Crew's Effects Declaration
1651-0020
Explain the circumstances that make the collection of information necessary. Identify any legal or administrative requirements that necessitate the collection. Attach a copy of the appropriate section of each statue and regulation mandating or authorizing the collection of information.
Crew's Effects Declaration, CBP Form-1304, was developed through agreement by the United Nations Intergovernmental Maritime Consultive Organization (IMCO) in conjunction with the United States and various other countries. The form is used for the entrance and clearance of vessels pursuant to the provisions of 19 CFR 4.7 and 4.7(a). 19 USC 1431 and 19 USC 1434.
2. Indicate how, by whom, and for what purpose the information is to be used. Except for a new collection, indicate the actual use the agency has made of the information received from the current collection.
CBP Form-1304 is completed by the master of the arriving carrier to record and list the crew's effects that are accompanying them on the trip, but which are defined as merchandise under U.S. statutes and, therefore, must be manifested. The form is also used by CBP as the single form which the master of the vessel can attest to the truthfulness of the merchandise being carried aboard the vessel as crew's effects. If CBP Form-1304 was not completed there would be no accountability for assessment or non-assessment of duties on merchandise taken on and off the vessel.
3. Describe whether, and to what extent, the collection of information involves the use of automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g. permitting electronic submission of responses, and the basis for the decision for adopting this means of collection. Also describe any consideration of using information technology to reduce burden.
This form is filled out on a ship so electronic submission would be difficult. However, CBP is still attempting to develop a means for automation of this form. Therefore, CBP targets electronic submission of this form as part of the Automated Commercial Environment by 2013.
4. Describe efforts to identify duplication. Show specifically why any similar information already available cannot be used or modified for use for the purposes described in Item 2 above.
This information is not collected in any form, and therefore is not duplicated elsewhere.
5. If the collection of information impacts small businesses or other small entities (Item 5 of the OMB Form 83-I), describe any methods used to minimize burden.
This information collection does not have an impact on small businesses or other small entities.
6. Describe consequences to Federal program or policy activities if the collection is not conducted or is conducted less frequently, as well as any technical or legal obstacles to reducing burden.
If this information were not collected CBP would be unable to account for the assessment of correct duties and would mean lost revenue.
7. Explain any special circumstances that would cause an information collection to be conducted in a manner:
This information is collected in a manner consistent with the guidelines of 5 CFR 1320.6.
8. If applicable, provide a copy and identify the date and page number of publication in the Federal Register of the agency's notice, required by 5 CFR 1320.8(d), soliciting comments on the information collection prior to submission to OMB. Summarize public comments received in response to that notice and describe actions taken by the agency in response to these comments. Specifically address comments received on cost and hour burden.
Public comments were solicited through two Federal Register notices published on June 27, 2008 (Volume 73, Page 36543) and on September 9, 2008 (Volume 73, Page 52408). As of this submission, one comment was received.
The commenter describes the facts as follows: there is no provision of law that requires crew or passengers of a vessel to report their possessions or belongings, when such items are declared orally because in most cases they are subject to entry free of duty. The commenter provides a list of personal declarations and exemptions from 19 C.F.R. 148 in support of their comments.
The CBP Form 1304 falls under the procedures and regulations set out in 19 C.F.R. 4.7(a), 4.7(b).
CBP Form 1304 serves several essential purposes for CBP. As stated in its title, the form is a Crew’s Effects Declaration. The declaration is presented as part of the inward manifest and is the first opportunity for CBP personnel to review and determine what article(s) a crew member retains on board the vessel. If applicable, CBP will assess and collect any duties and Internal Revenue taxes as part of our mission to protect the revenue, and enforce the Customs laws, and this will be based on information CBP obtains from Form 1304.
As CBP moves forward with its computer modernization efforts, including development, testing and eventual deployment of the Automated Commercial Environment (ACE), CBP will be compelled to revise and redesign many CBP Forms. CBP is determined to eliminate redundancy and stream line processes that meet the needs of the international trade community and CBP. The commenter’s suggestions will be taken into consideration as this process develops.
This information was conveyed to the commenter telephonically by the CBP Program office that handles the Crew’s Effects Declaration.
9. Explain any decision to provide any payment or gift to respondents, other than remuneration of contractors or grantees.
There is no offer of a monetary or material value for this information collection.
10. Describe any assurance of confidentiality provided to respondents and the basis for the assurance in statute, regulation, or agency policy.
There are no assurances of confidentiality provided to the respondents for this information collection.
11. Provide additional justification for any questions of a sensitive nature, such as sexual behavior and attitudes, religious beliefs, and other matters that are commonly considered private. This justification should include the reasons why the agency considers the questions necessary, the specific uses to be made of the information, the explanation to be given to persons from whom the information is requested, and any steps to be taken to obtain their consent.
There are no questions of a sensitive nature.
12. Provide estimates of the hour burden of the collection of information.
FORM |
TOTAL ANNUAL HOURS |
NO. OF RESPONDENTS |
RESPONSES PER RESPONDENT |
TOTAL ANNUAL RESPONSES |
TIME PER RESPONSE |
1304
|
206,100 |
9,000 |
23 |
206,100 |
60 minutes or (1) hour |
Public Cost
The cost to respondents is estimated at $4,122,00. This is based on the estimated burden hours (206,100) multiplied (x) hourly rate ($20.00)
There is no record keeping burden associated with this collection.
13. Provide an estimate of the total annual cost burden to respondents or recordkeepers resulting from the collection of information.
There are no capitalization or start-up costs associated with this collection.
14. Provide estimates of annualized cost to the Federal Government. Also provide a description of the method used to estimate cost, which should include quantification of hours, operational expenses (such as equipment overhead, printing, and support staff), and any other expense that would not have been incurred without this collection of information.
The estimated cost associated with collecting the information is $1,284,500. This is based on 36,700 hours expended at an hourly rate of $35.00.
15. Explain the reasons for any program changes or adjustments reported in Items 12 or 13 of this Statement.
The burden hours were increased due to public comments CBP received that stated that 5 minutes to complete this form is unrealistic. CBP agreed and raised the time to complete the form to 60 minutes which resulted in a significant increase to the burden hours.
16. For collection of information whose results will be published, outline plans for tabulation, and publication.
This information collection will not be published for statistical purposes.
17. If seeking approval to not display the expiration date for OMB approval of the information collection, explain the reasons that display would be inappropriate.
CBP will display the expiration date for OMB approval of this information collection.
18. Explain each exception to the certification statement identified in Item 19,
“Certification for Paperwork Reduction Act Submissions,” of OMB Form 83-I.
CBP does not request an exception to the certification of this information collection.
No statistical methods were employed.
| File Type | application/msword |
| Author | Preferred Customer |
| Last Modified By | tyrone.huff |
| File Modified | 2008-10-10 |
| File Created | 2008-10-10 |