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CBP Seeks Comments on Petition for Mitigation of Penalties (Form 4609)

U.S. Customs and Border Protection is requesting comments by August 12, 2011, on its existing “Petition for Remission or Mitigation of Forfeitures and Penalties Incurred” information collection.

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This submission to the Office of Management and Budget (OMB) is being made to extend the expiration date of this information collection with no change to the burden hours or to the information being collected.

Those Who Violate Tariff Act Entitled to File Form 4609 for Mitigation of Penalties

CBP Form 4609, Petition for Remission of Forfeitures and Penalties Incurred, is completed and filed with the CBP Port Director by individuals who have been found to be in violation of one or more provisions of the Tariff Act of 1930, or other laws administered by the CBP.

Persons who violate the Tariff Act are entitled to file a petition seeking mitigation of any statutory penalty imposed or remission of a statutory forfeiture incurred. This petition is submitted on CBP Form 4609. The information provided on this form is used by CBP personnel as a basis for granting relief from forfeiture or penalty. CBP Form 4609 (available here) is authorized by 19 USC 1618 and provided for by 19 CFR 171.11 (available here).

CBP Estimates 28,000 Businesses/Travelers Use Form

CBP estimates the number of respondents annually will be 28,000. CBP estimates the time per respondent will be 14 minutes and the total annual burden hours to be 6,500.

Comments Requested on Ways to Minimize Burden, Etc.

CBP is asking for comments from the general public and other Federal agencies on (a) whether the collection of information is necessary for the proper performance of the functions of the agency, including whether the information shall have practical utility; (b) the accuracy of the agency’s estimates of the burden of the collection of information; (c) ways to enhance the quality, utility, and clarity of the information to be collected; (d) ways to minimize the burden including the use of automated collection techniques or the use of other forms of information technology; and (e) the annual costs burden to respondents or record keepers from the collection of information (a total capital/startup costs and operations and maintenance costs).

CBP Contact -- Tracey Denning (202) 325-0265