Customs and Border Protection (CBP)
may detain merchandise when it has reasonable suspicion that the
subject merchandise may be inadmissible but requires more
information to make a positive determination. If CBP decides to
detain merchandise, a Notice of Detention is sent to the importer
or to the importer’s broker/agent no later than 5 business days
after the decision to detain the merchandise is made. The Notice
must state that merchandise has been detained, the specific reason
for the detention, the anticipated length of the detention, the
nature of the tests or inquires to be conducted, and the nature of
any information that could be supplied to CBP that may accelerate
the disposition of the detention. The recipient of this notice may
respond by providing information to CBP in order to facilitate the
determination for admissibility or may ask for an extension of time
to bring the merchandise into compliance. Notice of Detention is
authorized by 19 U.S.C. 1499 and provided for in 19 CFR 151.16,
133.21, 133.25, and 133.43.
US Code:
19
USC 1499 Name of Law: Customs Modernization Act
CBP estimates that the
availability of the procedures in this final rule will increase the
number of Notices of Detention issued for IPR violations, there is
an increase in burden hours under this collection with this final
rule.
On behalf of this Federal agency, I certify that
the collection of information encompassed by this request complies
with 5 CFR 1320.9 and the related provisions of 5 CFR
1320.8(b)(3).
The following is a summary of the topics, regarding
the proposed collection of information, that the certification
covers:
(i) Why the information is being collected;
(ii) Use of information;
(iii) Burden estimate;
(iv) Nature of response (voluntary, required for a
benefit, or mandatory);
(v) Nature and extent of confidentiality; and
(vi) Need to display currently valid OMB control
number;
If you are unable to certify compliance with any of
these provisions, identify the item by leaving the box unchecked
and explain the reason in the Supporting Statement.