CBP Announces Comments Period Extension on Customs Mod Act Record Keeping Requirements

U.S. Customs and Border Protection is announcing a 30-day extension of the comment period to June 11, 2012, on its request for comments on an existing information collection, Customs Modernization Act Record Keeping Requirements. CBP proposes to extend the expiration date of this information collection with a change to the burden hours. The notice ran in the Federal Register May 11, 2012.

Mod Act Rules Expanded Those Subject to Recordkeeping, Etc.

The North American Free Trade Agreement Implementation Act, Title VI, known as the Customs Modernization Act (Mod Act) amended title 19 U.S.C. 1508, 1509 and 1510 by revising Customs and Border Protection (CBP) laws related to record keeping, examination of books and witnesses, regulatory audit procedures and judicial enforcement. Specifically, the Mod Act expanded the list of parties subject to CBP recordkeeping requirements, distinguished between records which pertain to the entry of merchandise and financial records needed to substantiate the correctness of information contained in entry documentation, and identified a list of records which must be maintained and produced upon request by CBP. The information and records are used by CBP to verify the accuracy of the claims made on the entry documents regarding the tariff status of imported merchandise, admissibility, classification/nomenclature, value and rate of duty applicable to the entered goods. The Mod Act record keeping requirements are provided for by 19 CFR 163.

CBP Estimates 1,800 Respondents, 25 Hours Per Response

CBP estimates there will be 5,459 respondents, and 1 response per respondent. The time per response is estimated to be 1,040 hours. CBP estimates the total annual burden hours will be 5,677,360.

Comments Requested on Ways to Minimize Burden, Etc.

CBP is asking for comments from the public and other Federal agencies on (a) whether the collection of information is necessary for the proper performance of the functions of the agency, including whether the information shall have practical utility; (b) the accuracy of the agency’s estimates of the burden of the collection of information; (c) ways to enhance the quality, utility, and clarity of the information to be collected; (d) ways to minimize the burden including the use of automated collection techniques or the use of other forms of information technology; and (e) the annual costs burden to respondents or record keepers from the collection of information (a total capital/startup costs and operations and maintenance costs).