CBP Announces Another 30 Days to Comment on ATPDEA Certificate of Origin, Adds New ATPA Declaration
U.S. Customs and Border Protection is announcing an additional 30 day comment period for the proposed extension of its existing e the Andean Trade Promotion and Drug Eradication Act Certificate of Origin (CBP Form 449) information collection, which it plans to submit to the Office of Management and Budget for review and approval.
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This submission is being made to extend the expiration date and to revise this information collection by adding a new CBP Form - CBP Form 17, Andean Trade Preference Act (ATPA) Declaration. According to CBP sources, this form was not available in November when they sought comments on the CBP Form 449 information collection and the form is not yet usable.
Comments on the proposed extension are due by March 17, 2011.
CBP Forms Used to Document Andean Preferential Treatment
The information collected CBP Forms 17 and 449 is to be used by CBP officers to document preferential tariff treatment under the provisions of the ATPA/ATPDEA.
The ATPA Certificate of Origin format is found under the CBP regulations, 19 CFR Part 10.201- 10.207. The type of information collected includes the processing operations performed on articles, the material produced in a beneficiary country or in the U.S., and a description of those processing operations. CBP has also developed a new form, CBP Form 17, ATPA Declaration, which may be used when claiming preferential treatment under ATPA.
The ATPDEA regulations are found in 19 CFR 10.251-10.257. CBP Form 449, ATPDEA Certificate of Origin is used to claim preferential duty treatment under ATPDEA. This form can only be used when claiming ATPDEA preferential treatment on the goods listed on the back of the form.
CBP Estimates for Responses, Annual Burdens for Certificates of Origin
ATPA Certificate of Origin. CBP states that businesses are affected by the ATPA Certificate of Origin. It estimates the number of respondents to be 2,133, with the estimated number of annual responses to be 4,266.
CBP estimates the time per response will be 10 minutes and the estimated total annual burden hours will be 711.
ATPDEA Certificate of Origin. CBP states that businesses are affected by the ATPDEA Certificate of Origin. It estimates the number of respondents to be 233, with the estimated number of annual responses to be 1,631.
CBP estimates the time per response will be 30 minutes and the estimated total annual burden hours will be 815.
Comments Requested on Ways to Minimize Burden of Forms 17 and 449
CBP is asking for comments from the general public and other federal agencies (1) whether the proposed collection of information is necessary for the proper performance of the functions of the agency/component, including whether the information will have practical utility; (2) evaluate the accuracy of the agencies/components estimate of the burden of The proposed collection of information, including the validity of the methodology and assumptions used; (3) ways to enhance the quality, utility, and clarity of the information to be collected; and (4) ways to minimize of the collections of information on those who are to respond, including the use of appropriate automated, electronic, mechanical, or other technological techniques or other forms of information.
ATPA/ATPDEA Expired on February 12
ATPA/ATPDEA for Colombia and Ecuador expired on February 12, 2011. (On December 29, 2010, the President signed into law a H.R. 6517, the Omnibus Trade Act, which extended ATPA/ATPDEA for Colombia and Ecuador through February 12, 2011, from its original expiration date of December 31, 2010. ATPA/ATPDEA was not extended for Peru; its eligibility expired on December 31, 2010 (Peru has a free trade agreement with the U.S.)
On February 8, 2011, Senators Casey (D) and Brown (D) introduced S. 308, a bill to amend and reinstate the Generalized System of Preferences Program, reinstate the ATPA/ATPDEA and extend Trade Adjustment Assistance. On February 10, 2011, Representative Camp (R), Chairman of the House Ways and Means Committee introduced a bill (H.R. 622) to reinstate ATPDEA through June 30, 2011. H.R. 622 is not currently on the House schedule for the week of February 14, 2011; however, it could be added to this week’s schedule at a later date. (See ITT's Online Archives or 02/14/11 news, 11021426, for BP summary.)
(See ITT’s Online Archives or 11/30/10 news, 10113020, for BP summary of CBP’s requesting comments on this information collection by January 28, 2011.
See ITT’s Online Archives or 02/14/11 news, 11021411, for BP summary of CBP’s expiration instructions for ATPA/ATPDEA.)
CBP contact- Tracey Denning (202) 325-0265