[Federal Register Volume 84, Number 96 (Friday, May 17, 2019)]
[Notices]
[Pages 22505-22506]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-10259]
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DEPARTMENT OF HOMELAND SECURITY
U.S. Customs and Border Protection
[1651-0123]
Agency Information Collection Activities: Regulations Relating to
Recordation and Enforcement of Trademarks and Copyrights
AGENCY: U.S. Customs and Border Protection (CBP), Department of
Homeland Security.
ACTION: 60-Day notice and request for comments; revision and extension
of an existing collection of information.
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SUMMARY: The Department of Homeland Security, U.S. Customs and Border
Protection 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 of 1995 (PRA).
The information collection is published in the Federal Register to
obtain comments from the public and affected agencies. Comments are
encouraged and must be submitted (no later than July 16, 2019) to be
assured of consideration.
ADDRESSES: Written comments and/or suggestions regarding the item(s)
contained in this notice must include the OMB Control Number 1651-0123
in the subject line and the agency name. To avoid duplicate
submissions, please use only one of the following methods to submit
comments:
(1) Email. Submit comments to: [email protected].
(2) Mail. Submit written comments to CBP Paperwork Reduction Act
Officer, U.S. Customs and Border Protection, Office of Trade,
Regulations and Rulings, Economic Impact Analysis Branch, 90 K Street
NE, 10th Floor, Washington, DC 20229-1177.
FOR FURTHER INFORMATION CONTACT: Requests for additional PRA
information
[[Page 22506]]
should be directed to Seth Renkema, Chief, Economic Impact Analysis
Branch, U.S. Customs and Border Protection, Office of Trade,
Regulations and Rulings, 90 K Street NE, 10th Floor, Washington, DC
20229-1177, Telephone number 202-325-0056 or via email
[email protected]. Please note that the contact information provided
here is solely for questions regarding this notice. Individuals seeking
information about other CBP programs should contact the CBP National
Customer Service Center at 877-227-5511, (TTY) 1-800-877-8339, or CBP
website at https://www.cbp. gov/.
SUPPLEMENTARY INFORMATION: CBP invites the general public and other
Federal agencies to comment on the proposed and/or continuing
information collections pursuant to the Paperwork Reduction Act of 1995
(44 U.S.C. 3501 et seq.). This process is conducted in accordance with
5 CFR 1320.8. Written comments and suggestions from the public and
affected agencies should address one or more of the following four
points: (1) Whether the proposed collection of information is necessary
for the proper performance of the functions of the agency, including
whether the information will have practical utility; (2) the accuracy
of the agency's estimate of the burden of the proposed collection of
information, including the validity of the methodology and assumptions
used; (3) suggestions to enhance the quality, utility, and clarity of
the information to be collected; and (4) suggestions to minimize the
burden of the collection of information on those who are to respond,
including through the use of appropriate automated, electronic,
mechanical, or other technological collection techniques or other forms
of information technology, e.g., permitting electronic submission of
responses. The comments that are submitted will be summarized and
included in the request for approval. All comments will become a matter
of public record.
Overview of This Information Collection
Title: Regulations Relating to Recordation and Enforcement of
Trademark and Copyrights (Part 133 of the CBP Regulations).
OMB Number: 1651-0123.
Abstract: Title 19 of the United States Code section 1526(e)
prohibits the importation of articles that bear a counterfeit mark of a
trademark that is registered with the United States Patent and
Trademark Office (USPTO) and recorded with U.S. Customs and Border
Protection (CBP). Pursuant to 15 U.S.C. 1124, the importation of
articles that copy or simulate the trade name of a manufacturer or
trader, or copy or simulate a trademark registered with the USPTO and
recorded with CBP is prohibited. Likewise, under 17 U.S.C. 602 and 17
U.S.C. 603, the importation of articles that constitute an infringement
of copyright in protected copyrighted works is prohibited. Both 15
U.S.C. 1124 and 17 U.S.C. 602, authorize the Secretary of the Treasury
to prescribe by regulation for the recordation of trademarks, trade
names and copyrights with CBP. Additional rulemaking authority in this
regard is conferred by CBP's general rulemaking authority as found in
19 U.S.C. 1624.
CBP officers enforce these intellectual property rights at the
border. The information that respondents must submit in order to seek
the assistance of CBP to protect against infringing imports is
specified for trademarks under 19 CFR 133.2 and 133.3, and the
information to be submitted for copyrights is specified under 19 CFR
133.32 and 133.33. Trademark, trade name, and copyright owners seeking
border enforcement of their intellectual property rights provide
information through the recordation process in order to assist CBP
officers in identifying violating articles at the border. Respondents
may submit this information through the IPR e-Recordation website at
https://iprr.cbp.gov/.
Collection Revisions
On December 15, 2017 CBP published a Final Rule in the Federal
Register (82 FR 59511) regarding Donations of Technology and Related
Support Services to Enforce Intellectual Property Rights. 19 CFR 133.61
Subpart H has been added which authorizes CBP to receive and accept
donations of hardware, software, equipment, and similar technologies,
as well as training and related support service, for the purpose of
assisting CBP in enforcing IPR. CBP is revising this collection of
information to include IPR Donations. A donation offer must be
submitted to CBP either via email, to [email protected], or mailed to the
attention of the Executive Assistant Commissioner, Office of Field
Operations, or his/her designee.
The donation offer must describe the proposed donation in
sufficient detail to enable CBP to determine its compatibility with
existing CBP technologies, networks, and facilities (e.g. operating
system or similar requirements, power supply requirements, item size
and weight, etc.). The donation offer must also include information
pertaining to the donation's scope, purpose, expected benefits,
intended use, costs, and attached conditions, as applicable, that is
sufficient to enable CBP to evaluate the donation and make a
determination as to whether to accept it. CBP will notify the donor, in
writing, if additional information is requested or if CBP has
determined that it will not accept the donation. If CBP accepts a
donation, CBP will enter into a signed, written agreement with an
authorized representative of the donor. The agreement must contain all
applicable terms and conditions of the donation.
Current Actions: CBP proposes to revise and extend the expiration
date of this information collection with a change to the burden hours
and the information collected.
Type of Review: Revision with change.
Affected Public: Businesses and Individuals.
IPR Recordation Application:
Estimated Number of Respondents: 2,000.
Estimated Number of Annual Responses per Respondent: 1.
Estimated Number of Total Annual Responses: 2,000.
Estimated Time per Respondent: 2 hours.
Estimated Total Annual Burden Hours: 4,000.
IPR Donations:
Estimated Number of Respondents: 50.
Estimated Number of Annual Responses per Respondent: 1.
Estimated Number of Total Annual Responses: 50.
Estimated Time per Response: 2 hours.
Estimated Total Annual Burden Hours: 100.
Dated: May 14, 2019.
Seth D. Renkema,
Branch Chief, Economic Impact Analysis Branch, U.S. Customs and Border
Protection.
[FR Doc. 2019-10259 Filed 5-16-19; 8:45 am]
BILLING CODE 9111-14-P