CBP Seeks Comments on Prior Disclosure Info Collection
U.S. Customs and Border Protection is requesting comments by December 27, 2011, on an existing information collection concerning Prior Disclosure. CBP is proposing to extend the expiration date of this information collection with no change to the burden hours or to the information being collected.
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Prior Disclosure Provides Method of Violators to Disclose Errors to CBP
The Prior Disclosure program establishes a method for a potential violator to disclose to CBP that they have committed an error or a violation with respect to the legal requirements of entering merchandise into the U.S., such as underpaid tariffs or duties or misclassified merchandise. The procedure for making a prior disclosure is set forth in 19 CFR 162.74 (available here) which requires that respondents submit information about the merchandise involved, a specification of the false statements or omissions, and what the true and accurate information should be. A valid prior disclosure will entitle the disclosing party to the reduced penalties pursuant to 19 USC 1592(c)(4) (available here).
(See ITT's Online Archives 11102519 for BP summary of CBP's final rule updating its regulations on the use of sampling methods in CBP prior disclosure cases and audits, etc.)
CBP Estimates 3,500 Respondents at 1 Hour Each
CBP estimates the number of respondents for will be 3,500 at one response each. CBP estimates the time per response to be 1 hour.
Comments Requested on Ways to Minimize Burden, Etc.
CBP is asking for comments from the general 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 cost burden to respondents or record keepers from the collection of information (total capital/startup costs and operations and maintenance costs).
CBP Contact -- Tracey Denning (202) 325-0265