FINAL - OMC DS-2031 Supporting Statement 12-21

SUPPORTING STATEMENT FOR
PAPERWORK REDUCTION ACT SUBMISSION

Shrimp Exporter’s/Importer’s Declaration

OMB Number 1405-0095

DS-2031

A. JUSTIFICATION

1. The DS-2031 is necessary to certify that shrimp and shrimp products exported to the United States were harvested in a manner that does not harm sea turtles, pursuant to Section 609 of P.L. 101-162 (hereinafter referred to as Section 609). As of May 1, 1996, the Department of State has established guidelines requiring that a copy of this form, signed by the exporter (and, under certain circumstances, a government official) of the harvesting country accompany each shipment of shrimp or shrimp product to the United States. Without this form, shipments of shrimp or shrimp product may not enter the United States.

2. The information collected on this form is used by Customs and Border Protection (CBP) to determine if shrimp and shrimp product shipped to the United States after May 1, 1996, meet the requirements for entry pursuant to Section 609, which prohibits imports of shrimp and shrimp products unless it is certified that either the harvesting nation has a sea turtle protection program comparable to the U.S. program or that the fishing environment in the harvesting nation does not pose a threat of the incidental taking of sea turtles.

3. For enforcement purposes, the DS-2031 must be signed. In July 2009 the Department of State and the Department of Homeland Security (DHS) agreed on a modified process to document shrimp imports. We are still in the pilot program for electronic transmission during which the submission of data via electronic means is optional for importers. Using the International Trade Data System through the Automated Commercial Environment, the importer can optionally enter the information from the DS-2031 and include a signed copy of the DS-2031 via the Document Imaging System. This process gives all users the convenience of e-filing and allows focused and more effective enforcement activities.

4. The information requested on the DS-2031 is not available from any other source and does not duplicate any existing information collections. Without this information enforcement of Section 609 would not be possible.

5. The collection of this information may involve small businesses in foreign countries; however the burden on any respondent to provide the relevant information will be minimal. Moreover, without the collection of this information, these small businesses would suffer considerable loss of income due to their inability to export shrimp or shrimp products to the United States.

6. The collection of information, through the use of the DS-2031, represents the only viable approach to effective implementation of Section 609. The implementation of Section 609 requires that the U.S. government determine whether shipments of shrimp and shrimp products will be allowed entry into the United States. Without the DS-2031, no documentary evidence will be available for the U.S. government to make that determination with any degree of confidence.

7. There are no special circumstances in this collection.

8. The Department of State published a 60-day notice on May 20, 2016, to solicit public comments for this collection (see 81 F.R. 32003). No public comments received.

9. No payment or gift is provided to respondents.

10. The DS-2031 requests no potentially proprietary information, and thus no assurance of confidentiality is necessary, nor has any been provided.

11. The DS-2031 requests no information of a sensitive nature.

12. The number of responses is estimated to be 10,000 from an estimated 3,000 respondents, based on former filings. This may fluctuate as market conditions change. Each shipment of shrimp or shrimp products will require a DS-2031 form. The annual burden is estimated at 1,666 hours, based on a form burden of 10 minutes (10,000 x 10 minutes / 60 minutes). The hour cost based on the Bureau of Labor Statistics using the Fishers and Related fishing workers hourly wage of $13.14 X 1.4 (wage multiplier) = $18.39. The estimated annual hour costs for respondents to complete DS-2031 is 1,666 X $18.39 = $30,637.

13. The cost burden to respondents will be negligible. Each respondent submits an average of three responses per year. The cost of the recordkeeping burden to maintain three DS-2031s is extremely minimal as well.

14. The Department estimates that the cost of this information collection to the Federal Government is minimal. The Department of State makes the DS-2031 available on its website and will utilize its embassies in the affected countries to distribute paper copies to their host governments as necessary.

15. No program changes or adjustments are being reported.

16. The information to be collected by the DS-2031 will not be published.

17. The Department will display the expiration date for OMB approval of the information collection.

18. The Department is not requesting any exception to the certification statement.

B. COLLECTION OF INFORMATION EMPLOYING STATISTICAL METHODS

This collection does not employ statistical methods.