[Federal Register Volume 84, Number 178 (Friday, September 13, 2019)]
[Notices]
[Pages 48363-48364]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-19830]


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DEPARTMENT OF HOMELAND SECURITY

U.S. Customs and Border Protection

[1651-NEW]


Agency Information Collection Activities: 321 E-Commerce Data 
Pilot

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

ACTION: 60-Day notice and request for comments; new 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.

DATES: Comments are encouraged and must be submitted (no later than 
November 12, 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-NEW 
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 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/ 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: 321 E-Commerce Data Pilot.
    OMB Number: 1651-NEW.
    Form Number: N/A.
    Current Actions: This submission is being made to obtain an OMB 
control number for this Information Collection Request and to expand 
the respondent group of the recent 321 Data Pilot test notice on July 
23, 2019 (84 FR 35405) which was limited to nine respondents.
    Type of Review: New.
    Affected Public: Businesses.

    Abstract: CBP faces significant challenges in targeting Section 
321 shipments, while still maintaining the clearance speeds the 
private sector has come to expect. This is because CBP does not 
receive adequate advance information in order to effectively and 
efficiently assess the security risk of the approximately 1.8 
million Section 321 shipments that arrive each day. This pilot is 
conducted pursuant to 19 CFR 101.9(a), which authorizes the 
Commissioner to impose requirements different from those specified 
in the CBP regulations for the purposes of conducting a test program 
or procedure designed to evaluate the effectiveness of new 
technology or operational procedures regarding the processing of 
passengers, vessels, or merchandise.
    In the e-commerce environment, traditionally regulated parties, 
such as carriers, are unlikely to possess all of the information 
relating to a shipment's supply chain. While CBP receives some 
advance electronic data for Section 321 shipments from air, rail, 
and truck carriers (and certain other parties in limited 
circumstances) as mandated by current regulations, the transmitted 
data often does not adequately identify the entity causing the 
shipment to cross the border, the final recipient, or the contents 
of the package. Consequently, CBP may not receive any advance 
information on the entity actually causing the shipment to travel to 
the United States, such as the seller or manufacturer. Some carriers 
may not have this information because sellers on e-commerce 
platforms often contract with other entities to act as the seller. 
Similarly, for the consignee's name and address, a carrier might 
transmit information for the domestic deconsolidator, which will not 
allow CBP to identify in advance of arrival, the final recipient of 
the merchandise in the United States. With the growth of e-commerce, 
shipments are increasingly subject to these complex transactions, 
where information about the shipment is limited. As a result, CBP is 
less able to effectively target or identify high-risk shipments in 
the e-commerce environment and CBP Officers must use additional time 
and resources to inspect Section 321 shipments upon arrival.
    CBP anticipates that Section 321 shipments will continue to grow 
quickly. Accordingly, CBP is initiating this voluntary Section 321 
Data Pilot to test the feasibility of obtaining advance information 
from regulated and non-regulated entities, such as online 
marketplaces, as well as requiring additional advance data elements. 
This test will enable CBP to assess the ability of online 
marketplaces to transmit information to CBP that enables CBP to 
better use resources used in inspecting and processing these 
shipments and better understand the operation of online 
marketplaces. Additionally, CBP is testing whether the transmission 
of additional advance data, beyond the data elements currently 
required for shipments arriving by air, truck, or rail, will enable 
CBP to more accurately and efficiently target Section 321 shipments. 
Pursuant to this test, participants will provide information that 
identifies the entity causing the shipment to cross the

[[Page 48364]]

border, the ultimate recipient, and the product in the shipment with 
greater specificity, in advance. CBP will test the feasibility of 
using the additional data elements, transmitted by multiple entities 
for a single shipment, to segment risk. In sum, the pilot will 
enable CBP to determine if requiring additional data and involving 
non-regulated entities will enable CBP to address the threats and 
complexities resulting from the vast increase in Section 321 
shipments, while facilitating cross-border e-commerce.
    Participants in the Section 321 Data Pilot must transmit certain 
information for any Section 321 shipments destined for the United 
States for which the participant has information. The required data 
elements differ slightly depending on what entity is transmitting 
the data. In general, the required data relates to the entity 
initiating the shipment (e.g., the entity causing the shipment to 
cross the border, such as the seller, manufacturer, or shipper), the 
product in the package, the listed marketplace price, and the final 
recipient (e.g., the final entity to possess the shipment in the 
United States). The data elements are as follow.
    1. All participants. All participants, regardless of filer type, 
must electronically transmit the following elements:

