FR 2021-02817

The document in question is a notice from the Department of Homeland Security, specifically the U.S. Customs and Border Protection (CBP), seeking public comment on the continuation of an information collection requirement. This requirement involves a form known as the "Declaration of Person Who Performed Repairs or Alterations." This form is necessary when goods that have been temporarily exported from the U.S. for repairs are brought back. The declaration helps Customs determine the value of the repairs performed and, consequently, the duty payable on these goods. The public is invited to provide comments by March 15, 2021, to ensure that the process is efficient and not overly burdensome for those required to complete it.

Significant Issues and Concerns

A few notable points emerge upon a closer examination of the notice. Firstly, the notice does not clearly articulate why the extension of this information collection is necessary, leaving some uncertainty around its importance. This could pose an issue, as a lack of transparency often leads to misunderstandings.

There is also concern surrounding the complexity of the language used in the document. Technical legal references, such as "19 CFR 10.8" and "subheadings 9802.00.40 and 9802.00.50, Harmonized Tariff Schedule of the United States," might not be easily understood by the general public or businesses without legal expertise.

The notice also fails to provide a detailed justification for the estimated number of respondents and burden hours involved in the process. It raises questions about the accuracy of these estimates and whether they reflect the actual workload experienced by businesses.

Additionally, there is a lack of information on any potential alternatives or technological advancements considered to lighten the burden on respondents. The absence of evidence of prior consultation with affected businesses suggests limited stakeholder engagement before the notice was published. Finally, the potential costs businesses might incur while complying with this regulation are not discussed, which stakeholders may need to weigh the regulation's impact.

Public and Stakeholder Impact

Broadly speaking, the public might not feel any immediate direct impact from this notice, given its technical nature and specificity to certain business transactions. However, ensuring that public comment is solicited and considered could enhance the transparency and fairness of the policy-making process, which indirectly benefits everyone connected with trade and commerce.

Specific stakeholders, particularly businesses involved in exporting goods for repairs, will be directly influenced by this document. The process of filling out the declaration may be seen as an additional administrative burden. If estimates for time and effort are set too low without proper justification or consultation, businesses could find themselves grappling with unexpected compliance demands. On a positive note, the opportunity for public comments could allow businesses to voice concerns over any burdens and suggest improvements, potentially leading to a more streamlined and efficient declaration process that minimizes compliance costs.

In conclusion, while this federal notice seeks to maintain a necessary procedure for the assessment of duties on repaired goods, it does highlight several areas where improvements could be made to ensure clarity, transparency, and efficiency. Addressing these issues could significantly benefit businesses and enhance the overall regulatory process.