e-Allegations Submission
1651-0131
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.
In order to detect trade violations to customs laws, U.S. Customs and Border Protection (CBP) established the e-Allegations website to provide a means for concerned members of the trade community to confidentially report violations to CBP. The e-Allegations site allows the public to submit pertinent information that assists CBP in its decision whether or not to pursue the alleged violations by initiating an investigation. The information collected includes the name, phone number, and email address of the member of the trade community reporting the alleged violation. It also includes a description of the alleged violation and the name and address of the potential violators. In addition, the interim regulations allow for the electronic submission of information to a designated email address specified by CBP. However, a request for withdrawal of an allegation (19 CFR 165.12(b)) and a request for withdrawal of a request for an investigation by a federal agency (19 CFR 165.14(a)) must be submitted to a designated email address specified by CBP.
This collection of this information is authorized by the Tariff Act of 1930, as amended (Title 19, United States Code, section 1202 et seq.), the Homeland Security Act of 2002 (Title 6, United States Code, 101), and the Security and Accountability for Every Port Act of 2006 [“SAFE Port Act”] (Public Law 109-347, October 13, 2006). The e-Allegations website is accessible at https://apps.cbp.gov/eallegations/.
This PRA submission is to accompany the submission of CBP’s Investigation of Claims of Evasion of Antidumping (AD) and Countervailing Duties (CVD) Interim-Final Rule (IFR).
In accordance with section 421 of the Trade Facilitation and Trade Enforcement Act of 2015 (TFTEA) (Pub. L. 114-125 (February 24, 2016)), CBP is amending title 19 of the Code of Federal Regulations to create new part 165 setting forth procedures for investigating claims of evasion of AD/CVD orders.
The PRA will be amended to reflect the additional respondents for e-Allegations and the three new questionnaires for EAPA requirements as described in the IFR in accordance with 19 CFR 165.5(a) and 165.23(a). The three new questionnaires added are:
Questionnaire for allegers of AD/CVD violations;
Questionnaire for alleged evaders of AD/CVD orders; and
Questionnaire for other interested parties, such as the foreign producer, exporter, or a foreign government.
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 has been used by select CBP officials solely for the purpose of pursuing trade violations. There are no changes to how this information will be used. CBP will continue to use this information for the purpose of pursuing trade violations.
The information is being collected to assist CBP with its mission of protecting the revenue through trade compliance and enforcement. The information will also assist CBP with its other areas of responsibility such as intellectual property rights enforcement and import safety issues. This system helps CBP address actual violations of law.
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.
Information regarding potential trade violations is electronically submitted via the e-Allegations website at https://apps.cbp.gov/eallegations/ or via an email as designated by CBP.
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 a significant impact on a substantial number of small businesses or 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.
The consequence of not allowing this collection is that many trade violations will not be caught by law-enforcement officials. In many cases, not catching these violations will result in economic injury to the United States, a risk to public health and safety, and a greater threat of terrorist attack in the U.S.
7. Explain any special circumstances.
This information collection is conducted in a manner consistent with the guidelines in 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.
The IFR for Investigation of Claims of Evasion of Antidumping and Countervailing Duties was published in the Federal Register on August 22, 2016 (81 FR 56477), with a 60-day comment period. The comment period was extended for an additional 60 days through December 20, 2016. CBP received 17 submissions in response to the publication of the IFR, each of them including comments on multiple topics. Three PRA relevant comments were received asking for additional submission methods. The comments have been uploaded as supplementary documents, and CBP addressed inquires via the Final Rule.
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.
The information collected is maintained in the Treasury Enforcement Communications System (TECS, System of Records Noticed, 73 FR 77778). A PIA for TECS, a PIA for DHS/CBP/PIA-011 Intellectual Property Rights e-Recordation and Search Systems (IPRRSS), a PIA for DHS/CBP/PIA-013 Customs-Trade Partnership Against Terrorism (C-TACT), and a PIA for DHS/ICE/PIA-033 FALCON Tipline. SORN coverage for this collection is provided by DHS/CBP-001 Import Information System, a DHS/CBP-004 Intellectual Property Rights e-Recordation and Search Systems, and DHS/CBP-010 Persons Engaged in International Trade in Customs and Border Protection Licensed/Regulated Activities.
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.
This information collection does not involve questions of a personal or 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 |
e-Allegations |
11 |
44 |
1 |
44 |
15 minutes (.25 hours) |
Alleger Questionnaire |
3,750 |
150 |
1 |
150 |
25 hours |
Alleged Evader Questionnaire |
3,750 |
150 |
1 |
150 |
25 hours |
Other Interested Party Questionnaire |
1,875 |
75 |
1 |
75 |
25 hours |
Total: |
9,386 |
419 |
|
419 |
|
Public Cost
The estimated cost to the respondents is $263,747. This is based on the estimated burden hours (9,386) multiplied (x) the average hourly rate ($28.10) = $263,747.
13. Provide an estimate of the total annual cost burden to respondents or recordkeepers resulting from the collection of information.
There are no capitalization 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 in handling, processing
and recording the information collected regarding this collection is $74,498.
This is based on the number of responses (419) multiplied (x) the time spent per response (3 hours) = 1,257 hours multiplied (x) by the average hourly rate of $56.88 = $71,498.
Plus $3,000 recurring costs for administrative support and external hosting of the website.
15. Explain the reasons for any program changes or adjustments reported in Items 12 or 13 of this Statement.
There has been an increase in the annual burden previously reported for this collection of information. The Q12 table was revised to reflect the increased burden hours, responses, and respondents for each additional e-Allegation submission and EAPA questionnaire added to e-Allegations as part of the Investigation of Claims of Evasion of Antidumping and Countervailing Duties Interim-Final Rule.
The annual burden hours increased by 9,097, from the previous 289 hours.
This revision to this information collection includes 150 new alleger questionnaires annually, 150 new alleged evader questionnaires annually, and 75 new other interested party questionnaires annually. The other interested party could be a foreign producer or exporter or foreign government, or any other interested party.
16. For collection of information whose results will be published, outline plans for tabulation, and publication. Address any complex analytical techniques that will be used. Provide the time schedule for the entire project, including beginning and ending dates of the collection of information, completion of report, publication dates, and other actions.
This information collection will not be published.
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.
CBP will display the expiration date for OMB approval of this information collection.
18. Explain each exception to the certification statement identified in Item 19, “Certification for Paperwork Reduction Act Submissions”.
CBP does not request an exception to the certification of this information collection.
No statistical methods were employed.
| File Type | application/vnd.openxmlformats-officedocument.wordprocessingml.document |
| File Title | INSTRUCTIONS FOR PREPARING AN |
| Author | Shade Williams |
| File Modified | 0000-00-00 |
| File Created | 2024-07-23 |