[Federal Register Volume 77, Number 224 (Tuesday, November 20, 2012)]
[Notices]
[Pages 69650-69651]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-28123]


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DEPARTMENT OF HOMELAND SECURITY

U.S. Customs and Border Protection


 Agency Information Collection Activities: Holders or Containers 
Which Enter the United States Duty Free

AGENCY: U.S. Customs and Border Protection (CBP), Department of 
Homeland Security.

ACTION: 60-Day Notice and request for comments; Extension of an 
existing collection of information.

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SUMMARY: As part of its continuing effort to reduce paperwork and 
respondent burden, CBP invites the general public and other Federal 
agencies to comment on an information collection requirement concerning 
the Holders or Containers which Enter the United States Duty Free. This 
request for comment is being made pursuant to the Paperwork Reduction 
Act of 1995 (Pub. L. 104-13).

DATES: Written comments should be received on or before January 22, 
2013, to be assured of consideration.

ADDRESSES: Direct all written comments to U.S. Customs and Border 
Protection, Attn: Tracey Denning, Regulations and Rulings, Office of 
International Trade, 799 9th Street NW., 5th Floor, Washington, DC 
20229-1177.

FOR FURTHER INFORMATION CONTACT: Requests for additional information 
should be directed to Tracey Denning, U.S. Customs and Border 
Protection, Regulations and Rulings, Office of International Trade, 799 
9th Street NW., 5th Floor, Washington, DC 20229-1177, at 202-325-0265.

SUPPLEMENTARY INFORMATION: CBP invites the general public and other 
Federal agencies to comment on proposed and/or continuing information 
collections pursuant to the Paperwork Reduction Act of 1995 (Pub. L. 
104-13). The comments should address: (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 cost burden to respondents or record keepers from the 
collection of information (total capital/startup costs and operations 
and maintenance costs). The comments that are submitted will be 
summarized and included in the CBP request for Office of Management and 
Budget (OMB) approval. All comments will become a matter of public 
record. In this document CBP is soliciting comments concerning the 
following information collection:
    Title: Holders or Containers which Enter the United States Duty 
Free.
    OMB Number: 1651-0035.
    Form Number: None.
    Abstract: All articles that are brought into the United States are 
subject to duty unless they are specifically exempt under the 
Harmonized Tariff Schedules of the United States (HTSUS), codified as 
19 U.S.C. 1202. Item 9801.00.10 (HTSUS) provides that articles that 
were manufactured in the U.S. and exported and returned without having 
been advanced in value or improved in condition by any process of 
manufacture may be brought back into the U.S. duty-free. In addition, 
Item 9803.00.50 (HTSUS) provides for the duty-free entry of substantial 
holders or containers of foreign manufacture if duty had been paid upon 
a previous importation pursuant to the provisions of 19 CFR 10.41b.
    Although an article may be brought back into the United States 
without being subject to duty, a consumption entry must nevertheless be 
made along with the reason for the article not being subject to duty 
set forth on the entry. However, an importer who brings in merchandise 
packed in U.S. manufactured containers or holders or previously duty-
paid containers or holders, and does so several times a year involving 
a great many containers or holders, may mark the container or holder 
with the HTSUS number in lieu of filing of entry papers each time. CBP 
believes such frequent filing of entry papers for these containers or 
holders would be overly burdensome to the importer or shipper.
    19 CFR 10.41 provides that substantial holders or containers are to 
have prescribed markings in clear and conspicuous letters of such a 
size that they will be easily discernable. Section 10.41b of the CBP 
regulations eliminates the need for an importer to file entry documents 
by instead requiring the marking of the containers or holders to 
indicate under which item number of the HTSUS the containers or holders 
are entitled duty free entry.
    In order to comply with 19 CFR 10.41b, the owner of the holder or 
container is required to place the markings on a metal tag or plate 
containing the following information: 9801.00.10, HTSUS; the name of 
the owner; and the serial number assigned by the owner. In the case of 
serially numbered holders or containers of foreign manufacture for 
which free clearance under the second provision of item 9803.00.50 
HTSUS is claimed, the owner must place the following markings 
containing the following information: 9803.00.50 HTSUS; the port code 
numbers of the port of entry; the entry number; the last two digits of 
the fiscal year of entry covering the importation of the holders and 
containers on which duty was paid; the name of the owner; and the 
serial number assigned by the owner.
    Action: CBP proposes to extend the expiration date of this 
information collection with no change to the burden hours or to the 
information collected.
    Type of Review: Extension (without change).
    Affected Public: Businesses.

[[Page 69651]]

    Estimated Number of Respondents: 20.
    Estimated Number of Responses per Respondent: 18.
    Estimated Number of Total Annual Responses: 360.
    Estimated Total Annual Burden Hours: 90.

    Dated: November 14, 2012.
 Tracey Denning,
Agency Clearance Officer, U.S. Customs and Border Protection.
[FR Doc. 2012-28123 Filed 11-19-12; 8:45 am]
BILLING CODE 9111-14-P