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Comments Sought on Commercial Invoice, Arrival/Departure Record

Tuesday, November 26, 2013
Sandler, Travis & Rosenberg Trade Report

U.S. Customs and Border Protection is requesting public comments by Jan. 27 on the proposed extension of the following information collections.


Commercial Invoice. The commercial invoice is necessary for conducting adequate examinations of merchandise and determination of the duties due. The information on the commercial invoice is provided to CBP by the importer and is used to ascertain the proper tariff classification and valuation of imported merchandise. To facilitate trade, CBP did not develop a specific form for this information collection, and importers are allowed to use their existing invoices to comply.


Arrival/Departure Record and ESTA. CBP Forms I-94 (Arrival/Departure Record) and I-94W (Nonimmigrant Visa Waiver Arrival/Departure Record) are used to document a traveler’s admission into the United States. These forms are filled out by aliens and are used to collect information on citizenship, residency and contact information. The data elements collected on these forms enable DHS to perform its mission related to the screening of alien visitors for potential risks to national security and the determination of admissibility to the United States.

ESTA applies to aliens traveling to the United States under the Visa Waiver Program and requires that VWP travelers provide information electronically to CBP before embarking on travel to the United States. Travelers who are entering under the VWP in the air or sea environment, and who have a travel authorization obtained through ESTA, may forgo completing the paper Form I-94W. CBP now gathers data collected on the paper Form I-94 from existing automated sources in lieu of requiring passengers arriving by air or sea to submit a paper I-94 upon arrival. The paper I-94 is still required from travelers entering the United States at a land border.

CBP is proposing to revise some of the questions on ESTA and Form I-94W in order to make them more easily understandable to respondents and collect more detailed information about health and security issues. CBP is also proposing to remove some questions from ESTA and Form I-94W that are no longer relevant.

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