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Prior Disclosure Information Collection Under Review by CBP

Thursday, September 12, 2013
Sandler, Travis & Rosenberg Trade Report

U.S. Customs and Border Protection is accepting comments through Nov. 12 on the proposed extension without change of an information collection requirement concerning prior disclosure. Comments should address (1) whether the collection of information is necessary for the proper performance of CBP’s functions, including whether the information collected has practical utility; (2) the accuracy of CBP’s estimates of the burden of the collection; (3) ways to minimize that burden, including the use of automated collection techniques or other forms of information technology; (4) ways to enhance the quality, utility and clarity of the information collected; and (5) the annual cost burden to respondents or record keepers (total capital/startup costs and operations and maintenance costs).

The prior disclosure program establishes a method for a potential violator to disclose to CBP that it has committed an error or violation with respect to the legal requirements of entering merchandise into the U.S., such as underpaid tariffs or misclassified merchandise. CBP regulations specify that to make a prior disclosure the respondent must submit information about the merchandise involved, a specification of the false statements or omissions, and what the true and accurate information should be. A valid prior disclosure will entitle the disclosing party to reduced penalties pursuant to 19 USC 1592(c)(4).

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