Notice of Detention

Forms and Documents

Document Name	Status
DMCA Supporting Statement 1651-0073 Notice of Detention.docx Supporting Statement A	2024-10-23
DMCA NPRM.pdf Supplementary Document	2024-10-23
ACE Basics - DIS_0.pdf Supplementary Document	2020-12-29
privacy-pia-cbp-ace003b-appendixa-march2020.pdf Supplementary Document	2020-12-04
PIA ACE.pdf Supplementary Document	2017-08-23
CFR-2011-title19-vol1-sec133-43.pdf Supplementary Document	2017-08-07
CFR-2011-title19-vol1-sec133-25.pdf Supplementary Document	2017-08-07
CFR-2011-title19-vol1-sec133-21.pdf Supplementary Document	2017-08-07
CFR-2011-title19-vol2-sec151-16.pdf Supplementary Document	2017-08-07
USCODE-2011-title19-chap4-subtitleIII-partIII-sec1499.pdf Supplementary Document	2017-08-07

IC Document Collections

IC ID	Document Title	Status
20822	Notice of Detention	Modified

ICR Details

OMB Control No: 1651-0073	ICR Reference No: 202410-1651-002
Status: Received in OIRA	Previous ICR Reference No: 202011-1651-003
Agency/Subagency: DHS/USCBP	Agency Tracking No:
Title: Notice of Detention
Type of Information Collection: Revision of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular	Date Submitted to OIRA: 10/31/2024

	Requested	Previously Approved
Expiration Date	36 Months From Approved	10/31/2024
Responses	1,695	1,350
Time Burden (Hours)	3,390	2,700
Cost Burden (Dollars)	0	0

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Abstract: Customs and Border Protection (CBP) may detain merchandise when it has reasonable suspicion that the subject merchandise may be inadmissible but requires more information to make a positive determination. If CBP decides to detain merchandise, a Notice of Detention is sent to the importer or to the importer’s broker/agent no later than 5 business days after the decision to detain the merchandise is made. The Notice must state that merchandise has been detained, the specific reason for the detention, the anticipated length of the detention, the nature of the tests or inquires to be conducted, and the nature of any information that could be supplied to CBP that may accelerate the disposition of the detention. The recipient of this notice may respond by providing information to CBP in order to facilitate the determination for admissibility or may ask for an extension of time to bring the merchandise into compliance. Notice of Detention is authorized by 19 U.S.C. 1499 and provided for in 19 CFR 151.16, 133.21, 133.25, and 133.43.

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Authorizing Statute(s): US Code: 19 USC 1499 Name of Law: Customs Modernization Act
  

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
	Not associated with rulemaking

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Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	84 FR 55251	10/16/2019
30-day Notice:	Federal Register Citation:	Citation Date:
	89 FR 52364	06/24/2024
Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 1

IC Title	Form No.	Form Name
Notice of Detention

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ICR Summary of Burden

	Total Request	Previously Approved	Change Due to New Statute	Change Due to Agency Discretion	Change Due to Adjustment in Estimate	Change Due to Potential Violation of the PRA
Annual Number of Responses	1,695	1,350	0	345	0	0
Annual Time Burden (Hours)	3,390	2,700	0	690	0	0
Annual Cost Burden (Dollars)	0	0	0	0	0	0

Burden increases because of Program Change due to Agency Discretion: Yes

Burden Increase Due to: Changing Regulations

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement: CBP estimates that the availability of the procedures in this final rule will increase the number of Notices of Detention issued for IPR violations, there is an increase in burden hours under this collection with this final rule.

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Annual Cost to Federal Government: $34,781

Does this IC contain surveys, censuses, or employ statistical methods? No

Does this ICR request any personally identifiable information (see OMB Circular No. A-130 for an explanation of this term)? Please consult with your agency's privacy program when making this determination.     Yes

Does this ICR include a form that requires a Privacy Act Statement (see 5 U.S.C. §552a(e)(3))? Please consult with your agency's privacy program when making this determination.     No

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? No

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? No

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? No

Is this ICR related to the Pandemic Response? No

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Common Form ICR:  No

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On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).

The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:

(a) It is necessary for the proper performance of agency functions;

(b) It avoids unnecessary duplication;

(c) It reduces burden on small entities;

(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;

(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;

(f) It indicates the retention periods for recordkeeping requirements;

(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:

(i) Why the information is being collected;

(ii) Use of information;

(iii) Burden estimate;

(iv) Nature of response (voluntary, required for a benefit, or mandatory);

(v) Nature and extent of confidentiality; and

(vi) Need to display currently valid OMB control number;

(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.

(i) It uses effective and efficient statistical survey methodology (if applicable); and

(j) It makes appropriate use of information technology.

If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.

Certification Date: 10/31/2024

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