Statement 2014

Statement 2014.doc

Dominican Republic-Central America-U.S Free Trade Agreement (CAFTA-DR)

OMB: 1651-0125

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Supporting Statement

Dominican Republic-Central America-United States Free Trade Agreement (CAFTA-DR)

1651- 0125

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 statute and regulation mandating or authorizing the collection of information.


On August 5, 2004, the United States entered into the Dominican Republic-Central America-United States Free Trade Agreement (also known as CAFTA-DR) with Costa Rica, the Dominican Republic, El Salvador, Guatemala, Honduras, and Nicaragua. The Agreement was approved by Congress in section 101(a) of the Dominican Republic-Central America-United States Free Trade Agreement Implementation Act (Public Law 109-53, 119 Stat. 462) (19 U.S.C. 4001) and provides for preferential tariff treatment of certain goods originating in one or more of the CAFTA-DR countries. It was signed into law on August 2, 2005.


In order to ascertain if imported goods are eligible for preferential tariff treatment under CAFTA-DR, CBP collects a certification that contains information such as the name and contact information for importer and exporter; information about the producer of the good; a description of the good; the HTSUS tariff classification; and the applicable rule of origin. This collection of information is provided for by 19 CFR 10.583 through 19 CFR 10.592.  Guidance on filing claims under CAFTA-DR may be found at: http://www.cbp.gov/sites/default/files/documents/us_dominican.pdf


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 to be used by CBP to verify eligibility for preferential tariff treatment under provisions of the CAFTA-DR.


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 allows the submission of this information on disc in an electronic format. The electronic submission must contain a signature and be in an inalterable format. Claimants also may submit their claims via email or in any other accessible electronic format.


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, as well as any technical or legal obstacles to reducing burden.


If this information was not collected, CBP would not be able to ensure that duty-free or reduced-duty treatment is provided on imported goods under the CAFTA.


7. Explain any special circumstances.


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


8. Provide a copy and identify the date and page number 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.


Public comments were solicited through two Federal Register notices published on June 3, 2014 (Volume 79, Page 31962) on which no comments were received, and on August 13, 2014 (Volume 79, Page 47473) on which 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.


A SORN for the Automated Commercial System, dated December 19, 2008 (Volume 73, Page 77759) will be submitted with this ICR. There are no assurances of confidentiality provided to respondents.


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 ANNUAL

RESPONSES


TIME PER

RESPONSE

CAFTA

Certification

4,800

800

3

2,400

2 hours


Although importers are required to have the certification in their records for all CAFTA claims, CBP only requests that these certifications be submitted on about one percent of claims. Submission is usually requested if CBP needs more information to verify duty free treatment, or if a high value is involved.

Public Cost

The estimated cost to the respondents is $136,800. This is based on the estimated burden hours (4,800) multiplied (x) the average hourly rate ($28.50).


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 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 $1343. This is based on the number of certifications requested (24) multiplied (x) by the time to process each response (1 hour) = 24 hours multiplied (x) the average hourly rate ($55.94) = $1343.


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


The number of respondents was lowered from 1,000 to 800 and the burden hours were lowered accordingly based on recent numbers of CAFTA claims. The numbers of this information collection may fluctuate based on U.S. trade with CAFTA countries. There are no changes to the information collected. This collection will be combined with collection 1651-0117, Free Trade Agreements, in 2015.


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 for OMB approval of the information collection, explain the reasons that display would be inappropriate.


There is no form involved with this information collection.


18. Explain each exception to the certification statement.


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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