CBP Seeks Add'l Comments on NAFTA Regs and Forms 434, 446 & 447
U.S. Customs and Border Protection is extending the comment period by 30 days for an existing information collection concerning NAFTA Regulations and Certificates of Origin and Verification (CBP Forms 434 and 446) and new CBP Form 447 (NAFTA Motor Vehicle Averaging Election), which it plans to submit to the Office of Management and Budget (OMB) for review and approval. CBP is proposing that this information collection be extended with a change to the burden hours. CBP published the information collection for comment in December 2011 and is now allowing an additional 30 days for comments, until March 22, 2012 (from February 7, 2012).
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Forms Are Used to Show NAFTA Origin of Goods
CBP Form 434, NAFTA Certificate of Origin, is used to certify that a good being exported either from the U.S. into Canada or Mexico or from Canada or Mexico into the U.S. qualifies as an originating good for purposes of preferential tariff treatment under the NAFTA. This form is completed by exporters and/or producers and furnished to CBP upon request. CBP Form 434 is provided for by 19 CFR 181.11 and is accessible here.
CBP Form 446, NAFTA Verification of Origin Questionnaire, is a questionnaire that CBP personnel use to gather sufficient information from exporters and/or producers to determine whether goods imported into the U.S. qualify as originating goods for the purposes of preferential tariff treatment under NAFTA. CBP Form 446 is provided for by 19 CFR 181.72 and is accessible here.
CBP is also seeking approval of CBP Form 447, NAFTA Motor Vehicle Averaging Election, in order to gather information required by 19 CFR 181 Appendix, Section 11(2), "Information Required When Producer Chooses to Average for Motor Vehicles." This form is provided to CBP when a manufacturer chooses to average motor vehicles for the purpose of obtaining NAFTA preference.
CBP Estimates over 40,000 Respondents Will File Responses Using Forms
For CBP Form 434, CBP estimates there will be 40,000 respondents who will file 3 responses each. CBP estimates the time per response will be 15 minutes. The total annual burden hours are estimated to be 30,000.
For CBP Form 446, CBP estimates there will be 400 respondents who will file 1 response each. CBP estimates the time per response will be 45 minutes. The total annual burden hours are estimated to be 300.
For CBP Form 447, CBP estimates there will be 11 respondents with an estimated 1.28 responses each. CBP estimates the time per response will be 1 hour. The total annual burden hours are estimated to be 14.
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 costs burden to respondents or record keepers from the collection of information (total capital/startup costs and operations and maintenance costs).
(See ITT's Online Archives 11121407 for summary of CBP's initial request for comments on these forms.)