[Federal Register Volume 78, Number 28 (Monday, February 11, 2013)]
[Notices]
[Pages 9720-9721]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-02982]


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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, Department of Homeland 
Security.

ACTION: 30-Day notice and request for comments; Extension of an 
existing information collection.

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SUMMARY: U.S. Customs and Border Protection (CBP) of the Department of 
Homeland Security will be submitting the following information 
collection request to the Office of Management and Budget (OMB) for 
review and approval in accordance with the Paperwork Reduction Act: 
Holders or Containers which enter the United States Duty Free. This is 
a proposed extension of an information collection that was previously 
approved. CBP is proposing that this information collection be extended 
with no change to the burden hours. This document is published to 
obtain comments from the public and affected agencies. This information 
collection was previously published in the Federal Register (77 FR 
69650) on November 20, 2012, allowing for a 60-day comment period. This 
notice allows for an additional 30 days for public comments. This 
process is conducted in accordance with 5 CFR 1320.10.

DATES: Written comments should be received on or before March 13, 2013.

ADDRESSES: Interested persons are invited to submit written comments on 
this information collection to the Office of Information and Regulatory 
Affairs, Office of Management and Budget. Comments should be addressed 
to the OMB Desk Officer for U.S. Customs and Border Protection, 
Department of Homeland Security, and sent via electronic mail to [email protected] or faxed to (202) 395-5806.

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, 90 
K Street NE., 10th Floor, Washington, DC 20229-1177, at 202-325-0265.

SUPPLEMENTARY INFORMATION: CBP invites the general public and affected 
Federal agencies to submit written comments and suggestions on proposed 
and/or continuing information collection requests pursuant to the 
Paperwork Reduction Act (Pub. L. 104-13). Your comments should address 
one of the following four points:
    (1) Evaluate whether the proposed collection of information is 
necessary for the proper performance of the functions of the agency/
component, including whether the information will have practical 
utility;
    (2) Evaluate the accuracy of the agencies/components estimate of 
the burden of the proposed collection of information, including the 
validity of the methodology and assumptions used;
    (3) Enhance the quality, utility, and clarity of the information to 
be collected; and
    (4) Minimize the burden of the collections of information on those 
who are to respond, including the use of appropriate automated, 
electronic, mechanical, or other technological techniques or other 
forms of information.
    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

[[Page 9721]]

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.
    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: February 6, 2013.
Tracey Denning,
Agency Clearance Officer, U.S. Customs and Border Protection.
[FR Doc. 2013-02982 Filed 2-8-13; 8:45 am]
BILLING CODE 9111-14-P