 Originator Code of the Participant (assigned by CBP)
 Participant Filer Type (e.g., carrier or online 
marketplace)
 One or more of the following:
[cir] Shipment Tracking Number
[cir] House Bill Number
[cir] Master Bill Number
 Mode of Transportation (e.g., air, truck, rail, or ocean)
    2. Participating carriers. In addition to the data elements 
listed above in paragraph 1, participating carriers must also 
electronically transmit the following data elements:

 Shipment Initiator Name and Address (e.g., the entity that 
causes the movement of a shipment, which may be a seller, shipper, 
or manufacturer, but not a foreign consolidator)
 Final Deliver to Party Name and Address (e.g., the final 
entity to receive the shipment once it arrives in the United States, 
which may be a final purchaser or a warehouse, but not a domestic 
deconsolidator)
 Enhanced Product Description (e.g., a description of a 
product shipped to the United States more detailed than the 
description on the manifest, which should, if applicable, reflect 
the advertised retail description of the product as listed on an 
online marketplace)
 Shipment Security Scan (air carriers only) (e.g., 
verification that a foreign security scan for the shipment has been 
completed such as an x-ray image or other security screening report)
 Known Carrier Customer Flag (e.g., an indicator that 
identifies a shipper as a repeat customer that has consistently paid 
all required fees and does not have any known trade violations)

    3. Participating online marketplaces. In addition to the data 
elements listed above in paragraph 1, participating online 
marketplaces must electronically submit the following data elements:

 Seller Name and Address (e.g., an international or domestic 
company that sells products on marketplaces and other websites), 
and, if applicable, Shipment Initiator Name and Address (as defined 
in Section II.A.2)
 Final Deliver to Party Name and Address (as defined in 
Section II.A.2)
 Known Marketplace Seller Flag (e.g., an indicator provided 
by a marketplace that identifies a seller as an entity vetted by the 
marketplace and has no known trade violations)
 Marketplace Seller Account Number/Seller ID (e.g., the 
unique identifier a marketplace assigns to sellers)
 Buyer Name and Address, if applicable (e.g., the purchaser 
of a good from an online marketplace. This entity is not always the 
same as the final deliver to party.)
 Product Picture (e.g., picture of the product presented on 
an online marketplace), Link to Product Listing (e.g., an active and 
direct link to the listing of a specific product on an online 
marketplace), or Enhanced Product Description (as defined in Section 
II.A.2)
 Listed Price on Marketplace (e.g., the retail price of a 
product that a seller lists while advertising on an online 
marketplace. For auction marketplaces, this price is the price of 
final sale.)

    Different entities may transmit different data elements for the 
same shipment. In addition to the above required data elements, 
participants may voluntarily provide the following optional data 
elements:

 HTS Number;
 Retail Price in Export Country;
 Shipper Name;
 Shipper Address;
 Shipper Phone Number;
 Shipper Email Address;
 Shipment Initiator Phone Number;
 Consignee Name;
 Consignee Address;
 Consignee Phone Number;
 Consignee Email Address;
 Marketplace Name;
 Buyer Account Number;
 Buyer Address;
 Seller Phone Number;
 Buyer Phone Number;
 Marketplace Website;
 Buyer Name;
 Buyer Confirmation Number;
 Buyer Email Address;
 Carrier Name;
 Known Carrier Customer;
 Merchandise/Product Weight; and,
 Merchandise/Product Quantity.
 Listed Price on Marketplace

    Estimated Number of Respondents: 20.
    Estimated Number of Annual Responses per Respondent: 70,000.
    Estimated Number of Total Annual Responses: 1,400,000.
    Estimated Time per Response: 5 seconds.
    Estimated Total Annual Burden Hours: 1,944.

    Dated: September 9, 2019.
Seth D. Renkema,
Branch Chief, Economic Impact Analysis Branch, U.S. Customs and Border 
Protection.
[FR Doc. 2019-19830 Filed 9-12-19; 8:45 am]
 BILLING CODE 9111-14-P