1651 0024

Supporting Statement

Entry/Immediate Delivery Application and Simplified Entry

1651-0024

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.

All items imported into the United States are subject to examination before entering the commerce of the United States. There are two procedures available to effect the release of imported merchandise, including "entry" pursuant to 19 U.S.C. 1484, and "immediate delivery" pursuant to 19 U.S.C. 1448(b). Under both procedures, CBP Forms 3461 and 3461 ALT are the source documents in the packages presented to Customs and Border Protection (CBP). The information collected on CBP Forms 3461 and 3461 ALT allow CBP officers to verify that the information regarding the consignee and shipment is correct and that a bond is on file with CBP. CBP also uses these forms to close out the manifest and to establish the obligation to pay estimated duties in the time period prescribed by law or regulation. CBP Form 3461 is also a delivery authorization document and is given to the importing carrier to authorize the release of the merchandise.

CBP Forms 3461 and 3461 ALT are provided for by 19 CFR 141 and 142. These forms are accessible at: http://www.cbp.gov/xp/cgov/toolbox/forms/

CBP proposes to establish a new program for ACE entry summary filers called “Simplified Entry” in which importers or brokers may file Simplified Entry data in lieu of filing CBP Form 3461. This data includes 12 required elements: importer of record; buyer name and address; buyer employer identification number (consignee number), seller name and address; manufacturer/supplier name and address; Harmonized Tariff Schedule 10-digit number; country of origin; bill of lading; house air waybill number; bill of lading issuer code; entry number; entry type; and estimated shipment value. Three optional data elements will be container stuffing location; consolidator name and address and ship to party name and address. The data collected under the proposed Simplified Entry program is intended to expedite the entry process. There are fewer data elements and participants don’t have to wait for information from the carrier as they do on the 3461 so they can file the entry faster.

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 collected on the CBP Forms 3461 and 3461 Alternate is used by importers and brokers to obtain the release of the merchandise from CBP custody. These forms are filled out for each shipment and presented to a CBP officer along with the invoices and a bond to obtain release of the goods. CBP Form 3461 ALT is used when imported merchandise is to be transferred to a Centralized Container Station. The data collected under the proposed Simplified Entry program is intended to expedite the entry process.

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.

Approximately 98 percent of these forms are submitted electronically through the Automated Broker Interface (ABI). The proposed Simplified Entry program will involve electronic submission of data through the Automated Commercial Environment (ACE). The instructions for ACE will be amended to include the Simplified Entry program instructions will also be put on CBP.gov.

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 collected in any other form, and therefore is not duplicated elsewhere.

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.

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

If the information was collected less frequently, longer delays in processing cargo into the United States would result. This would prove to be costly and time consuming to the importers and brokers. Further, it could lead to increased risks to the revenue, health and safety of the United States if imported cargo was released without proper screening of import information.

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 1320.6.

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 October 27, 2011 (Volume 76, Page 66740) on which one comment was received, and on December 30, 2012 (Volume 76, Page 82315) on which no comments have been received.

A comment was submitted by Carol Sheldon of DHL Global Forwarding. Ms. Sheldon requests that CBP issue current guidelines and/or instructions on the completion of CBP Form 3461. CBP concurs and will work on drafting guidelines.

Ms. Sheldon also pointed out that field 27 is not large enough to accommodate the broker name, trade or fictitious name and electronic signature. CBP agrees and we have expanded the size of this field.

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 is no assurance of confidentiality provided to the respondents. A SORN for the Automated Commercial System, dated December 19, 2008 (Vol. 73, Page 77759) and a PIA dated December 2, 2008 for the Automated Commercial System will be included in this ICR.

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.

FORM	TOTAL ANNUAL BURDEN HOURS	NO. OF RESPONDENTS	AVG. NO. OF RESPONSES PER RESPONDENT	TOTAL RESPONSES	TIME PER RESPONSE
Entry/Immediate Delivery Form 3461	2,125,223	6,029	1,410	8,500,890	15 minutes (.25 hours)
Entry/Immediate Delivery Form 3461 ALT	472,203	6,795	1,389.8556	9,444,069	3 minutes (.05 hours)
Simplified Entry	117,030	500	1,410	705,000	10 minutes (.166 hours)
TOTAL	2,714,456	13,324		18,649,959

* Note that Simplified Entry is a new program so the projected number of respondents/participants is simply an estimate.

Public Cost

The estimated cost to the respondents is $54,289,120.00. This is based on the estimated burden hours (2,714,456) 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 this collection is $65,013,757. This is based on the estimated number responses (18,649,959) multiplied by the estimated time to process each response (5 minutes or .083 hours) = 1,547,946 hours expended multiplied (x) the average hourly rate ($42.00) = $65,013,757.

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

The estimated burden hours were decreased as a result of the new Simplified Entry program that CBP has proposed. Specifically, CBP anticipates that about 705,000 responses for CBP Form 3461 will change to Simplified Entry which takes less time per response than filing the 3461, thus resulting in a decrease to the burden hours.

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.

2. Collection of Information Employing Statistical Methods

No statistical methods were employed.