1,600) that must be reviewed (x) the time to review and process each response (6 minutes or .1 hours) = 160 hours (x) the average hourly rate ($42.00) = $6,720


15. Explain the reasons for any program changes or adjustments reported in Items 12 or 13.


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 an exception to the certification of this information collection.

B. Collection of Information Employing Statistical Methods


No statistical methods were employed.











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File Modified2009-11-18
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