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Please note that the OMB number and expiration date may not have been determined when this Information Collection Request and associated Information Collection forms were submitted to OMB. The approved OMB number and expiration date may be found by clicking on the Notice of Action link below.
View ICR - OIRA Conclusion
OMB Control No:
1651-0075
ICR Reference No:
202101-1651-002
Status:
Historical Active
Previous ICR Reference No:
201905-1651-004
Agency/Subagency:
DHS/USCBP
Agency Tracking No:
Title:
Drawback Process Regulations and Entry Collection Documents
Type of Information Collection:
Extension without change of a currently approved collection
Common Form ICR:
No
Type of Review Request:
Regular
OIRA Conclusion Action:
Approved with change
Conclusion Date:
07/25/2022
Retrieve Notice of Action (NOA)
Date Received in OIRA:
01/21/2021
Terms of Clearance:
Inventory as of this Action
Requested
Previously Approved
Expiration Date
07/31/2025
36 Months From Approved
07/31/2022
Responses
3,000
0
66,855
Time Burden (Hours)
1,650
0
38,582
Cost Burden (Dollars)
0
0
0
Abstract:
The collections of information related to the drawback process are required as per 19 CFR part 190 (Modernized Drawback), which provides for refunds of duties, taxes, and fees for certain merchandise that is imported into the United States where there is a subsequent related exportation or destruction. All claims for drawback, sometimes referred to as TFTEA-Drawback, must be filed electronically in the Automated Commercial Environment (ACE), in accordance with the Trade Facilitation Trade Enforcement Act of 2015 (TFTEA) (Pub. L. 114–125, 130 Stat. 122), and in compliance with the regulations in part 190, 181 (NAFTA Drawback) and 182 (USMCA Drawback). Specific information on completing a claim is available in the drawback CBP and Trade Automated Interface Requirement (CATAIR) document at: https://www.cbp.gov/document/guidance/ace-drawback-catair-guidelines. CBP Form 7553, Notice of Intent to Export, Destroy or Return Merchandise for Purposes of Drawback (NOI), documents both the exportation and destruction of merchandise eligible for drawback. The NOI is the official notification to CBP that an exportation or destruction will occur for drawback eligible merchandise. The CBP Form 7553 has been updated to comply with TFTEA-Drawback requirements and is accessible at http://www.cbp.gov/newsroom/publications/forms. Relevant Regulations and Statutes: Title 19, part 190 - https://ecfr.io/Title-19/Part-190 19 USC 1313 - https://www.govinfo.gov/content/pkg/USCODE-2011-title19/pdf/USCODE-2011-title19-chap4-subtitleII-partI-sec1313.pdf 19 USC 1313 authorizes the information collected on the CBP form 7553 as well as in the ACE system for the electronic drawback claim. The New Data Elements in ACE for Drawback include the following: 1. Substituted Value per Unit 2. Entry Summary Line Item Number 3. Bill of Materials/Formula 4. Certificate of Delivery/Drawback Eligibility Indicator 5. Import Tracing Identification Number (ITIN) 6. Manufacture Tracing Identification Number (MTIN) 7. Certification for Valuation of Destroyed Merchandise 8. Substituted Unused Wine Certification 9. Certification of Eligibility for AP and/or WPN Privilege(s) 10. Identification of Accounting Methodology 11. Indicator for Notice of Intent to Export or Destroy 12. Indicator for Waiver of Drawback Claim Rights New data elements added to the CBP Form 7553: 1. Continuation sheet(#15-19) 2. Line item number added (#15) 3. Rejected merchandise box added (#20) 4. Instructions were edited to comply with TFTEA-Drawback requirements This collection of information applies to the individuals and companies in the trade community who are and are not familiar with drawback, importing and exporting procedures, and with the CBP regulations. Please note that CBP Forms 7551 and 7552 are both abolished. From February 24, 2019, onward, TFTEA-Drawback, as provided for in part 190, is the only legal framework for filing drawback claims. No new drawback claims may be filed under the paper-based processes previously provided for in part 191 (Drawback). Sections 190.51, 190.52, and 190.53 provide the requirements to submit a drawback claim electronically. The provisions of part 190 are similar to the provisions in part 191, except where necessary to outline all the data elements for a complete claim (previously contained in CBP form 7551) and modify those requirements to comply with TFTEA-Drawback. CBP form 7552, Certificates of Delivery and Certificates of Manufacturing & Delivery will no longer be requested or accepted to demonstrate the transfer of merchandise. Sections 190.10 and 190.24 require that any transfers of merchandise must be evidenced by business records, as defined in section 190.2.
Authorizing Statute(s):
US Code:
19 USC 1313(l)
Name of Law: Tariff Act of 1930
PL:
Pub.L. 114 - 125 130 Stat. 122
Name of Law: Trade Facilitation Trade Enforcement Act of 2015 (TFTEA)
Citations for New Statutory Requirements:
None
Associated Rulemaking Information
RIN:
Stage of Rulemaking:
Federal Register Citation:
Date:
Not associated with rulemaking
Federal Register Notices & Comments
60-day Notice:
Federal Register Citation:
Citation Date:
85 FR 68905
10/30/2020
30-day Notice:
Federal Register Citation:
Citation Date:
86 FR 1986
01/11/2021
Did the Agency receive public comments on this ICR?
No
Number of Information Collection (IC) in this ICR:
1
IC Title
Form No.
Form Name
Delivery Certificate for Purposes of Drawback
CBP Form 7552
Delivery Certificate for Purposes of Drawback
Drawback Entry
Notice of Intent to Export, Destroy or Return Merchandise
CBP Form 7553
Notice of Intent to Export, Destroy or Return Merchandise for Purposes of Drawback (NOI)
ICR Summary of Burden
Total Approved
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
3,000
66,855
0
-63,855
0
0
Annual Time Burden (Hours)
1,650
38,582
0
-36,932
0
0
Annual Cost Burden (Dollars)
0
0
0
0
0
0
Burden increases because of Program Change due to Agency Discretion:
No
Burden Increase Due to:
Burden decreases because of Program Change due to Agency Discretion:
Yes
Burden Reduction Due to:
Miscellaneous Actions
Short Statement:
CBP Form 7552 and 7551 are no longer in use and have been removed from this collection and there is no change to the burden hours for CBP Form 7553. Based on the removal of the two forms, the burden has been reduced 36,932 hours.
Annual Cost to Federal Government:
$55,500
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.
No
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
Agency Contact:
Shade Williams 202 365-3691 shade.williams@cbp.dhs.gov
Common Form ICR:
No
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:
01/21/2021
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