CBP Seeks Comments on Vessel Manifest Confidentiality Info Collection
U.S. Customs and Border Protection is requesting comments by January 24, 2012 on an existing information collection concerning Vessel Manifest Confidentiality. CBP is proposing to extend the expiration date of this information collection with an increase to its estimate of the number of total annual responses1.
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Vessel Manifest Confidentiality Under 19 CFR 103.31
19 CFR 103.31(d) allows an importer or consignee2 to request confidential treatment of its names and addresses in inward vessel manifests (including identifying marks and numbers), as well as the name and address of its shipper(s). Shippers3 are allowed to request confidential treatment of their name and address in outward vessel manifests. Such certifications must be filed every two years to remain in place. Renewal certifications should be submitted to the Disclosure Law Officer at least 60 days prior to the expiration of the current certification.
According to 19 CFR 103.31, there is no prescribed format for a certification; however, the certification shall include the importer's/consignee's/shipper's Internal Revenue Service (IRS) Employer Number, if available.
Info covered by certification may not be published. Accredited representatives of the press, including newspapers, commercial magazines, trade journals, and similar publications, may normally examine, copy, and publish certain vessel manifest and summary statistical information on imports and exports; however, information covered by a confidential certification may only be examined and copied by the press, it cannot be published. In addition, such information will not be included on the CD-ROMs of Automated Manifest System (AMS) data that are sold to the public.
Public access to info restricted. According to 19 CFR 103.31(c), the public is not allowed to examine vessel manifests, but may request and obtain information from vessel manifests from CBP, subject to the limitations that have been established for the press.
However, importers or exporters, or their duly authorized brokers, attorneys, or agents, may be permitted to examine manifests with respect to any consignment of goods in which they have a proper and legal interest as principal or agent, but are not permitted to make any general examination of manifests or make any copies or notations from them except with reference to a particular importation or exportation in which they have a proper and legal interest.
CBP states that air, truck, and rail manifest info is confidential. Although 19 CFR 103.31 deals only with vessel manifests, CBP sources have confirmed by phone that air, truck, and rail manifest information is kept confidential.
CBP Estimates 5,040 Requests Filed Each Year, at 15 Mins Each
CBP estimates there are 5,040 respondents who will file a request for vessel manifest confidentiality annually. CBP also estimates the time per request to be 15 minutes. As a result, the total annual burden hours for the vessel manifest confidentiality request is estimated to be 1,260 hours.
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 has 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 cost burden to respondents or record keepers from the collection of information (total capital/startup costs and operations and maintenance costs).
(This CBP notice also describes and asks for similar comments on the following forms or their electronic equivalents: Importer Security Filing (ISF), CBP Forms 1302 (Vessel Inward Cargo Declaration), 1302A (Vessel Cargo Declaration Outward with Commercial Forms), 7509 (Air Cargo Manifest), and 7533 (Inward Cargo Manifest for Vessel Under Five Tons, Ferry, Train, Car, Vehicle, Etc.), as well as the Vessel Stow Plan, and Container Status Messages (CSMs).
See ITT’s Online Archives 11112341 for summary of the request for comments on the ISF. See future issues of ITT for detailed summaries of these other information collections.)
1CBP sources stated by phone that CBP has revised its estimate of the number of responses (i.e., requests for confidentiality) filed annually (although the notice itself does not indicate this).
2Or their authorized employee, attorney or official.
3Or authorized employee or official.
CBP Contact -- Tracey Denning (202) 325-0265